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Rapid City City Zoning Code

17.28 FH

Flood Hazard District

17.28.010 General description.

This district is established for those uses having a low flood damage potential, and not obstructing floodflows.

(Prior code Appendix A, Art. IV (§ 13 (A)))

17.28.020 Uses permitted without any structures.

Property in the FH flood hazard district shall be used only for the following purposes:

A. Outdoor plant nurseries;

B. Horticulture;

C. Viticulture;

D. Truck farming;

E. Forestry;

F. Sod farming;

G. Loading areas without structures;

H. Parking areas;

I. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wild life and nature preserves, game farms, fish hatcheries and fishing areas, hiking and horseback riding and bicycle trails; and

J. Residential uses limited to lawns, gardens, parking areas and play areas.

(Ord. 3068, 1993; prior code Appendix A, Art. IV (§ 13 (B)))

17.28.030 Conditional uses.

A. Any of the uses permitted in § 17.28.020 if structures are involved;

B. Circuses, carnivals and similar transient amusement enterprises;

C. Extraction of sand, gravel and other materials;

D. Marinas, boat rentals, docks, piers and wharves;

E. Railroads, streets, bridges, utility lines and pipelines;

F. Kennels and stables, providing they meet other zoning and animal control provisions;

G. Shooting preserves, target ranges, trap and skeet ranges and fishing areas;

H. Other uses similar in nature to uses described in this section and § 17.28.020 which are consistent with the provisions of the ordinance codified herein;

I. Fairgrounds owned and operated by governmental units or their agents; and

J. Recreational facilities leased from the city with an on-sale liquor establishment.

(Ord. 3760, 2001; Ord. 2962, 1992; prior code Appendix A, Art. IV (§ 13 (C)))

17.28.040 Standards for conditional use permits.

Prior to authorizing a conditional use under this chapter, the following criteria must be met in addition to the procedures set out in § 17.54.030:

A. All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or extraction of sand, gravel or other materials, or other use may be allowed as a special exception use which, acting alone or in combination with existing or future uses within the significant reach increases flood heights more than 1 foot. Consideration of the effects of a proposed use shall be based on a reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. In addition, all floodway special permit uses shall be subject to the standards contained in building codes, other zoning requirements and building requirements for the flood fringe building district.

B. Fill.

1. Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof not greater than is necessary to achieve that purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials.

2. The fill or other materials shall be protected against erosion by rip-rap, vegetative cover or bulkheading.

C. Structures (temporary or permanent).

1. Structures shall not be for human habitation.

2. The Council may require any or all of the following:

a. Structures of a low flood damage potential type construction;

b. That structure or structures, if permitted, be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters;

c. Whenever possible, structures to be constructed with the longitudinal axis parallel to the direction of floodflow;

d. So far as practicable, structures be placed approximately on the same floodflow lines as those of neighboring structures;

e. Structures be firmly anchored to prevent flotation which may result in damage to other structures, restriction of bridge openings and other narrow sections of the stream or river; and

f. Service facilities, such as electrical and heating equipment, be constructed at or above the regulatory flood protection elevation for the particular area, or floodproofed.

D. Applications to contain evacuation plans. All applications for a conditional use permit shall contain plans to provide for evacuation.

E. Legal description. If any special exception is granted under Chapters 17.10 through 17.48 of this code, a copy of the special exception shall give the exact legal description of the property and shall state that the property is located in a flood-prone area and shall contain a statement of the number of feet that the lowest nonfloodproof floor of the proposed structure will be below, the regulatory flood protection elevation and a statement that the actuarial flood insurance rates increase as the first floor elevation decreases and a copy of the document be recorded with the parcel or parcels of land covered by the special exception in the office of the register of deeds for the county in which the property is located and a copy of the special exception shall be filed with the office of the city’s Finance Officer for forwarding to the Federal Insurance Administrator in the city’s annual report.

(Ord. 6636, 2024; Ord. 3872, 2002; Ord. 3760, 2001; Ord. 3744, 2001; prior code Appendix A, Art. IV (§ 13 (D)))

17.28.050 Grant of encroachment–Limitations.

Any grant of encroachment by the city on 1 side of a stream shall not constitute a waiver to allow encroachment on the other side of the stream.

(Prior code Appendix A, Art. IV (§ 13 (E)))

17.28.060 Warning and disclaimer of liability.

The degree of flood protection required by the ordinance codified herein is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes such as ice jams and bridge openings restricted by debris. The ordinance codified herein does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. The ordinance codified herein shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance thereon or any administrative decision lawfully made thereunder.

(Prior code Appendix A, Art. IV (§ 13 (F)))

17.28.070 Camping prohibited.

There shall be no camping within the flood hazard district. This prohibition applies to all tent, trailer or recreational vehicle camping of any duration and at all times of the year.

(Ord. 3068, 1993)