The development (see § 156.002 of this code) of the flood hazard areas could result in the potential loss of life and property, extraordinary public expenditures for flood protection and relief. Since development of the areas is not essential to the orderly growth of the county, and since these lands are suitable structures or fill, the FP Floodplain District shall be developed in accordance with the following criteria promulgated by law.
(A) The Floodplain District (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration on the Flood Insurance Rate Map, dated September 4, 1987, along with any subsequent revisions to the text of the federal criteria or maps and adopted by reference and made a part of this chapter as if fully described herein, is established, and the boundaries thereof shall supercede the boundaries of any other district shown on the Zone Map. (See §§ 156.031 and 156.139 of this code.) The flood insurance study is on file at the office of the County Auditor. (See § 156.139 of this code.)
(B) The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Floodplain District to the extent that they are not prohibited or not otherwise controlled by other parts of this chapter, and provided they do not require structures, fill or storage of materials or equipment:
(1) Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards;
(2) Forestry, wildlife areas and nature preserves; and
(3) Parks and recreational uses, such as golf courses, driving ranges and play areas.
(C) All development (see § 156.002 of this code) applications located in the Floodplain District which are not permitted by rights as set forth in division (B) above, will require the review and approval by the Natural Resources Commission (see § 156.002 of this code) prior to the issuance of an improvement location permit. (See § 156.135 of this code.)
(D) The Zoning Inspector, during his or her review of improvement location permits, shall assure that all national flood insurance (NFIP) regulations (contained in 44 C.F.R. § 60.3(d)) and as specified on attachment A (section 10 review sheet for NFI Regulations) which is hereby made a part of this chapter pertaining to state and federal permits, subdivision review, building permit review, floodproofing nonresidential structures, manufacture home standards, utility construction, record keeping (including lowest flood elevations) and water course alteration and maintenance have been met.
(E) Larger floods can and will occur on rare occasions. Therefore, the requirements set forth in this subchapter pertaining to Floodplain Districts do not create any liability on the part of the county, the state’s Natural Resources Commission or the state for any damages that result from reliance on these requirements or any administrative decisions lawfully made thereunder.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 87-9-1, passed 9-11-1987; Ord. passed 1- -2004)