(a) Purpose. The purpose of the Flood Plain Overlay (FPO) District is to:
(1) Regulate the permitted Use of flood-prone areas;
(2) Where there happens to be any conflict between the provisions or requirements of any of the Flood Plain Districts and those of any underlying district the more restrictive provisions and/or those pertaining to the Flood Plain Districts shall apply.
(3) In the event any provisions concerning a Flood Plain District is declared inapplicable, as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provision shall remain applicable.
(4) Require the utilization of appropriate construction practices and design standards in order to prevent or minimize flood damage in the future; and
(5) Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing the unwise use and development of property in areas subject to flooding.
(b) Authority. West Virginia Code Chapter 8A-7-2(b)(12) gives municipalities the authority to identify flood-prone areas subject to periodic flooding and regulate with specific control the permitted use, type of construction and height of floor levels above base flood elevation permitted in the area so as to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or flood waters.
1 Adopted April 8, 1982 and as amended by Ordnance Adopted June 29, 1988.
(c) Application. Except as modified by the overlay Zoning District, the provisions of the applicable base Zoning District shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay Zoning District regulations shall prevail. Whenever an overlay district is established, any subsequent application to change the base Zoning District shall not be construed to be an application to eliminate the overlay district for the property covered by the application. An intent to eliminate the overlay district on a given property shall be expressly stated to be part of the application.
(d) Flood Plain Ordinance. The City’s Flood Plain Ordinance, Ordinance 2009-06, is hereby incorporated by reference and establishes requirements for Flood Plain management including: general provisions, interpretations and definitions, establishes Flood Plain areas, boundary disputes, alternations, criteria for building and site plan approval, administration, appeals and penalties, government actions, and municipal liability.
(e) Boundaries of District.
(1) To the extent the City Flood Plain Ordinance as amended identifies areas prone to or otherwise at risk of flood, including without limitation by reference to a Flood Insurance Rate Map or FEMA Flood Insurance Study, such areas shall be deemed identified as flood-prone areas for purposes of this Ordinance and included within the FPO.
(2) Boundaries indicated as approximately following the center lines of Street or Alley rights-of-way shall be construed to follow such center lines;
(3) Boundaries indicated as parallel to, or extensions of features indicated in the above shall be so construed; and
(4) Where physical or cultural features existing on the ground are at variance with those shown on the Flood Insurance Rate Map, or in other circumstances not covered by the above, the City Engineer/Planning Director or designee shall interpret the FPO District boundaries.
(Ord. 2021-07. Passed 7-21-21.)