§ 150.328 CRITICAL WATER QUALITY ZONE.
   (A)   Critical water quality zones shall be established along all creeks and tributaries with drainage basins greater than 64 acres in size. The zone line shall be delineated parallel to each such creek or tributary according to the size of the drainage basin.
      (1)   For minor waterways, the zone line shall be defined by the limits of the one hundred year floodplain, provided that it shall never be extended beyond 100 feet on each side from the centerline of the waterway.
      (2)   For intermediate waterways, the zone line shall be defined by the one hundred year floodplain, provided that it shall never be located greater than 200 feet nor less than 100 feet on each side from the center line of the waterway.
      (3)   For major waterways, the zone line shall be defined by the one hundred year floodplain; provided that it shall never be located greater than 400 feet not less than 200 feet on each side from the center line of the waterway.
   (B)   The floodplain delineation shall be based on a channel in its unaltered state, and shall assume fully developed watershed conditions.
   (C)   The critical water quality zone shall remain free of all construction activity, development and alterations except that the following may be permitted:
      (1)   Utilities as provided by § 150.328(D) and § 150.328(E).
      (2)   Fences that do not obstruct flood flows.
      (3)   Public and private parks and open space, with development in the parks and open space limited to trails and outdoor facilities (other than stables and corrals for animals) for hiking, jogging, nonmotorized biking, and nature walks when a program of fertilizer, pesticide and herbicide use is approved by the city.
      (4)   Concrete private drives to allow access to property not otherwise accessible.
      (5)   Arterial, collector and residential street crossings provided no major waterways may be crossed.
      (6)   Structures described in § 150.332(F) located on lots zoned and used for single family residential purposes, provided that the placement of any such allowable structure: (i) does not require the addition of any fill; (ii) is designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for entry and exit of floodwaters; (iii) does not impede surface water runoff or drainage patterns that effect adjoining upstream or downstream properties; (iv) does not result in increased flooding on upstream or downstream properties; (v) is in compliance with all applicable provisions of this Code; and (vi) the City Council has granted a variance or the City Administrator or his/her designee has granted an administrative approval, as may be required pursuant to § 150.323.
      (7)   Structures for which the City Council has granted a variance pursuant to § 150.323.
   (D)   All utilities other than wastewater shall be located outside the critical water quality zone, except for crossings.
   (E)   Wastewater trunk lines and lateral lines shall be located outside the critical water quality zone whenever possible except for crossings. At the time of the watershed development permit application review, the city's appointed designate shall make a report to the City Council on any significant environmental impact and possible alternatives related to wastewater line locations in the critical water quality zone. In no case shall any wastewater line be located less than 100 feet from the center line of a major waterway or 50 feet from the center line of an intermediate waterway except for crossings, unless approved by the City Council upon consideration of reports by the city appointed designate, and unless the applicant has shown that installation outside of this zone is physically prohibitive or environmentally unsound.