64-95 Ordinance
-~-~-
RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'n_nfi"~9-5n---- P assedn_nn_nnm-nn n_____nnnnn _ ._n_u ._19 __n.__
AN ORDINANCB REPEALING AND RBPLACING
CHAPTER 1313, FLOOD CONTROL, OF THB
DUBLIN CODIFIED ORDINANCES RBGULATING
.... AREAS OF SPECIAL FLOOD HAZARD,
AND DECLARING AN EMERGENCY
~4il
nEREAS, the provisions of Chapter 1313 of the city of
Dublin Codified Ordinances minimizes public and private losses
due to flood conditions in specific areas; and
nEREAS, certain revisions have been requested by the
Federal Emergency Management Agency (FEMA) through (ODNR) and
include new definitions as well as language for adoption of
the new flood maps which become effective August 2, 1995; and
nEREAS, FEMA has mandated that legislation adopting
these changes be enacted no later than August 2, 1995; and
nEREAS, Dublin I s continued participation in the National
Flood Insurance Program is contingent upon enactment of FEMA 's
modified regulations on or before August 2, 1995; and
N01l, THEREFORE, BE IT ORDAI(jD by the City council of the
city of Dublin, state of Ohio, of the elected members
concurr~ng:
section 1. That existing Chapter 1313 ( "Flood
".... Control") be repealed in its entirety and replaced as follows:
1313.01 PURPOSE
-
It is the purpose of this chapter to promote the public
health, safety and general welfare, and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed to:
(a) Protect human life and health;
(b) Minimize expendi ture of public money for costly
flood control projects:
(c) Minimize the need for rescue and relief
efforts associated with flooding and
generally undertaken at the expense of
the general public;
(d) Minimize prolonged business
interruptions;
(e) Minimize damage to public facilities and
utilities such as water and gas mains,
electric, telephone and sewer lines,
"~~ streets and bridges located in areas of
special flood hazard;
,-
(f) Help maintain a stable tax base by
providing for the proper. use and
development of areas of special flood
hazard so as to minimize future flood
blight areas;
(g) Ensure that those who occupy the areas of
special flood hazard assume
responsibility for their actions. (Ord.
27-80. Passed 4-21-80)
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO.__m'4-..9.5__mn Passednnmnmnm m.mmnmmmnmm__19nn._-
paqe 2
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1313.02 DEFINITIONS
.....,j
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the
meaning they have in common usage and to give this chapter its
most reasonable application.
(a) "Accessorv structure" means a structure
on the same lot with, and of a nature
customarily incidental and subordinate
to, the principal structure.
(b) "ADDeal" means a request for review of
the city Engineer's interpretation of any
provision of this chapter or a request
for a variance.
(c) "Area of shallow floodina" means a
designated AO or AH zone on a community's
Flood Insurance Map Rate (FIRM) wi th a
one percent or greater annual chance of
flooding to an average depth of one to
three feet where a clearly defined
C channel does not exist, where the path of
flooding is unpredictable and where
velocity flow may be evident. Such
flooding is characterized by ponding or
sheet flow.
(d) "Area of special flood hazard" means the
land in the floodplain subject to a one
percent or greater chance of flooding in
any given year. Areas of special flood
hazard are designated by the Federal
Emergency Management Agency as Zone A,
AE, AH, AO, Al-30, and A99.
(e) "Base flood" means the flood having a one
percent chance of being equaled or
exceeded in any given year. The base
flood may also be referred to as the one-
hundred (100) year flood. .
(f) "Basement" means any area of the building
having its floor subgrade (below ground
level) on all sides.
(g) "DeveloDment" means any man-made change
to improved or unimproved real estate,
including but not limited to buildings or
other structures, mining, dredging,
filling, grading, paving, excavation or
drilling operations or storage of
equipment or materials.
(h) "Federal Emergencv Manaaement Aaencv"
(FEMA) means the agency with the overall
responsibility for administering the
National Flood Insurance Program.
.~~-- --....,..--.,
RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No. ____64~.9_5.____u Passed___uunmn____ ______________ _________n__.19___um
Page 5
".- use as a permanent dwelling but as
temporary living quarters for
- recreational, camping, travel, or
seasonal use.
(t) "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 the alteration affects the
external dimensions of a building.
(u) "structure" means a walled and roofed
building, manufactured home, or gas or
liquid storage tank that is principally
above ground.
(v) "Substantial damaqe" 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 50 percent of the market value
of the structure before the damage
occurred.
-
(w) "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. This
term includes structures which have
incurred "substantial damage", regardless
of the actual repair work performed. The
term does not, however, include:
I
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No. ____i4_~9_~____H P assed_____n_n_ n_U___uuummm .m_______n19 Hn___'
Page 6
"...... (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 a "historic
structure", provided that the
alteration will not preclude
the structure's continued
designation as a "historic
structure"; or
(3) Any improvement to a structure
which is considered new
construction.
(x) "Variance" means a grant of relief from
the standards of this chapter consistent
...... with the variance conditions herein.
........ 1313.03 METHODS OF REDUCING FLOOD LOSSES
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 water hazards or which result in
damaging increases in flood heights or
velocities;
(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 natural
floodplains, stream channels, and natural
protective barriers, which help
accommodate or channel flood waters;
(d) Controlling filling, grading, dredging,
..... and other development which may increase
flood damage; and,
....... (e) Preventing or regulating the construction
of flood barriers which will unnaturally
divert flood waters or which may increase
flood hazards in other areas. (Ordinance
27-80. Passed 4-21-80).
1313.04 APPLICATION AND INTERPRETATION
(a) Jurisdiction
I
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
Ordinance NO.n __6.....9_Smnn Passed_mmmnnmmn__m__m.____mmnn19m___
Page 7
,- This chapter shall apply to all areas of special flood
hazard within the jurisdiction of the Municipality.
........
(b) Basis for Establishina the Area of Plood Hazard
The areas of special flood hazard have been identified by
the Federal Emergency Management Agency in a scientific and
engineering report entitled "Flood Insurance study for
Franklin County, Ohio and Incorporated Areas." This study,
with accompanying Flood Insurance Rate Maps dated August 2,
1995, and any revisions thereto is hereby adopted by reference
and declared to be a part of this chapter. The Flood
Insurance study is on file at the Office of the City Engineer.
(c) ComDliance
Unless specifically exempted from filing for a
development permit as stated in section 1313.05(b), no
structure or land shall hereafter be located, erected,
constructed, repaired, extended, converted, enlarged or
altered without full compliance with the terms of this chapter
and all other applicable regulations which apply to uses
within the jurisdiction of this chapter.
__ (d) Abroqation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or
~ impair any existing easements, covenants, or deed
restrictions. However, where this chapter and another
chapter, easement, covenant, or deed restriction conflict or
overlap, whichever imposes the more stringent restrictions
shall prevail.
(e) InterDretation
In the interpretation and application of this chapter,
all provisions shall be:
(1) Considered as minimum
requirements;
(2) Liberally construed in favor of
the governing body; and,
(3) Deemed neither to limit nor
repeal any other powers granted
under state statutes. Where a
provision of this chapter may
be in conflict with a state
-- law, such state law shall take
f precedence over the chapter.
........
(f) Warnina 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 does not
imply that land outside the areas of special flood hazard or
uses permitted within such areas will be free from flooding or
flood damages. This chapter shall not create liability on the
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance NO.n___6-l...9_5_n_ P assedmm.n__ _m_m_____mnmnn __m .m19 m____
paqe 8
part of the Municipality, any officer or employee thereof, or
the Federal Emergency Management Agency, for any flood damages
-..,.. that results from reliance on this chapter or any
administrative decision lawfully made thereunder.
1313.05 ADMINISTRATION
(a) DeveloDment Permit
A Development Permit shall be obtained before
construction or development begins within any area of special
flood hazard established in Section 1313.04(b). Application
for a Development Permit shall be made on forms furnished by
the City Engineer and may include, but not be limited to:
site specific topographic plan drawn to scale showing the
nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of
materials, drainage facilities, and the location for the
foregoing. Specifically, the following information is
required:
(1) Elevation in relation to mean
sea level of the lowest floor,
...... including basement, of all
proposed structures located in
special flood hazard areas
......... where base flood elevation data
are utilized;
(2) Elevation in relation to mean
sea level to which any proposed
structure will be flood proofed
in accordance with Section
1313.09(b)1 where base flood
elevation data are utilized;
(3) Certification by a registered
professional engineer or
architect that the
floodproofing methods for any
nonresidential structure meet
the floodproofing criteria in
Section 1313.09(b)1 where base
flood elevation data are
utilized;
(4) Description of the extent to
which any watercourse will be
".... altered or relocated as a
result of the proposed
-- development and certification
by a registered professional
engineer that the flood
carrying capacity of the
watercourse will not be
diminished.
(b) ExemDtion from Filina a DeveloDment Permit
An application for a Development Permit shall not be
required for maintenance work such as roofing, painting, and
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No .m__64-...9..5._m_ Passed__mu____mu._ ____n_________m __________19________
Page 9
"....... basement sealing, or for small nonstructural development
activities (except for filling and grading) valued at less
.. than $1,000.00 or as determined by the City Engineer.
(c) Administrator
The City Engineer or his designee is hereby appointed to
administer and implement this chapter by granting or denying
development permit applications in accordance with its
provisions.
1313.06 DUTIES AND RESPONSIBILITIES OF THE CITY
ENGINEER
The duties and responsibili ties of the city Engineer
shall include but are not limited to:
(a) Permit Review
(1) Review all development permits
to determine that the permit
requirements of this chapter
have been satisfied.
~ (2) Review all development permits
to assure that all necessary
-- permi ts have been received from
those federal, state or local
governmental agencies from
which prior approval is
required. The applicant shall
be responsible for obtaining
such permits as required
including permits issued by the
Department of the Army under
Section 10 of the Rivers and
Harbors Act and Section 404 of
the Clean Water Act.
(3) Review all development permits
to determine if the proposed
development is located within a
designated floodway. Floodways
are delineated in the Flood
Insurance Rate Map of the Flood
Insurance Study. Floodways may
also be delineated in other
sources of flood information.
~ If the proposed development is
located within a designated
-.. floodway, assure that the
encroachment provision of
section 1313.10(a) is met.
(b) Use of Other Base Flood 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 1313.04(b), are
designated as Zone A on the community's Flood Insurance Rate
Map. Within these areas, the City Engineer shall obtain,
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No. ___~6"-...95nnn Passedmn ~___ nn~___.~~~______.~_~_n_____n_19____~_
paqe 10
.~ review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source,
...... including data obtained under Sections 1313.08(d) and
1313.09(f) in order to administer Section 1313.10.
(c) Information to be Obtained and Maintained
Where base flood elevation data are utilized within areas
of special flood hazard on a community's Flood Insurance Rate
Map, regardless of the source of such data, the following
provisions apply:
(1) Obtain and record the actual
elevation (in relation to mean
sea level) of the lowest floor,
including basement, of all new
or substantially improved
structures, and record whether
or not such structures contain
an enclosure below the lowest
floor;
(2) For all new or
substantially-improved floodproofed
- nonresidential
structures:
........ (a) Verify and record
the
actual elevation (in relation to mean sea
level) to which the structure was
floodproofed; and,
(b) Maintain the
floodproofing certifications required in
section 1313.05(a) (3)
(3) Maintain for public inspection
all records pertaining to the
provisions of this chapter.
(d) Alteration of Watercourse
(1) Notify adjacent communities and
the Ohio Department of Natural
Resources, Division of Water,
prior to any alteration or
relocation of a watercourse,
and submit evidence of such
".... notification to the Federal
Emergency Management Agency. A
~ watercourse is considered to be
altered if any change occurs
within its banks.
(2) Maintain engineering
documentation required in
Section 1313.05(a) (4) that the
flood carrying capacity of the
altered or relocated portion of
said watercourse will not be
diminished.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No ._____64.....9-5m_ __ Passedm___nm ummuu__________m___.____.m19 umm
Page 11
-
, (3) Require that necessary
maintenance will be provided
......... for the altered or relocated
portion of said watercourse so
that the flood carrying will
not be diminished.
(e) InterDretation of Plood Boundaries
Make interpretations, where needed, as to the exact
location of the boundaries of the areas of special flood
hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions). Where
a map boundary and field elevations disagree, the elevations
delineated in the flood elevation profile shall prevail. The
person contesting the location of the boundary shall be given
a reasonable opportuni ty to appeal the interpretation as
provided in Section 1313.07.
1313.07 VARIANCE PROCEDURE
(a) ADDeal Board
__ (1) The Board of Zoning Appeals as
established by the Municipality
shall hear and decide appeals
......... and requests for variances from
the requirements of this
chapter.
(2) The Board of Zoning Appeals
shall hear and decide appeals
when it is alleged there is an
error in any requirement,
decision, or determination made
by the City Engineer in the
enforcement or administration
of this chapter.
(3) Those aggrieved by the decision
of the Board of Zoning Appeals
or any taxpayer, may appeal
such decision to the Common
Pleas Court, as provided in
state law.
(4) In passing upon such
applications, the Board of
-- Zoning Appeals shall consider
all technical evaluations, all
....... relevant factors, standards
specified in other sections of
this chapter, and:
(A) The danger that
materials may be
swept onto other
lands to the injury
of others;
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance No. ____6"-..9.5._mu Passed_____uum.___ ______uuum_u____ ______19um___
paq. 12
- life
(B) The danger to
and property due to
- flooding or erosion
damage;
(e) The susceptibility
of the proposed
facility and its
contents to flood
damage and the
effect of such
damage on the
individual owner;
(D) The importance of
the services
provided by the
proposed facility to
the community;
(E) The availability of
alternative
locations for the
proposed use which
-- are not subject to
flooding or erosion
-.... damage;
(F) The necessity to the
facility of a
waterfront location,
where applicable;
(G) The compatibility of
the proposed use
with existing and
ant i c i pat e d
development;
(H) The relationship of
the proposed use
with existing and
ant i c i pat e d
development;
(I) The safety of access
to the property in
time of flood for
ordinary and
lfIII1"""" emergency vehicles;
........ (J) The expected
heights, velocity,
duration, rate of
rise, and sediment
transport of the
flood waters and the
effects of wave
act ion , i f
applicable, expected
at the site; and,
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance N 0 .---~~64.~.9.s~--- Passedu________~ mum___~___mmu __~~______19~___n__
paqe 13
-
(K) The costs of
pro v i din g
~ governmental
services during and
after flood
con d i t ion s ,
i n c Iud i n g
maintenance and
repair of pUblic
utilities and
facilities such as
sewer, gas,
electrical, and
water systems, and
streets and bridges.
(5) Upon consideration of the
factors of Section
l3l3.07(a}(4} and the purposes
of this chapter, the Board of
Zoning Appeals may attach such
conditions to the granting of
variances as it deems necessary
to further the purposes of this
.",.... chapter.
(6) The City Engineer shall
-- maintain the records of all
appeal actions and report any
variances to the Federal
Emergency Management Agency
upon request.
(b) Conditions for variances
(l) variances shall not be issued
within any designated floodway
if any increase in flood levels
during the base flood discharge
would result.
(2) Variances shall only be issued
upon a determination that the
variance is the minimum
necessary, considering the
flood hazard, to afford relief.
(3) Generally, variances may be
issued for new construction and
~ substantial improvements to be
erected on a lot of one-half
__ acre or less in size contiguous
to and surrounded by lots with
existing structures constructed
below the base flood level,
providing items (A to K) in
Subsection (a) (4) have been
fully considered. As the lot
size increases beyond one-half
acre, the technical
justification required for
issuing the variance increases.
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance N 0 .__~~~6"'~.95~mm P assedm____~__~ n__U__m~__mm~~ ____~~m n__19 ~~~~~~~
paq. 14
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(4) Variances may be issued for the
repair and 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.
(5) Variances shall only be issued
upon:
(A) A showing of good
and sufficient
cause;
(B) A determination that
failure to grant the
variance would
r e s u I t i n
j!III!\I!o exceptional hardship
to the applicant;
-- and,
(e) A determination that
the granting of a
variance will not
result in increased
flood heights beyond
that which is
allowed in this
chapter, additional
threats to pUblic
s a f e t y ,
extraordinary public
expense, create
nuisances, cause
fraud on or
victimization of the
public as identified
ins e c t ion
1313.07(a) (4), or
conflict with
existing local laws
or ordinances.
--
(6) 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 the cost of flood
insurance will be commensurate
with the increased risk
resulting from the reduced
lowest floor elevation.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
Ordinance No.__ __64.~9S.______ Passed. ________m___ ______m___ _____mmm_ ___19______.
paq. 15
......
1313.08 PROVISIONS FOR FLOOD HAZARD REDUCTION
~ (a) Anchorina
(1) All new construction and
substantial improvements shall
be anchored to prevent
flotation, collapse, or lateral
movement of the structure
resul ting from hydrodynamic and
hydrostatic loads, including
the effects of buoyancy.
(2) 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
resul ting 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.
(b) Construction Materials and Method
(1) All new construction and
substantial improvements shall
be constructed with materials
resistant to flood damage;
(2) All new construction and
substantial improvements shall
be constructed using methods
and practices that minimize
flood damage; and,
(3) All new constructed 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
wi thin the components during
__ conditions of flooding.
(c) utilities
The following standards apply to all water supply,
sanitary sewerage and waste disposal systems not otherwise
regulated by the Ohio Revised Code:
(1) All new and replacement water
supply systems shall be
designed to minimize or
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RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No. m~64-....9-5m~u Passedmnnm,~ .~~__ mnmmmnmnmnm19m.~~__
paqe 16
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eliminate infiltration of flood
water into the systems;
""""'"
(2) New and replacement sanitary
sewerage systems shall be
designed to minimize or
eliminate infiltration of flood
waters into the systems and
discharge from the systems into
flood waters; and,
(3) On site waste disposal systems
shall be located to avoid
impairment to them or
contamination from them during
flooding.
(d) Subdivision ProDosals
(1) All subdivision proposals
including manufactured home
subdivisions, shall be
consistent with the need to
minimize flood damage;
",.....
(2) All subdivision proposals,
including manufactured home
....... subdi visions, shall have public
utilities and facilities such
as a sewer, gas, electrical,
and water systems located and
constructed to minimize flood
damage;
(3) All subdivision proposals,
including manufactured home
subdivisions, shall have
adequate drainage provided to
reduce exposure to flood
damage;
(4) All subdivision proposals,
including manufactured home
subdivisions, shall meet the
specific standards of Section
1313.09(f).
1313.09 SPECIFIC STANDARDS
""....
In all areas of special flood hazard where the base flood
...... elevation data have been provided as set forth in Section
1313.04 (b) and Section 1313.06(b). The following provisions
are required:
(a) Residential Construction
(1) New construction and
substantial improvement of any
residential structure shall
have the lowest floor,
including basement, elevated to
. '_-'..",_.~'....~_._-~---~~~- .- -_.,--_.~~~. jj n ~= ~.IoI-- .
RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'_un6"~.9.sm Passedmm.m_ nm____ummnmm__m___J 9n.__.
paqe 17
-
one foot above the base flood
elevation.
.......
(b) Nonresidential Construction
(1) New construction and
substantial improvements of any
commercial, industrial or other
nonresidential structure shall
ei ther have the lowest floor,
including basement, elevated to
the level of one foot above the
base flood elevation; or,
together with attendant utility
and sanitary facilities, shall:
(A) Be floodproofed so
that the structure
is watertight with
walls substantially
impermeable to the
passage of water to
one foot above the
level of the base
",.... flood elevation.
(B) Have structural
........ components capable
of resisting
hydrostatic and
hydrodynamic loads
and effects of
buoyancy; and,
(C) Be certified by a
reg i s t ere d
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. Such
certification shall
be provided to the
"",.". official as set
forth in 1313.05(a)
..... (3) .
(c) Accessory structures
(1) A relief to the elevation or
dry floodproofing standards may
be granted for accessory
structures (e.g., sheds,
detached garages) containing
576 square feet or less in
gross floor area. Such
,__~*._______~ .._ _._."..__...__~_'._,.. " I"JlII
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NOon __64.~9.5____u P assed_n___.m___________mm________m ._________19 _m__n
Page 18
-
structures must meet the
encroachment provisions of
- section 1313.10 (a) and the
following additional standards:
(A) They shall not be
used for human
habitation;
(B) They shall be
designed to have low
flood damage
potential;
(C) They shall be
constructed and
placed on the
building site so as
to offer the minimum
resistance to the
flow of flood
waters;
(D) They shall be firmly
__ anchored to prevent
flotation; and,
.. (E) Service facilities
such as electrical
and heating
equipment shall be
elevated or
floodproofed.
(d) Manufactured Homes and aecreational Vehicles
The following standards shall apply to all new and
substantially improved manufactured homes not subject to the
manufactured home requirements of Ohio Revised Code 3733.01:
(1) Manufactured homes shall be
anchored in accordance with
section 1313.08(a) (2).
(2) Manufactured homes shall be
elevated on a permanent
foundation such that the lowest
floor of the manufactured home
is at the base flood elevation.
",...
(e) Enclosures Below the Lowest Ploor
........
The following provisions apply to all new substantially
improved residential and nonresidential structures which are
elevated to one foot above 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 subj ect to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exist of floodwater.
Designs for meeting this requirement must:
-"-'-"-~'-'-~'~'-"-"~'~~----~-~'-'~~~~
RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance N 0 ._____64.~95__u_ Passed__________ u nu__.__________u___._n _________.19______
paq. 19
~ registered
(1) Be certified by a
professional engineer or
- architect; or,
(2) Must meet or exceed the
following criteria:
(A) 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.
(B) 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 floodwater.
(f) Subdivisions and Larae DeveloDaents
In all areas of special flood hazard where base flood
elevation data have not been provided in accordance with
Section 1313.04(b) or Section 1313.06(b) the following
standards apply to all subdivision proposals, including
manufactured home subdivisions, and other proposed
developments containing at least 50 lots or 5 acres (whichever
is less):
(1) The applicant shall provide
base flood elevation data
performed in accordance with
standard engineering practices;
(2) If Section 1313.09(f) (1) is
satisfied, all new construction
and substantial improvements
shall comply with all
......- applicable flood hazard
reduction provisions of Section
...... 1313.08 and Section 1313.09
1313.10(a) AREAS WITH FLOODWAYS
The Flood Insurance Study referenced in Section
1313.04(b) identifies a segment within areas of special flood
hazard known as a floodway. Floodways aay also be delineated
in other sources of flood information as specified in Section
1313.06(b). The floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential
_...._.""~~-~-_._.- r
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No, 30043
Ordinance N 0 'mu64.~.9.s.____ Passedm_mm nmmu.mmn___mm nm_.___19 um_u
paq. 20
.......
projectiles, and erosion potential. The following provisions
apply within all delineated floodway areas:
.....,
(1) Prohibit encroachments,
including fill, new
construction, substantial and
other improvements, and other
development unless a hydrologic
and hydraulic analysis
performed in accordance with
standard engineering practice
demonstrates that the proposed
encroachment would not result
in any increase in flood levels
during the occurrence of the
base flood discharge.
(2) If section 1313.10(a) is
satisfied, all new construction
and substantial improvements
shall comply with all
applicable flood hazard
reduction provisions of section
1313.08 and section 1313.09.
",...
(3) Any encroachment within the
-- floodway that would result in
an increase in base flood
elevations can only be granted
upon the prior approval by the
Federal Emergency Management
Agency. Such requests must be
submitted by the City Engineer
to the Federal Emergency
Management Agency and must meet
the requirements of the
National Flood Insurance
Program.
(b) Areas without Floodways
In all areas of special flood hazard where FEMA has
provided base flood elevation data as set forth in section
1313.04 (b), but FEMA has not delineated a floodway, the
following provisions apply:
(1) New construction, substantial
improvements, or other
development (including fill)
".... shall only be permitted if it
is demonstrated that the
..... cumulative effect of any
proposed development, when
combined with all other
existing and anticipated
development, shall not increase
the water surface elevation of
the base flood more than 1
(one) foot at any point.
(2) If Section 1313.10(b) (1) is
satisfied, all new construction
~-_.~,--,"".-........_- _...._...L.___
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance NO'm~~64..~9.s.~m_ Passedmm.mum~ m~mnmm~.~m__ ~um19~mn__
paqe 21
- substantial improvements
and
shall comply with all
..... applicable flood hazard
reduction provisions of section
1313.08.
1313.11 FILL
Located within areas of special flood hazard established
in section 1313.04(b), no fill shall be placed between the
floodway and the base flood elevation or between the floodway
and twenty feet from the floodway, whichever is less.
1313.99 PENALTY
(a) Whoever violates any provision of this
chapter is guilty of a minor misdemeanor.
Each day such violation continues shall
be considered a separate offense.
(b) Nothing contained herein shall prevent
the Municipality from taking such other
".... lawful action as is necessary to prevent
or remedy any violation.
.... section 2. That this Ordinance shall be declared to
be an emergency, necessary to preserve the health, welfare and
safety of the citizens of Dublin by enabling Dublin to
continue to participate in the National Flood Insurance
Program and therefore, this Ordinance shall be in full force
and effect immediately upon its passage.
Passed this /J7fh day of rrr- , 1995.
ATTEST:
~~~
CLERK OF COUNCIL
.-
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