A. Floodway Subdistrict Use Regulations: Uses in the Floodway Subdistrict are limited to the following:
1. Permitted Uses:
City projects and infrastructure, such as bridges and utility crossings, provided a stream alteration permit and a no rise certificate has been issued.
Open space recreation uses, provided the uses do not involve development.
River restoration projects, provided a stream alteration permit and a no rise certificate is issued.
2. Prohibited Uses: All other uses are strictly prohibited.
B. Floodplain Subdistrict Use Regulations: Uses in the Floodplain Subdistrict are limited to the following:
1. Permitted Uses:
Open space and recreational uses, provided the uses do not involve development.
River restoration projects, provided a stream alteration permit is issued.
2. Permit Required: Uses requiring a floodplain development permit:
Any development.
Subdivisions.
3. Prohibited Uses:
Any use not mentioned herein that is susceptible to flood damage from the base flood or that could potentially cause flood damage from such a flood to other property.
RVs and ATVs stored or kept outdoors on any property more than one hundred eighty (180) consecutive days; RVs and ATVs or other vehicles must be fully licensed and ready for highway use.
4. Bulk Requirements: For other supplementary location and bulk regulations, see chapter 17.07 of this title.
a. Minimum Lot Size: Twenty thousand (20,000) square feet for buildable lots. No minimum lot size for unbuildable lots. All land lying within the Floodway Subdistrict shall not be included in determining lot size.
b. Minimum Lot Width: Seventy five feet (75').
c. Minimum Front Yard Setback: Twenty five feet (25').
d. Minimum Side And Rear Yard Setback: The setback from the adjacent property line shall be one foot (1') for every two feet (2') of building height for all portions of the building exceeding twenty feet (20') in height, however, no side or rear yard shall be less than ten feet (10').
e. Riparian Setback: Unless otherwise provided for herein, all permanent development, including buildings and structures, fences, signage and other similar features in the Flood Hazard Overlay District shall have a one hundred foot (100') wide riparian setback from the mean high water mark of the Big Wood River. Wayfinding or interpretative signage that has been permitted and is serving a public or semi-public purpose, shall be exempt from this provision. Removal of live vegetation or excavation within the riparian setback is prohibited, except for any tree that has been recommended for removal by a certified arborist, in writing, because the tree has been found to potentially endanger the resident(s) of the property on which it is located or any member of the public, or has become hazardous to any street, alley or other public right-of-way or public utility, or because the removal of a tree would substantially improve the health of other trees on the property. Pruning of trees and planting of riparian trees, shrubs and ground cover within the riparian setback are allowed; provided, however, that all plantings conform to the condition set forth in subsection 17.04J.060H8 of this article. Where the application of the one hundred foot (100') riparian setback and other applicable setbacks will result in a building site of one thousand (1,000) square feet or less, the riparian setback may be reduced to such an extent that the building site is one thousand (1,000) square feet; provided, however, the riparian setback shall not be less than fifty feet (50').
C. Nonconforming Uses In Flood Hazard Overlay District: Structure or the use of a structure or premises which was lawful before the passage or amendment of this article, but which is not in conformity with the provisions of this district may be continued subject to the following conditions:
1. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
2. If any nonconforming use or structure is partially or completely destroyed, it shall not be reconstructed, except in conformity with the provisions of this article.
3. Uses which are or become nuisances, as defined by title 8, chapter 8.04 of this Code, shall not be entitled to continue as nonconforming uses.
4. Any alteration, addition or repair to any nonconforming structure which would result in substantial improvement shall be required to obtain a floodplain development permit pursuant to subsection 17.04J.030C, "Floodplain Development Permit Requirement", of this article. (Ord. 1234, 2018)