(A)   Permitted uses. The following uses are permitted within the Floodplain District without a permit provided that they are allowed in any underlying zoning district and not prohibited by any other ordinance; and provided that they do not require structures, fill, obstructions, excavations, drilling operations, storage of materials or equipment or any other form of development as defined in § 154.02(G) of this chapter. If the use does require any other form of development, a permit and compliance with division (B) of this section is required. The permit requirement may be waived if there is an application for a public waters work permit from the Department of Natural Resources.
      (1)   Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. Farm fences that do not obstruct flood flows are permitted.
      (2)   Outdoor plant nurseries and horticulture.
      (3)   Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, hunting and fishing areas, and single or multiple purpose recreational trails.
      (4)   Lawns, gardens, parking areas, and play areas.
      (5)   Railroads, roads, bridges, utility transmission lines, pipelines and other public utilities, provided that the Department of Natural Resources is notified at least ten days prior to issuance of any permit.
   (B)   Standards for permitted uses.
      (1)   The use must have low flood damage potential.
      (2)   The use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. This provision applies to structures (temporary or permanent), fill (including fill for roads and levees), deposits, obstructions, storage of materials or equipment, and all other uses.
      (3)   Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
      (4)   Public utilities, roads, railroad tracks and bridges to be located within the floodplain must be designed in accordance with divisions (B)(2) and (3) of this section, or must obtain a Conditional Letter of Map Revision meeting the requirements of 44 CFR 603(d).
         (a)   When failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, such facilities must be elevated to the regulatory flood protection elevation.
         (b)   Where failure or interruption of service would not endanger public health or safety, minor or auxiliary roads, railroads or utilities may be constructed at a lower elevation.
      (5)   New or replacement water supply systems and sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(Ord. 155-2019, passed - -19)