(A) Permitted uses.
(1) Open spaces shall be permitted within the FP Flood Plain District provided they do not require structures, landfill or storage of materials or equipment. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system;
(2) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting;
(3) Industrial commercial uses such as loading areas, parking areas, and airport landing strips;
(4) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.
(B) Uses permitted on review. No permit shall be issued for the construction of any building or structure including railroads, streets, buildings and utility lines or for any use within the FP Flood Plain District until plans for construction have been submitted to the Planning Commission and approval is given in writing after the other provisions of this subchapter have been fulfilled. In its review of plans submitted, the Zoning Commission shall be guided by the following standards, keeping in mind that the purpose of the district is to prevent encroachment into the floodway which will unduly increase flood levels and endanger life and property:
(1) Any structures or filling of land permitted shall be of a type not appreciably damaged by floodwaters;
(2) Any use permitted shall be in harmony with and not detrimental to the uses permitted in the adjoining district;
(3) Any permitted structures or the filling of land shall be designed, constructed and placed on the lot so as to offer the minimum obstruction to and effect upon the flow of water;
(4) Any structure, equipment or material permitted shall be firmly anchored to prevent it from floating away and thus damaging other structures and threatening to restrict bridge openings and other restricted sections of the streams;
(5) The storage or processing of materials that are in time of flood, buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited;
(6) Any structure shall be constructed on fill so that the first floor is above the regulatory flood protection elevation. The fill, which shall include the access to the structure from a public street, shall have an elevation no less than one foot below the regulatory flood protection elevation for the particular area, and the fill shall extend no less than ten feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with this provision impractical, or in other special circumstances, the Zoning Commission may authorize other techniques for elevation;
(7) Any structure may, in special circumstance, be protected by other flood proofing measures to a point at or above the regulatory flood protection elevation;
(8) Where in the opinion of the Zoning Commission topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure or fill and/or the effect of the structure or fill on the flow of water, the Zoning Commission may require the applicant to submit such data;
(9) The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind by the Zoning Commission or by any officer or employee thereof, or the practicality or safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.
(Prior Code, § 16-4-22)
Statutory reference:
Related provisions, see SDCL Chapter 11-4, § 9-12-13