Chapter 18A.56
FH FLOOD HAZARD ZONING DISTRICT
Sections:
18A.56.040 Determination of areas subject to flooding.
18A.56.060 Limits of implication.
18A.56.010 Established.
A. A flood hazard district (FH) is established in the city. This district shall apply to those areas of the city which are subject to flooding. This district shall only apply to those areas where sufficient information is available to properly implement these regulations.
B. This district is an “overlay zone” which shall always apply in addition to any zoning district. Where regulations conflict the more stringent shall apply. (Ord. TLS 23-11-44B Att. A)
18A.56.020 Purpose.
It is the purpose of this chapter and this district to promote the public health, safety and general welfare and to minimize flood losses by provisions designed to:
A. Restrict or prohibit uses which are dangerous to health, safety or property in times of flood or cause increased flood heights or velocities;
B. Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with protection at the time of initial construction;
C. Advise individuals, as much as possible, of lands which are unsuited for intended purposes because of flood hazard. (Ord. TLS 23-11-44B Att. A)
18A.56.030 Reserved.
(Ord. TLS 23-11-44B Att. A)
18A.56.040 Determination of areas subject to flooding.
The FH district shall apply to only those areas of the city where detailed hydrological studies have been prepared by a competent agency concerned with such studies such as the U.S. Army Corps of Engineers, the Natural Resources Conservation Service, or studies conducted under the auspices of the Federal Emergency Management Agency. (Ord. TLS 23-11-44B Att. A)
18A.56.050 Standards.
The FH district shall be applied in those areas which are subject to periodic inundation from stream flows and in which only the outer limits of the inundation area shall have been described by the agency of competent expertise.
A. Permitted uses: All those allowed by the underlying zoning district.
B. Development proposals: All development proposals submitted shall be subject to the site plan review process, Chapter 18A.80 DCC, and shall be examined to determine whether the development will be reasonably safe from flooding. The city shall require the following:
1. That all necessary permits have been received as required by Section 404 of the Federal Water Pollution Control Act amendment of 1972, 33 U.S.C. 1334, Section 10, the Rivers and Harbors Act;
2. That all new development proposals, including subdivisions, be reviewed to ensure that:
a. All such proposals are consistent with the need to minimize flood damage within the flood prone area,
b. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate infiltration of floodwaters into the systems,
c. Adequate drainage is provided to reduce exposure to flood hazards,
d. Any new or replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems,
e. Any new or replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwater. If on-site waste disposal systems are employed they shall be so located to avoid impairment to them or contamination from them during flooding,
f. All mobile home parks and mobile home subdivisions shall file an evacuation plan indicating alternate vehicular access and escape routes with appropriate disaster preparedness authorities. (Ord. TLS 23-11-44B Att. A)
18A.56.060 Limits of implication.
This chapter does not imply that the land outside the areas of special flood hazards or uses permitted within such areas shall be free from flooding or flood damage, nor does this chapter imply that compliance herewith or with related ordinances will in all instances protect property from flood damage. This chapter shall not create liability on the city or any officer or employee thereof for any flood damage that results from reliance on this chapter or any administrative decision lawfully made hereunder; it being a legislative determination of the city that any such administrative decision is a discretionary determination as the same is defined by the laws of the state. (Ord. TLS 23-11-44B Att. A)