The purpose of this article is to control activities, development
and uses in conservation district areas subject to flooding in order
to prevent the loss of property and life, the creation of health and
safety hazards and the disruption of commerce and governmental services
by:
A.
Regulating uses, activities and development which, acting alone or
in combination with other existing or future uses, activities and
development, will cause unacceptable increases in flood heights, velocities
and frequencies.
B.
Restricting or prohibiting certain uses, activities and development
from locating within areas subject to flooding.
C.
Protecting individuals from buying lands and structures which are
unsuited for intended purposes because of flood hazards.
A.
In the Conservation District, no new construction shall be permitted,
including fences, with the exception of two-wire fences, except where
the effect of such construction on flood heights is fully offset by
accompanying stream improvements which have been approved by all appropriate
local and/or state authorities.
B.
Permitted uses. In the Conservation District, the following uses
and activities are permitted, provided that they do not require structures,
fill or storage of materials and equipment:
(1)
Agricultural uses, such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming and wild crop harvesting.
(2)
Public and private recreational uses and activities, such as
parks, day camps, picnic grounds, golf courses, boat launching and
swimming areas, hiking and horseback riding trails, wildlife and nature
preserves, game farms, fish hatcheries and fishing areas.
(3)
Accessory residential uses, such as yard areas, gardens, play
areas and pervious parking areas.
(4)
Accessory industrial and commercial uses, such as yard areas,
impervious parking and loading areas, airport landing strips, etc.
C.
Uses permitted by special exception. The following uses and activities
are permitted by special exception, provided that they are in compliance
with the provisions of the Conservation District and are not prohibited
by any other ordinance.
(2)
Extraction of sand, gravel and other materials.
(3)
Utilities and public facilities and improvements, such as railroads,
streets, bridges, transmission lines, pipelines, water and sewage
treatment plants and other similar or related uses.
(4)
Water-related uses and activities, such as marinas, docks, wharves,
piers, etc.
(5)
Temporary uses, such as circuses, carnivals and similar activities.
(6)
Storage of materials and equipment, provided that they are not
buoyant, flammable or explosive and are not subject to major damage
by flooding, and provided that such materials and equipment are firmly
anchored to prevent flotation or movement and/or can be readily removed
from the area within the time available after flood warning.
(7)
Other similar uses and activities.
Under no circumstances shall any use, activity and/or development
adversely affect the capacity of the channels of floodways of any
watercourse, drainage ditch or any other drainage facility or system.
In a case where the watercourse of a riverine environment is altered
or relocated, adjacent communities, the state Flood Coordinator and
the Federal Insurance Administrator shall be notified.
