(a) The following uses and activities may be permitted by special permit in accordance with Article 1371 provided that they are in compliance with the underlying zoning district and are not prohibited by any other ordinance and provided that they do not result in any increase in 100- year flood elevations:
(1) Structures, except for mobile homes, accessory to the uses and activities in Section 1351.05 above.
(2) Utilities, and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants and other similar or related uses.
(3) Water-related uses and activities such as marinas, docks, wharves, piers, etc.
(4) Extraction of sand, gravel and other materials.
(5) Temporary uses such as circuses, carnivals and similar activities.
(6) Storage of materials and equipment provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.
(7) Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.
(b) In addition to any applicable specific additional standards prescribed in Article 1371, special uses in the Floodway District shall comply with the following standards:
(1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity that will cause any increase in flood levels in the Floodway District.
(2) The danger that materials may be swept on to other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.
(10) The safety of access to the property in times of flood of ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(c) Notwithstanding any other provisions of this ordinance, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of National Flood Insurance Program (NFIP) Regulations, Part 65 - Identification and Mapping of Special Hazard Areas, Sec. 65.12, and receives the approval of the Administrator.
(Ord. 13235. Passed 6-21-06.)