(A) The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this chapter. Only those appropriate uses listed in 92 Ill. Adm. Code 708 will be allowed. Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise nonappropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use.
(B) The approved appropriate uses are as follows:
(1) Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife;
(2) Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses;
(3) Storm and sanitary sewer outfalls;
(4) Underground and overhead utilities;
(5) Recreational facilities such as playing fields and trail systems including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions.
(6) Detached garages, storage sheds, or other nonhabitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage;
(7) Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto;
(8) Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed one foot) and aircraft parking aprons built at or below ground elevation;
(9) Regulatory floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse.
(10) Flood proofing activities to protect previously existing lawful structures including the construction of water tight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten feet away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure.
(11) In the case of damaged or replacement buildings, reconstruction or repairs made to the building that are valued at less than 50% of the market value of the building before it was damaged or replaced, and which do not increase the outside dimensions of the building.
(12) Additions to existing buildings above the BFE that do not increase the building's foot print and are valued at less than 50% of the market value of the building.
(Ord. 553, passed 10-2-89; Am. Ord. 703, passed 4-6-92; Am. Ord. 789, passed 1-24-94)