§ 5-10. Flood hazard (FL) district.

5-10.1 Intent and where permitted. This district (hereafter referred to as FL) is created to establish a plan implementation zone that:

•

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

•

Preserve drainage courses that will be adequate to carry storm water runoff from existing and future land developments by (a) prohibiting any structures that would restrict or alter the free flow of flood waters, and (b) prohibiting land fills, junk yards, dumps, outdoor storage of materials, or other obstructions to the flow of flood waters, except those included in the permitted uses listed below.

•

Preserve natural conditions that will (a) allow sufficient absorption to maintain an adequate subsurface water level, and (b) filter sediment from adjacent development.

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

The limits of the flood hazard (FL) district are hereby determined to be areas subject to frequent periodic flooding and delineated as alluvial soils by the Soil Conservation Service, U.S. Department of Agriculture.

5-10.2 Permitted uses by right.

A.

The following uses shall be permitted subject to requirements and limitations of this ordinance:

1.

Agriculture, including forestry and livestock raising, requiring no structures within the flood plain except structures for temporary shelter, and including agricultural and forestry access roads.

2.

Dams provided they are constructed in accordance with specifications of the USDA Soil Conservation Service or the U.S. Army Corps of Engineers or the city.

3.

Fences that provide no material obstruction to the free flow of water.

4.

Outdoor advertising signs.

5.

Parking areas.

6.

Roads, provided adequate capacity for the free flow of flood waters is provided by means of culverts or bridges, with designs approved by the city or the state highway department, and further that in no case will a culvert be located at an elevation higher than the level of the original stream bed.

7.

Public, semi-public, private and commercial recreation uses requiring no structures within the flood plain except structures for temporary shelter.

8.

Greenspace or yards.

9.

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

5-10.3 Procedures for correcting an error in the FL zoning district.

A.

If a property owner can demonstrate to the satisfaction of the planning and zoning committee 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 and zoning committee may recommend correction of the flood hazard district boundary line in question accordingly.

B.

The planning and zoning committee and the property owner involved must seek the advice and assistance of the Soil Conservation Service of the Department of Agriculture or the U.S. Army Corps of Engineers or other competent technical advisor.

5-10.4 City liability.

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 city 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 a 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 flood waters and represent the most realistic flood plain, infrequent floods 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 city or by an official or employee thereof that lands outside of such districts are not also subject to flooding.