This article is adopted to protect the public health and safety and
property values from floods and flood-related dangers.
The Floodplain Zone is a class of zone in addition to and overlapping
one or more of the other zones. The Floodplain Zone is delineated on a map
adopted by the Board of Aldermen of the City of Derby in conjunction with
the Ordinance Concerning Floodplain Management, which map is entitled "Flood
Insurance Rate Map, City of Derby, Connecticut, New Haven County," was prepared
by the Federal Insurance Administration and shows the Floodplain Zone as consisting
of all lands located within the natural stream channel of the Housatonic River
and Naugatuck River as well as lands identified on said map as Zone A and
Zone A-13. Said map is a part of these Zoning Regulations.
The requirements of this article are in addition to the requirements
of the underlying district or districts where located. In a Floodplain Zone,
except as provided in §
195-110, Exemptions, no lot or land and
no building or other structure shall be used, no building or other structure
shall be erected, constructed, moved, altered, reconstructed, enlarged or
extended and there shall be no man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation and drilling, until a zoning
permit is issued or an application for special exception use or application
for approval of site plan, if applicable, is approved in accordance with the
standards and procedure specified in Articles V and VI.
The requirements of this article are not applicable to the following:
A. Improvement, including repair or reconstruction, of existing
buildings or other structures, when the total cost of such improvement is
less than 50% of the market value of the building or structure before improvement
is started or, if the building or structure has been damaged, before the damage
occurred;
B. Improvement, including repair or reconstruction, necessary
to comply with existing state or city health, sanitary or safety codes and
such improvement is solely necessary to assure safe living accommodations;
or
C. The improvement, including repair or reconstruction,
if directly related to a structure listed on the National Register of Historic
Places or any State of Connecticut Inventory of Historic Places.
The proposed use, building or other structure or development shall conform
to all the requirements of the district where located except that mobile homes,
general hospital or nursing homes and buildings for public assembly are specifically
prohibited. The proposed use, building or other structure or development shall
conform to the standards and other requirements of the Ordinance Concerning
Floodplain Management.