The purpose of the FP district is to guide development in the floodway and floodway fringe areas of any watercourse that floods, and to minimize the expense and inconveniences to the individual property owners and the general public caused by flooding. Uses permitted and conditional uses that are authorized in this district are generally associated with open space, recreational and agricultural land uses and shall not hinder the movement of floodwaters. The FP district is superimposed over other districts. (Ord. 341, 9-10-1996)

All uses are permitted in the respective districts with which the FP district is combined, with the exception that structures used in carrying out those permitted activities must be approved by the city council under the special use permit procedure and deemed appropriate to be located within the floodway or floodway fringe. (Ord. 341, 9-10-1996)

When authorized under the procedure provided for special uses in this title, the following uses will be permitted in an FP floodplain overlay district:

   A.   Structures used in carrying out permitted activities, provided detailed engineering data is supplied by the applicant who bears the burden of proof that such structures can be located in areas of plateaus, benches or upon manmade fills or can be otherwise elevated so as not to be affected by floodwaters, provided that:

      1.   Sewer and water systems shall be floodproofed and approved by the district health department or the department of health and welfare that has jurisdiction; and

      2.   No building or structure shall be erected and no existing building or structure shall be extended or moved unless the main floor of said building or structure is placed a minimum of one foot (1') above the elevation of the 100-year flood level. No basement floor shall be below this one foot (1') safety margin. Foundations of all structures shall be designed and constructed to withstand flood conditions at the site; and

   B.   Other structures used in carrying out permitted activities, provided such structures will not be subject to substantial flood damage and will not increase flood related damages on other lands. These may include structures which can be readily removed from flood hazard areas during periods of high water. (Ord. 341, 9-10-1996)

   A.   General: Conditions that may be required by the city council in approving the use of structures in an FP floodplain overlay district shall include:

      1.   Limitations on periods of use and operation;

      2.   Imposition of deed restrictions;

      3.   Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge;

      4.   Requirements for construction of channel modifications, dikes, levees and other protective measures;

      5.   Placement of survey bench marks; and

      6.   Floodproofing measures designed to be consistent with the flood protection elevation for a particular area:

         a.   Anchorage to resist flotation, collapse and lateral movement;

         b.   Installation of watertight doors, bulkheads and shutters;

         c.   Reinforcement of walls to resist water pressures;

         d.   Use of paints, membranes or mortars to reduce seepage of water through walls;

         e.   Addition of mass or weight to structures to resist flotation;

         f.   Installation of pumps to lower water levels in structures;

         g.   Construction of on site water supply and waste treatment systems to minimize or eliminate infiltration of floodwaters into the system and discharges from the system into floodwaters;

         h.   Pumping facilities for subsurface external foundation wall and basement flood pressures;

         i.   Construction to resist rupture or collapse caused by water pressure or floating debris;

         j.   Cutoff valves on sewage lines or the elimination of gravity flow basement drains; and

         k.   Location of on site waste disposal systems so as to avoid impairment of them or contamination from them during flooding.

   B.   Storage Of Materials And Equipment: Materials that are buoyant, flammable, noxious, toxic or otherwise injurious to persons or property if transported by floodwaters are prohibited. Storage of materials and equipment not having these characteristics is permissible only if the materials and equipment have low damage potential and are anchored or are readily removable from the area within the time available after forecasting and warning.

   C.   Affect On Other Property Owners: The evaluation of the effect on a proposed use in the floodway and floodway fringe areas causing increases in flood heights is based not just on the effect of the single use acting alone but upon the reasonable assumption that other land owners within the floodplain may need to be allowed to develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such encroachments must be considered by the city council in making any decision. Construction materials which resist damage caused by flooding shall be used in that portion of a structure subject to flooding.

   D.   Height, Yard And Area Restrictions: Restrictions regarding height, rear yards, side yards, front yard setback, minimum lot area, signs, vision clearance and parking space shall be the same as set forth in each specific district located within the FP floodplain overlay district area. (Ord. 341, 9-10-1996)

It shall be unlawful to erect, alter, maintain or establish in an FP floodplain overlay district any building, use or occupancy not permitted or allowed in the foregoing provisions, except existing nonconforming uses may continue as herein provided. (Ord. 341, 9-10-1996)

The granting of approval of any structure or use shall not constitute a representation, guarantee or warranty of any kind or nature from or by the city council or the commission or by any officer or employee thereof, of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause of action against such public body, officer or employee for any damage that may result pursuant thereto. (Ord. 341, 9-10-1996)