The FW floodway district designates areas where special flood hazards exist. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris that become potential projectiles and since erosion is prominent, it is intended to keep the area free of land uses which are endangered by floods or which increase the danger from floods to other property. The purpose of the FW district is to protect the lives and property of persons living in areas subject to the effects of the floodway. The following provisions shall apply:

(1)

Encroachments are prohibited, including fill, new construction, substantial improvements and other development. However, proposals for development of encroachments to be used as any of the conditional uses identified herein may be considered if the following are provided in acceptable form to the city:

a.

Certification by a registered professional engineer demonstrating that the entirety of the proposed encroachment(s) which are necessary or anticipated for the intended use will not result in any increase in flood levels during occurrence of the base flood discharge.

b.

Floodway areas may come under state and federal regulations, if any subject property is in the jurisdiction of any of these agencies, the city will require specific approval from these agencies.

c.

Encroachments must conform to all other provisions of the city code including, but not limited to, the requirements of the city flood regulations, subdivision regulations, and planning regulations.

(Ord. No. 637, § 1, 5-21-2007)

(a)

All uses of land, structures, encroachments or the building or alteration of proposed structures or encroachments, whether by private or public means, shall be construed to be conditional uses and shall follow the procedures for conditional found in article II, division 3 of this chapter. The following are conditional uses which may be considered in the FW district:

(1)

Landing strips for aircraft.

(2)

Marinas and boat landings.

(3)

Public or private parks.

(b)

The conditional uses and others in character with those listed may all be considered but all are subject to the limitations cited in section 94-521 and any other applicable planning or floodway regulations.

(Ord. No. 637, § 2, 5-21-2007)