Findings of fact of the city's special provisions for floodplains and land adjoining floodplains are contained in chapter 14A, Floodplains, of this Code.

(Ord. No. 72-44, 7-24-72; Ord. No. 15-02, Amend. No. 1, 1-12-15)

The purpose of the city's special provisions for floodplains and land adjoining floodplains are contained in chapter 14A, Floodplains, of this Code.

(Ord. No. 72-44, 7-24-72; Ord. No. 15-02, Amend. No. 2, 1-12-15)

Definitions of the city's special provisions for floodplains and land adjoining floodplains are contained in chapter 14A, Floodplains, of this Code.

(Ord. No. 72-44, 7-24-72; Ord. No. 88-13, Amend. No. 1, 6-13-88; Ord. No. 15-02, Amend. No. 3, 1-12-15)

(a)

The official zoning map, adopted as part of this chapter, includes within the special flood hazard area, formerly known as the open floodway district (OFD), those areas of the city which are subject to the 100-year flood, as shown on the flood insurance rate map that accompanies the flood insurance study prepared for the city by the Federal Emergency Management Agency, dated February 4, 2015, or the most recent revision thereof.

(b)

Interpretation of district boundaries. The boundaries of the special flood hazard area (SFHA), formerly known as the open floodway district (OFD), shall be determined by using the flood frequency profiles provided in the flood insurance study. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, the planning director and director of public works shall make the necessary interpretation. Any person contesting the location of the district boundary shall have the burden of establishing that such land does not lie within the special flood hazard area as defined in this article.

(c)

Changes in the special flood hazard area. The delineation of the special flood hazard area, formerly known as the open floodway district (OFD), as shown on the official zoning map, can be revised and modified by the city council where there are changes through natural or other causes in the general floodplain or where changes can be validated by further detailed engineering studies employing on-site survey techniques with the prior approval of the Federal Insurance Administration.

(d)

Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the special flood hazard area, formerly known as the open floodway district (OFD), boundaries or land uses permitted or existing within such district will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Ord. No. 72-44, 7-24-72; Ord. No. 88-5, Amend. no. 2, 3-14-88; Ord. No. 88-13, Amend. No. 2, 6-13-88; Ord. No. 96-4, Amend. No. 1, 5-13-96; Ord. No. 98-19, Amend. No. 1, 7-13-98; Ord. No. 15-02, Amend. No. 4, 1-12-15; Ord. No. 16-05, Amend. No. 12, 1-25-16)

(a)

Special flood hazard area (formerly known as open floodway district (OFD)).

(1)

Permitted uses. The following open space uses shall be permitted within the special flood hazard area, formerly known as the open floodway district (OFD), to the extent that they are not prohibited by any other article in this chapter and provided they do not require structures, fill, or storage of materials or equipment except where specifically permitted. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system.

a.

Agricultural uses such as farming pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, and wild crop harvesting.

b.

Private and public recreational use such as golf courses, driving ranges, archery ranges, picnic grounds, parks, wildlife and nature preserves, game farms, hunting and fishing areas, hiking and horseback riding trails, and bicycle paths.

c.

Residential uses such as lawns, gardens, play areas, side yards, and rear yards.

d.

Open space required for development of any lot or tract in any district contiguous to the special flood hazard area, formerly known as the open floodway district (OFD).

e.

Minor excavation or grading, defined as excavation or grading in the floodway fringe impacting an area of less than 5,000 square feet in which the finished elevation change does not exceed six inches, may be allowed if approved by the director of public works and water resources or their designee. The applicant shall submit adequate information to show the grading change does not reduce the storage volume of the SFHA or cause any rise in the flood elevation upstream of the proposed change. The director of public works and water resources or their designee may require specifications to enhance the riparian buffer. If the director of public works and water resources or their designee objects for any reason the applicant may appeal by applying for a special use permit to be considered by council as provided for in Section 32-78 of this Code.

f.

Minor accessory structures located in the floodway fringe with a ground surface area of less than 50 square feet may be allowed if approved by the director of public works and water resources or their designee. The structure shall meet the requirements as outlined in Section 32-96(a)(2)g of this Code. The applicant shall submit adequate information to show the structure will not impede the flow of flood water, reduce the storage volume of the SFHA, or cause any rise in the flood elevation upstream of the proposed change. If the director of public works and water resources or their designee objects for any reason, the applicant may appeal by applying for a special use permit to be considered by council as provided for in Section 32-78 of this Code.

(2)

Conditional uses. The following uses shall be permitted in the special flood hazard area, formerly known as the open floodway district (OFD), upon approval by the city council of a special use permit as provided for in sections 32-95 and 32-78 of this Code; except that no uses shall be permitted, including fill, new construction, substantial improvements, and other development within the regulatory floodway that would result in any increase in flood levels within the community during the occurrence of the 100-year flood:

a.

Outlet installations for sewage treatment plants and sewage pumping stations.

b.

Sealed public water supply wells.

c.

Dams, culverts, and bridges.

d.

Roads, driveways, or parking areas (both private and public) with permeable surfaces.

e.

Temporary or permanent grading or regrading of lands not allowed in Section 32-96(a)(1)e including deposits of topsoils and the grading thereof, and the construction of retaining walls for which a plan must be filed including a detailed engineering study indicating the effects on drainage, streams, and all adjacent properties and on its relationship to the special flood hazard area, formerly known as the open floodway district (OFD).

f.

Utility transmission lines.

g.

Accessory structures to any permitted use as described in Section 32-96(a)(1) to include gazebos, pavilions, benches, tables, and related recreational equipment, and functional miscellaneous outbuildings not allowed in Section 32-96(a)(1)f are included if they:

1.

Are limited to parking or limited storage;

2.

Are built using unfinished and flood resistant materials;

3.

Are adequately anchored to prevent flotation, collapse, or lateral movement of the structure and are designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. At a minimum, two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade and all openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

4.

Any mechanical and utility equipment must be elevated 18 inches above base flood.

h.

For reconstruction, improvement, or rebuilding of an existing building(s) or foundation(s) of a previously existing building(s) that has been abandoned, or otherwise unoccupied for a period of more than one year, such improvement or rebuilding shall be limited to the confines of the existing building(s) or building foundation(s). The use or the uses of the building(s) shall be limited to the most immediate prior use, unless, site plan approval is granted pursuant to article XXVII of this chapter, in which case permitted uses shall be limited to residential uses and uses permitted in conjunction with residential uses enumerated in that article. All reconstruction, improvement, or rebuilding permitted in this subsection shall comply with all other applicable city regulations and, the lowest floor (including basement), which shall mean the lowest floor of the lowest enclosed area (including basement), shall be elevated to or above the base level flood (100-year flood) plus 18 inches, unless the applicant is granted an exception by the Federal Emergency Management Agency. The storage or processing of materials within the special flood hazard area, formerly known as the open floodway district (OFD), that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, is prohibited. In the case of nonresidential structures, the applicant shall, in addition, have the following options:

1.

Elevating the lowest floor, as defined herein, must be elevated 18 inches above base flood; or

2.

Designing the improvements and the attendant utility and sanitary facilities so that the walls below the elevation of the 100-year flood shall be watertight with walls substantially impermeable to the passage of water and with structure components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Such flood proofing methods shall be certified by a registered professional engineer or architect as being adequate to withstand the flood depths, pressures, velocities, impact, and uplift forces and other factors associated with the 100-year flood and this certification shall accompany any construction improvement plans filed with the building department subsequent to approval of a special use permit by city council.

(3)

Factors to be considered for granting of special use permit. In determining the issuance of a special use permit, the city council shall, in addition to the requirements as provided in Section 32-78, consider the following:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to provide safe, reliable service during flooding conditions and to avoid disease; contamination and unsanitary conditions.

d.

The susceptibility of the proposed use to flood damage and the effect of such damage on the owner.

e.

The importance of the proposed use to the community.

f.

The requirements of the use for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

Measures to minimize reduction of floodwater storage.

i.

Floodproofing measures.

j.

Erosion-control measures.

k.

No new construction, substantial improvements, or other development (including fill) shall increase the water surface elevation of the base flood (100-year flood).

l.

Notification as required by the National Flood Insurance Program, be sent by the developer to New Caste [Castle] County, the state flood insurance coordinating office, and the Federal Insurance Administration regarding proposed alteration or relocation of watercourses.

m.

Assurances with documenting evidence that the flood carrying capacity within the altered or relocated portion of any watercourses.

n.

All necessary federal and state permits have been received by the city.

(b)

Reserved.

(Ord. No. 72-44, 7-24-72; Ord. No. 72-50, 9-11-72; Ord. No. 77-35, Amend. No. 1, 7-11-77; Ord. No. 78-2, Amend. No. 1, 1-9-78; Ord. No. 88-13, Amend. Nos. 3, 4, 6-13-88; Ord. No. 93-20, Amend. No. 1, 10-25-93; Ord. No. 96-4, Amend. No. 2, 5-13-96; Ord. No. 98-15, 6-22-98; Ord. No. 15-02, Amend. No. 5, 1-12-15; Ord. No. 16-05, Amend. Nos. 13, 14, 1-25-16; Ord. No. 18-16, Amend. No. 3, 7-23-18)