The purpose of the Floodplain Overlay Zone is to guide development in the floodway fringe areas of any watercourse that floods, and to minimize public and private losses due to flooding in specific areas. Uses permitted and conditional uses that are authorized in this zone are generally associated with open space, recreational and agricultural land uses and shall not hinder the movement of floodwaters. The FP Zone is superimposed over other zones. (Ord. 2017-3, 6-28-2017)

All uses that are permitted in the Agricultural and Recreational Zones are permitted with the exception that the property owner obtain a floodplain development permit as required in title 12 of this Code. Uses permitted in the commercial, industrial, and residential zones with which the FP Zone is combined must be approved by the Planning and Zoning Commission under the conditional use permit procedure and deemed appropriate to be located within the floodway fringe. (Ord. 2017-3, 6-28-2017)

When authorized under the procedure provided for conditional uses in this title, the following uses will be permitted in a Floodplain Overlay Zone:

   A.   Structures used in carrying out permitted activities will go through the floodplain development permitting process as outlined in title 12 of this Code.

   B.   Other structures used in carrying out permitted activities provided such structures will not be subject to substantial flood damage and will not increase flood related damages on other lands. These may include structures which can be readily removed from flood hazard areas during periods of high water.

   C.   Conditions that may be required by the Planning and Zoning Commission in approving the use of structures in a Floodplain Overlay Zone shall include:

      1.   Limitations on periods of use and operation;

      2.   Imposition of deed restrictions;

      3.   Locations and arrangement of structures within the floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge;

      4.   Requirement for construction of channel modifications, dikes, levees and other protective measures;

      5.   Placement of survey bench markers; and

      6.   Floodproofing measures designed to be consistent with the flood protection elevation for a particular area:

         a.   Anchorage to resist flotation, collapse and lateral movement;

         b.   Installation of watertight doors, bulkheads and shutters;

         c.   Reinforcement of walls to resist water pressures;

         d.   Use of paints, membranes or mortars to reduce seepage of water through walls;

         e.   Addition of mass or weight to structures to resist flotation;

         f.   Installation of pumps to lower water levels in structures;

         g.   Construction of onsite water supply and waste treatment systems to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters;

         h.   Pumping facilities for subsurface external foundation wall and basement flood pressures;

         i.   Construction to resist rupture or collapse caused by water pressure or floating debris;

         j.   Cutoff valves on sewage lines or the elimination of gravity flow basement drains; and

         k.   Onsite waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. (Ord. 2017-3, 6-28-2017)

Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property if transported by floodwaters are prohibited. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning. (Ord. 2017-3, 6-28-2017)

   A.   Cumulative Effects: The evaluation of the effect on a proposed use in the floodway and floodway fringe areas causing increases in flood heights is based not just on the effect of the single use acting alone but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the cumulative effects of all such encroachments must be considered by the Planning and Zoning Commission in making any decision.

   B.   Construction Materials: Construction materials which resist damage caused by flooding shall be used in that portion of a structure subjected to flooding. (Ord. 2017-3, 6-28-2017)

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature of the County Governing Body or the Planning and Zoning Commission 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 of action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 2017-3, 6-28-2017)

Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific zone located within the Floodplain Overlay Zone area. (Ord. 2017-3, 6-28-2017)

PA570   8-17.txt