(A) Compliance Required
No development shall occur in the Flood Hazard Area, unless it complies with the procedures set forth in this section and the flood damage prevention standards set forth in Section 14.7 of this Ordinance. In general, no development is allowed in the Flood Hazard Area unless a special use is approved; the property/use is exempted from this requirement; or the development is for roads, greenways, pedestrian crossings, park-related equipment, or public utilities and facilities such as waste water, gas, electrical, and water systems that are located and constructed to minimize flood damage.
(B) Establishment of Floodplain Development Permit
A Floodplain Development Permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas determined in accordance with Section 14.7 of this ordinance.
The person undertaking such development shall file an application for a floodplain development permit with the Floodplain Administrator. The application shall be filed on a form prescribed by the Floodplain Administrator. The Floodplain Administrator shall review the application and shall issue the permit only if the proposed development conforms to the flood damage prevention standards set forth in Section 14.7 of this Ordinance.
(C) Additional Requirement for Non-Residential Structures Located within the Flood Hazard Area
No non-residential structure or related impervious surface shall be built, expanded, or located within the Flood Hazard Area until and unless the Zoning Board of Adjustment has approved a special use permit for such structure or surface under Section 3.8. The Board shall approve such a structure as part of the development plan only upon finding that, without this ability, the owner cannot make a reasonable use of his or her property. In other words, this restriction causes undue hardship. The Board may attach to the approval of the development plan such reasonable conditions as it deems necessary to safeguard the public health, safety, and welfare against any flood hazards that the proposed non-residential structure may present.