A.   Permitted Uses: The following uses, having a low flood damage potential and not obstructing flood flow, shall be permitted within the Floodway Overlay District to the extent that they are not prohibited by any other ordinance or statute, and provided they do not require structures, fill, fences or storage of materials or equipment, excavation, or alteration of a watercourse. In addition, no use shall adversely affect the capacity or flow of Walnut Creek or North Walnut Creek or the channels or floodways of any tributary to Walnut Creek or North Walnut Creek or any other drainage facility or system. All other uses permitted within the underlying zoning district shall be expressly prohibited unless otherwise noted herein.
      1.   Agricultural uses such as, but not limited to, general farming, nurseries, horticulture, truck farming, and sod farming.
      2.   Private and public recreational uses such as, but not limited to: golf courses, archery ranges, parks, picnic grounds, tennis courts, hiking and biking trails.
      3.   Parks and public recreational uses, and structures accessory to such uses, by the City.
      4.   Such other open space uses similar in nature to the above uses, as determined by the Community Development Director.
      5.   Utility transmission lines, including poles and towers.
   B.   Performance Standards: All Floodway Overlay District uses allowed as a permitted use shall meet the following standards:
      1.   No use shall be permitted in the Floodway Overlay District that would result in any increase in the base flood elevation. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
      2.   All uses within the Floodway Overlay District shall:
         a.   Be consistent with the need to minimize flood damage.
         b.   Use construction methods and practices that will minimize flood damage.
         c.   Use construction materials and utility equipment that are resistant to flood damage.
      3.   No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system.
      4.   Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe Overlay District and shall be constructed or aligned to present the minimum possible resistance to flood flows.
      5.   Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation.
      6.   Storage of materials or equipment that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway Overlay District within the time available after flood warning.
      7.   Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.
      8.   Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.
      9.   Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. (Ord. 1067, 1-24-2019)