1193.03 LAND NOT SUITED FOR DEVELOPMENT.
   (a)   General Provisions. If the Planning Commission, upon recommendation of the City Engineer, finds that land proposed for subdivision development is unsuitable due to flooding, poor drainage, topography, landslip potential, inadequate public facilities, or other condition that may be detrimental to the general health, safety or welfare of the public, and if it is determined that the land should not be developed for the purpose proposed, the Planning Commission shall not approve such subdivision unless adequate methods are proposed by the Owner/Developer for alleviating the problems that would be created by development of the land, subject to the approval of the City Engineer.
   (b)   Land Subject to Flooding. The subdivision of lands within areas subject to flooding shall be subject to the standards and regulations of Chapter 1329 of the Codified Ordinances, and shall, in addition, be subject to the following requirements:
      (1)   No subdivision or part thereof shall be approved if the proposed subdivision development will, individually or collectively, significantly increase flood flows, heights or damages.
      (2)   No subdivision, or part thereof, shall be approved which would substantially affect the storage capacity of the flood plain.
      (3)   Buildings or structures shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites or structures are elevated to such height that the lowest floor of the structure is least one (1) foot above the 100-year base flood elevation, as established by the Federal Emergency Management Agency (FEMA), and/or other authorized agency, in a flood study or report approved by the City. Required fill areas must extend a minimum of fifteen (15) feet beyond the limits of the structure(s) or required improvement(s).
      (4)   When the Planning Commission determines that only part of a proposed plat can be developed in compliance with these requirements, it shall limit development to only that portion.
      (5)   The Planning Commission may attach other reasonable conditions as is appropriate to the approval of plats within areas subject to flooding. Such conditions may include, but are not limited to, requirement for the construction of dikes, levees or other similar measures, or flood proofing of structures, as recommended by the City Engineer.
         (Ord. 27-11. Passed 3-14-11.)