Derby City Zoning Code
ARTICLE XV
Floodplain Management Controls
§ 195-107 General.
This article is adopted to protect the public health and safety and property values from floods and flood-related dangers.
§ 195-108 Floodplain zone boundaries.
The Floodplain Zone is a class of zone in addition to and overlapping one or more of the other zones. The Floodplain Zone is delineated on a map adopted by the Board of Aldermen of the City of Derby in conjunction with the Ordinance Concerning Floodplain Management, which map is entitled "Flood Insurance Rate Map, City of Derby, Connecticut, New Haven County," was prepared by the Federal Insurance Administration and shows the Floodplain Zone as consisting of all lands located within the natural stream channel of the Housatonic River and Naugatuck River as well as lands identified on said map as Zone A and Zone A-13. Said map is a part of these Zoning Regulations.
§ 195-109 Permit required; regulations in addition to underlying provisions.
The requirements of this article are in addition to the requirements of the underlying district or districts where located. In a Floodplain Zone, except as provided in § 195-110, Exemptions, no lot or land and no building or other structure shall be used, no building or other structure shall be erected, constructed, moved, altered, reconstructed, enlarged or extended and there shall be no man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation and drilling, until a zoning permit is issued or an application for special exception use or application for approval of site plan, if applicable, is approved in accordance with the standards and procedure specified in Articles V and VI.
§ 195-110 Exemptions.
The requirements of this article are not applicable to the following:
A.
Improvement, including repair or reconstruction, of existing buildings or other structures, when the total cost of such improvement is less than 50% of the market value of the building or structure before improvement is started or, if the building or structure has been damaged, before the damage occurred;
B.
Improvement, including repair or reconstruction, necessary to comply with existing state or city health, sanitary or safety codes and such improvement is solely necessary to assure safe living accommodations; or
C.
The improvement, including repair or reconstruction, if directly related to a structure listed on the National Register of Historic Places or any State of Connecticut Inventory of Historic Places.
§ 195-111 Standards and uses.
The proposed use, building or other structure or development shall conform to all the requirements of the district where located except that mobile homes, general hospital or nursing homes and buildings for public assembly are specifically prohibited. The proposed use, building or other structure or development shall conform to the standards and other requirements of the Ordinance Concerning Floodplain Management.
§ 195-112 Procedure.
A.
Application for a zoning permit or application for special exception use or site plan, where applicable, shall be prepared and submitted in a manner to satisfy the requirements of Sec. 25-17 or 25-18, shall show the boundaries of the Floodplain Zone and shall provide all information required by the Ordinance Concerning Floodplain Management, including identification of the water surface elevation of a flood having a one-percent chance of being equaled or exceeded in any given year.
B.
Any decision of approval of a zoning permit granted by the Zoning Officer or of an application for special exception use or site plan by the Commission shall be conditioned upon the applicant submitting evidence that a flood compliance permit has been issued in accordance with the Ordinance Concerning Floodplain Management.
C.
In granting a permit for construction of a building or other structure below the water surface elevation of a flood having a one-percent chance of being equaled or exceeded in any given year, the applicant shall be notified, in writing, that such variance will result in an increased premium rate for flood insurance up to amounts as high as $25 for $100 of insurance coverage and that such construction increases risk to life and property.