A. All uses allowed in the floodway without a permit, are allowed without a permit in the floodway fringe.
B. All uses allowed in the floodway that require a permit, are allowed by permit within the floodway fringe. In addition, new construction, substantial improvements and alterations to structures are allowed by permit. This includes, but is not limited to, residential, commercial and industrial construction, and suitable fill to be allowed by permit from the department subject to the following conditions:
1. Structures or fill must not be prohibited by any other statute, regulation, ordinance or resolution;
2. All structures must be designed and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. Additionally all structures must be constructed with materials that are resistant to flood damage, constructed with methods and practices that minimize flooding damages;
3. New construction, alterations and substantial improvements of residential structures must be constructed such that:
a. The lowest floor elevation including basement; and electrical, heating, ductwork, ventilation, plumbing, and air conditioning equipment is two feet (2') or more above the base flood elevation by elevating with a permanent foundation; and
b. Any crawl space must be designed so that the crawl space floor is at or above the base flood elevation.
4. New construction, alterations and substantial improvements of nonresidential structures must be constructed such that the lowest floor elevation including basement, and electrical, heating, ductwork, ventilation, plumbing, and air conditioning equipment is two feet (2') or more above the base flood elevation by elevating with a permanent foundation. If not elevated two feet (2') or more above the base flood elevation then the nonresidential structure must be adequately floodproofed to an elevation no lower than two feet (2') above the base flood elevation. Floodproofing must be certified by a registered professional engineer or architect that the floodproofing methods are adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities, impact, buoyancy, and uplift forces associated with the 100-year flood:
a. If the structure is designed to allow internal flooding of the areas below the lowest floor, use of the space shall be limited to parking, loading areas, building access and storage of equipment or materials not appreciably affected by floodwaters. The floors and walls shall be designed and constructed of materials resistant to flooding to an elevation no lower than two feet (2') above the base flood elevation. Walls must be designed to automatically equalize hydrostatic forces by allowing for entry and exit of floodwaters. Openings may be equipped with screens, louvers, valves, other coverings, or devices which permit the automatic entry and exit of floodwaters;
b. Structures whose lowest floors are used for a purpose other than parking, loading, or storage of materials resistant to flooding shall be floodproofed to an elevation no lower than two feet (2') above the base flood elevation. Floodproofing must include impermeable membranes or materials for floors and walls and watertight enclosures for all windows, doors and other openings. These structures must be designed to withstand the hydrostatic, hydrodynamic and buoyancy effects of a 100-year flood; and
c. Floodproofing of electrical, heating and plumbing systems must also be accomplished in accordance with section 3-14-16 of this chapter.
5. Fill material placed in the floodway fringe must be stable, compacted, well graded, pervious, generally unaffected by water and frost, devoid of trash or similar foreign matter, devoid of tree stumps or other organic material, and appropriate for the purpose of supporting the intended use or permanent structure;
6. Roads, streets, highways and rail lines must be designed to minimize increase in flood heights. Where failure or interruption of transportation facilities would result in danger to the public health or safety, the facility must be located two feet (2') above the base flood elevation;
7. Agricultural structures that have a low damage potential, such as sheds, barns, shelters, and hay or grain storage structures must be adequately anchored to prevent flotation or collapse and all electrical facilities must be placed above the base flood elevation; and
8. Recreational vehicles, if they are on the site for more than one hundred eighty (180) consecutive days or are not ready for highway use, must meet the elevating requirements of subsection B3 of this section and be securely anchored.
C. The following are prohibited within the floodway fringe:
1. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous, or explosive materials. Storage of petroleum products may be allowed by permit if stored on compacted fill at least two feet (2') above the base flood elevation and anchored to a permanent foundation to prevent downstream movement. (Ord. 3159, 8-20-2012)