§ 151.29 FLOODWAYS AND NON-ENCROACHMENT AREAS.
   (A)   Areas designated as floodways or non-encroachment areas are located within the special flood hazard areas established in § 151.07. The floodways and non-encroachment areas are extremely hazardous areas due to the velocity of floodwaters that have erosion potential and carry debris and potential projectiles.
   (B)   The following provisions, in addition to standards outlined in §§ 151.25 and 151.26, shall apply to all development within such areas.
      (1)   No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
         (a)   It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice, and presented to the Floodplain Administrator prior to issuance of floodplain development permit; or
         (b)   A conditional letter of map revision (CLOMR) has been approved by FEMA. A letter of map revision (LOMR) must also be obtained upon completion of the proposed encroachment.
      (2)   If division (B)(1) above is satisfied, all development shall comply with all applicable flood hazard reduction provisions of this chapter.
      (3)   No new manufactured homes shall be permitted. Replacement manufactured homes in an existing manufactured home park or subdivision may be permitted, provided, the following provisions are met:
         (a)   The anchoring and the elevation standards of § 151.26(C); and
         (b)   The no encroachment standards of division (B)(1) above.
      (4)   No new habitable structures, included structures used for working, sleeping, living, cooking, or restroom facilities, shall be permitted in floodways and non-encroachment areas.
(2013 Code, Ch. 21)