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Harrisville City Zoning Code

11.19 Sensitive

Lands Overlay

11.19.010 Purpose

The Sensitive Lands Overlay (SL) District is provided and formulated to protect the public health, safety and welfare of the existing and future citizens of the city, to provide and allow for a reasonable and viable use for all privately owned lands identified as sensitive lands, and to recognize those lands that possess an inherent environmental value for the city.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998

11.19.020 Applicability

  1. The Harrisville City Sensitive Lands Overlay (SL) District is an unmapped zoning district on the Harrisville City Zoning Districts Map. The Sensitive Lands Overlay (SL) District applies to all lands within the corporate boundaries of Harrisville City that are determined to be sensitive lands as identified by this chapter.
  2. These areas are identified as:
    1. Floodplains. All areas within a 100 year floodplain (as mapped for the Federal Flood Insurance program).
    2. Wetlands. All areas identified as wetlands by the U.S. Army Corps of Engineers. If any lands, structure, lot, or other parcel of land is found to lie within the Sensitive Lands Overlay (SL) District such lands, structure, lot, or parcel shall meet all requirements of this chapter as set forth.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998

11.19.030 Development Requirements

  1. Floodplains.
    1. All development, structures, buildings or impervious surfaces commenced or installed after the effective date of this chapter shall be required to comply with all requirements for construction in a floodplain as required by a Federal of State agency, and the requirements of the Uniform Building Code for construction within a floodplain.
    2. For the purposes of calculating density applicable to Floodplain areas, a maximum density of twenty percent (20%) of the underlying zone is permitted.
  2. Wetlands.
    1. All development, structures, buildings or impervious surfaces commenced or installed after the effective date of this Chapter shall be as allowed and required by the U.S. Army Corps of Engineers.
    2. For the purposes of calculating density applicable to wetland areas, as determined by the U.S. Army Corps of Engineers, no density is applicable to any wetland areas.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998

11.19.040 Relationship To Underlying District

With the exception of allowed density and the requirements for construction in a floodplain all requirements of the underlying district shall apply to the Sensitive Lands Overlay (SL) District.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998

11.19.050 Non-Conforming Uses, Buildings And Structures

Any uses, buildings and structures which were lawfully established prior to the effective date of this chapter may be maintained and continued by meeting the provisions for nonconforming uses, buildings and structures as established herein.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998

11.19.060 Constitutional Taking Issues

Any owner of real property who claims there has been a constitutional taking of private real property by the enactment of this chapter shall be required to follow the procedures for review of constitutional taking issues, as established by Harrisville City Code.

HISTORY
Adopted by Ord. 255 on 11/26/1991
Amended by Ord. 323 on 7/17/1998