(A) The Floodplain District, as shown on the zoning map, designates lands within the town which are likely to be flooded once every 100 years and have been designated by the Federal Insurance Administrator as having special flood hazards as provided by the Flood Disaster Protection Act of 1973.
(1993 Code, Title II, Art. 3, § 2.3)
(B) (1) Any open use of land, including agricultural and recreational uses, shall be permitted in the Floodplain District. Any structure used for residential (excepting mobile homes), commercial, industrial, public, or semi-public purposes, any structure incidental to any agricultural or recreational use, and any major repairs to an existing structure may be permitted by the town’s Board of Zoning Appeals in the Floodplain District only in accordance with the following special permit procedure.
(2) The special permit procedure includes:
(a) Upon receipt of an application for a special permit by the property owner, the Clerk-Treasurer shall set a date for a hearing, notify the applicant, and notify any person or governmental unit having a probable interest in the proposal. The Clerk-Treasurer shall also notify the state’s Natural Resources Commission; and
(b) The Board of Zoning Appeals may then, after hearing according to law, grant the special permit only after it has considered the recommendation of the state’s Natural Resources Commission and only if conditions, restrictions, and requirements are imposed on the use to assure that the use, construction, or major repair:
1. Uses construction materials and utility equipment that are resistant to flood damage;
2. Uses construction practices and methods that will minimize flood damage;
3. Is designed (or modified) and anchored to prevent floatation, collapse, or lateral movement of the structure; and
4. Avoids impairment of, or contamination from, on-site waste disposal systems during flooding.
(1993 Code, Title II, Art. 3, § 2.4)