(A) General. The permitted and conditional uses listed below are only allowable in the Floodway District if not prohibited by any other underlying zoning district classifications of the city and if not prohibited by any applicable state or federal law. The city does not allow community-wide structural works or projects in the Floodway District for flood controls that are intended to remove areas from the regulatory floodplain.
(B) 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; and
(3) Residential uses such as lawns, gardens, parking areas and play areas.
(C) Standards for Floodway District permitted uses.
(1) The use shall have low flood damage potential.
(2) The use shall be permissible in the underlying zoning district.
(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.
(D) Conditional uses. The conditional uses listed below are only allowable in Floodway District if not prohibited by any other underlying zoning district classification of the city and if not prohibited by applicable state or federal law. The city requires a conditional use permit approved by the City Council for each use. The city or the property owner must record the conditional use permit against the title of the property in the County Recorder’s office:
(1) The extraction and storage of sand, gravel and other materials;
(2) Marinas, boat rentals, docks, piers, wharves and water control structures;
(3) Railroads, streets, bridges, utility transmission lines and pipelines; and
(4) The placement of fill.
(E) Standards for Floodway District conditional uses.
(1) The city will not allow fill (including fill for roads and levees), deposits, obstructions or other similar uses as a conditional use that would cause any increase in the stage of a 100-year or regional flood or cause an increase in flood damage in the reach or reaches affected.
(2) All conditional uses in the Floodway District shall be subject to the procedures and standards set forth in § 154.058 of this chapter.
(3) The conditional use shall be permissible in the underlying city zoning district.
(4) Fill, subject to the following standards.
(a) The property owner or contractor shall protect fill, dredge spoil and all other similar materials that they deposit or store in the floodplain from erosion by vegetative cover, mulching, riprap or other method acceptable to the city.
(b) The city does not allow dredge spoil sites and sand and gravel operations in the Floodway District unless the owner or operator submits a long-term site development plan to the city that includes an erosion/sedimentation prevention element to the plan.
(c) As an alternative, and consistent with division (E)(4)(b) above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials that would have caused an increase to the stage of 100-year or regional flood. The city will only allow such storage only if the city has received a plan that assures the removal of the materials from the floodway based upon the available time after a flood warning. The city or the property owner must record the conditional use permit against the title of the property in the County Recorder’s office.
(5) The city may allow the storage of other materials or equipment if readily removable from the area in the time available after a flood warning and according to a plan approved by the city. The city prohibits the storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life.
(Prior Code, § 1301.04)