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CITY OF NORTF?L,MSTED <br />ORDINANCE N0. 79-109 <br />PAGE 4. <br />S. "Substantial im rovement" means any repair, reconstruction, or <br />improvement o a structuze, the cost of which eauals or exceeds <br />50 percent of the market value of the structure either (1) before <br />the improvement or repair is started, or (2) if the structure has <br />been damaged and is being restored, before the damage occurred. <br />For the purposes of this definition "substantial improvement" is <br />considered to occur when the first alteration of any wall, ceil.ing, <br />floor, or other structural part of the building commences, whether <br />or not that alteration affects the external dimensions of the <br />structure. The term does not, however, include either (1) any <br />project for improvement of a structure to comply with existing <br />state or local health, sanitary, or safety code snecifications <br />which are solely necessary to assure safe living conditions, or <br />(2) any alteration of a structure listed on the National Register <br />of Historic Places or a State Inventory of Historic Places. <br />T. "Variance" is a grant of relief to a person from the reauirements <br />of t is ordinance which permits construction in a manner that would <br />otherwise be prohibited by this ordinance. <br />SECTION 3: GENERAL PROVISIONS. <br />A. LANDS TO IVHICH THIS ORDINANCE APPLIF.S <br />This ordinance sha.ll apply to all areas of special flood hazards <br />within the jurisdiction of the City of North Olmsted. <br />B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS <br />The areas of special flood hazard have been identified by the Federal <br />Emergency Management Agency in a scientific and engineering renort entitled <br />"Flood Insurance Study for the City of North Olmsted. This study, with accompanying <br />Flood Boundary and Floodway Maps and Flood Insurance Rate Maps dated September 5, <br />1979, and any revisions thereto is hereby adopted by reference and declared to be <br />a part of this ordinance. The Flood Insurance Study is on file at North Olmsted <br />City Hall. <br />C. C0MPLIANCE <br />Unless specifically exempted from filing for a development nermit as <br />stated in Section 4 B, no structure or land shall hereafter be located, erected, <br />constructed, repaired, extended, converted, enlarged or altered without full <br />comnliance with the terms of this ordinance and all other anplicable regulations <br />which apply to uses within the jurisdiction of this ordinance. <br />D. ABROGATION AND GREATER RESTRICTIONS <br />This ordinance is not intended to reneal, abrogate, or impair any <br />exising easements, convenants, or deed restrictions. However, where this ordinance <br />and another ordinance, easement, convenant, or deed restriction conflict or overlay, <br />whichever imposes the more stringent restrictions shall prevail. <br />E. INTE?tPRETATION <br />In the interpretation and application of this ordinance, all provisions <br />shall be: <br />(1) considered as minimwn requirements; <br />(2) liberally construed in favor of the governing body; and, <br />(3) deemed neither to limit nor repeal any other powers granted <br />under State statutes. <br />F. WARNING AND DISCLAIMER OF LIABILITY <br />The degree of flood protection required by this Ordinance is considered <br />reasonable for regulatory purposes and is based on scientific and engineering <br />considerations. Larger floods can and will occur on rare occasions. Flood heights <br />may be increased by man-made or natural causes. This ordinance does not imply <br />that land outside the areas of special flood hazards or uses permitted within such <br />areas will be free from flooding or flood damages. This ordinance shall not create <br />liability on the part of the Ctiy of North Olsmted, any officer or employee thereof, <br />or the Federal Emergency TM4anagement Agency, for any flood dama.ges that result from <br />reliance on this ordinance or any administrative decision lawfully made thereunder.