§ 156.038 OVERLAY ZONES; FP, FLOODPLAIN DISTRICT.
   (A)   Intent. It is the purpose of this section to address areas which, due to the unique characteristics of geography, transportation, neighborhood character, or other factors, demonstrate a need to provide for rules and regulations over and above those of the underlying zoning district. The rules and regulations established by the overlay zone shall be applied in addition to any other applicable regulations established by this chapter.
   (B)   FP, floodplain overlay zone. All land lying within the regulated floodplains in the town as indicated on the most recent Flood Insurance Rate Map (FIRM) established by the Federal Emergency Management Agency (FEMA) shall comply with this division. When the proposed use is allowed by the underlying zoning district the following restrictions shall apply.
      (1)   All uses and activity shall comply with this chapter and Chapter 155, Subdivision Control.
      (2)   All uses and activity shall comply with Chapter 153, Flood Damage Prevention.
      (3)   In the event of a conflict in language between this chapter or Chapter 155 and Chapter 153, the language in Chapter 153 shall prevail.
      (4)   Any structure, filling, excavating, or any change in the natural grade of any property in an FP district requires a permit, and shall not be detrimental to other properties or the characteristics of the floodplain.
      (5)   Where topographic data, engineering studies, or other studies are requested by the town to determine the effects of flooding on a structure or the effects of the structure on the flow of water, the applicant shall submit the data or studies and shall be solely responsible for all costs incident thereto.
(Ord. 23, §§ 2.30.10 and 2.30.20, passed 3-19-1997) Penalty, see § 156.999