The Flood Plain 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 flood plain 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 Flood Plain 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 Flood Plain District shall apply.

(A) Permitted uses.  None.

(B) Conditional uses.  The following uses are permitted in a Flood Plain 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.

(3) Outdoor advertising subject to provisions of §§ 152.205 through 152.211 of this chapter.
 
(4) Temporary uses subject to §§ 152.135 through 152.151 of this chapter.

(5) Storage yards for agricultural and/or industrial supplies or equipment not subject to major damage by flood waters.

(6) Any other uses customarily accessory or incidental to the above uses.

(1) The erection of any structure for residential purposes is prohibited.

(2) No use or structure shall be permitted in a Flood Plain 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.

(1) A development plan shall be prepared by the applicant and submitted to the Planning Commission for review and approval. Provisions of §§ 152.135 through 152.151 of this chapter pertaining to development plans shall be followed.

(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) of this section.

(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.

(Ord. 920.27, passed 10-7-93)  Penalty, see § 152.999

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