It is the purpose of this chapter to promote and provide for the proper use and development of lands subject to periodic flooding and to encourage the development of such lands in a manner that will promote the public health, safety and general welfare of the residents of the City. The intent of this chapter is to secure safety from flooding, minimize flood damage to persons and property, minimize public expenditures for flood relief and flood control projects, and to reduce the height and violence of floods insofar as such are caused by any natural or artificial obstruction.

   In order to accomplish its purposes, this chapter includes methods and provisions for:

   (a)   Restricting or prohibiting uses which are dangerous to health, safety and property due to flooding, or which result in damaging increases in erosion, in flood heights or in flood water velocity;

   (b)   Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

   (c)   Controlling the alteration of the flood plain, watercourse channels and natural protective barriers, which help accommodate or channel flood waters;

   (d)   Controlling the filling, grading, dredging and other development which may increase flood damage; and

   (e)   Preventing or regulating the creation of floodway obstructions or encroachments which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

(Ord. 93-12. Passed 4-20-93.)

   (a)   “Area of special flood hazard” means the land in the flood plain identified by the Federal Emergency Management Agency (FEMA) in scientific and engineering reports entitled “The Flood Insurance Study for Franklin County, Ohio and Incorporated Areas,” dated April 21, 1999, and any revisions thereto, and “The Flood Insurance Study for Delaware County, Ohio and Incorporated Areas,” dated April 21, 1999, and any revisions thereto, which is subject to a one percent (1%) or greater chance of flooding in any given year. Areas of special flood hazard are designated by FEMA as Zones A, AE, AH, AO, A1-30 and A99.

   (b)   “Base Flood” means the 100-year recurrence internal flood as shown on the Flood Profiles and the Flood Insurance Rate Map; that flood, having a one percent (1%) chance of being equaled or exceeded in any given year, which defines the flood plain.

   (c)   "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.

   (d)   "Development" means any man-made change to real property, including but not limited to structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

   (e)   “Encroachment" means any intrusion into the floodway that by itself or in conjunction with other intrusions could decrease the floodway's ability to carry and discharge the base flood or could increase the surface elevation of a base flood.

   (f)   "Flood" or "flooding" means a general and temporary condition of inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source.

   (g)   "Flood Insurance Rate Map" (FIRM) means the official map dated April 21, 1999, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City, and any revisions thereto and is a part of this Zoning Ordinance. There can be on file a letter of map revision (LOMR) or letter of map amendment (LOMA) which would, in fact, be a revision to a FIRM map.

   (h)   “Flood Insurance Study” means the official report provided by the Federal Emergency Management Agency that includes flood profiles, floodway boundaries, and the water surface elevation of the base flood.

   (i)   "Flood protection elevation" means that elevation not less than one and one-half feet above the base flood elevation to which uses regulated by the special Flood Hazard Regulations are required to be elevated or floodproofed to compensate for the many unknown factors that could contribute to flood elevations greater than that calculated for a base flood.

   (j)   "Floodway" means the channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-half foot.

   (k)   "Historic structure" means any structure that is:

      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

      (2)   Certified or preliminarily determined by the Secretary as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

      (3)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary; or

      (4)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

         A.   By an approved state program as determined by the Secretary, or

         B.   Directly by the Secretary in states without approved programs.

   (l)   "Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is built in accordance with the applicable design requirements in this chapter for enclosures below the lowest floor.

   (m)   "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. "Manufactured home" does not include a "recreational vehicle".

   (n)   "Manufactured home park or subdivision" means land divided into two or more manufactured home lots for rent or sale. "Manufactured home park or subdivision" shall exclude any manufactured home park as defined in Ohio R.C. 3733.01, over which the Public Health Council has exclusive rule-making power.

   (o)   "New construction" means structures for which the "start of construction" commenced on or after the initial effective date of the City of Westerville's Flood Insurance Rate Map, and includes any subsequent improvements to such structures.

   (p)   "Recreational vehicle" means a vehicle which is:

      (1)   Built on a single chassis,

      (2)   400 square feet or less when measured at the largest horizontal projection,

      (3)   Designed to be self-propelled or permanently towable by a light duty truck, and

      (4)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

   (q)   "Start of construction" means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

   (r)   "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. Substantial damage also means flood related damage sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

   (s)   "Substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. "Substantial improvement" includes structures which have incurred substantial damage, regardless of the actual repair work performed. "Substantial improvement" does not, however, include:

      (1)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;

      (2)   Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an "historic structure"; or

      (3)   Any improvement to a structure which is considered new construction.

(Ord. 99-26. Passed 4-20-99.)

   To secure this degree of safety from flooding and damages of flooding, the objectives of this chapter are to assure the retention of sufficient natural floodway area to convey flood flows; to designate a minimum flood protection elevation; to reduce the height and violence of floods insofar as such are increased by any encroachment or flood obstruction:

   (a)   The flood plain constitutes two overlays which are hereby established for and effective in the floodway and floodway fringe of the City and which shall be subject to the regulations of this chapter. These overlays, the floodway overlay and the floodway fringe overlay, are detailed on the flood profile and Flood Insurance Rate Map (FIRM) contained in the Flood Insurance Study and are subject to the provisions of this chapter.

      These two overlays distinguish between:

      (1)   The hazards to life and property associated with that portion of the flood plain required to carry and discharge the waters of a base flood (the floodway overlay) and

      (2)   The remaining portion of the flood plain that is subject to inundation during a base flood (the floodway fringe overlay).

   (b)   The regulations of this chapter shall be construed as being supplementary to the regulations imposed on the same lands by virtue of the land being part of a zoning district. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

   (c)   It shall be the intent of this chapter to use the most current data available for identifying the flood plain, floodway and floodway fringe. Such data may be supplied by the Ohio Department of Natural Resources, Federal Emergency Management Agency or an approved technical institute or governmental agency. Consideration shall be given to an engineer-certified specific site survey and study which presents detailed elevation information which is not otherwise available.

(Ord. 99-26. Passed 4-20-99.)

   (a)   The selection of the floodway overlay shall be based on the principle that the area chosen for the floodway must be sufficient to carry the waters of the base flood without increasing the water surface elevation of that flood more than one-half foot at any point within the watercourse or an affected watercourse reach. This floodway overlay designation is established on the Flood Insurance Rate Map (FIRM).

   (b)   The landward boundary of the floodway fringe overlay shall be that of the base flood. The channelward boundary of the floodway fringe overlay shall be that of the abutting floodway.

(Ord. 99-26. Passed 4-20-99.)

   (a)   The City shall make available and maintain information as to the flood plain which will provide descriptive data delineating the floodway and floodway fringe overlay boundaries along the major watercourses within the City by which the location of individual properties can be determined in relation to the flood plain.

   (b)   To further facilities the implementation of the Special Flood Hazard Area Regulations, the landward boundary of the flood plain shall be delineated on the Zoning Map to provide notice that the properties within the flood plain are subject to qualifications and restrictions in addition to those of the underlying zoning district.

   (c)   Where a watercourse meanders through or extensively borders a given subdivision or other parcel of land resulting in varying flood elevations, the highest flood elevation affecting a given parcel of land may be used to determine a flood protection elevation for the entire parcel or subdivision.

(Ord. 93-12. Passed 4-20-93.)

   (a)   Within a floodway, no buildings or structures shall be used and no buildings or structures shall be erected, constructed, altered or enlarged for any purpose and no premises shall be used which are arranged, intended or designed to be used for other than one of the following uses as permitted by the underlying zoning district.

      (1)   Agricultural use;

      (2)   Public or private recreational use;

      (3)   Public or private water-oriented facility for recreational or navigational use and water measuring and control device;

      (4)   Public utility such as an underground culvert or pipe, street or railroad not requiring fill, and watercourse-crossing bridge or transmission line above the flood protection elevations.

   (b)   No building, alteration of an existing building, structure or other encroachment, whether public or private, shall be permitted in the floodway which acting alone or in combination with existing or reasonably anticipated uses would impair the designated floodway's ability to carry and discharge the water resulting from the base flood.

   (c)   No structure associated with use listed in subsection (a)(1) to (4) hereof, including the supporting members of bridges and other public facilities crossing a watercourse, shall be permitted unless an engineering analysis by a registered engineer demonstrates that encroachment will not result in any increase in the water surface elevation during the base flood.

   (d)   Any building expansion or structure in addition to being floodproofed in accordance with Section 1167.12 shall meet the following requirements:

      (1)   Have a low flood damage potential;

      (2)   Be located on the site outside the floodway whenever possible;

      (3)   Be aligned so as to minimize its potential as an obstruction to the flow of water;

      (4)   Minimize the barrier effect of appurtenant works such as fences and walls; and

      (5)   Maintain the terrain.

(Ord. 93-12. Passed 4-20-93.)

   (a)   Within the floodway no building, structure or premises shall be used, and no building or structure shall be erected which is designed to be used for overnight accommodations by human habitants.

   (b)   Any alteration of the floodway terrain through the shifting, addition or removal of material acting alone or in combination with other reasonably anticipated alterations would impair the designated floodway's ability to carry and discharge the waters resulting from the base flood is prohibited. The applicant shall provide an engineering analysis performed in accordance with standard engineering practices for any proposed alteration of the floodway terrain.

(Ord. 93-12. Passed 4-20-93.)

   (a)   Any use expressly permitted by the underlying zoning district is also permitted in the floodway fringe.

   (b)   Any building, structure or premises located on any portion of any parcel that is within, or partially within, the floodway fringe shall be erected, arranged or designed to be used as specified by the underlying zoning district and in accordance with the following specifications.

      (1)   Residential. Each residential building or alteration of an existing residential building shall be elevated such that the lowest floor, including the basement, cellar or crawl space, is equal to or above the flood protection elevation for the site. A residential building shall have a means of ingress and egress to land outside the flood plain that is above the flood protection elevation and substantial enough for both pedestrian and vehicular access during a base flood.

      (2)   Commercial, manufacturing and other. New construction of, or substantial improvement to, any building, structure or appurtenant work shall be elevated as provided for in subsection (b)(1) hereof, or, together with attendant utility and sanitary facilities, shall be floodproofed as provided in Section 1167.12 to a point at or above the flood protection elevation. Accessory land uses such as yards, railroad tracks and parking lots may be at lower elevations.

      (3)   Public streets. Public streets shall be at a point equal to or above the flood protection elevation, or in developed areas shall meet the maximum elevation already established.

      (4)   Railroads, transmission lines, pipes, well fields and related facilities. Protection to a point equal to or above the flood protection elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.

      (5)   Storage of material. Material that, in time of flooding, is buoyant, flammable, explosive or could be injurious to human, animal or plant life shall be stored at or above the flood protection elevation, floodproofed or protected by structural measures consistent with the standards set forth in Section 1167.12.

      (6)   Utilities. Any new or replacement water supply system or sanitary sewage system shall be designed to minimize or eliminate infiltration of flood waters into the system. Any new or replacement sanitary sewage system shall also be designed to minimize discharge from the system into flood waters. An on-site waste disposal system shall be located so as to avoid impairment or contamination during flooding.

(Ord. 93-12. Passed 4-20-93.)

   (a)   Within the floodway fringe no building, structure or premises shall be used and no building or structure shall be erected in such a manner as to result in an encroachment into the floodway.

   (b)   Landfill is prohibited in the floodway fringe unless associated with a specific site development the extent of which shall be fully detailed on the application for a certificate of zoning clearance and the certificate issued therefor.

(Ord. 93-12. Passed 4-20-93.)

   Within the flood plain, no building or structure shall be erected, constructed, altered or enlarged and no development or use shall occur except upon the issuance of a zoning certificate.

      (1)   The name, address and telephone number of the applicant, and of the owner of the property.

      (2)   An accurate legal description of the property.

      (3)   The existing use and proposed use and proposed development of the property and the zoning district in which the property is located.

      (4)   Two copies of a plot plan drawn to scale and showing:

         A.   The shape and dimensions of the property.

         B.   The area of special flood hazard located on the property.

         C.   Locations and dimensions of existing structures and improvements.

         D.   Means for traffic access and provisions for parking.

         E.   Location and description of trees and shrubs.

         F.   Elevation in relation to mean sea level, of the lowest floor, including basement, of all structures.

         G.   Elevation in relation to mean sea level to which any structure has been flood-proofed.

         H.   Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in Section 1167.12(a)(6).

         I.   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

         J.   Any additional information required by the Zoning Officer to determine compliance with this Zoning Ordinance.

      (1)   The Zoning Officer shall not issue a zoning certificate until:

         A.   It has been determined that sites affected by the flood plain as designated by the Flood Insurance Study meet all the provision of this chapter; or

         B.   In unnumbered A zones where FEMA has not provided data, the City Engineer has determined based on data supplied by the applicant's engineer or architect that the proposed development will not adversely affect the flood-carrying capacity of the area of special flood hazard. "Adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one-half foot at any point. The City Engineer may require additional engineering data as part of the application in order to make such a determination.

      (2)   The Zoning Officer shall either approve or disapprove all applications for zoning certificate within thirty days of their filing.

      (3)   Disapproval of an application for a zoning certificate shall be accompanied by written findings of fact by the Zoning Officer explaining the reason for disapproval. Except as provided in subsection (b)(4) hereof, an applicant may appeal the decision of the Zoning Officer disapproving their application to the Board of Zoning Appeals. Notice of appeal shall be filed with the Zoning Officer within fifteen days after the decision of the Zoning Officer is mailed to the applicant at the address listed on the application.

      (4)   The Zoning Officer shall disapprove an application, which they determine contains information which is clearly and demonstrably false. There is no administrative appeal from such disapproval. Should the applicant file an amended application containing correct information, it shall be treated as a new application.

      (5)   Review all applications to assure that all necessary permits have been received from those federal, state and local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits as required.

      (6)   Make interpretations, where needed, as to the exact location of the boundaries of special flood hazards when there appears to be a conflict between a mapped boundary and actual field conditions. Where a map boundary and elevation disagree, the elevations delineated in the flood elevation profile shall prevail. The applicant may appeal the interpretation as per Section 1167.11.

(Ord. 01-81. Passed 1-15-02; Ord. 2024-11. Passed 7-2-24.)

   (a)   Appeals. The Board of Zoning Appeals shall determine appeals from the decisions of the Zoning Officer disapproving applications for zoning certificates based upon alleged errors in the application of the provisions of this chapter.

   (b)   Variances.

      (1)   Applications for variances from the development standards of this chapter shall be filed for determination by the Board of Zoning Appeals pursuant to Chapter 1113.

      (2)   No variance shall be granted unless the Board of Zoning Appeals determines the application complies with Section 1113.03.

      (3)   No variance shall be granted by the Board of Zoning Appeals until it has considered all the following:

         A.   The danger that materials may be swept onto other land to the injury of others.

         B.   The danger to life and property due to flooding or erosion damage.

         C.   The susceptibility of the proposed development to flood damage and the effect of such damage on the owner.

         D.   The importance of the services provided by the proposed development to the City.

         E.   The necessity to the development of a waterfront location, where applicable.

         F.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

         G.   The compatibility of the proposed use with existing and anticipated development.

         H.   The relationship of the proposed use to the comprehensive plan and flood plain management program for that area.

         I.   The safety of access for vehicles to the property in times of flood.

         J.   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site.

         K.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.

         L.   Whether the land proposed to be developed consists of less than one-half acre and is contiguous to and surrounded by lots with existing structures constructed below the base flood level. The granting of variances is more appropriate for such small tracts than for larger tracts.

      (4)   No variance shall be granted by the Board of Zoning Appeals where the variance will result in increased flood heights, additional threats to public safety, extraordinary public expense or nuisances.

      (5)   The Board of Zoning Appeals shall grant the minimum variance from development standards of the chapter necessary to grant relief to the applicant consistent with the flood hazard to the area.

      (6)   No variance shall be granted by the Board of Zoning Appeals for land located within any designated floodway where the variance will result in any increase in flood levels during the base flood discharge.

      (7)   Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

      (8)   Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(Ord. 93-12. Passed 4-20-93.)

   (a)   General Standards. The following development standards apply to all areas within the floodway fringe.

      (1)   Anchoring.

         A.   All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

         B.   All manufactured homes not otherwise regulated by the Ohio Revised Code pertaining to manufactured home parks shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

      (2)   Construction materials and methods.  

         A.   All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

         B.   All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

         C.   All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

      (3)   Utilities.

         A.   All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

         B.   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.

         C.   On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

      (4)   Subdivision proposals.

         A.   All subdivision proposals, including manufactured home subdivision, shall be consistent with the need to minimize flood damage.

         B.   All subdivision proposals, including manufactured home subdivisions, shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

         C.   All subdivision proposals, including manufactured home subdivisions, shall have adequate drainage provided to reduce exposure to flood damage.

         D.   All subdivision proposals, including manufactured home subdivisions, shall meet the specific standards of subsection (d) hereof.

      (5)   Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the flood protection elevation.

      (6)   Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall:

         A.   Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

         B.   Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

         C.   Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the standards of this subsection.

   (b)   Manufactured Home Standards.

      (1)   The following standards shall apply to all new and substantially improved manufactured homes not subject to the manufactured home requirements of Ohio R.C. 3733.01.

         A.   Manufactured homes shall be anchored in accordance with subsection (a)(1) hereof.

         B.   Manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation.

   (c)   Enclosures Below the Lowest Floor.

      (1)   The following standards apply to all new and substantially improved residential and nonresidential structures which are elevated to the base flood elevation using pilings, columns or posts. Fully enclosed areas below the lowest floor that are useable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall:

         A.   Be certified by a registered professional engineer or architect; or

         B.   Must meet or exceed the following criteria:

            1.   A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

            2.   The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other openings provided that they permit the automatic entry and exit of floodwaters.

      (2)   Any enclosure which meets these criteria shall be considered as having met the requirements of subsection (a)(1) hereof.

   (d)   Subdivisions and Large Developments. In all areas of special flood hazard where base flood elevation data have not been provided in accordance with Section 1167.03 or 1167.13(b), the following standards apply to all subdivision proposals, including manufactured home subdivisions, and other proposed developments containing at least fifty lots or five acres (whichever is less):

      (1)   The applicant shall provide base flood elevation data performed in accordance with standard engineering practices;

      (2)   If subsection (d)(1) hereof is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter.

(Ord. 93-12. Passed 4-20-93.)

   (a)   Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter does not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

   (b)   Use of Other Base Flood Elevation and Floodway Data. Areas of special flood hazard where base flood elevation data have not been provided by the Federal Emergency Management Agency in accordance with Section 1167.03, are designated as Zone A on the community's Flood Insurance Rate Map. Within these areas, the Zoning Officer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data obtained under the provisions of Section 1167.12(d), in order to administer the provisions of this chapter.

   (c)   Alteration of Watercourses. The City Manager shall notify all adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse, submit evidence of such notification to the Federal Emergency Management Agency and require that maintenance is provided within the altered or relocated portion of a watercourse so that its flood-carrying capacity is not diminished.

   (d)   Reports of Variances Granted. The City Manager shall report any variances granted from the development standards of this chapter to the Federal Emergency Management Agency upon its request.

(Ord. 99-26. Passed 4-20-99.)