The purpose of this article regulations is to protect those areas of the city which are subject to periodic inundation from floodwaters of the major rivers, their branches and tributaries within the city so that the reservoir capacity shall not be significantly reduced, thereby creating changes to areas previously not so endangered in time of high water, or to impede, retard, accelerate or change the direction of the flow or carrying capacity of the river valley or to otherwise increase the possibility of flood. These regulations, while permitting reasonable use of such properties, will help protect human life, safety, health and general welfare, and prevent or minimize material or economic losses, through public aid and relief efforts occasioned by the unwise occupancy of such flood areas. All land and land uses within the floodplain area shall be subject to the requirements specified herein, in addition to the zoning district requirements of the zones in which such lands are located.

(Ord. No. 38, § 6.6.1, 3-11-1955)

The floodplain within the city is all of the land which would be inundated during an intermediate regional flood. The flood hazard boundary map (Department of Housing and Urban Development Community No. 260091A) shall serve as the official floodplain zoning map, until the flood insurance rate map, becomes available. The flood insurance rate map shall take precedence over all prior maps and serve as the official floodplain zoning map. The official floodplain zoning map may be subject to alteration with any significant change in land use, including the indirect impact of such a change that seriously impedes, retards, accelerates or changes the direction of flow or carrying capacity of the watercourse or which otherwise increases the possibility of flood. The official floodplain zoning map is on file at the office of the city clerk.

(Ord. No. 38, § 6.6.2, 3-11-1955)

Notwithstanding any other provisions of this chapter within the floodplains no building or structure shall be erected, converted or structurally altered, and no land and/or structure shall be used except for one or more of the following uses:

(1)

Open space uses, such as crop farming and gardening (not including related buildings), parks, playgrounds, golf courses, nature preserves, bridle trails and nature paths, private and commercial recreation and other similar, open spaces.

(2)

Public rights-of-way, private drives and off-street parking uses, provided that all parking shall be at grade level and in conformance with the provisions of article VIII of this chapter.

(3)

Public utility facilities, provided utilities are constructed or elevated to withstand flood damages and are as further regulated by this chapter.

(4)

Storage yards for materials and equipment, not including flammable liquids which are not subject to removal or major damage by floodwaters.

(Ord. No. 38, § 6.6.3, 3-11-1955)

The following uses of land and structures may be permitted within the floodplain upon application for and issuance of a special use permit with specified procedures and requirements as outlines, and shall be subject to a finding of the zoning administrator that requirements of this section are satisfied. Any use permitted by right or special use permit within the zone district shall be permitted within the floodplain, provided:

(1)

The use pattern and the structure proposed to accomplish such use shall be so designed as to not significantly reduce the impoundment capacity of the floodplain and the flow of water by the use of stilts, cantilevering, or such other design techniques which will place the desired buildings above the intermediate regional flood high water level of the site in a safe manner so such structure or building will withstand the anticipated velocity of the floodwaters and not suffer flood damage.

(2)

All buildings substantially improved or newly constructed shall have a minimum floor elevation of the lowest floor, including the basement, of not less than the high water level of the intermediate regional flood and shall further incorporate elevation for floodproofing of the structure and all attendant utility and sanitary facilities up to the level of the intermediate regional flood.

(Ord. No. 38, § 6.6.4, 3-11-1955)

Prior to the issuance of a special use permit or a building permit for structures on/or adjacent to floodplain areas, the zoning administrator shall require the applicant for such permit to submit topographic data, engineering studies, proposed site plans or other similar data needed to determine the possible effects of flooding on a proposed structure and/or the effect of the structure on the flow of water. All such required data shall be prepared by technically qualified persons. Review of the data submitted and application for special use permit shall be processed according to the procedures described in article X, division 2, of this chapter.

(Ord. No. 38, § 6.6.5, 3-11-1955)

Dumping or backfilling in the floodplain areas with any material in any manner is prohibited unless, through compensating excavation and shaping of the floodplain, it is provided that the flow and natural impoundment capacity of the floodplain will be maintained or improved so that no significant or measurable change in flow or reduction in impoundment capacity of the floodplain would thereby result. Where there is dumping, backfilling or excavation, in any manner, adequate site plans and engineering drawings shall be submitted to the zoning administrator which must effectively show the final results of such action.

(Ord. No. 38, § 6.6.6, 3-11-1955)

(a)

It is the intent of this chapter to permit existing uses to continue in the floodplain until they are removed, but not to encourage their survival.

(b)

It is recognized there exists within the floodplain lots and structures which were unlawful before this chapter was passed or amended, which would be prohibited, regulated or restricted under terms of this chapter or future amendments.

(c)

Such uses are declared by this chapter to be incompatible with permitted uses in the floodplain. It is further the intent of this chapter that illegal uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited in the floodplain.

(d)

Should a structure located in the floodplain be damaged by any means to an extent of more than 60 percent of the structure's pre-catastrophe market value, as recorded by the assessing officer, it shall not be reconstructed. The damage to the structure is the expenditure necessary to return the structure to its condition before destruction and shall be determined by the zoning administrator after:

(1)

Receiving an estimate of the structural damage from the fire chief;

(2)

Receiving a figure representing the difference between the pre-catastrophe market value of the structure and the post-catastrophe value as determined by the assessing officer;

(3)

Dividing the sum of the figure derived from the fire chief and from the assessing officer by two.

(e)

Any building damaged by any means to an extent of less than 60 percent of the structure's pre-catastrophe market value, as recorded by the assessing officer, may be modified, repaired or replaced, but any alterations must incorporate floodproofing of utility and sanitary facilities up to the level of the intermediate regional flood. The costs of such improvements for floodproofing shall not be included in determining the damage costs.

(f)

The board of appeals may permit reconstruction of a use if it is adequately protected against flood damage, is not located in the floodway, and not allowing reconstruction would create undue hardship on the appellant.

(Ord. No. 38, § 6.6.7, 3-11-1955)

Under no circumstances shall the city incur any liability whatsoever for the granting of any use or building in floodplain areas.

(Ord. No. 38, § 6.6.8, 3-11-1955)