The limits of the flood hazard (FH) district is hereby determined to be areas subject to frequent periodic flooding and delineated alluvial soils by the soil conservation service, United States Department of Agriculture, and/or the county planning commission. Provisions of this district are superimposed on and become a part of each of the other districts.

(Ord. No. 80-100, § 16.1, 1-12-1999)

The intent of the regulations within this zoning district is to limit the use of such floodplain lands to:

(1)

Prevent flood damage. Prevent flood damage to persons and properties and minimize expenditures for flood relief programs, flood control, projects and flood damage repair.

(2)

Preserve drainage courses. Preserve drainage courses that will be adequate to carry stormwater runoff from existing and future land developments by doing the following:

a.

Prohibiting any structures that would restrict or alter the free flow of floodwaters; and

b.

Prohibiting land fills, junkyards, dumps, outdoor storage of materials or other obstructions to the flow of floodwaters;

except those included in the permitted uses listed in subsections (3) and (4) of this section.

(3)

Preserve natural conditions. Preserve natural conditions that will do the following:

a.

Allow sufficient absorption to maintain an adequate subsurface water level; and

b.

Filter sediment from adjacent or upstream developments.

(4)

Minimize danger. Minimize danger to public health by preserving natural drainage patterns and preventing stagnant or trapped water areas.

(Ord. No. 80-100, § 16.2, 1-12-1999)

Within the flood hazard district the following uses are permitted subject to the regulations of the original district on which the flood hazard district is superimposed:

(1)

Agriculture, including forestry and livestock raising requiring no structures within the floodplain, and including agricultural and forestry access road; provided that these roads would not restrict or alter the free flow of floodwaters.

(2)

Dams provided they are constructed in accordance with specifications of the U.S.D.A. Soil Conservation Service or the U.S. Army Corps of Engineers and the county.

(3)

Fences provided no material obstruction to the free flow of water, provided water gaps are allowed.

(4)

Outdoor advertising signs.

(5)

Parking areas, provided that there will be proper drainage of the parking area, that it does not obstruct the free flow of floodwaters, and meets the approval of the county.

(6)

Road, provided adequate capacity for the free flow of floodwaters is provided by means of culverts or bridges, with designs approved by the state department of transportation and/or the county, and further that in no case will a culvert be located at an elevation higher than the level of the original streambed.

(7)

Public, semiprivate, private, and commercial recreation uses requiring no structures within the floodplain.

(8)

Greenbelts or yards.

(9)

Public utility poles, towers, pipe lines, and sewage treatment outfalls.

(Ord. No. 80-100, § 16.3, 1-12-1999)

(a)

If a property owner can demonstrate to the satisfaction of the county planning commission and the county that an error has been made in establishing the flood hazard district boundary line and that his property or a designated portion of it that now lies in the flood hazard district is actually not subject to flooding, the planning commission and the county may recommend correction of the flood hazard district boundary line in question accordingly.

(b)

The county planning commission and the property owner involved may seek the advice and assistance of the soil conservation service of the department of agriculture or the U.S. Army Corps of Engineers on the flood hazard of a parcel of land in question.

(Ord. No. 80-100, § 16.4, 1-12-1999)

(a)

The granting of a building permit in any flood hazard district shall not constitute a representation, guarantee, or warranty of any kind by the county or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or cause of action against such public body, official or employee for any damage that may result pursuant thereto.

(b)

Although alluvial soils represent the areas most often inundated by waters and represent the most realistic floodplain, infrequent flood will exceed the limits of alluvial soils. The designation of flood hazard districts shall not constitute a representation, guarantee or warranty of any kind by the county or by an official or employee thereof that lands outside of such districts are not also subject to flooding.

(Ord. No. 80-100, § 16.5, 1-12-1999)