(a) Intent. A flood district as shown on the Zoning Map of Canton is established to meet the needsof the Pigeon River to carry abnormal flows of water in time of flood; to prevent encroachments into the district which will unduly increase flood heights and damage; and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard. Within the floodway district, the following provisions shall apply:
(b) Uses permitted. The following uses are permitted subject to approval of the Canton Planning Board and to the conditions as the Planning Board may specify to protect the public interest, and which do not conflict with uses permitted in adjoining districts.
(1) Open-type uses, such as loading and unloading areas, parking lots, used car lots, billboards, and gardens auxiliary to uses permitted in any adjoining district.
(2) Storage yards for equipment and material not subject to major damage by floods, and which would not float away; provided such use is auxiliary to uses permitted in an adjoining district and material do not include inflammables such as gasoline.
(3) Open-type public and private recreation facilities such as public parks, golf courses and driving ranges, drive-in theaters, fishing lakes, and boat docks.
(4) Circus, carnival, and similar transient amusement enterprises.
(5) Agricultural uses, including farming, grazing, and livestock raising.
(6) Utilities, road and railroad bridges, electric and other transmission lines, but not transformer stations.
(7) Any other uses customarily accessory or incidental to the above uses.
(c) Uses prohibited. The following uses are specifically prohibited in the floodway district.
(1) Structures designed for or utilized for human habitation.
(2) Structures which could be floated away and thus further restrict bridge openings and other restricted sections of the stream.
(3) Filling of land or dumping of debris.
(4) Storage of materials, such as logs, lumber, tanks, etc., which could be floated away and restrict bridge openings.
(5) Storage of toxic chemicals or inflammables such as gasoline.
(d) Special provisions. No permit shall be issued for the construction of any building or any use within the floodway district until the plans for the construction or use have been submitted to the Canton Planning Board and approval is given in writing for the construction or use. The Planning Board may make its approval subject to the conditions necessary to carry out the purpose of this district. In its review of plans submitted, the Planning Board shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights and endanger life and property.
(1) Any uses permitted shall be a type not appreciably damaged by flood waters.
(2) Any structures permitted shall be designed, constructed, and placed so as to offer the minimum obstruction to the flow of water.
(3) Where, in the opinion of the Planning Board, there is need for topographical data, engineering studies or other information to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Planning Board may require the applicant to submit such information.
(4) The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the Town of Canton or the Canton Planning Board, or by any officer or employee of either thereof, of 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.
(As Amended by Ord. of 6/24/21)