§ 154.089 FLOODPLAIN PROVISIONS.
   (A)   These floodplain provisions are provided for the protection and preservation of water channels and adjoining floodplains which are reasonably required to carry the discharge of flood waters and are provided in accordance with the requirements of state law. This section does not imply that areas outside the boundaries of these provisions are not subject to flooding and shall not create liability on the part of the city for any flood damages which result from reliance on this chapter or any administrative decision lawfully made under this chapter.
   (B)   These floodplain provisions shall be applied to and superimposed in conjunction with the shoreland standards and those areas indicated on the official zoning map shall be subject to these provisions.
   (C)   The area within the floodplain is divided into floodway and flood fringe. A floodway includes the channel and a ten-foot landward strip on both sides of Serpent Creek. A flood fringe includes the area outside of the floodway, but subject to inundation by the regional flood.
   (D)   (1)   Uses having a low flood damage potential and not obstructing flood flows shall be permitted within the floodway area to the extent that they are not prohibited by any other ordinance and are allowed within the residential, commercial, or industrial district which jointly applies, and provided they do not require structure, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels, or floodway of any tributary to the main stream, drainage ditch, or any other drainage facility or system. Permitted uses are limited to the following:
         (a)   Residential lawns, gardens, parking areas, and play areas;
         (b)   Industrial-commercial loading areas and parking areas; and
         (c)   Public and private recreational uses.
      (2)   No residential structures shall be allowed within the floodway.
   (E)   In the enforcement of these provisions, the city may request the Department of Natural Resources to make any appropriate determinations relative to any proposed development. The city, in its own discretion, may use these determinations in deciding whether or not to allow a requested use within any floodplain area.
(Prior Code, § 13.32)