(a) As specified in A.R.S. sections 48-3609 and 48-3613, these regulations shall not:
(1) Affect or apply to facilities constructed or installed pursuant to a certificate of environmental compatibility issued under the authority of A.R.S. title 40, chapter 2, article 6.2.
(2) Affect existing legal uses of property or the right to continuation of such legal use. However, if a nonconforming use of land, building, or structure is discontinued for twelve (12) months or destroyed to the extent of fifty (50) percent of its value, as determined by a competent appraiser, any further use shall comply with this article and these regulations.
(3) Affect reasonable repair or alteration of property for purposes for which the property was legally used on August 3, 1984, or the date on which any regulations affecting such property took effect; except that any alteration, addition or repair to a nonconforming building or structure which would result in increasing its flood damage potential by fifty (50) percent or more shall be either floodproofed (nonresidential structures only) or elevated to or above the regulatory flood elevation. All floodproofing (nonresidential structures only) shall be certified by a state-registered professional civil engineer. A record of such floodproofing shall be maintained on file with the city, which includes a certificate of floor elevation. See section 26-11.2(h).
(4) Affect the construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision. Any such alteration must maintain the carrying capacity of the watercourse.
(5) Prohibit the construction of bridges, culverts, dikes and other structures necessary for the construction of public highways, roads, and streets intersecting or crossing a watercourse.
(6) Prohibit the construction of storage dams for watering livestock or wildlife, structures on banks of a creek, stream, river, wash, arroyo, or other watercourse to prevent erosion of or damage to adjoining land or dams for the conservation of floodwaters permitted by A.R.S. title 45, chapter 6, section 45-1201 et seq., and chapter 10, section 45-1701 et seq.
(7) Prohibit construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the city engineer pursuant to regulations adopted by the floodplain board under this chapter.
(8) Prohibit the construction and erection of poles, towers, foundations, guy wires, and other facilities related to power transmission as constructed by any utility whether a public service corporation or a political subdivision.
(9) Prohibit any flood control district, county, city, town or other political subdivision to exercise powers granted to it under A.R.S. section 48-3601 et seq.
(b) These exceptions do not preclude any person from liability if that person's actions increase flood hazards to any other person or property. Before any construction authorized by this section may begin, plans for such construction must be submitted to the city engineer for review and comment, and/or issuance of a floodplain use permit. A drainage statement or report also may be required.
(Ord. No. 7407, § 5, 6-25-90; Ord. No. 11396, § 1, 8-9-16)