(A) Purpose. This overlay district is designed to identify those areas which are subject to flooding and to ensure the safety of the general public. This district shall be identified by the letters “FP” as a prefix to the underlying district zoning classification.
(B) Use regulations.
(1) In this district no land shall be used except for one or more of the following uses to the extent that they are not prohibited by other regulations or ordinances and provided that such uses do not require aboveground structures, filling or storage of equipment, except as herein specifically authorized:
(a) Agricultural activities, including the ordinary cultivation of land or legal forms of animal husbandry;
(b) Electrical substation;
(c) All types of local utilities, including but not limited to water distribution and waste water collection systems, water and waste water treatment facilities and water quality monitoring stations or other structures required to provide water and sewerage, telephone, gas and electrical service;
(d) Parks, community center, playgrounds, public golf courses;
(e) Private commercial open area amusements such as golf courses, driving ranges and similar uses when approved by special use zoning action;
(f) Facilities that would warrant no flood protection, such as accessory private open space in conjunction with commercial or residential development, community unit recreational areas or recreation developments;
(g) Parking areas associated with a part of contiguous land use.
(2) No building or structure shall be erected in that portion of a district designated with a flood plan “FP” prefix other than those listed in this section.
(3) There shall be no dumping, excavation, storage or filling operations within that portion of a district having a flood plain “FP” prefix designation except under conditions of this chapter.
(C) Establishment of a Flood Plain District.
(1) The Flood Plain District shall include all areas subject to inundation by flood water of the 25-year frequency.
(2) The Flood Plain District designated on the Official Zoning District Map of the City of Mount Pleasant shall be deemed an overlay on any zoning district now or hereafter applicable to any lot. Should the Flood Plain District be declared inapplicable to any tract by reason of the action of:
(a) The City Council in amending these sections; or
(b) Any court of competent jurisdiction interpreting the same or determining the legal effect of the same, then the zoning applicable to such lot shall be deemed to be in the district in which it is located without consideration of these sections.
(3) The source of this delineation shall be the most recent Flood Hazard Boundary Map or Flood Insurance Rate Map, as the case may be, issued separately or as part of detailed studies by or on behalf of the U.S. Department of Housing and Urban Development - Flood Insurance Administration. The City Council and the Planning and Zoning Commission shall have the authority to approve these studies and the City Council may designate other areas as a Flood Plain District.
(D) Municipal liability. The granting of a zoning permit in the Flood Plain District shall not constitute a representation, guarantee or warranty of any kind by the city or by any official or employee thereof of the practicability or safety of the proposed use. The issuance of the zoning permit shall create no liability upon the city, its officials or employees.
(`87 Code, Zoning Ordinance, Art. II, § 14)
Cross-reference:
Flood damage prevention, see Ch. 152