(A) The boundary of an FP district may be changed if the state’s Natural Resources Commission, after investigating the land involved, determines that the requested change would not endanger the public welfare and the elevation of such land is at or above the elevation of the regulatory flood.
(2) Such determination shall be made in writing upon the request of the applicant, who shall provide the state’s Natural Resources Commission with a scale drawing identifying the location, dimensions and elevations related to the acceptable vertical datum.
(B) (1) If the land within the boundary of an FP district is certified by a registered land surveyor or registered professional engineer as having an elevation at or above the regulatory flood elevation as determined by the state’s Natural Resources Commission, then that area of land so certified will be removed from the FP designation and become zoned the same as are the adjacent areas on the zoning map. Should the adjacent areas contain more than one zoning district, then the line dividing those existing districts shall be extended through the land so removed from the FP district.
(2) Should an area certified as having a natural ground elevation at or above that of the regulatory flood be adjacent to no district other than FP district, that is, be surrounded by floodplain, then it will be designated A, Agriculture, until or unless the legislative body alters that designation by ordinance. However, in no case shall an area derive A zoning from its adjacency to land removed by certification from the FP district if the area also abuts another zoning classification; in such cases, it shall derive its zoning from said adjacent district.
(C) Buildings permitted on lands within 100 feet of the FP district shall be required to comply with the flood protection grade as established by the state’s Natural Resources Commission.
(D) All lands within the floodplain having an elevation below that elevation determined by the state’s Natural Resources Commission to be the regulatory flood elevation for that location shall be in the FP district.
(Ord. 2002-5, passed 7-2-2002)