ORDINANCE NO. 10-88
AN ORDINANCE TO AMEND SECTIONS OF THE CODE OF ORDINANCES
OF THE VILLAGE OF GRANVILLE ESTABLISHING FLOOD DAMAGE
PREVENTION AND FLOOD CONTROL REGULATIONS AND TO REPEAL
EXISTING SECTIONS OF THE CODE OF ORDINANCES.
NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, 011IO:
I: That Sections 1313. 01 through 1313. 03 and
1315. 01 through 1315. 04 of the Code of
Ordinances of Granville, Ohio, are hereby amended as follows:
ARTICLE XVIII, Section 3, of the Ohio Constitution
grants municipalities the legal authority to adopt hlaenadlthus,e and control measures for promoting the safety, and general welfare of its citizens. Therefore, the Council of Granville, State of Ohio does ordain as follows:
FINDINGS OF FACT
1) The flood hazard areas of the Village of Granville are subject to periodic inundation which
may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety, and general welfare.
2) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, ceolenvtaritbeduteor otherwise protected form flood damage also to the flood loss.
STATEMENT OF PURPOSE
pItubilsic the purpose of this ordinance to promote the health safety and general welfare, and to minimize public and private losses due to flood 1j',\
conditions in specific areas by provisions designed to: 1*7 A0
protect human life and health; A# Ar 2) mfloinoidmizceonetxroplenditure of public money for costly projects;
j) minimize the need for rescue and relief efforts titb associated with flooding and generally undertaken at the expense of the general public;
4) minimize prolonged business interruptions;
5) 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;
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6) help maintain a stable tax base by providing the for proper use and development of areas of special
flood hazard so as to minimize future flood blight
7) ensure that potential buyers are aware that
property is in an area of special flood hazard; and,
8) ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions.
1315.04 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance includes methods and provisions for:
1) 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;
2) requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
3) controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
4) controlling fillings, grading, dredging, and aonthder development which may increase flood damage;
5) preventing or regulating the construction of flood barriers which will unnaturally divert finlooodthewraters or which may increase flood hazards areas.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
the Accessory structure" means a structure on incidseamnetallot with, and of a nature customarily structure. and subordinate to, the principal
Appeal" means a request for a review of the Village Manager' s interpretation of any provision of this ordinance or a request for a variance.
land ihArea of special flood hazard" m· eans the to the flood plain within a community subject any agoivneenpyeercaer.nt or greater chance of flooding in
Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. The base flood may also be referred to as the one-hundred (100) year flood.
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Development" 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 located within
the area of special flood hazard.
Federal Emergency Management Agency" ( FEMA)
means the agency with the overall responsibility
for administering the National Flood Insurance Program.
Flood" or "Flooding" means a general and
temporary condition of partial or complete
inundation of norMally dry land areas from:
1) the overflow of inland or tidal waters, and/ or
2) the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Insurance Rate Map (FIRM) official means an map on which the Federal Emergency
Management Agency has delineated the areas of special flood hazard.
Flood Insurance Study"means the official
report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
Floodway"means the channel of a river or other 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 foot.
Lowest floor" means the lowest floor of the lowest enclosed area (including basement)A.n 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.
Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for cuosennwecitthed or without a permanent foundation when park to the required utilities. It includes trailers, travel trailers, and other similar cvoenhsicelceustivpelaced on a site for greater than 180 days.
Manufactured home park or subdivision"means aintpoarcel (or contiguous parcels) of land divided two or more manufactured home lots for rent or sale. This definition shall exclude any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code, over which the pPouwbelirc. Health Council has exclusive rule making
New construction"means structures for which the "start of construction" commenced on or after the effective date of this ordinance.
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Start of construction" means the date the
building permit was issued, provided the actual
start of construction, repair, reconstruction,
placement, or other improvement was within 365
days of the permit date: the permit shall be
considered to have expired if construction,
repair, reconstruction, placement, or other
improvement has not commenced one (1) year, immediately following its issue date. The actual
start means either the first placement or
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 ando/r 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.
Structure" means a walled and roofed
building, manufactured home, or gas or liquid
storage tank that is principally above ground.
Substantial improvement" means any repair, reconstructlon, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (1) before the improvement or repair is started, or 2) if tlie structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Ilistoric Places or a State Inventory of Historic Places.
Variance" is a grant of relief to a person from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance.
1315. 06 LANDS TO WilICII THIS ORDINANCE -APPLIES
This ordinance shall apply to all areas of special oflof oGdrahnazvailrlde.within the jurisdiction of the Village
Ordinance No. 10-88
A. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
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 the Village of Granville."This
study, with accompanying Flood Boundary and Floodway
Maps and/ or Flood Insurance Rate Maps dated
May 17, 1982 and any revisions thereto is hereby
adopted by reference and declared to be a part of this
ordinance. The Flood Insurance Study is on file at
118 South Main Street, Granville, Ohio.
Unless specifically exempted from filing for a
development permit as stated in Section 1315. 07 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 ordinance and all other applicable regulations
which apply to uses within the jurisdiction of this
C. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal,
abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance and
another ordinance, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
In the interpretation and application ordinance, of this 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 ordinance may be in conflict with a State law, such State law shall take precedence over the ordinance.
E. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance 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 manm- ade or natural causes. This ordinance 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 ordinance shall not create liability on the part of the Village of Granville, any officer or employee thereof, or the Federal Emergency Management, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
Ordinance No. 10-88
F. VIOLATIONS AND PENALTIES
Violation of the provisions of this ordinance or
failure to comply with any of its requirements shall
constitute a misdemeanor of the 4th degree. Any
person who violates this ordinance or fails to comply
with any of its requirements (including violation of
conditions of and safeguards established in connection
with conditions) shall upon conviction there of be
fined or imprisoned as provided by the laws of the
Village of Granville. Each day such violation continues
shall be considered a separate offense. Nothing herein
contained shall prevent the Village of Granville from
taking such other lawful action as is necessary to
prevent or remedy any violation.
A. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be obtained before
construction or development begins within any area of
special flood hazard established in Section 1315.06 A,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD. Application for a Development Permit shall be
made on forms furnished by the Village Manager and include, but may not be limited to: plans in duplicate
drawn to scale showing the nature, location, dimensions,
and elevations of the area in question; existing
or proposed structures, fill, storage or materials,
drainage facilities, and the location of 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;
2) elevation in relation to mean sea level to which
any proposed structure will be floodproofed;
3) certification by a registered professional
engineer or architect that the floodproofing
methods for any nonresidential structure meet
the floodproofing criteria in Section 1315. 08
4) description of the extent to which any watercourse will be altered or relocated as a result of
EXEMPTION FROM FILING A DEVELOPMENT PERMIT
An application for a Development Permit shall not be required for maintenance work such as roofing, painting, and basement scaling, or for small development activities (except for filling and grading) valued at less than $1,000. 00.
DESIGNATION OF. THE FLOOD DAMAGE PREVENTION ORDINANCE ADMINISTRATOR
The Village Manager is hereby appointed to administer and implement this ordinance by granting or denying pderovevliospiomnesn.t permit application in accordance with its
Ordinance No. 10-88
DUTIES AND RESPONSIBILITIES OF THE VILLAGE MANAGER
shall include but are not limited to:
1) Permit Review
a) Review all development permits to determine
that the permit requirements of this
ordinance have been satisfied.
b) Review all development permits to assure that
all necessary permits 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.
C) Review all development permits to determine
if the proposed development is located
within a designated floodway. Floodways are delineated in the Flood Boundary and
Floodway Map or 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
1315. 08 C.1.,is met.
2) Use of Other Base Flood Elevation and Floodway
Areas of special flood hazard where base flood
elevation data have not been provided by the
Federal Emergency Management Agency in accordance
with Section 1315. 06 A.,BASIS FOR ESTABLISHING
TIIE AREAS OF SPECIAL FLOOD HAZARD, are designated
as Zone A on the community' s Flood Insurance Rate Map. Within these areas, the Village Manager shall
obtain, review and reasonably utilize any base
flood elevation and floodway data available Federal, State, from a or other source, in order to administer Section 1315. 08 B. 2.,SPECIFIC
STANDARDS, Residential Construction; 1315.08 B.2., SPECIFIC STANDARDS, Nonresidential Construction;
and 1315. 08 C.1 FLOODWAYS.
Information to be Obtained and Maintained
Where base flood elevation data are utilized
within areas of special flood hazard on a community' s Flood Hazard Boundary Map or Flood sInuscuhrance Rate Map, regardless of the source of data, the following provisions apply:
a) 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 whether or not such structures contain a basement.
b) For all new or substantiallyi-mproved floodproofed structures:
Ordinance No. 10-88
i) verify and record the actual
elevation (in relation to mean
sea level) to which the structure
was floodproofed; and
ii) maintain the floodproofing
certifications required in Section
1315. 07 A.3.
C) Maintain for public inspection all records
pertaining to the provisions of this
4) Alteration of Watercourse
a) 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
b) Require that necessary maintenance will be
provided for by the applicant for the altered
relocated portion of said watercourse that the flood so carrying capacity will not be
E. VARIANCE PROCEDURE
1) Appeal Board
a) The Board of Zoning &Building Appeals as established by 'the Village of Granville,
shall hear and decide appeals and requests ofordr invaanricaen.ces from the requirements of this
b) The Board of Zoning &Building Appeals shall hear and decide appeals when it is alleged there is an error in any requirement decision, or determination made by the Village Manager in the enforcement or administration of this ordinance. Notice of- such appeal must be submitted in writing, to the Office-of the Village Manager within thirty days of the issuance notice of denial.
Those aggrieved by the decision of the Board of Zoning &Building Appeals, or any taxpayer, may appeal such decision to the Licking, County Court of Common Pleas, as provided in Chapter 2506 of the Ohio Revised Cfiondae lwoitrhdienr. 30 days of the issuance of the
d) In passing upon such applications, the Board of Zoning &Building Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and:
i) The danger that materials may be swept oonthtoerost;her lands to the injury of
ii) the danger to life and property due to flooding or erosion damage;
Ordinance No. 10-88
the susceptibility of the proposed
facility and its contents to flood
damage and the effect of such damage on the individual owner;
the importance of the services provided
by the proposed facility to the
the availability of alternative
locations for the proposed use which not subject are to flooding or erosion
the necessity to the facility of a
waterfront location, where applicable;
the compatibility of the proposed use with existing and anticipated
the relationship of the proposed use to
the comprehensive plan and flood plain
management program for that area;
the safety of access to the property in times of flood for ordinary and
X) 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; and,
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.
e) Upon consideration of the factors of Section 1) (d) and the purposes of this ordinance, the Board of Zoning &Building Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance.
f) The Village Manager shall maintain the records of all appeal actions and report any varlances to the Federal Emergency Management Agency upon request.
2) Conditions for Variance
a) cGoennsetrruacllyti,onvariances may be issued. for. new be erected and substantial improvements to in size conotinguaoulos t of oneh-alf acre or less with existing structtuoreasnd surrounded by lots the base flood level, constructed below in Section ( providing items (1-111) considered. a) (d) have been fully the oneh- alf Aas ctrhee, tlhoet steizcehniinccarleases beyond
vjuasrlatinficceation required for issuing the increases.
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b) Variances may be issued for the
reconstruction, rehabilitation, or
restoration of structures listed on the
National Register of Historic Places or the
State Inventory of Historic Places, without
regard to the procedures set forth in the
remainder of this section.
c) Variances shall not be issued within any
designated floodway if any increase in flood
levels during the base flood discharge would
d) Variances shall only be issued determination upon a that the variance is the
minimum necessary, considering the flood
hazard, to afford relief.
shall only be issued upon:
a showing of good and sufficient
a determination that failure to
grant the variance would result in
exceptional hardship to the
a determination that the granting
of a variance will not result in
increased flood heights beyond that
which is allowed in this ordinance,
additional threats to public
safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the
public as identified in Section
1315. 03 , or conflict with existing
local laws or ordinances.
f) 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.
PROVISIONS FOR FLOOD HAZARD REDUCTION
In all areas of special flood hazards the following standards are required:
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.
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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 to be
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 wlth
materials resistant to flood damage.
b) All new construction and substantial
improvements shall be constructed using
methods and practices that minimize
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 ando/r located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
b) 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,
C) Individual waste water treatment 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 subdivisions, 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;
Ordinance No. 10
C) All subdivision proposals, including
manufactured home subdivisions, shall
have adequate drainage provided to
reduce exposure to flood damage; and,
d) Base flood elevation data shall be
provided for subdivision proposals,
including manufactured home
subdivisions, and other proposed
developments which contain at least
50 lots or 5 acres (whichever is less).
In all areas of special flood hazards where base
flood elevation data have been provided as set forth
in Section 1315. 06 A.,BASIS FOR ESTABLISHING THE AREAS
OF SPECIAL FLOOD HAZARD, or Section 1315.07 D.2.,Use
of Other Base Flood Elevation and Floodway Data, the
following provisions are required:
Residential Construction -New construction and
substantial improvement of any residential structure
shall have the lowest floor, including basement,
elevated to a minimum Of one and one-half feet (1.5') above the base flood elevation.
2) 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 a minimum
of one and one-half feet (1. 5')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
b) have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and,
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.
Such certification shall be provided to the official as set forth in Section 1315. 07 A.3..
3) Accessory Structures -An exemption to the elevation or dry floodproofing granted standards may be for accessory structures e.g.,sheds,
detached garages) containing 576 square feet or less in gross floor area. Such structures must meet the encroachment provisions of Section
1315. 08- B.2., and the following additional-' standards:
they shall not be used for human habitation;
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;
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d) they shall be firmly anchored to prevent
C) service facilities such as electrical and
heating equipment shall be elevated or
4) Manufactured Homes -The following standards shall
apply to all new and substantially improved
manufactured homes not subject to the manufactured
home requirements of Section 3733.01, Ohio Revised
a) Manufactured homes shall be anchored in
accordance with Section 1315. 08 A. 1.( b):
b) Manufactured homes shall be elevated on a
permanent foundation such that the lowest
floor of the manufactured home a minimum of
one and one-half feet (1.5')above the base
5) Enclosures Below Base Flood Elevation -The
following provisions apply to all new and
substantially-improved residential and
nonresidential structures which are elevated to or
above base flood elevation using pilings, columns,
or posts or which contain a crawl space. These
structures may enclose the area below the base
flood elevation provided the following conditions
a) Fully enclosed areas below the base flood
elevation 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
1) be certified by a registered
professional engineer or architect; or,
2) must meet or exceed the following
a minimum of two openings
having a total net area of
not less than one square inch
for every square foot of
enclosed area shall be
the bottom of all openings
shall be no higher than one
foot above grade; and,
openings may be equipped with
screens, louvers, or other
coverings or devices provided
that they permit the automatic
entry and exit of floodwaters.
b) Any enclosure which meets these criteria
shall be considered as having met the
requirements of Section Anchoring. 1315. 07 A.1.,
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The Flood Insurance Study referenced in
Section 1315. 05 identifies a segment within areas of
special flood hazard known as a floodway. Floodways may also be delineated in other sources of flood information
as specified in Section 1315. 07 D.2..The floodway
is an extremely hazardous area due to velocity of flood
waters which carry debris, potential projectiles, and
erosion potential. The following provisions apply
within all delineated floodway areas:
1) Prohibit encroachments, including fill, new
construction, substantial improvements, and
other development unless a technical evaluation
demonstrates that encroachments shall not
result in any increase in flood levels during the
occurrence of the base flood discharge.
2) If Section 1315. 08 C».1., is satisfied, all construction, new substantial improvements shall
comply with all applicable flood hazard
reduction provisions of Section 1315. 08
PROVISIONS FOR FLOOD 11AZARD REDUCTION.
That existing Sections 1313. 01 through 1313. 03 and 1315. 01 through 1315. 04 of the Code of Ordinances
of the Village of Granville, Ohio, are hereby repealed.
That the Flood Damage Prevention Regulations herein set forth will be in effect October 10, 1988.
That this ordinance shall take effect and be in force from and after the earliest date allowed by law.
Clerk of Council
Approved as to form: