This zone is created to protect the public health and to reduce the financial burdens imposed on the community, its governmental units and its individuals which may result from improper use of lands having excessively high water tables or which are subject to frequent and periodic floods and overflow. The boundaries of this zone have been recommended by the State Water Resources and Flood Control Commission. The following regulations shall apply in the Flood Plain Zone:
(A) Permitted uses. The following uses are permitted so long as the use does not require the erection of a structure intended for year-round occupancy, fences excepted.
(1) General agricultural operations, including crop or tree farming and truck gardening, but not including:
(a) The disposal of garbage.
(b) A use or activity engaged in within 300 feet of a residential or business structure, if that use or activity results in unreasonable and continuous odor or dust. In the event that use is conducted within 300 feet of a residential or business zone boundary, no right shall be acquired to continue the use within 300 feet of a residential or business structure thereafter erected in the zone.
(2) Forestry.
(3) Public parks, playgrounds, recreational areas, and private recreational developments, so long as a structure intended for regular occupancy is not erected.
(4) Public utilities.
(B) Uses prohibited. All uses other than those permitted above are prohibited.
(C) In the event that it can be clearly demonstrated that any such lands are not subject to flooding, that those lands are adequately drained, and that the water table elevation will permit successful utilization of the land, a petition shall be presented for rezoning as provided in IC 36-7-4-607 through 36-7-4-614, and all Acts amendatory and supplemental thereto, in order to permit appropriate utilization of the land.
(Ord. 2281, passed 4-2-79) Penalty, see § 152.99