§ 154.020 PURPOSE.

   It is the purpose of the Floodplain District to apply special regulations to the use of land in those areas of the town which are subject to predictable inundations at frequent intervals. This District is superimposed over the other established districts.

(Ord. 1995-12, passed 7-6-95)

§ 154.021 USE REGULATIONS.

   (A)   All land lying within the floodplain of the one hundred-year frequency flood of Blank Place and Some Ditch and their tributary streams in Kouts is subject to these regulations, in addition to the regulations otherwise established by this subchapter. When the proposed use is allowable hereunder in any other Zoning District, the following uses and types of activities are permitted in the designated floodplain:

      (1)   Residential, educational and institutional buildings, only if they have a minimum floor elevation of not less than two feet above the 100 year flood level, as established by the Department of Natural Resources;

      (2)   Outdoor recreational uses;

      (3)   Public rights-of-way, private drives and parking lots;

      (4)   Commercial buildings in the “C” Districts where the minimum floor elevation is not less than two feet above the 100-year flood level;

      (5)   Any structure, filling, excavating or any change in the natural grade of any property requires a permit and shall not be detrimental to other properties or the characteristics of the floodplain.

   (B)   Where topographic data, engineering studies or other studies are requested by the Town of Kouts to determine the effects of flooding on a structure or the effects of the structure on the flow of water, the applicant shall submit such data or studies.

(Ord. 1995-12, passed 7-6-95)

OPEN SPACE DISTRICT

§ 154.035 PURPOSE.

   The purpose of this zoning district is to prevent scattered, indiscriminate urban development within areas which are predominately vacant and which presently do not demonstrate any significant potential for development. Large areas of vacant land can be preserved for future development according to economic and physical needs.

(Ord. 1995-12, passed 7-6-95)

§ 154.036 USE REGULATIONS.

   (A)   A building may be erected, altered or used, and a lot may be used for any of the following purposes and no other:

      (1)   Single-family detached dwelling and dwellings for tenants primarily employed on the farm;

      (2)   Farms and farm buildings, provided no building in which dairy animals or poultry are housed shall be located within the 300 feet of any existing adjacent residence on abutting property or existing residential subdivisions;

      (3)   Signs as set forth in §§ 154.265 et seq.;

      (4)   Supplementary district regulations as set forth in §§ 154.245 et seq.;

      (5)   Special exceptions as set forth in this chapter;

      (6)   The following uses may be allowed by special exception:

         (a)   Cemeteries;

         (b)   Gun clubs, skeet or target ranges;

         (c)   Municipal facilities and public utilities;

         (d)   Nurseries (plant materials);

         (e)   Parks and playgrounds (public);

         (f)   Riding academies or stables; and

         (g)   Transient amusement enterprises.

   (B)   In the exercise of its approval of the uses enumerated, the Commission may impose such conditions regarding the location, character of development and other reasonable requirements deemed necessary to safeguard the community interest and general welfare.

(Ord. 1995-12, passed 7-6-95)