It is the purpose of the flood plain (FP) overlay zone to provide
land use regulations in areas with properties situated within the
designated flood plains of rivers, creeks, streams and water courses
to protect the public health, safety and welfare and to minimize losses
to property and life due to flooding and periodic inundation by:
(a)
Restricting
or prohibiting uses which are dangerous to health, safety or property
in times of flood or cause excessive increases in flood heights or
velocities; and
(b)
Requiring
that uses vulnerable to floods, including public facilities which
serve such uses, shall be protected against flood damage at the time
of initial construction; and
(c)
Protecting
individuals from buying lands which are unsuited for intended purposes
because of flood hazard by identifying such lands.
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The flood plain overlay zone will be used as a supplement to
the basic underlying land use zone or zones.
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This zone shall be applied in a uniform manner to those properties
which, after considering evidence from flood experience and engineering
studies, are deemed subject to inundation by a 100 year flood.
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(Zoning Code, Ch. 102, § 1022.1)
A designated floodway is defined as an area consisting of the
channel of a stream and that portion of the adjoining flood plain
which would serve both to adequately accommodate flood waters to be
expected at frequent intervals in periods of heavy rainfall, including
erosion, and which would be required to reasonably provide for the
construction of flood control projects for the passage of design flood
by means of flood control channels, and including the lands necessary
for the construction of project levees.
(Zoning Code, Ch. 102, § 1022.2)
The following uses have a low flood damage potential and do
not obstruct flood flows, provided they do not require structures,
fill, or storage of materials or equipment:
(a)
Any
use permitted in the underlying zone or zones, subject to the conditions
and restrictions of such zone, except as regulated by this article;
(b)
Agricultural
uses including field crops, orchards, vineyards and grazing;
(c)
Public
recreation uses such as parks, golf courses, tennis courts, camping
areas, picnicking areas, playgrounds and athletic areas;
(d)
Residential
uses such as lawns, gardens, parking areas and play areas;
(e)
Commercial
uses such as loading and unloading areas and parking lots;
(f)
Public
flood control projects.
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No building or structure shall be constructed, erected, moved,
converted, structurally altered or enlarged, except as required by
law, in the designated floodway zone, nor shall any other condition
be permitted which would tend to cause stream channel alteration,
or effect the carrying capacity of a floodway or otherwise constitute
a threat to life and property.
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(Zoning Code, Ch. 102, § 1022.3)
The following uses shall be permitted subject to the issuance
of a conditional use permit:
(b)
Circuses,
carnivals or other similar transient amusement enterprises;
(c)
Concession
and refreshment stands and similar uses which do not require construction
of permanent buildings;
(d)
Private
flood control projects, subject to report and recommendation of the
city engineer.
(Zoning Code, Ch. 102, § 1022.4)
No structure (temporary or permanent), fill (including fill
for roads and levees), deposit, obstruction, storage of materials
or equipment, or other use may be permitted which, acting alone or
in combination with existing or future uses, unduly affects the capacity
of the floodway or unduly increases flood heights. The effects of
a proposed use shall be considered based on a reasonable assumption
that there will be an equal degree of encroachment extending for a
significant reach on both sides of the stream. In addition all floodway
uses shall be subject to the following standards:
(a)
Fill:
(1)
Any fill proposed to be deposited in the floodway must be shown to
have some beneficial purpose and the amount thereof not greater than
is necessary to achieve that purpose, as demonstrated by a plan submitted
by the owner showing the uses to which the filled land will be put
and the final dimensions of the proposed fill or other materials;
(2)
Such fill or other materials shall be protected against erosion by
rip-rap, vegetative cover, bulkheading or other method approved by
the city engineer.
(b)
Structures
(temporary or permanent):
(1)
Structures shall not be designed for human habitation;
(2)
Structures shall have a low flood damage potential;
(3)
The structure or structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum obstruction
to the flow of floodwaters.
(4)
Structures shall be firmly anchored to prevent flotation which may
result in damage to other structures, restriction of bridge openings
and other narrow sections of the stream or river; and
(5)
Service facilities such as electrical and heating equipment shall
be constructed at or above the regulatory flood protection elevation
for the particular area or floodproofed.
(c)
Storage
of material and equipment:
(1)
The storage or processing of materials that are in time of flooding
buoyant, flammable, explosive or could be injurious to human, animal
or plant life is prohibited;
(2)
Storage of other material or equipment may be allowed if not subject
to major damage by floods and firmly anchored to prevent flotation
or readily removable from the area within the time available after
flood warning.
(Zoning Code, Ch. 102, § 1022.5)
In evaluating a use for which a conditional use permit has been
requested, the planning commission shall consider the following:
(a)
The
danger to life and property due to increased flood heights or velocities
caused by encroachments;
(b)
The
danger that materials may be swept on to other lands or downstream
to the injury of others;
(c)
The
proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions;
(d)
The
susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
(e)
The
importance of the services provided by the proposed facility to the
community;
(f)
The
availability of alternative locations not subject to flooding for
the proposed use;
(g)
The
compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(h)
The
relationship of the proposed use to the comprehensive plan and flood
plain management program for the area;
(i)
The
safety of access to the property in times of flood for ordinary and
emergency vehicles;
(j)
The
expected heights, velocity, duration, rate of rise and sediment transport
of the floodwaters expected at the site;
(k)
Such
other factors which are relevant to the purposes of this chapter.
(Zoning Code, Ch. 102, § 1022.6)
The granting of approval shall not constitute a representation,
guarantee or warranty of any kind or nature of the city or the planning
commission, or by an officer or employee of either thereof, of the
practicability or safety of any structure or other plan proposed and
shall create no liability upon, or a cause of action against such
public body, officer or employee for any damage that may result pursuant
thereto.
(Zoning Code, Ch. 102, § 1022.7)
