A. Nothing in this chapter shall:
1. Affect existing legal uses of property or the right to continuation of such legal use under conditions which existed on the initial effective date of this chapter except:
If a nonconforming use of land or a building or structure is discontinued for twelve months, or destroyed to the extent of fifty percent of its value as determined by a competent appraiser, any further use shall comply with this article and regulations of the city council;
2. Affect reasonable repair or alteration of property for the purposes for which the property was legally used on August 3,1984, or on the date the regulations affecting such property takes effect, except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by fifty percent or more shall be either floodproofed or elevated to or above the regulatory flood elevation; and provided the repair or alteration does not decrease the carrying capacity of the watercourse;
3. Affect reasonable repair of structures constructed with the written authorization required by A.R.S. 48-3613;
4. Affect or apply to facilities constructed or installed pursuant to a certificate of environmental compatibility issued under the authority of A.R.S. Title 40, Chapter 2, Article 6.2.
5. In accordance with A.R.S. § 48-3613(D), in addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to A.R.S. Title 48, Chapter 21, Article 1. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if authorized by the floodplain board, or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees.
B. Written authorization shall not be required, nor shall the floodplain board prohibit:
1. The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting a watercourse;
2. The construction of storage dams for watering livestock or wildlife, structures on the banks of a creek, stream, river, wash, arroyo or other watercourse to prevent erosion of or damage to adjoining land, if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of floodwaters as permitted by A.R.S. Title 45, Chapter 6;
3. Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This section does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from any provisions of this chapter or other regulations adopted by the floodplain board;
4. Any flood control district, county, city, town or other political subdivision, from exercising powers granted to it under A.R.S. Title 48, Chapter 21, Article 1.
5. The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision;
6. The construction and erection of poles, towers, foundations, support structures, guy wires and other facilities related to power transmission as constructed by any utility, whether a public service corporation or a political subdivision; and
7. Other construction upon determination by the floodplain board that written authorization is unnecessary.
C. Before any construction authorized by subsection B of this section may begin, the person must submit plans for the construction for review and comment (A.R.S. § 48-3613.C).
(Ord. 1397.15.22 § 1 (part), 2019; Ord. 1397.15.21 § 1 (part), 2007; prior code § 17-3-7)