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Lake City City Zoning Code

ARTICLE V

- DISTRICT REGULATIONS

Sec. 38-123.- District design requirements.

DISTRICT DESIGN REQUIREMENTS

District
Criteria A R-1 R-2 R-3 OIA N-B CBD H-B L-I SI
Minimum lot area 15,000 15,000 7,500 6,000 None ** 5,000 10,000 15,000 15,000
Minimum lot width 100 100 60 50 None ** 50 75 75 100
Front major thoroughfare * 35 35 35 35 20 35 65†† 30 40
Front all other streets 25 25 25 25 10 25 30 20 30
Side 10 10 10 10 None *** 0 or 10† 10 0 or 10† 10
Rear 15 15 15 10 20 25 25 25 25
Maximum height 45 35 35 35 50 45 45 60 60
Minimum open space 60% 40% 40% 30% None 20% 40% 20% 40%
Off-street parking Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Off-street loading No No No No Yes Yes No Yes Yes Yes

 

* Measured from property line.

** Except as may be required for specific development types elsewhere in this chapter.

*** Except on lots adjacent to any residential district, where there shall be a setback on the side abutting residential use of not less than the minimum required for the adjacent residential district.

Depending upon adjacent district; see article V of chapter 38.

†† Measured from centerline of street.

Sec. 38-124. - A (Agricultural) Zone.

The following regulations shall apply in the Agricultural Zone:

(1)

Intent. The A Zone is designed to provide for agriculture, horticulture, animal husbandry, forestry, conservation and buildings incidental to these purposes.

(2)

Permitted uses. Within the A Zone, the following uses shall be permitted:

a.

Single-family residence.

b.

Buildings incidental to agriculture, dairying, ranching, animal husbandry.

c.

Buildings incidental to forestry.

d.

Farming, conservation, cultivation, crop production, agricultural management.

e.

Raising of livestock and poultry.

f.

The following public and semi-public uses:

1.

Cemeteries.

2.

Churches.

3.

Public and private schools.

4.

Municipal facilities.

5.

Public utility structures.

(Code 1983, § 22-9.1; Ord. of 3-21-1971, art. IX, § 1)

Sec. 38-125. - R-1 (Low Density Residential) Zone.

The following regulations shall apply in the R-1 Zone:

(1)

Intent. The R-1 Zone provides for low density residential neighborhoods by prohibiting multifamily dwellings, commercial and industrial use of land and any other uses which would interfere with the development or compatibility of single-family residential dwellings.

(2)

Permitted uses. The following uses shall be permitted in the R-1 Zone:

a.

Single-family residence, except mobile homes.

b.

Noncommercial greenhouse.

c.

Any form of horticulture or agriculture, except no livestock or poultry shall be raised.

d.

Guest house, provided such shall be permitted only on a lot having an area of not less than 15,000 square feet; shall be permitted in a rear yard only; shall be not less than ten feet from any lot line; and that not more than one such structure shall be permitted on any lot.

e.

The following public and semi-public uses:

1.

Cemeteries.

2.

Public and private schools and municipal facilities.

3.

Parks, playgrounds and golf courses, except commercial recreation facilities shall not be permitted.

4.

Churches, provided they are not closer than 50 feet to any property line which required off-street parking separated from property lines by a buffer strip.

f.

Accessory building.

g.

Static electrical transformer stations and gas regulator stations if essential for the service of the immediate area and subject to the following conditions:

1.

Such uses shall be enclosed within a woven wire or solid fence.

2.

Suitably landscaped.

3.

The storage of vehicles and/or equipment on the premises shall be prohibited.

h.

Family day care home.

(3)

Permitted uses subject to approval of the zoning board of adjustment. In R-1 Districts, uses permitted subject to the approval of the zoning board of adjustment shall be as follows: Home occupations, as defined in section 38-3, subject to the following conditions:

a.

The profession shall be carried on wholly within the principal building.

b.

No more than one person shall be employed.

c.

There shall be no change to the exterior of the building, and a new entrance to serve the home occupation is prohibited.

d.

There shall be no exterior display, or storage of material that would alter the residential character of the principal building.

e.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

f.

The profession shall not occupy more than 25 percent of the floor area of the dwelling unit.

(Code 1983, § 22-9.2; Ord. of 3-21-1971, art. IX, § 2; Ord. No. 1997.143; Ord. No. 2001.216)

Sec. 38-126. - R-2 (Medium Density Residential) Zone.

The following regulations shall apply in the R-2 Zone:

(1)

Intent. The R-2 Zone provides for moderate density residential neighborhoods protected from incompatible uses of land.

(2)

Permitted uses. Within the R-2 Zone, the following uses shall be permitted:

a.

All uses permitted in the R-1 Zone.

b.

Duplex or two-family residence.

c.

Townhouses, subject to the provisions of section 38-74.

d.

Fraternal organizations, subject to the same provisions as a church.

(3)

Uses subject to approval of the zoning board of adjustment. In medium density residential zones, uses permitted subject to the approval of the zoning board of adjustment shall be as follows:

a.

Roominghouses, boardinghouses, or lodginghouses.

b.

Nursery schools or kindergartens, subject to the following conditions:

1.

At least 100 square feet of outdoor play area is provided for each child.

2.

The outdoor play area shall be enclosed by a fence having a minimum height of four feet.

3.

The principal building and yard area shall meet all district requirements.

(Code 1983, § 22-9.3; Ord. of 3-21-1971, art. IX, § 3; Ord. No. 2001.216)

Sec. 38-127. - R-3 (High Density Residential) Zone.

The following regulations shall apply in the R-3 Zone:

(1)

Intent. The purpose of the R-3 Zone is to provide for high density residential neighborhoods protected from incompatible uses of land.

(2)

Permitted uses. Within the R-3 Zone, the following uses shall be permitted:

a.

Any use permitted in the R-2 Zone, subject to the provisions of that zone.

b.

Townhouses, subject to the provisions of section 38-74.

c.

Mobile homes, subject to the provisions of article I, chapter 36.

d.

Multifamily dwellings, subject to the provision of section 38-73.

(3)

Uses subject to the approval of zoning board of adjustment. In high density residential zones, uses permitted subject to the approval of the zoning board of adjustment shall be as follows:

a.

All uses subject to the approval of the zoning board of adjustment in R-2 Zones.

b.

Mortuary, provided that funeral processions shall be assembled off of the street.

(Code 1983, § 22-9.4; Ord. of 3-21-1971, art. IX, § 2; Ord. No. 2001.216)

Sec. 38-128. - N-B (Neighborhood Business) Zone.

The following regulations shall apply in the N-B (Neighborhood Business) Zone.

(1)

Intent. The N-B Zone is designed to provide for a limited range of retail and service activities. The regulations of this district are designed to encourage the development of neighborhood shopping areas offering both goods and products at retail, and furnishing selected services.

(2)

Permitted uses. Within the N-B Zone, the following uses shall be permitted:

a.

Offices and studios.

b.

Office buildings, medical and dental clinics.

c.

Drug store, florist shop, gift shop, antique shop.

d.

Branch banks, savings and loan associations.

e.

Nursing home, convalescent home or similar enterprise.

f.

Service station.

g.

Restaurants, but not including drive-in restaurants.

h.

Grocery, curb, fruit or produce market.

i.

Bakery, delicatessen, confectionery store.

j.

Dry cleaning, laundry, receiving stations, laundromat.

k.

Barber shop, beauty salon, or similar establishment.

l.

Mortuary, provided that funeral processions are formed off of the street.

m.

Veterinary clinics or animal hospitals, provided that all housing of animals is within the clinical building in a manner that eliminates any objectionable noise or odor to adjacent properties, and further that no animal hospital and dog runs shall be constructed within 50 feet of any existing residence.

(3)

Limitations on development. Within the N-B Zone, the uses are subject to the following development limitations:

a.

Buffer devices. When a neighborhood business zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height.

b.

Uses to be included. All uses except off-street parking and loading areas shall be located entirely within a completely enclosed structure.

c.

Size of structure. No individual establishment shall exceed 30,000 square feet of gross floor area.

d.

Traffic control. Lot or driveway entrances and exits shall meet the standards of the state highway department.

e.

Parking. Off-street parking and loading areas shall be paved, designated, and arranged in a manner which will prevent vehicles from backing into the street.

(Code 1983, § 22-9.5; Ord. of 3-21-1971, art. IX, § 5)

Sec. 38-129. - CBD (Central Business District) Zone.

The following regulations shall apply in the CBD (Central Business District) Zone:

(1)

Intent. The CBD Zone is designed to provide for the central and most intense functions of economic activity in the city. Activities are not generally oriented to serving residential areas in the same manner as less intensive combinations of retail and service uses. It is intended to keep this district centrally located and compact so that maximum convenience is afforded both the users and occupants of the CBD Zone.

(2)

Permitted uses. Within the CBD Zone, the following uses shall be permitted:

a.

Restaurants, except drive-in restaurants.

b.

Offices, financial institutions, including drive-in loan companies.

c.

Transportation terminal facilities, except truck terminals.

d.

Commercial parking lots and parking garages.

e.

Printing, publishing and similar activities.

f.

Retail sales and services.

g.

Wholesaling and warehousing as inside uses.

h.

Motels and hotels, apartments and condominiums.

i.

Fraternal organizations and lodges.

j.

Clinics and institutions, including those of a religious, eleemosynary, educational and philanthropic nature.

k.

Commercial recreation as indoor use.

l.

Utility and communications services.

m.

Fast food restaurants to include drive-in restaurants.

n.

Launderettes where individual laundry or dry cleaning equipment is rented for use by the consumer on site including coin-operated machines.

o.

Retail establishments, such as department, clothing, shoes, variety, drug, furniture, notion, hardware, appliance, jewelry, music, art, antique, gift, sporting goods, toy, hobby, book, and stationery stores.

p.

Automotive service or filling stations. Gasoline pumps or other appliances shall be located at least ten feet behind (or from) property line; that the storage merchandise and repair or other similar activities connected with such use shall be conducted entirely within the structure; and that all bulk fuels shall be stored underground.

(Code 1983, § 22-9.6; Ord. of 3-21-1971, art. IX, § 6; Ord. No. 1991.029; Ord. No. 1992.056; Ord. No. 2012.378, 1-8-2013)

Sec. 38-130. - H-B (Highway Business) Zone.

The following regulations shall apply in the H-B (Highway Business) Zone:

(1)

Intent. The H-B Zone is designed to serve the automobile, its passengers, and highway users, rather than individuals who use an automobile as a convenience to perform necessary daily and weekly retail buying for personal needs. The zone is intended to be restricted to major arteries which may also have other business zones on them.

(2)

Permitted uses. Within the H-B Zone, the following uses shall be permitted:

a.

Motels, and tourist homes.

b.

Retail automotive, sales, services, and repairs.

c.

Drive-in restaurants and other places catering food and beverages.

d.

Drive-in theaters.

e.

Commercial parking lots and garages.

f.

Transportation terminal facilities.

g.

Public utility transformer stations.

h.

Warehousing with less than 10,000 square feet of inside storage.

i.

Manufacturing and fabrication as inside uses which occupy no more than 1,000 square feet of floor area.

j.

Service stations.

k.

Retail shops and stores.

l.

Commercial recreational facilities.

(3)

Limitations on development. Within the H-B Zone, the uses are subject to the following development limitations:

a.

Buffer devices. When a highway business zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height.

b.

Traffic control. Lot or driveway entrances and exits shall meet the standards of the state highway department.

c.

Contiguous lots. Establishments on contiguous lots are encouraged to consolidate entrance and exit points.

(Code 1983, § 22-9.7; Ord. of 3-21-1971, art. IX, § 7; Ord. No. 2002.230, 9-10-2002)

Sec. 38-131. - OIA (Office-Institutional-Apartment) Zone.

The following regulations shall apply in the OIA (Office-Institutional-Apartment) Zone:

(1)

Intent. The OIA Zone is designed to provide for business, office, specified public, semi-public and moderate-to-high density residential purposes. The regulations that apply within this district are designed to encourage the formation and continuance of a quiet, compatible and uncongested environment for office-type business or professional firms intermingled with dwellings and certain public or semi-public uses; and to discourage any encroachment by unrestricted retail and/or wholesale business establishments, industrial concerns, or other uses capable of adversely affecting the specialized commercial and housing character of the district.

(2)

Permitted uses. Within the OIA Zone, the following uses shall be permitted:

a.

Ambulance.

b.

Convalescent homes.

c.

Hospitals.

d.

Nursing homes.

e.

Prescription centers.

f.

Business involving the rendering of a personal or business service, limited to:

1.

Advertising agency, duplicating or letter service.

2.

Barber shops, beauty shops or combinations thereof.

3.

Business or vocational school or college.

4.

Dry cleaners and laundries, pickup station.

5.

Funeral home or mortuary (but not crematorium).

6.

Insurance agency.

7.

Medical, dental or chiropractic office, clinic and/or laboratory.

8.

Office building and office for governmental, business, professional, research, or general purpose, but not including any storage, sale, rental or servicing of goods on the premises.

9.

Photographic studio.

10.

Radio and/or television studio, but not transmission towers.

11.

Real estate agency.

12.

School offering instruction in art, music, dancing, drama, or similar cultural activity.

13.

Secretarial and/or telephone answering service.

14.

Orthopedic and prosthetic laboratory for the fitting and construction of braces and limbs. Parking requirements must be the same as those for medical or dental laboratories.

g.

Single-family dwellings, in accordance with section 38-126.

h.

Duplexes, in accordance with section 38-126.

i.

Multifamily dwellings, under the regulations set forth in section 38-73.

j.

Boardinghouse or roominghouse or tourist home.

k.

Nursing home, convalescent or rest home.

l.

Private or semi-private club, lodge, union hall or social center.

m.

Elementary, junior or senior level school offering instruction equivalent to the standards prescribed for public schools in the state by the state board of education.

n.

Church, synagogue or other place of worship.

o.

Any publicly owned and operated building, facility or land, provided that no trucks, vehicles or equipment are stored overnight on the premises, except at fire stations.

p.

Nursery or pre-school establishment, provided that the business is licensed as may be required by law.

q.

Public utility substation or sub-installation, provided that:

1.

Such use is enclosed by a chainlink or painted wooden fence or wall at least six feet in height above finish grade;

2.

There is no storage of vehicles or equipment on the premises;

3.

A landscaped strip at least 50 feet in width is planted and suitably maintained along any boundary line adjoining residential property.

r.

Townhouses, in compliance with the provisions of section 38-74.

s.

Drug store, cigar and/or magazine shop, florist shop, gift shop, and restaurant (other than a drive-in), provided that:

1.

Such businesses are located and operated so as to serve primarily nearby offices, tourist homes, apartment buildings, and other permitted uses;

2.

No outside loud speaker systems are utilized;

3.

All lights or lighting arrangements used for purposes of advertising or night operations are directed from adjoining or nearby residential properties; and

4.

Parking and/or service areas are separated from adjoining residential properties by a visual barrier.

t.

Combination of residential structure of more than three stories with any use herein permitted, provided that the use:

1.

Serves primarily the occupants of the structure; and

2.

Utilizes no neon or directly lighted or freestanding sign.

u.

Accessory uses limited to the following:

1.

Structures and uses customarily incidental to and on the same lot with a permitted use.

2.

Customary home occupations conforming to the requirements of this article.

3.

Signs: Identification, occupancy, temporary, conforming to the requirements of this chapter.

4.

Temporary buildings.

(Code 1983, § 22-9.8; Ord. of 3-21-1971, art. IX, § 8)

Sec. 38-132. - L-I (Light Industrial) Zone.

The following regulations shall apply in the L-I (Light Industrial) Zone:

(1)

Intent. The L-I Zone is designed to provide for industrial use, warehousing, and wholesaling activities which are larger users of space than commercial users, and uses that do not overburden the available streets, sanitary and other public services.

(2)

Permitted uses. Within the L-I Zone, the following uses shall be permitted:

a.

All uses permitted in an H-B Zone.

b.

Warehousing.

c.

Wholesale activities except gasoline bulk storage.

d.

Laboratories.

e.

Farm equipment sales and service.

f.

Storage and lumber yards except junk yards.

g.

Industrial uses engaged in manufacturing, and use of machinery and equipment, which do not create excessive smoke, light, fumes, noise, vibrations, heat or odor.

(3)

Limitations on development. Within the L-I Zone, the uses are subject to the following development limitations:

a.

Buffer devices. When a light industrial zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height.

b.

Traffic control. Lot and driveway entrances and exits shall meet the standards of the state highway department.

c.

Parking. Off-street parking and loading areas shall be designated and arranged in a manner which will provide for proper circulation and traffic flow on the site and contiguous streets. The planning and zoning commission shall approve the parking and loading plan before any permit may be issued.

(Code 1983, § 22-9.9; Ord. of 3-21-1971, art. IX, § 9)

Sec. 38-133. - S-I (Suburban Industrial) Zone.

The following regulations shall apply in the S-I (Suburban Industrial) Zone:

(1)

Intent. The S-I Zone is designed to provide for the continued use and development of land for industrial purposes and to preserve land with industrial potential for industrial uses.

(2)

Permitted uses. Within the S-I Zone, the following uses shall be permitted:

a.

Warehousing.

b.

Wholesale activities.

c.

Laboratories.

d.

Storage and lumber yards and land-fill sites.

e.

Cold storage plants.

f.

Airports.

g.

Transmission towers; communication towers.

h.

Agriculture.

i.

Industrial uses utilizing hand labor or unobjectionable machinery or processes which are free from excessive smoke, light, fumes, noise, vibrations, heat or odor.

(3)

Uses subject to approval of the zoning board of adjustment. In S-I Zones, uses permitted subject to the approval of the zoning board of adjustment shall be as follows:

a.

Automobile wrecking or junkyards subject to the following conditions:

1.

The tract of land shall not be less than two acres in area.

2.

There shall be located along the property lines a densely planted buffer device at least five feet in depth and sufficiently high to screen the view of the rear from adjoining properties as well as the traveling public, or an impervious material fence shall be erected at least eight feet in height.

b.

Storage, sorting, collecting, or baling of waste materials such as rags, paper, metal, or junk.

c.

Any use which, by nature of operation or character, is deemed by the building official as objectionable, hazardous, or incompatible with the intent of this zone.

(4)

Limitations on development. Within the S-I Zone, the uses are subject to the following development limitations:

a.

Buffer devices. When a suburban industrial zone abuts a residential zone, there shall be located along the full length of such abutting line a densely planted buffer strip at least ten feet in depth or an impervious material fence shall be erected at least six feet in height.

b.

Traffic control. Lot and driveway entrances and exits shall meet the standards of the state highway department.

c.

Off-street parking and loading areas shall be designed and arranged in a manner which will provide for proper circulation and traffic flow on the site and contiguous streets. The planning and zoning commission shall approve the parking and loading plans before any permit may be issued.

(Code 1983, § 22-9.10; Ord. of 3-21-1971, art. IX, § 10; Ord. No. 2002.230, 9-10-2002)

Sec. 38-134. - FH Flood Hazard District.

(a)

Flood Hazard Districts include:

(1)

Floodplains;

(2)

Areas of shallow flooding;

(3)

Areas of special flood hazard; and

(4)

Floodways.

(b)

The development of these areas, where shown on flood hazard boundary maps, issued by the Federal Emergency Management Agency (FEMA) for the county, and the municipalities of Florence, Scranton, Timmonsville, Johnsonville, Quinby, and Olanta, may not occur where alternative locations exist due to the inherent hazards and risks involved. Before a building permit is issued, the applicant shall demonstrate on the plan submitted with the zoning compliance application that new structures cannot be located out of the floodplain and the encroachments onto the floodplain are minimized. Where there is no alternative to a location in a Flood Hazard District, proposed development shall be regulated by the provisions set out in sections 38-135 through 38-137.

(Ord. No. 2004.250, § 2.7, 8-10-2004)

Sec. 38-135. - General development standards.

(a)

New construction and substantial improvements of existing structures shall be anchored to prevent floatation, collapse, or lateral movement of the structure.

(b)

New construction and changes of existing structures below the minimum first floor elevation shall be constructed with materials and utility equipment resistant to flood damage.

(c)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage.

(d)

All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(e)

Manufactured homes shall be anchored to prevent floatation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(f)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(g)

New and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(h)

On-site waste disposal systems shall be located and constructed to avoid impairment of contamination during flooding.

(i)

Any alteration, repair, reconstruction, or improvement to a structure which is not in compliance with the provisions of this article shall be undertaken only if non-conformity is not furthered, extended, or replaced.

(Ord. No. 2004.250, § 2.7-1, 8-10-2004)

Sec. 38-136. - Specific development standards.

In all areas of special flood hazard where base flood elevation data are available, the following shall be required:

(1)

Residential construction.

a.

New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor elevated no lower than one foot above the base flood elevation. A pre-construction and post-construction flood elevation certificate shall be submitted. No basements are permitted. Should solid foundation perimeter walls be used to elevate a structure, creating a fully enclosed area, said enclosed area shall:

1.

Be designed to preclude permanent living space;

2.

Be useable solely for parking vehicles, building access, or storage; and

3.

Include openings sufficient to facilitate unimpeded movement of floodwaters and/or be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters.

b.

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

1.

Provide a minimum of two openings on different walls having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2.

The bottom or all openings shall be no higher than one foot above grade;

3.

Openings may be equipped with screens louvers, valves, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

4.

Fill placed around foundation walls must be graded so that the grade inside the enclosed area is equal to or higher than the adjacent grade outside the building on at least one side.

(2)

Nonresidential construction. New construction or substantial improvements to any commercial, industrial, or nonresidential structure shall have the lowest floor elevated no lower than one foot above the level of the base flood elevation. No basements are permitted. Structures located in A-Zones may be floodproofed in lieu of elevation, provided that all areas of the structure below the required elevation are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic loads and the effect of buoyancy. A registered, professional engineer or architect shall certify that the standards of this section are satisfied. Agricultural structures may be wet-floodproofed in accordance with Technical Bulletin 7-93, Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program, documented number FIA-TB-7.

(3)

Temporary development. All applicants of a temporary use must submit to the zoning administrator, prior to the issuance of a development permit, a written plan for the removal of any temporary use or structure in the event of a hurricane or flash flood warning notification. The plan shall be reviewed and approved in writing and must include the following information:

a.

A specified time for which the temporary use will be permitted;

b.

The name, address, and phone number of the individual responsible for the removal of said use;

c.

The timeframe prior to the event at which any structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification);

d.

A copy of a contract or other suitable instrument with a trucking company to insure the availability of removal equipment when needed;

e.

Designation, accompanied by documentation, of a location outside the floodplain to which said temporary structure will be moved; and

f.

A plan to restore the area to its natural condition once the temporary permit expires or the temporary use is terminated, whichever is first.

(4)

Accessory structures. An accessory structure, the cost of which is greater than $3,000.00, must comply with the elevated structure requirements of this article. When accessory structures of $3,000.00 or less are to be placed in the floodplain, such structure shall:

a.

Not be used for human habitation, including work, sleeping, living, cooking, or restroom areas; and

b.

Be designed to have low flood damage potential, be constructed and placed on the building site so as to offer minimum resistance to floodwaters, and be firmly anchored to prevent floatation, collapse, or lateral movement.

(5)

Floodways. The following provisions shall apply within floodways:

a.

No encroachments, including fill, new construction, substantial improvements, additions, or other developments shall be permitted unless it has been demonstrated through hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the flood levels during the occurrence of a base flood.

b.

Where no such increase is certified, new construction and substantial improvements may be permitted in compliance with the requirements of this article.

c.

Permissible uses exempt from such certification include general farming, pasture, outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm and other similar agricultural, wildlife, and related uses, lawns, gardens, play areas, picnic grounds, hiking and horseback riding trails, provided that they do not employ structures or fill.

(6)

Standards for streams and/or floodways without established base flood elevations. Development contiguous to small streams where no base flood data have been provided or where no floodways have been identified shall adhere to the following:

a.

No encroachments, including fill, new construction, substantial improvements or new development, shall be permitted within 100 feet of the stream bank unless certification with supporting technical data by a registered, professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of base flood discharge.

b.

Where no such increase is certified, new construction and substantial improvements may be allowed within such areas, provided all applicable provisions of this article are satisfied.

(7)

Standards for subdivision proposals.

a.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. An access road at or above the base flood elevation shall be provided to allow emergency access during flood conditions;

b.

All subdivision proposals shall have adequate drainage, provided to reduce exposure to flood hazards; and

c.

Base flood elevation data shall be provided for subdivision proposals and other proposed developments greater than the lesser of five lots or five acres.

(8)

Standards for areas of shallow flooding (AO Zones). Development within areas subject to shallow flooding in the AO Zone shall adhere to the general and specific development standards of this article.

(Ord. No. 2004.250, § 2.7-2, 8-10-2004)

Sec. 38-137. - Warning and disclaimer of liability.

The degree of flood protection required by this article is based on scientific and engineering considerations. However, larger floods can and will occur on rare occasions. Therefore, this article shall not create liability on the part of the participating governments of by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 2004.250, § 2.7-3, 8-10-2004)