Sec. 31-82  District FP - Flood Plain District

A. PURPOSE Since certain areas of the City of Marshall are subject to flood hazard, the "FP" - Flood Plain District is hereby established in order to protect the public health, lessen the financial burden caused upon the community by rescue and relief efforts occasioned by the occupancy of flood areas and to minimize the danger to life and property which results from development undertaken without full realization of such danger.

B. PROCEDURE In order to utilize the land in the "FP" District, a property owner or user shall submit to the Zoning Administrator a plan for adequate flood protection, relative to the elevation of the flood plain, as determined by the most recent flood elevation study made by the U.S. Department of Housing and Urban Development, and used as the basic data for determining the extent of the flood plain district. Such plan must be approved by the Zoning Administrator before the flood plain district may be utilized. It may be required that the plan include a report by a registered professional engineer as to the adequacy of the proposed plan for flood protection relative to the elevation of the flood plain as determined in the Flood Elevation Study made by the U.S. Department of HUD, or as amended as provided below, the effect of the proposed improvement on the flooding problems on other properties, and such other hydrologic problems as may result from the improvement.

C. USE REGULATIONS The "FP" Flood Plain District shall function as an overlay to the Zoning District Map of the City of Marshall. Those uses permitted by the Zoning Ordinance of the City of Marshall within the several zoning districts shall be subject to the additional requirements of the "FP" District regulations if they fall within the "FP" District boundaries.

1. Structures. The Building Official shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement (including prefabricated and mobile homes) must (1) be
designed (or modified) and anchored to prevent flotation, collapse or lateral movement of the structure, (2) use construction materials and utility equipment that are resistant to flood damage and (3) use construction methods and practices that will minimize flood damage.

2. Storage. Materials that are buoyant, flammable, explosive, or in the time of flooding could be injurious to human, animal or plant life, shall be at or above the level of the 100 year flood.

3. Floodway Improvements and Drainage Works. Fill or encroachment or obstruction of any kind within the 100 year flood plain shall not be allowed that would impair any floodway's ability to carry and discharge the water resulting from the 100 year flood, except if the effects of increased flood heights are fully offset by floodway improvements.

4. Subdivisions. The Zoning Administrator shall review subdivision proposals and other proposed new developments to assure that (1) all such proposals are consistent with the need to minimized flood damage, (2) all public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage and (3) adequate drainage is provided so as to reduce exposure to flood hazards.5. Water and/or Sewage Systems . The Municipal Utilities shall require new or replacement water supply systems and/or sanitary sewerage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.

City of Marshall