The Floodplain District is an exceptional area for which special regulations have been developed. This District is composed of lands that are subject to being flooded, and the special regulations have the purpose of preventing development in the floodplain of buildings and structures that will increase flood heights and damage and preventing excessive property damage and loss of life in areas of greatest flood hazard. The Floodplain District regulations shall be established in addition to the zoning district classification and regulations which this District overlays. The permitted and conditional uses, dimensional information, and other requirements of the underlying zone as provided in this chapter shall apply. Where there are conflicts which may arise between the procedures and requirements set forth in this chapter, it is intended that the provisions set forth in the Floodplain District shall apply.
(A) Permitted uses. There are no permitted uses in this District.
(B) Conditional uses. The following uses are permitted in a Floodplain District, subject to the restrictions, limitations, and procedures set forth in this section and in other provisions of this chapter:
(1) Agricultural uses not involving the commercial slaughtering of animals or other operations producing obnoxious odors or noises;
(2) Open-type recreational facilities, either public or private;
(5) Storage yards for agricultural and/or industrial supplies or equipment not subject to major damage by flood waters; and
(6) Any other uses customarily accessory or incidental to the above uses.
(C) Restrictions and limitations in floodplains.
(1) The erection of any structure for residential purposes is prohibited.
(2) No use or structure shall be permitted in a Floodplain District that restricts, impedes, or diverts the natural flow of water in the area.
(3) There shall be no filling of land or excavation of land unless and until a certificate shall be issued by the City Engineer or an equivalent official, and approved by the Planning Commission that such filling or excavation does not alter the natural flow of water.
(D) Procedure for development. No building, structure, use, or improvement shall be undertaken in a Floodplain District without the prior approval of the Planning Commission nor without a conditional use permit issued by the Board of Adjustment.
(2) In reviewing the submitted plan of development, the Planning Commission shall be guided by the following standards.
(a) Permitted uses shall be of the type not subject to major damage by floods as set forth in division (B) above.
(b) Structures shall be placed on the lot so as to offer minimal obstruction to the flow of water.
(c) Structures shall be firmly anchored to prevent floating away during floods.
(d) Topographic data, hydrological data, engineering studies, or other special studies may be necessary to determine the effects of flooding on a proposed structure or the effect on the floodway of the structure, and the Planning Commission may require that such studies by prepared by competent engineers or other professionals.
(e) The granting of approval shall not be construed to imply that the action of the City Council, Planning Commission, or any of their offices or agencies is a representation, guarantee, or warranty of any kind of the practicality or safety of any structure or plan proposed, and shall create no liability upon or a cause of action against those public bodies, or officers or employees for any damage that may result pursuant thereto.
(E) Written recommendation. The Board of Adjustment shall secure a written recommendation from the Planning Commission setting necessary standards and conditions for the proper operation of the proposed use or structure before issuing the conditional use permit.
(Prior Code, § 152.105) (Ord. 920.27, passed 10-7-1993) Penalty, see § 152.999