a)

Land in the floodway and special flood hazard area may be used for the following purposes, provided that such uses are designed and constructed to minimize clearing, grading, erosion and water quality degradation:

1)

Crossings by streets, driveways, culverts and railroads;

2)

Active and passive recreational activities authorized in the zoning district in which the property is situated;

3)

Intakes, docks, utilities (including water and wastewater treatment, stormwater control and sedimentation and erosion control facilities), bridges, other public facilities and water-dependent structures;

4)

Wetlands constructed or restored for mitigation purposes;

5)

Redevelopment pursuant to section 17-2-4, below; and

6)

Land within the floodway and special flood hazard area can serve to meet minimum lot size requirements if there is sufficient buildable area remaining on the tract.

b)

Land in the special flood hazard area may be used for up to 25 percent of the parking required for the development on the tract; provided, there is no increase in the elevation of the land resulting in a loss of flood storage. Furthermore, no more than one-third of the special flood hazard area on any development tract shall be used for parking. Parking in the special flood hazard area shall undergo development review in accordance with article VII, above. In considering the application for development approval, the city shall consider whether the proposed parking on the site is designed and arranged to minimize adverse environmental impact from placement of parking in the special flood hazard area and whether the proposed development would result in significant degradation of water quality, loss of significant wetlands, increase in sedimentation and erosion, increase in stormwater runoff, loss of significant plant and wildlife habitat or would otherwise constitute a threat to public safety. Where feasible, the proposed parking shall be designed making maximum use of pervious materials.

c)

Streets and driveways may run generally within special flood hazard area and parallel to the stream only where no other access to the property is feasible. Such streets and driveways shall be designed to minimize loss of flood storage.

d)

In order to allow design flexibility to achieve high quality site design and better utilization of land adjacent to the special flood hazard area, a property owner or developer may fill and/or use for development up to ten percent of the special flood hazard area contained within the boundaries of any development site upon satisfactorily demonstrating the following:

1)

The proposed fill and/or development provides for a higher quality site design and better utilization of land adjacent to the special flood hazard area than would be possible without the intrusion necessary to achieve the high quality design; and

2)

The proposed fill and/or development represents the minimum amount of special flood hazard area intrusion necessary to achieve the high quality design.

Public and private roads and sidewalks shall not count toward the allowable ten percent of the special flood hazard area on a tract that can be filled and/or used for development in accordance with section 17-2-2(d).

A property owner or developer may fill and/or use for development more than ten percent of the special flood hazard area when such would be necessary so that the property to be developed, including both the special flood hazard area and land adjacent thereto, equals one-half acre.

e)

Notwithstanding the foregoing, for parcels existing prior to the effective date of this ordinance situated entirely within the 100-year flood plain as depicted on the most recent Flood Insurance Rate Map, a property owner or developer may fill and/or use for development up to one-half acre or ten percent of such property, whichever is greater. Provided, however, in order to develop such lands, the property owner or developer must comply with all applicable regulations of the Federal Emergency Management Administration including obtaining a "no-rise" certificate, if necessary.

Furthermore, in order to qualify for the exception contained in this paragraph, proposed development shall be situated and designed in such a way as to be consistent with the purposes of this article as set forth in section 17-1, above.

f)

It is intended that this ordinance be congruous with the City of Hendersonville Flood Damage Prevention Ordinance. Therefore, any uses, development or land disturbing activity allowed by section 17-2 shall be conducted in accordance with the requirements of the flood damage prevention ordinance, including, without limitation, the requirement to obtain a "no-rise" certificate for activities within the floodway.