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Ordinance Language
<br />and repair, or repair after damage to existing nonconforming
<br />structures and nonconforming uses of structures or land are regulated
<br />by the general provisions of this ordinance and specifically Section
<br />11.0.
<br />3.23 All structures must be constructed with electrical, heating, ventilation,
<br />plumbing, and air conditioning equipment and other service facilities
<br />that are designed and/or located so as to prevent water from entering
<br />or accumulating within the components during conditions of flooding.
<br />0.24 As -built elevations for elevated or floodproofed structures must be
<br />certified by ground surveys and flood -proofing techniques must be
<br />designed and certified by a registered professional engineer or
<br />architect as specified in the general provisions of this ordinance and
<br />specifically as stated in Section 10.0 of this ordinance.
<br />3.25 Critical facilities, as defined in Section 2.915, are prohibited in all
<br />floodplain districts.
<br />SECTION 4.0 FLOODWAY DISTRICT (FW)
<br />4.1 Permitted Uses: The following uses, subject to the standards set forth in
<br />Section 4.2, are permitted uses if otherwise allowed in the underlying zoning
<br />district or any applicable overlay district:
<br />4.11 General farming, pasture, grazing, outdoor plant nurseries,
<br />horticulture, truck farming, forestry, sod farming, and wild crop
<br />harvesting.
<br />4.12 Industrial -commercial loading areas, parking areas, and airport landing
<br />strips.
<br />4.13 Open space uses, including but not limited to private and public golf
<br />courses, tennis courts, driving ranges, archery ranges, picnic grounds,
<br />boat launching ramps, swimming areas, parks, wildlife and nature
<br />preserves, game farms, fish hatcheries, shooting preserves, hunting
<br />and fishing areas, and single or multiple purpose recreational trails.
<br />4.14 Residential lawns, gardens, parking areas, and play areas.
<br />4.15 Railroads, streets, bridges, utility transmission lines and pipelines,
<br />provided that the Department of Natural Resources' Area Hydrologist
<br />is notified at least ten days prior to issuance of any permit, and that
<br />the standards in Sections 4.41, 4.43(a) and 4.46 of this ordinance are
<br />met.
<br />4.2 Standards for Floodway Permitted Uses:
<br />4.21 The use must have a low flood damage potential.
<br />4.22 With the exception of the uses listed in Section 4.15, the use must not
<br />obstruct flood flows or increase flood elevations and must not involve
<br />structures, fill, obstructions, excavations or storage of materials or
<br />equipment.
<br />4.23 Any facility that will be used by employees or the general public must
<br />be designed with a flood warning system that provides adequate time
<br />July 2015 7
<br />Commentary
<br />Item 3.23 is mandatory based on 44 CFR
<br />60(a)(3), from which this language is drawn.
<br />Optional but recommended lanauaae in 3.25
<br />would prohibit critical facilities in all
<br />floodplain districts. This is a higher
<br />regulatory standard intended to keep critical
<br />infrastructure and concentrations of people
<br />out of floodplain areas.
<br />It is critical that the floodway be protected so
<br />that it can transport and store the waters of
<br />the regional (100-year) flood without
<br />increased flood heights or velocities or
<br />threats to public health and safety.
<br />Note that communities are not required to
<br />adopt all of the listed uses, but must provide
<br />for some use of the floodway land. Other
<br />similar uses may be included in this section if
<br />they meet the standards in Section 4.2. If a
<br />community wishes to restrict all floodplain
<br />districts to only these permitted floodway
<br />uses, see the DNR's "Restrictive Ordinance."
<br />4.15: Earlier versions of the DNR sample
<br />ordinances listed utility and transportation
<br />uses as conditional uses. In this version, these
<br />uses are permitted if DNR is notified and
<br />certain standards are met
<br />Higher standards for floodway protection
<br />could include limiting impervious coverage in
<br />the floodway, in order to facilitate infiltration
<br />of rainfall.
<br />Commented [TG29]: 117-182 (b)(3)
<br />Commented ITG301: Not in current City Code. Staff
<br />recommends that this NOT be added.
<br />Commented [TG31]:117-183
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