A. No lot will be sold or building constructed in an area subject to flood prior to completion of all flood protection works or measures planned for such lot and necessary facilities.
B. No subdivision shall be approved for floodway areas if anticipated levees, fill, structures or other features will individually or collectively increase flood flows or damages. The City Council shall reasonably assume an equal degree of encroachment on the opposite side of the watercourse in calculating possible effects of the proposed uses.
C. New building sites for any structures, residences, motels, resorts and all manufactured home parks/subdivisions, and similar uses for human occupation shall not be permitted in floodway areas. These uses may be permitted outside the floodway if building sites are filled to a height not more than one foot (1') above the regulatory flood protection elevation for the particular area. Required fill areas must extend fifteen feet (15') beyond the limits of extended structures. If the subdivision is not to be serviced with sewer, it must include areas for on site waste disposal at or above the flood protection elevation in accordance with FEMA rules and regulations.
D. Building sites for structures other than those used for human occupancy outside of floodway areas shall ordinarily be filled as provided above. However, the City Council may allow subdivision of areas for commercial and industrial use at a lower elevation if the applicant protects the areas to the regulatory flood protection elevation by levees, floodwalls, channel modifications or other protective techniques, or if the applicant agrees to protect uses through structural floodproofing, flood warning systems or other techniques specified in this title.
E. Should the City Council determine that only a part of a proposed plat can be safely developed, it shall limit development to that part and require that the specifications for development be consistent with its determination.
F. When someone other than the applicant intends to develop the plat, and the City Council determines that additional use controls are required to ensure safe development, it may require the applicant to impose appropriate deed restrictions on the land. Such deed restrictions shall be inserted in every deed and noted on the face of the final recorded plat. (Prior Code § 21-8-9)