Agenda - Environmental Policy Board - 09/21/2015

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Ordinance Language Commentary inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of (Community) or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. t7 2.911 Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. o 2.912 Base Flood Elevation — The elevation of the "regional flood." The term I��"base flood elevation" is used in the flood insurance survey. /.913 Basement — any area of a structure, including crawl spaces, having its vv floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 1 :914 Conditional Use — a specific type of structure or land use listed in the �/ official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) Certain conditions as detailed in the zoning ordinance exist. (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water - reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 2.916 Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 1,4.917 Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. July 2015 3 This statement not needed if already included in zoning ordinance These definitions may already exist as part of zoning ordinance, but check for consistency. Definitions are mandatory unless otherwise indicated. Optional definition Optional definition — check against zoning ordinance. Some local ordinances — and the state rules that apply to floodplains — use the older term "special use." Optional definition — see the (optional) regulation of critical facilities in Section 3.25. This definition means that many land alteration activities are regulated and may require permits.