Chapter 18.110
FLOODWAY (F-1) DISTRICT

Sections:

18.110.010    Floodway (F-1) district.

18.110.010 Floodway (F-1) district.

(A) Uses in the F-1 District without a Permit. A building or land may be used, and a building may be erected or altered, in an F-1 district for one or more of the following uses if a permit is not required by the State Natural Resources Commission:

(1) Agricultural uses, including crop production, pastures, orchards, nurseries, and vineyards;

(2) Forestry, wildlife areas, and nature preserves;

(3) Parks;

(4) Recreational areas, including golf courses and driving ranges.

(B) Uses in the F-1 district with a Permit. A structure or land may be used, and a structure may be erected or altered, for one or more of the following uses if a permit has been granted by the Natural Resources Commission as provided in IC 13-2-22-1 et seq.:

(1) Water management and use facilities, including dams, docks, dolphins, channel improvements, dikes, jetties, marinas, piers, wharves, levees, seawalls, floodwalls and irrigation facilities;

(2) Transportation facilities, including streets, bridges, roadways, fords, airports, pipelines, railroads, and utility transmission facilities;

(3) Temporary or seasonal occupancy uses including circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites;

(4) Water-related urban uses, including wastewater treatment facilities, storm sewers, sanitary sewers if inlets are protected from the 100-year flood levels, electricity generating and transmission facilities, and water treatment facilities;

(5) Flood-tolerant or open space urban uses, including floodproofed industrial and commercial buildings, racetracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or television towers, parking lots and mineral extractions.

(C) The uses in the F-1 district are subject to the following requirements:

(1) Maximum height and lot coverage and minimum lot size, width, and yard as shown in EMC 18.130.010;

(2) Parking restrictions as provided in Chapter 18.135 EMC;

(3) Restrictions on signs and off-premises advertising as provided in Chapter 18.140 EMC;

(4) Requirements of IC-13-2-11-1 et seq.;

(5) Any requirements or restrictions imposed by the Natural Resource Commission under IC 13-2-22.5-2, or any requirements imposed by the Area Plan Commission under authority of IC 13-2-22-1 et seq.

(D) Nonconforming Uses in F-1 Districts. A nonconforming use of a building or land lawfully existing on the effective date of the ordinance codified in this title may be continued and the structure or land maintained subject to the following restrictions:

(1) A nonconforming use may not be enlarged unless a permit for construction has been obtained from the Natural Resources Commission.

(2) If the market value of a nonconforming structure is reduced by 40 percent or more by damage from fire, explosion, flood, riot, or any natural cause, it may be restored only for use designated in this title or a use approved by the issuance of a permit by the State Natural Resources Commission or the Area Plan Commission.

(3) If a nonconforming use is discontinued for one year or more, future use must conform to this title.

(E) Board of Zoning Appeals – Variance in the F-1 District. The Board of Zoning Appeals may not issue a variance from the requirements set by this title or from the requirements set by the State Natural Resources Commission or the Area Plan Commission unless a permit for the construction of the variance has been obtained from the Natural Resources Commission, or the requirement of the Natural Resources Commission has been waived by the Natural Resources Commission.

(F) Floodway Fringe Areas. In those areas determined by the Building Commission of Evansville and Vanderburgh County to be designated by the State Natural Resources Commission as floodway fringe areas, a building may not be constructed unless it has a flood protection grade at least two feet above the regulatory flood profile established by the Natural Resources Commission. [Ord. G-89-17, passed 5-24-89; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 21; 1982 Code § 153.059; 1983 Code § 15.153.059.]