(A) An applicant for a conditional use permit authorizing a major subdivision and an applicant for minor subdivision final plat approval shall be informed by the Planning Department of the use and construction restrictions contained in this subchapter if any portion of the land to be subdivided lies within a floodway or floodplain.
(B) Final plat approval for any subdivision containing land that lies within a floodway or floodplain may not be given unless the plat:
(1) Shows the boundary of the floodway or floodplain; and
(2) Contains in clearly discernible print the following statement: “Use of land within a floodway or floodplain is substantially restricted by this subchapter and relevant sections of the State Building Code.”
(C) Subject to the following sentence, a conditional use permit for a major subdivision and final plat approval for any subdivision may not be given if:
(1) The land to be subdivided lies within a zone where residential uses are permissible and it reasonably appears that the subdivision is designed to create residential building lots; and
(2) Any portion of one or more of the proposed lots lies within a floodway or floodplain, and
(3) It is reasonable that one or more lots described divisions (C)(1) and (C)(2) above could not practicably be used as a residential building site because of the restrictions set forth in this subchapter.
(D) The foregoing provisions shall not apply if the developer demonstrates to the reasonable satisfaction of the authority issuing the permit or approving the final plat that the proposed lots are not intended for sale as residential building lots.
(Ord. passed 12-20-2001) Penalty, see § 152.999