The permitted and conditional uses listed below are only allowable in the floodway if not prohibited by any other underlying zoning district classifications of the city and if not prohibited by any applicable state or federal law.
(A) Permitted uses.
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, and wild crop harvesting.
(2) Boat launching ramps, swimming areas, parks, wildlife and nature preserves, and fishing areas.
(3) Residential lawns, gardens and play areas.
(B) Standards for floodway permitted uses.
(1) The use shall have a low flood damage potential.
(2) The use shall be permissible in the underlying zoning district if one exists.
(3) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(C) Conditional uses.
(1) Extraction and storage of sand, gravel, and other materials.
(2) Railroads, streets, bridges, utility transmission lines, and pipelines.
(3) Placement of fill.
(D) Standards for floodway conditional uses.
(1) All uses. No fill (including fill for roads and levees), deposit, obstruction, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards contained in § 154.48.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) Fill.
(a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
(c) As an alternative, and consistent with division (D)(4)(b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the City Council has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the Office of the County Recorder.
(5) Storage of materials and equipment. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.
(6) Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.
(Ord. 7518, passed 12-23-2009)