(A) Applicability
(B) Exemptions
(1) All new residential construction and substantial residential improvements proposed on a parcel of land that has no buildable area outside the Special Flood Hazard Area or Future Conditions Flood Hazard Area, and that was platted prior to June 1978, shall be exempt from the requirements for residential construction set forth in this section, but shall be developed in strict accordance with the requirements for non-residential construction.
(2) Residential subdivision plats submitted for review prior to May 10, 2001, shall be exempted from the requirements prohibiting the platting of lands located within Special Flood Hazard Areas and Future Conditions Flood Hazard Areas, provided the subdivision complies with the requirements in place prior to May 10, 2001, and shall be developed in strict accordance with the requirements for non-residential construction.
(3) Development plans submitted prior to May 10, 2001, and all new residential construction or substantial residential improvements proposed on a platted lot that is located within the Special Flood Hazard Area or Future Conditions Flood Hazard Area, but was not so located at the time it was platted, shall be exempt from the requirement to obtain a special use permit for filling in the flood fringe portion of the Special Flood Hazard Area or the Future Conditions Flood Hazard Area but shall submit a floodplain development permit application and shall be developed in strict accordance with the requirements for non-residential construction.
(4) Development plans or plats submitted after May 10, 2001, may not plat residential lots within Special Flood Hazard Areas or Future Conditions Flood Hazard Areas unless one of the following is true:
(a) The residential subdivision is within an approved Planned Development District and the master plan and/or conditions have exempted lots from this provision; or
(b) The Zoning Board of Adjustment finds, after an evidentiary hearing, that all the following conditions are met:
1. The Special Flood Hazard Area or Future Conditions Flood Hazard Area impacts a limited section of the subdivision (i.e., less than ten percent (10%) of the total land area of the subdivision);
2. There is no other reason for the formation of a homeowner's association to retain ownership and maintenance responsibility for the Special Flood Hazard Area or Future Conditions Flood Hazard Area (e.g., covenant, other common areas); and
3. The Special Flood Hazard Area or Future Conditions Flood Hazard Area is placed in a permanent maintenance easement prior to plat recordation.
(C) Study Required
Residential development that contains a watercourse that has a contributory drainage area of fifty (50) acres or greater shall require the applicant to provide a signed and sealed engineered study prepared by a qualified professional that determines the extent of the Special Flood Hazard Area.