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1400 Baldur Park Road - 08-117-23-31-0001
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15-3773, CUP
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Sec. 78-1118. -Permitted uses. <br />(a) The uses listed in section 78-1114 of this article shall be permitted uses. <br />(b) All other permitted uses shall be those uses of land or structures listed as permitted uses in the <br />underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any <br />residential or non residential structure or use of a structure or land shall be a permitted use in the flood <br />fringe district provided such use does not constitute a public nuisance. All permitted uses shall comply <br />with the standards for flood fringe district "Permitted uses" listed in section 78-1119 and the "Standards <br />for all flood fringe uses" listed in section 78-1122. <br />Sec. 78-1119. -Standards for flood fringe permitted uses. <br />(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including <br />basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for <br />structures shall be no lower than one foot below the regulatory flood protection elevation and the fill <br />shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. <br />(b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that <br />do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance <br />with section 78-1117(e)(3). <br />(c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located <br />on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to <br />elevate a structure in accordance with section 78-1119( a) of this article. <br />(d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection <br />elevation. <br />(e) The provisions of section 78-1122 of this article shall apply. <br />Sec. 78-1120. -Conditional uses. <br />Any structure that is not elevated on fill or flood proofed in accordance with section 78-1119(a) and (b) <br />and or any use of land that does not comply with the standards in section 78-1119(c) and (d) shall only be <br />allowable as a conditional use. An application for a conditional use shall be subject to the standards and <br />criteria and evaluation procedures specified in sections 78-1121, 78-1122 and 78-1135 of this article. <br />Sec. 78-1121. -Standards for flood fringe conditional uses. <br />(1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest <br />floor above the regulatory flood protection elevation. These alternative methods may include the use <br />of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under <br />garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's <br />basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; <br />2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used <br />solely for parking of vehicles, building access or storage. The above-noted alternative elevation <br />methods are subject to the following additional standards: <br />a. Design and certification. The structure's design and as-built condition must be certified by a <br />registered professional engineer or architect as being in compliance with the general design <br />standards of the State Building Code and, specifically, that all electrical, heating, ventilation, <br />plumbing and air conditioning equipment and other service facilities must be at or above the <br />regulatory flood protection elevation or be designed to prevent flood water from entering or <br />accumulating within these components during times of flooding. <br />Page 2
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