(A) No development or part thereof shall be approved if proposed levees, fills, structures or other features will individually or collectively significantly increase flood flows, heights, or damages.
(B) Building sites for residences, motels, resorts or other dwelling or accommodation uses shall not be permitted in floodway areas. Sites for these uses may be permitted outside the floodway if the sites are elevated or filled to a height of at least 18 inches above the elevation of the regulatory flood or if other provisions are made for elevating or adapting structures to achieve the same result. Required fill areas must extend ten feet beyond the limits of intended structures and, if the development is not to be sewered, must include areas for onsite waste disposal.
(C) Building sites for structures not included in division (B) above shall similarly not be permitted in floodway areas. Such sites located outside the floodway shall ordinarily be protected as provided in this subchapter. However, the Commission may allow development for commercial and industrial use at a lower elevation if the developer protects the areas to a height of 18 inches above the regulatory flood protection elevation by levees, seawalls, channel modifications, or other protective techniques, or if the developer assures that uses will be protected through structural floodproofing, flood-warning systems or other techniques specified in this subchapter.
(D) If the Commission determines that only part of a proposed plat can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
(E) When the developer does not intend to develop the plat himself and the Commission determines that additional use controls are required to ensure safe development, it may require the developer to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat.
(Ord. 353, passed 7-10-2013)