§ 606. Floodway Supplemental District.

606.1.

Purposes of the floodway supplemental district.

The Floodway Supplemental District is designed to:

A.

Protect life;

B.

Reduce and prevent flood damage;

C.

Reduce public expenditures in areas subject to flooding;

D.

Permit reasonable use of land in areas subject to flooding;

E.

Promote the general welfare of the community; and

F.

Prevent or reduce flood damage by keeping floodways free of manmade obstructions to permit the free flow and discharge of floodwaters.

606.2.

District boundaries.

The initial boundaries of the Floodway Supplemental District shall be established only after notice and public hearing before the Planning Commission and by approval of the City Council. This boundary shall be an approximation of the hundred-year flood with the exact boundaries of the Floodway Supplemental District being determined after the developer has submitted a preliminary plat showing detailed topographic information as required in Part 3, Article IV, Section 4.01 of this Ordinance. The exact boundary shall be established by the City Engineer according to the best available flood data compiled from the U.S. Army Corps of Engineers and the U.S. Geological Survey. Lands within the Floodway Supplemental District shall be identified on the Official Zoning Map by the suffix FD following the general zoning district designation. The boundaries of the Floodway Supplemental District may be amended so as to maintain uniformity with the purposes of this Ordinance upon a finding that:

A.

A flood control project of the federal, state, county or city government, or a private person, has substantially altered the boundaries of the floodway;

B.

Flood data compiled subsequent to the enactment of the district indicates that the boundaries of the district should be adjusted; or

C.

Proposed improvements, such as berms, dikes, channel improvements, or flood retention reservoirs, which will substantially alter the boundaries of the floodway and the actual construction of said improvements has been assured by the submission and acceptance of bond.

(Ord. No. 509, § 1, 6-18-1974)

606.3.

General floodway regulations.

The following general regulations apply to the use of land located within an FD Floodway Supplemental District:

A.

Structures shall be designed and constructed to withstand flood conditions.

B.

Materials which in time of flood might float away and lodge against bridge abutments or otherwise serve to restrict the flood discharge capacity of the water channel are prohibited.

606.4.

Permitted uses.

Within an FD Floodway Supplemental District the following uses are permitted as a right:

A.

Passive agricultural uses such as:

cultivation

forestry

grazing

planting

B.

Open land uses such as:

arboretum

flood management project

reservoir

wildlife preserve

C.

Public uses such as:

fire alarm

historical marker

street sign

thoroughfare

utility line

D.

Open air recreational uses such as:

golf courses

driving ranges

parks

picnic grounds, etc.

Certain uses (listed below) may be permitted by the Board of Adjustment, after adherence to the procedural requirements for a special exception, and upon the Board's finding that:

A.

The use will not substantially affect or be affected by the flow of waters during times of flood;

B.

The use will not impair the appropriate use, present or future, of neighboring property and that the use will be in keeping with the spirit and intent of this Ordinance.

The uses which may be permitted by the Board of Adjustment are:

A.

Parking;

B.

Temporary outside storage of materials;

C.

Temporary amusement enterprises;

D.

Other open air uses not requiring the erection of permanent principal structures, but which may require the erection of accessory structures.

All other uses are prohibited within an FD Floodway Supplemental District.

Uses approved by the Board which are not permitted within the applicable general use district shall abate within one (1) year from the date of amendment to the Official Zoning Map removing the Floodway Supplemental District designation from the land upon which the use is located.

606.5.

Nonconformities.

A structure lawfully existing in a Floodway Supplemental District at the effective date of said Floodway Supplemental Zoning and which would be prohibited in said Floodway Supplemental District shall be deemed nonconforming and may continue subject to the following provisions:

A.

No such nonconforming structure may be enlarged.

B.

Should such structure be damaged or partially destroyed by any means to the extent of seventy-five (75) percent of its current replacement cost at time of damage, said structure shall not be restored.

C.

Ordinary repairs may be made on any nonconforming structure provided said structure is not enlarged. If a nonconforming structure becomes physically unsafe or unlawful due to lack of repairs and maintenance and a final order of vacation or demolition is entered by a duly authorized official by reason of physical condition it shall not thereafter be used, restored, repaired or rebuilt.

No construction of a permanent principal structure shall be allowed on any lot located within a Floodway Supplemental District even though said lot was filed of record or was within a subdivision approved by the City Council prior to the effective date of the Floodway Supplemental Zoning in said district.

606.6.

Responsibility for flooding.

The fact that land/or property is not included within a Floodway or Flood Hazard Area as authorized by Section 606.2 of this Ordinance shall not constitute assurance that such land/or property is not subject to flooding and shall not be so interpreted.