1.

The Flood Hazard district is established to promote public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1.1

Require that land uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

1.2

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

1.3

Control filling, grading, dredging and other development which may increase flood damage or erosion;

1.4

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

1.5

Control the alteration of natural floodplains, stream channel, and natural protective barriers which are involved in the accommodation of floodwaters.

2.

More specifically, this district is established to:

2.1

Protect human life and health;

2.2

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

2.3

Maintain a stable tax base by providing for sound use and development of flood prone areas in such a manner as to minimize flood blighted areas;

2.4

Minimize expenditure of public money for costly flood control projects;

2.5

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

2.6

Minimize prolonged business interruptions; and

2.7

Ensure that potential home buyers are notified that property is in a flood area.

2.8

The Georgia Erosion and Sedimentation Act restricts land disturbance and trimming of vegetation within 25 foot buffer adjacent to creeks, streams, rivers, saltwater marshes, and most lakes and ponds. Macon County has added a 25 foot buffer to this for any and all development in this area.

The Flood Hazard District boundary shall be coterminous with the areas of Special Flood Hazard as identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map with an effective date of June 4, 1996, and any subsequent revisions thereto. The Zoning Commission may also include those areas known to have flooded historically, or defined through standard engineering analysis by governmental agencies or private parties but which have not been incorporated in the Flood Insurance Rate Map.

1.

The Flood Hazard District is an overlay district applying to all other districts identified herein to the extent to which Special Flood Hazard areas identified by the Federal Emergency Management Agency in the Flood Insurance Rate Map overlap with other districts. The Flood Hazard District does not consist of permitted and conditional uses, but imposes additional standards of development on all permitted uses and conditional uses enumerated in all other districts. In reviewing plans for development in the Flood Hazard district the Zoning Commission shall be guided by the following standards:

1.1

Any structure or filling of land permitted shall be of a type not appreciably damaged by floodwaters,

1.2

Any structure or filling of land permitted shall be designed, constructed and placed on the lot so as to offer minimum obstruction to, and effect upon, the flow of water,

1.3

Any structure, equipment or material permitted shall be firmly anchored to prevent it from floating away, and thus damaging other structures and threatening to obstruct bridge openings and other restricted sections of the stream,

1.4

Where, in the opinion of the Zoning Commission, topographic data, engineering and other studies are needed to determine the effects of flooding on a proposed structure or fill and/or the effect of the structure or fill on the flow of water, the Zoning Commission may require the applicant to submit such data or other studies prepared by competent engineers or other technical personnel,

1.5

The granting of approval of any structure or land use in the Flood Hazard district shall not constitute a representation, guarantee or warranty of any kind or nature by Macon County or by any officer or employee thereof, of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

2.

Limitations on Development.

2.1

The following thresholds shall apply to development in the River Protection zone.

2.2

On parcels of public record of three acres or less as of the effective date of this ordinance, a maximum of one (1) acre may be developed.

2.3

The maximum developable area on parcels of public record as of the effective date of this ordinance which are greater than three acres and up to fifty (50) acres is 1.5 acres.

2.4

The maximum developable area on parcels of public record as of the effective date of this ordinance which are greater than fifty (50) acres is 3.0%, not to exceed ten (10) acres.

2.5

The Georgia Erosion and Sedimentation Act restricts land disturbance and trimming of vegetation within 25 foot buffer adjacent to creeks, streams, rivers, saltwater marshes, and most lakes and ponds. Macon County has added a 25 foot buffer to this for any and all development in this area.