This district is created in order to provide appropriate land use regulations for areas which have a one percent (1%) probability for flooding in any year, the one hundred year flood plain. It is intended to permit only those uses and structures in such areas which will not adversely affect the hydraulic characteristics of the floodway and will not result in loss of life or heavy property damage at a time of high water. Unlike other zoning districts created by this ordinance, a Flood Plain District may overlap the boundaries of a different district, providing a set of additional restrictions in the overlapping area.

In considering any petition to the Planning [and Zoning] Commission for Uses Permitted by Special Permit, the burden of proof shall be on the petitioner to show, by competent engineering data prepared by a registered engineer, that the danger from flood water has been eliminated for the proposed use. The regulations for this district are based on Section 1910.3 of Rules and Regulations published in Federal Register of September 10, 1971.

A Floodway District as shown on the Flood Insurance Rate Map is established to meet the needs of the flood-prone area of Moundville to carry abnormal flows of water in time of flood, to prevent encroachments into the district which will unduly increase flood heights and damage, and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard. Within the Floodway District, the following provisions shall apply:

Uses Permitted in FW: The following uses are permitted subject to approval of the Planning and Zoning Commission and to such conditions as the Planning and Zoning Commission may specify to protect the public interest, and which do not conflict with uses permitted in the overlapped districts, if any.

a.

Open-type uses, such as loading and unloading areas, parking lots, used car lots, billboards, and gardens auxiliary to uses permitted in any adjoining district.

b.

Storage yards for equipment and material not subject to major damage by floods, and which would not float away, provided such use is auxiliary to uses permitted in adjoining district and materials do not include inflammables such a gasoline.

c.

Open-type public and private recreation facilities such as public parks, golf courses and driving ranges, drive-in theaters, fishing lakes, and boat docks.

d.

Circus, carnival, and similar transient amusement enterprises.

e.

Agricultural uses, including farming, grazing and livestock raising.

f.

Utilities, road and railroad bridges, electric and other transmission lines, but not transformer stations.

g.

Any other uses customarily accessory or incidental to the above uses.

Uses prohibited in FW:

a.

Structures designed for or utilized for human habitation.

b.

Structures which could be floated away and thus further restrict bridge openings and other restricted sections of the stream.

c.

Filling of land or dumping of debris.

d.

Storage of materials, such as logs, lumber, tanks, etc., which could be floated away and restrict bridge openings.

e.

Storage of toxic chemicals or inflammables such as gasoline.

Special provisions. No permit shall be issued for the construction of any building or any use within the Floodway District until the plans for such construction or use have been submitted to the Planning and Zoning Commission and approval is given in writing for such construction or use. The Planning and Zoning Commission may make its approval subject to such conditions necessary to carry out the purpose of this district. In its review of plans submitted, the Planning and Zoning Commission shall be guided by the following standards, keeping in mind that the purpose of this district is to prevent encroachment into the floodway which will unduly increase flood heights, and endanger life and property. Any uses permitted shall be a type not appreciably damaged by flood waters. Any structures permitted shall be designed, constructed, and placed so as to offer the minimum obstruction to the flow of water. Where, in the opinion of the Planning and Zoning Commission, there is need for topographical data, engineering studies or other information to determine the effects of flooding on a proposed structure or the effect of the structure on the flow of water, the Planning and Zoning Commission may require the applicant to submit such information. The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the Town [City] of Moundville or the Town [City] Planning and Zoning Commission, or by any officer or employee of either thereof, of the practicality of safety of any structure or use proposed and shall create no liability upon or cause action against such public body, officer, or employee for any damage that may result pursuant thereto.

Uses permitted. The following uses shall be permitted within the Floodway Fringe District to the extent that they are not prohibited by any other ordinance and are otherwise allowed by this ordinance in the overlapped District, if any:

1.

Any open use permitted in Section 8-2 Floodway District (p.96).

2.

Any other non-structural use provided it is elevated above the regulatory flood protection elevation and a determination is made by the city engineer or other designated city employee that the use will not unduly restrict the capacity of the channels or floodway or tributaries to the main street, drainage ditches, or any other drainage facilities or streams.

3.

Structures constructed on fill provided the first floor or basement floor is above the regulatory flood protection elevation. The fill shall be at a point no lower than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at fifteen (15) feet beyond the limits of any structure or building erected thereon.

Special Provisions. The following uses and structures are permitted only upon approval of the Planning and Zoning Commission and subject to the following provisions:

Structures, if adequately floodproofed or otherwise protected to a point above the regulatory flood protection elevation.

(1)

In both FW and FF districts, new construction, substantial improvement or major repairs in flood hazard area must be anchored to prevent movement or collapse, use flood resistant materials and equipment, and use construction methods to minimize flood damage.

(2)

In both FW and FF districts, subdivisions and new development must be designed to minimize flood damage, locate and construct new utilities to minimize or eliminate flood damage, provide adequate drainage, eliminate or minimize infiltration in new water and sewer systems, and on-site waste disposal system designed to avoid impairment by flood waters.

(3)

In FW, lowest floor of new construction or substantial improvement located will be at 100-year flood level for residences. Non-residential construction will be at or above the 100-year flood level or floodproofed.

(4)

In FW, in river areas, no use will raise 100-year flood level more than 1 foot, designated floodway must pass 100-year flood flow, new or modified uses in FW will not raise level of 100-year flood, and encroachments in FW must be offset by channel improvements.