Explanation
BACKGROUND:
As part of the City of Columbus' participation in the Federal National Flood Insurance Program, the Ohio Department of Natural Resources, as the agency selected by the federal government to assist in the review and implementation of the National Flood Insurance Program at a local level in Ohio, periodically reviews local codes for compliance with federal requirements for continued participation in the National Flood Insurance Program.
The Ohio Department of Natural Resources has completed a post-passage review of the most recent changes code changes that were timed to coincide with the completion of the Franklinton Floodwall. As a result of that review, two further minor changes were requested.
These changes codify the date the final Flood Insurance Rate Map for Franklin County became effective, March 16, 2004, and makes it clear that under certain circumstances, a federal review is always required for activity that would occur in a floodway that also result in a potential increase in flood levels.
The Columbus Development Commission, at it monthly public meeting held on November 18, 2004, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To amend Sections 3305.01, 3385.04 and 3385.08 of the Columbus Zoning Code, Title 33, dealing specifically with minor changes requested by the Ohio Department of Natural Resources as part of the City of Columbus' participation in the National Flood Insurance Program.
Body
WHEREAS, as part of the City of Columbus' participation in the Federal National Flood Insurance Program, the Ohio Department of Natural Resources, as the agency selected by the federal government to assist in the review and implementation of the National Flood Insurance Program at a local level in Ohio, periodically reviews local codes for compliance with federal requirements for continued participation in the National Flood Insurance Program; and
WHEREAS, the Ohio Department of Natural Resources has completed a post-passage review of the most recent changes code changes that were timed to coincide with the completion of the Franklinton Floodwall. As a result of that review, two further minor changes were requested; and
WHEREAS, these changes codify the date the final Flood Insurance Rate Map for Franklin County became effective, March 16, 2004, and make it clear that under certain circumstances, a federal review is always required for activity that would occur in a floodway that also result in a potential increase in flood levels; and
WHEREAS, the Columbus Development Commission, at it monthly public meeting held on November 18, 2004, has reviewed this proposed ordinance and subsequently has recommended its approval and submission to City Council for consideration; now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the existing Section 3305.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3305.01 Certificate of zoning clearance.
A certificate of zoning clearance is required and shall be obtained from the Director prior to the construction or alteration of any building or structure; the establishment, change, or modification in the use of any building, structure or land; or the grading, excavating or filling of land.
Further, no person shall maintain or permit the continuation of any use unless and until a certificate of zoning clearance has first been issued for said use.
The Director will issue a certificate after determining that the application is in conformity with the provisions of this Zoning Code or as permitted by variance, special permit or decision from an appeal. The Director shall have the authority to determine what districts an unnamed use is of similar enough character and nature to warrant inclusion in.
Unless otherwise required by this Zoning Code no certificate shall be required for interior remodeling of buildings or structures which is not intended to cause a change in the intensity of the use of the buildings or structures.
However, a certificate of zoning clearance shall always be required prior to development or placement of a use in a special flood hazard area the floodplain or the construction or alteration of any building or structure in or proposed for a special flood hazard area the floodplain regardless of size or use.
Section 2. That the existing Section 3385.04 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3385.04 Basis for establishing the Special Flood Hazard Areas.
The Special Flood Hazard Areas have been identified by the Federal Emergency Management Agency in scientific and engineering reports entitled "Flood Insurance Study, Franklin County, Ohio and Incorporated Areas", dated March 16, 2004 April 21,1999, "Flood Insurance Study", Delaware County, Ohio, and Incorporated Areas" dated April 21, 1999, and the "Flood Insurance Study, Fairfield County, Ohio" dated April 17, 1996. These studies, or successor studies, with accompanying Flood Boundary and Floodway Maps and/or Flood Insurance Rate Maps (FIRM), and any revisions thereto are hereby adopted by reference and declared to be part of the Columbus City Codes. These Flood Insurance Studies are on file with the Department of Development and are available for public inspection.
Section 3. That the existing Section 3385.08 of the Columbus City Codes, 1959, is hereby amended to read as follows:
A. Any activity, development, and/or uses specified in C.C. Section 3385.07 shall comply with all applicable flood hazard reduction provisions of the Columbus City Codes, and also shall be designed to:
1. Have low flood damage potential;
2. Be located as far to the outside of the floodway as possible;
3. Be aligned so as to minimize its potential as a floodway obstruction;
4. Minimize the barrier effect of items such as fences and walls; and
5. Minimize disturbance to the terrain.
B. A person seeking to do any activity, development, or initiate a use specified in C.C. Section 3385.07 that would not result in an increase in base flood elevations during the occurrence of the base flood discharge shall first submit the following minimum documentation for review and approval before a Certificate of Zoning Clearance is issued:
1. A plan detailing the activity, development, and/or use, which shall receive approval by the respective city department staff reviewer, and
2. A hydrologic and hydraulic analysis performed by a certified or registered professional engineer in accordance with standard engineering practices demonstrating that an increase in base flood elevations during the occurrence of the base flood discharge would not result.
C. A person seeking to do any activity, development, and/or use specified in C.C. Section 3385.07 that would result in an increase in base flood elevations during the occurrence of the base flood discharge shall first submit the following minimum documentation for review and approval before a Certificate of Zoning Clearance is issued:
1. Documentation that the activity, development, and/or use, has been approved by the Federal Emergency Management Agency when required. Such requests and associated documentation shall also be submitted to the Director. All requests shall be submitted in the manner prescribed by the Federal Emergency Management Agency and shall meet requirements of the National Flood Insurance Program;
2. A hydrologic and hydraulic analysis performed by a certified or registered professional engineer in accordance with standard engineering practices demonstrating what increase in base flood elevations during the occurrence of the base flood discharge would result;
3. An evaluation of alternatives which would not result in increased base flood elevations and an explanation why these alternatives are not feasible and a certification that no structures are located in areas which would be impacted by the increased base flood elevation.
Section 4. That this ordinance shall take effect and be in force from and after the earliest period provided by law.