(A) Intent and purpose.
(1) The purpose of the FP Floodplain Overlay District to restrict or prohibit uses which are dangerous to health, safety, and property due to floodwater inundation; to require that uses vulnerable to floods comply with certain development standards; and to control filling, grading, dredging, and other development which may increase erosion or flood damage.
(2) It is also the purpose of this district to comply with the rules and regulations of the National Flood Insurance Program as promulgated by the Federal Emergency Management Administration and the Federal Insurance Administration.
(B) Scope of provisions. This section contains the regulations for the FP Floodplain Overlay District of the village. Property zoned “FP” is also zoned under another applicable district established by this chapter or amendment thereto. The FP District constitutes an “overlay” district, and the other applicable zoning district constitutes the underlying zoning. This section controls in the case of any conflict between the regulations contained in this section and the regulations otherwise applicable to any property by virtue of its “underlying” zoning. All of the area within the FP District is the floodplain, as defined in this chapter, and is subject to all of the provisions of this section and said ordinance.
(C) Boundaries. The FP Overlay District boundaries shall be based on the flood boundary and floodway maps of the village prepared by the Federal Emergency Management Agency and dated August 4, 1987, and any official amendments thereto. The FP Overlay District within the extraterritorial jurisdiction of the village shall be based on the flood boundary and floodway maps of the county prepared by the Federal Emergency Management Agency and dated January 17, 1986, and any official amendments thereto.
(D) Permitted uses. Uses listed as permitted or special uses in the underlying district are allowed only if, and to the extent, such use meets the requirements of the underlying district and the regulations of the FP Floodplain Overlay District.
(E) Conditions of use. All permitted and special uses within the FP Floodplain Overlay District are subject to the following conditions of use.
(1) No person, firm, corporation, or governmental body not exempted by law shall commence any construction, substantial improvement, subdivision of land, or other development in the FP Floodplain Overlay District without first obtaining a development permit in accordance with the terms of this chapter.
(2) All public or private road surfaces shall be constructed above the base flood elevation, as defined in this chapter.
(3) No substantial improvement or addition to a building may take place unless the entire building is brought into compliance with the requirements of this chapter.
(4) No development shall occur in the floodway except the following uses:
(a) Bridges, culverts, roadways, walkways, railways, and any modification thereto, which are necessary for crossing the floodway;
(b) Floodproofing activities to protect existing structures including the construction of water-tight window wells, or construction of flood walls around residential, commercial, or industrial principal structures where the outside toe of the flood wall shall be no more than ten feet away from the exterior wall of the existing structure, which are not considered substantial improvements to the structure;
(c) Public flood control structures, dikes, dams, and other public works or private improvements relating to the control of drainage, flooding of existing structures, erosion, or water quality or habitat for fish, wildlife, and native vegetation;
(d) Storm and sanitary sewer outfalls; and
(e) Underground and overhead utilities.
(Ord. 834, passed 2-1-2001)