[1]
Editor's Note: Ordinance No. 99-01, adopted 2-3-1999, changed
this article title from "F Flood Hazard District" to "F Flood Hazard
and Wetlands District."
The flood hazard areas of Schuylkill Township are subject to periodic inundation which would result or has resulted in loss of property and damage to structures, and may result in loss of life, injury to people, disruption of public and private activities and services, burdensome public expenditures for flood protection and relief, and impairment of the tax base, all of which do or may adversely affect the public health, safety and general welfare. Such flood losses are or will be caused by the cumulative effect of obstructions in flood hazard areas which cause increases in flood heights and velocities and the occupancy of flood hazard areas by uses vulnerable to floods. In addition to the general purposes of § 370-2 and the community development objectives expressed in § 370-5 of this chapter, it is the purpose of this district to promote the public health, safety, and general welfare and to minimize those losses described above by provisions designed to:
B.
Restrict or prohibit uses which are dangerous to the public health
or safety, which may damage property in times of flood, or which could
cause increased flood heights or velocities;
C.
Protect the quality and quantity of surface and subsurface water
supplies adjacent to the underlying flood hazard areas;
D.
Protect open space along streams, in woodlands and in wetlands and
provide areas for the deposition of flood-borne sediment;
[Amended 2-3-1999 by Ord. No. 99-01; 8-4-2010 by Ord. No.
2010-04]
E.
Require that uses vulnerable to floods, including public facilities,
utilize appropriate construction practices in order to prevent or
minimize flood damage;
F.
Preserve the integrity of stream banks and their immediate vicinity
from erosion and the degradation of natural vegetation;
G.
Promote the understanding that, where uses are permitted by variance,
the land subject to the variance may be designated as lying either
totally or partially within the flood hazard area; and
H.
Comply with federal and state floodplain management requirements.
A.
Establishment of Flood Hazard District. The Flood Hazard District,
as a minimum, shall include that land adjoining any perennial stream,
as shown on the most recent United States Geological Survey quadrangle,
or adjoining any ponds or lakes with an area of one acre or more,
which is within 50 feet of the banks thereof. The Flood Hazard District
shall extend for such additional distance from said banks as is or
may be subject to inundation by waters of the one-hundred-year frequency
flood. The identified floodplain area shall be those areas of Schuylkill
Township, Chester County, which are subject to the one-hundred-year
flood, as identified in the Chester County Flood Insurance Study (FIS)
dated September 29, 2006, and the accompanying maps (digital and paper)
as prepared for by the Federal Emergency Management Agency (FEMA),
or the most recent revision thereof. The Flood Hazard Districts shall
include the following subdistricts:
[Amended 10-11-2006 by Ord. No. 2006-08]
(1)
FW (Floodway District Area). The areas identified as "floodway" in
the AE Zone in the Flood Insurance Study prepared by FEMA and as shown
on the accompanying Flood Insurance Rate Maps (FIRM) dated November
20, 1996, or the most recent revisions thereof. The term shall also
include floodway areas which have been identified in other available
studies or sources of information for those floodplain areas where
no floodway has been identified in the Flood Insurance Study.
(2)
FF (Flood Fringe District Area). The remaining portions of the one-hundred-year
floodplain in those areas identified as an AE Zone in the Flood Insurance
Study, where a floodway has been delineated. The basis for the outermost
boundary of this area shall be the one-hundred-year flood elevations
as shown in the Flood Profiles contained in the Flood Insurance Study,
and as shown on the FIRM maps dated November 20, 1996, or the most
recent revisions thereto.
(3)
FA (General Floodplain District Area). The areas identified as Zone
A in the Flood Insurance Study, and as shown on the FIRM maps dated
November 20, 1996, or the most recent revisions thereto, for which
no one-hundred-year flood elevations have been provided. When available,
information from other federal, state, and other acceptable sources
shall be used to determine the one-hundred-year elevation, as well
as floodway area, if possible. When no other information is available,
the one-hundred-year elevations shall be determined by using a point
on the boundary of the identified floodplain area which is nearest
the construction or development site in question. In determining the
necessary elevations for the purposes of this chapter, the following
methods shall be used:
(4)
In
the absence of an identified Flood Hazard District delineated by the
Federal Emergency Management Agency (FEMA), the Flood Hazard District,
as a minimum, shall include that land adjoining any watercourse, as
defined by the Pennsylvania Department of Environmental Protection’s
Chapter 105 regulations and/or as shown on the most recent United
States Geological Survey quadrangle, or that land adjoining any ponds
or lakes with an area of one acre or more where said land is within
50 feet of the banks thereof.
[Amended 11-6-2013 by Ord. No. 2013-09]
B.
Establishment of wetland boundaries. The boundaries of wetlands shall
be delineated through an on-site assessment which shall be conducted
by a wetlands biologist or other Township-approved, similarly qualified
professional. Such a person shall certify that the methods used to
delineate the wetlands correctly reflect currently accepted technical
concepts and the three-parameter methodology (vegetation, soils, and
hydrology) prescribed by the U.S. Army Corps of Engineers and the
Pennsylvania Department of Environmental Protection. The applicant
shall also identify wetland margins.
[Added 2-3-1999 by Ord. No. 99-01]
C.
Alterations to flood hazard district boundaries.
D.
Zoning Map.
(1)
The Flood Hazard District may be shown on the Township Zoning Map,
as amended from time to time; the Flood Hazard District may be shown
on maps separate from the Township Zoning Map, in which case it shall
be deemed to be an overlay upon the Zoning Map.
(2)
The Township Supervisors, upon consultation with the Township's Planning
Commission and following a public hearing, may designate additional
areas in the Township as within the Flood Hazard District for the
purposes stated herein.
E.
Rules for interpretation of district boundaries. The boundaries of the Flood Hazard District shall be determined in accordance with § 370-71A. Where interpretation is needed as to the exact example where there appears to be a conflict between a mapped boundary and actual field conditions, the Zoning Hearing Board shall, on appeal to it, make the necessary interpretation. The person contesting the location of the district boundary shall have the burden of establishing that land does not lie within the Flood Hazard District as defined by § 370-71A. The Zoning Hearing Board may call upon the for assistance in interpreting the data presented.
F.
Compliance. No structure, land, or water shall hereafter be used
and no structure shall be located, extended, converted, or structurally
altered in the Flood Hazard District without full compliance with
the terms of this article and other applicable regulations.
G.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing zoning or subdivision
regulation, easements, covenants, or deed restrictions, except that
where this article imposes greater restrictions, the provisions of
this article shall prevail. This article supersedes any other conflicting
provisions which may be in effect in floodplain areas. However, any
other provisions shall remain in full force and effect to the extent
that those provisions are more restrictive. If there is any conflict
between any of the provisions of this article and any other ordinance,
the more restrictive shall apply.
H.
Warning and disclaimer of liability. While the degree of flood protection
required by this article is considered reasonable for regulatory purposes,
larger floods may occur or the flood height may be increased by man-made
or natural causes. In such instances, areas outside the Flood Hazard
District or land uses permitted within the district may be subject
to flooding or flood damage. This article shall not create liability
on the part of the Township or any officer or employee thereof for
any flood damages that result from reliance on this article or any
administrative decision lawfully made thereunder.
I.
Severability.
(1)
The provisions of this article shall be severable, and if any of
the provisions hereof shall be held to be unconstitutional, invalid,
or illegal by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
(2)
To the extent that any holding that provisions of this article are
invalid or illegal, and makes this article no longer applicable to
any or all land within the Flood Hazard District, the zoning classification
of that land shall revert to that of the district as designated in
the Zoning Map.
A.
A building permit shall be required before any construction or development
is undertaken within the Flood Hazard District. An application for
a building permit shall be filed with the Zoning Administration Officer,
who shall make an initial determination on the proposal.
B.
Prior to the issuance of any building permit, the Zoning Administration
Officer shall review the application for permit to determine if all
other necessary governmental permits such as those required by state
and federal laws have been obtained, including those required by Act
537, the Pennsylvania Sewage Facilities Act, the Water Obstruction
Act of 1913, and the Federal Water Pollution Control Act Amendments
of 1972, Section 404, 33 U.S.C. § 1344. No permit shall
be issued until this determination has been made.
C.
Prior to any proposed alteration or relocation of a watercourse,
the developer proposing such modification shall obtain a permit from
the Pennsylvania Department of Environmental Protection, Bureau of
Dams Safety, Obstructions, and Stormwater Management. Furthermore,
the developer shall notify the Pennsylvania Department of Community
and Economic Development or any successor agency and all affected
communities (as determined by the ) by certified mail prior to such
proposed alterations and shall submit copies of such notification
to the Zoning Administration Officer and the Federal Emergency Management
Agency (FEMA).
[Amended 10-11-2006 by Ord. No. 2006-08]
Within the Flood Hazard District, all uses not allowed as permitted
uses or authorized by grant of variance or by special exception shall
be prohibited. No encroachment or development shall be permitted within
the Floodway District (FW) which will cause any increase in the one-hundred-year
flood elevation.
A.
Permitted uses. Except as otherwise provided in § 370-58 of this chapter, the following uses and no others shall be permitted within the Flood Hazard District and then only to the extent that they are not prohibited by any other article or ordinance:
[Amended 7-12-2006 by Ord. No. 2006-04; 10-11-2006 by Ord. No.
2006-08; 8-4-2010 by Ord. No. 2010-04; 12-7-2011 by Ord. No.
2011-11]
(1)
Agricultural uses that do not require permanent structures, as follows:
general farming, pasture, orchard, grazing, outdoor plant nurseries,
truck farming, forestry, and wild crop harvesting;
(2)
Recreation uses that do not require structures, use of motor vehicles, and which do not include amplified sound systems, such as the following: park, picnic grounds, fairs, boating, golf course, archery, hiking, riding, hunting, fishing, game farm, fish hatchery, wildlife sanctuary, nature preserve, and swimming areas; any nonprohibited recreation use may be allowed only by special exception (see Subsection B herein);
(3)
Three-quarters of the front, side, or rear yard setbacks required
for development of any lot or tract in any district contiguous to
the Flood Hazard District;
[Amended 6-7-2017 by Ord.
No. 2017-04]
(4)
With the exception of stormwater management facilities, no structure
shall be placed less than 50 feet from the boundary of any Flood Hazard
District;
[Added 6-7-2017 by Ord.
No. 2017-04[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
A(4) through (7) as Subsection A(5) through (8), respectively.
(5)
Water lines and sealed wells;
(6)
Boundary fences;
(7)
Storm sewers and storm sewer outlets, subject to the approval of
the Township Engineer; and
B.
Uses by special exception. The following uses may be permitted by
special exception subject to review and approval under provisions
of this chapter applicable to the grant of special exceptions, provided
the applicant establishes to the reasonable satisfaction of the Zoning
Hearing Board that the grant thereof will not result in increasing
the elevation of a one-hundred-year flood:
(1)
Any use under permitted uses requiring a temporary structure, to any applicable provisions of Article XX.
(2)
Permeable improved parking areas and roads to serve other permitted uses in the Flood Hazard District or where required by the regulations for any contiguous district, but only to the extent that such parking areas or roads cannot feasibly be located outside of the Flood Hazard District, pursuant to any applicable provisions of Article XX.
(3)
Railroads, roads, bridges, and utility transmission lines, pursuant to the provisions of § 370-167.
(6)
Sanitary sewers and sewage pumping stations, provided the construction
is floodproof.
[Added 10-11-2006 by Ord. No. 2006-08]
(7)
Dams, impoundment basins, culverts and bridges approved by the Commonwealth
or by the Township Engineer.
[Added 10-11-2006 by Ord. No. 2006-08]
C.
Conditional use. Notwithstanding any setback regulations otherwise applicable with regard to the subject lot, an internal, curbed or uncurbed, on-site drive aisle providing access to off-street parking spaces, provided the applicant establishes that the same are proposed in conjunction with the redevelopment of an existing use at the subject lot and are necessary to permit the reasonable legal use of that lot following such redevelopment, may be permitted by conditional use within 50 feet of a Flood Hazard District, subject to review and approval under the provisions of this chapter applicable to the grant of conditional uses, provided that the applicant establishes that the grant thereof will not result in an increase in the elevation of the one-hundred-year flood elevation as determined pursuant to § 370-71 and that such construction methods as are reasonable to prevent dislodging of the same during the one-hundred-year flood event will be utilized and, provided further that the total aggregate area of the proposed improvements does not exceed 5% of the total Flood Hazard District setback area on the subject lot.
[Added 7-12-2006 by Ord.
No. 2006-04; amended 6-7-2017 by Ord. No. 2017-04]
D.
Prohibited uses and activities. The following uses and activities
are specifically prohibited in any Flood Hazard District:
(1)
Sod farming.
(2)
Removal of topsoil, unless required in the construction or installation
of another use or activity otherwise permitted herein or for which
relief is sought to permit.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(3)
Cutting or removal of trees or other flora except where the area
is devoted to forestry or nursery use, in which case cutting or removal
shall be on a selective basis with reforestation measures practiced,
and further except as required in the construction or installation
of another use or activity otherwise permitted herein or for which
relief is sought to permit.
[Amended 6-7-2017 by Ord.
No. 2017-04]
(4)
Any new or substantially improved structure which will be used for
the production or storage of any of the following materials or substances
or which will be used for any activity requiring the maintenance of
a supply (more than 550 gallons or other comparable volume or any
amount of radioactive substances) of any of the following materials
shall be prohibited:
(a)
Acetone.
(b)
Ammonia.
(c)
Benzene.
(d)
Calcium carbide.
(e)
Carbon disulfide.
(f)
Celluloid.
(g)
Chlorine.
(h)
Hydrochloric acid.
(i)
Hydrocyanic acid.
(j)
Magnesium.
(k)
Nitric acid and oxides of nitrogen.
(l)
Petroleum products (gasoline, fuel, oil, etc.)
(m)
Phosphorus.
(n)
Potassium.
(o)
Sodium.
(p)
Sulphur and sulphur products.
(q)
Pesticides (including insecticides, fungicides, and rodenticides).
(r)
Radioactive substances insofar as such substances are not otherwise
regulated.
(5)
Any proposed hospital, jail, or prison, or any nursing home or similar
facilities.
(6)
Any mobile home on an individual lot or in a mobile home park.
(7)
Accessory structures.
E.
Grading, filling, and storage of material.
(1)
A change in grade by either cut or fill, or a combination or both, may be permitted as a special exception, pursuant to any applicable provisions of Article XX and upon the following conditions:
(2)
No storage of any material that may be hazardous to the health and
welfare of the surrounding population or which is in violation of
the Clean Streams Act or regulation of the Department of Environmental
Protection shall be permitted within the Flood Hazard District.
F.
Variances.
(1)
Standards and criteria. In any instance where the Zoning Hearing
Board is required to consider a request for variance from the provisions
of this article, the Board shall determine that the standards and
criteria enumerated in Section 910.2 of the Pennsylvania Municipalities
Planning Code[2] are met before granting the request. In considering whether
the variance if granted would be injurious to the public health, welfare,
or safety, the Board shall consider the following factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments.
(b)
The danger that materials may be swept on to other lands or
downstream to the injury of others.
(c)
The proposed water supply and sanitation system and ability
of these systems to avoid causing disease, contamination and unsanitary
conditions.
(d)
The susceptibility of the proposed use to flood damage and the
effect of such damage on the owners.
(e)
The importance of the proposed use to the community.
(f)
The availability of alternative locations not subject to flooding
for the proposed use.
(g)
The compatibility of the proposed use with existing and foreseeable
nearby uses.
(h)
The relationship of the proposed use to the Schuylkill Township
Comprehensive Plan.
(i)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(j)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwater expected at the site.
(k)
Such other factors as are relevant to the purposes of this article.
[2]
Editor's Note: See 53 P.S. § 10910.2.
(2)
Procedures.
(a)
In case of any dispute concerning the boundaries of a Flood
Hazard District, the initial determination shall be made by the Township
Zoning Administration Officer; a party aggrieved by a decision of
the Zoning Administration Officer as to the location of boundaries
of the Flood Hazard District may appeal to the Zoning Hearing Board.
(b)
Upon receiving an application for a variance hereunder, the
Zoning Hearing Board shall, prior to hearing, require the applicant
to furnish such of the following material as the Township Engineer
shall deem necessary for a complete consideration of the matter by
the Board:
[1]
Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot and existing and proposed uses;
and photographs or drawings showing existing uses and vegetation,
statement of soil types and other pertinent information.
[2]
A series of cross-sections at such intervals as the Township
Engineer may deem necessary along the lot or a shoreline, showing
the stream channel or the lake or pond bottom, elevation of adjoining
land areas to be occupied by the proposed uses, and the one-hundred-year
flood elevation.
[3]
Profile showing the slope of the bottom of the channel, lake,
or pond.
[4]
Specifications for building materials and construction, filling,
dredging, grading, landscaping, storage, water supply, sanitary facilities,
floodproofing, and/or elevation methods; and the proposed elevation
of the lowest floor, including basement, and other related anchoring
and floodproofing documentation, certified by a registered professional
engineer or architect.
[5]
Computation of the increase, if any, in the height of flood
stages which would be attributable to any proposed uses.
(c)
In considering any application for a variance, the Zoning Hearing
Board may, before hearing, request reports from the Planning Commission
and the Township Engineer concerning the extent to which the proposed
use would: diminish the capacity of the floodplain to store and absorb
floodwaters, to moderate flood velocities, and to accommodate sediment;
be subject to flood damage; and cause erosion and impair the amenity
of the Flood Hazard District. All written reports submitted to the
Zoning Hearing Board in advance of or at the hearing shall be made
available for inspection at the hearing by any party thereto.
(3)
Conditions.
(a)
Requests for variances and/or special exceptions in the Flood
Hazard District shall be considered by the Zoning Hearing Board in
accordance with the following procedures:
[1]
No variances shall be granted for any construction, development,
use or activity within any designated Floodway (FW) District that
would cause any increase in the one-hundred-year elevation.
[2]
If granted, a variance shall involve only the least modification
necessary to provide relief.
[3]
In granting any variance, the Zoning Hearing Board may attach
whatever reasonable conditions and safeguards it considers necessary
in order to protect the public health, safety, and welfare, and to
achieve the objectives of this chapter.
[5]
In reviewing any request for a variance, the Zoning Hearing
Board shall consider, but not be limited to, the following:
[a]
That there is good and sufficient cause.
[b]
That failure to grant the variance would result
in exceptional hardship to the applicant.
[c]
That the granting of the variance will not result
in any unacceptable or prohibited increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisance,
cause fraud on, or victimize the public, or conflict with any other
applicable local or state ordinances and regulations.
[6]
A complete record of all variance requests and related actions
shall be maintained by Schuylkill Township. In addition, a report
of all variances granted during the year shall be included in the
annual report to the Federal Emergency Management Agency.
[Amended 10-11-2006 by Ord. No. 2006-08]
[7]
In reviewing any request for a variance involving any space
located below the lowest floor of a structure or building, the Zoning
Hearing Board shall give consideration to the following:
[a]
A fully enclosed space below the lowest floor (including
basement) is prohibited.
[b]
A partially enclosed space below the lowest floor
(including basement) which will be used solely for the parking of
a vehicle, building access, or incidental storage in an area other
than a basement, shall be designed and constructed to allow for the
automatic entry and exit of floodwaters for the purposes of equalizing
hydrostatic forces on exterior walls. The term "partially enclosed
space" also includes crawl spaces.
(b)
Designs for meeting this requirement must either be certified
by a registered professional engineer or architect, or must meet or
exceed the following minimum criteria:
[1]
Provisions must be made for a minimum of two openings having a net
total area of not less than one square inch for every square foot
of enclosed space;
[2]
The bottom of all openings shall be no higher than one foot above
grade; and
[3]
Openings may be equipped with screens, louvers, or other coverings
or devices, provided that they permit the automatic entry and exit
of floodwaters.
(4)
Prospective sale. In any case where the Zoning Hearing Board grants
a variance to permit the erection of a structure or permit a change
in a nonconforming use in the Flood Hazard District and if it appears
that the premises are to be offered for sale or lease, the following
conditions shall apply:
(a)
Require the applicant to advise prospective purchasers and/or
lessees in writing no less than 15 days in advance of the effective
settlement or lease date for the premises, that the lot is located
either entirely or partially, as the case may be, in the Flood Hazard
District.
(b)
Require that, before settlement or change in nonconforming use,
as the case may be, may take place, the purchaser or lessee shall
signify in writing that he has been advised that the premises lies
partially or entirely in the Flood Hazard District and a signed copy
of such signification shall be delivered to the Township.
(c)
Where the premises are to be conveyed, the deed shall contain
the following provision: "This lot is entirely (partially) within
the Flood Hazard District as defined by the Zoning Ordinance of the
Township of Schuylkill, Chester County, Pennsylvania."
G.
Floodproofing measures. Any new structure or improvement is prohibited
in any floodway and in the FW Floodway District. Any structure or
improvement permitted in the FF Flood Fringe District as a special
exception or by variance granted by the Zoning Hearing Board shall
include floodproofing measures in accordance with the following criteria:
(1)
All structures shall be:
(a)
Firmly anchored to prevent flotation, collapse or lateral movement;
(b)
Constructed so as to prevent entrance of floodwaters into water
supply and waste treatment systems as well as other utility and facility
systems; and
(c)
Waste treatment systems shall be designed to minimize or eliminate
discharges from the systems into floodwaters.
(2)
Any new construction which is permitted as a special exception or
variance shall have the lowest floor, including basement, elevated
to the regulatory flood elevation, or 1 1/2 feet above the base
flood elevation.
(3)
Any improvement to an existing structure which may be allowed as
a special exception or as a variance shall be constructed so that:
(a)
Improvements to any part of a residential structure shall be
elevated to the regulatory flood elevation; and
(b)
Any improvements allowed as a special exception or by variance
to nonresidential structures shall be elevated to the regulatory flood
elevation and, if such is impossible, then shall be floodproofed in
accordance with the publication "Floodproofing Regulations" as prepared
by the U.S. Army Corps of Engineers, June 1972, as amended March 1992.
(4)
All development shall be accompanied by adequate storm drainage facilities
designed to convey the flow of stormwater runoff in a safe and efficient
manner. The system shall insure drainage at all points along streets,
and provide positive drainage away from buildings. The system shall
also be designed to prevent the discharge of excess runoff onto adjacent
properties.
(5)
If any development and/or construction is permitted under this subsection,
it shall only be permitted where it is demonstrated that it will strictly
comply with all requirements of this and other applicable ordinances
and the requirements of the National Flood Insurance Program regulations
of 44 CFR 60.3(d) and the Pennsylvania Floodplain Management of 1978,
as amended.
[Added 10-11-2006 by Ord. No. 2006-08]
(6)
The Standards and Specifications contained 34 Pa. Code (Chapters
401-405), as amended, and not limited to the following provisions,
shall apply to the above and other sections and subsections of this
chapter, to the extent that they are more restrictive and/or supplement
the requirements of this chapter:
[Added 10-11-2006 by Ord. No. 2006-08]
|
International Building Code (IBC) 2003 or the latest edition
thereof: Sections 801, 1202, 1403, 1603, 1605, 1612, 3402, and Appendix
G.
| |
|
International Residential Building Code (IRC) 2003 or the latest
edition thereof: Sections R104, R105, R109, R323, Appendix AE101,
Appendix E and Appendix J.
|
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
areas:
A.
No expansion or enlargement of an existing structure shall be allowed
within any floodway area that would cause any increase in the elevation
of the one-hundred-year flood.
B.
Any modification, alteration, reconstruction, removal, replacement
or improvement of any kind to an existing structure shall constitute
a substantial improvement and shall be undertaken only in full compliance
with the provisions of this chapter.
[Amended 6-7-2017 by Ord.
No. 2017-04]
C.
Any modification, alteration, reconstruction, removal, replacement
or improvement of any kind to an existing structure shall be elevated
and/or floodproofed to the greatest extent possible.
[Amended 6-7-2017 by Ord.
No. 2017-04]
D.
The requirements of 34 Pa. Code Chapter 401 to 405, as amended and
the 2003 IRC (Sections R102.7.1, R105.3.1, R105.3.1, R105.3.1.1 and
Appendixes E and J) or the latest revision thereof and the 2003 IBC
(Sections 101.3, 3403.1 and Appendix G) or the latest revision thereof
shall also be utilized in conjunction with the provisions of this
section.
[Added 10-11-2006 by Ord. No. 2006-08]
E.
A conditional use approval is required for any demolition within
a Flood Hazard District.
[Added 6-7-2017 by Ord.
No. 2017-04]
[Added 2-3-1999 by Ord. No. 99-01; amended 6-7-2017 by Ord. No. 2017-04]
Except as permitted by state and/or federal permit, no use shall be permitted in wetlands as determined pursuant to the federal and state wetland definition and there shall be a setback of 50 feet from the border of any wetlands in accordance with Article XXVIII.
