(A) 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 Flood Plain District until plans for construction have been submitted to the Board of Adjustment and approval is given in writing after the other provisions of this subchapter have been fulfilled.
(B) In its review of plans submitted, the Board of Adjustment 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 levels and endanger life and property.
(1) Any structures or filling of land permitted shall be of a type not appreciably damaged by flood waters.
(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 affect upon the flow of water.
(4) The storage or processing of materials that are, in times of flooding, buoyant, flammable, explosive, or injurious to human, animal, or plant life is prohibited.
(5) Any structure shall be constructed on fill so that the first floor is at least one foot 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 Board of Adjustment may authorize other techniques for elevation.
(6) Any structure may, in special circumstances, be protected by other flood-proofing measures to a point at or above the regulatory flood protection elevation.
(7) Where, in the opinion of the Board of Adjustment, 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 Board of Adjustment may require the applicant to submit such data.
(8) The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind by the Board of Adjustment or by any officer or employee 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.
(9) In the event an existing structure is damaged beyond 50% of its replacement value, repairs to and or replacement of the existing structure shall meet the provisions of this zoning district.
(Ord. passed - - 2006)