A.

Application and description. These regulations shall apply to all properties designated as within the floodway. Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of floodway in section 26-802). Located within SFHA established in section 26-804, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:

1.

Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a no-rise certification) in flood levels within the community during the occurrence of the base flood discharge.

2.

If section 26-805 A.1. above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of section 26-806.

3.

Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA.

B.

Permitted uses. The following open uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning and do not include any structures, filling or deposition of materials, and do not cause any increase in the base flood elevation of the floodway.

1.

Agricultural uses such as general farming, pasture, forestry, and urban gardens;

2.

Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, picnic grounds, wildlife and nature preserves, and fishing and hiking areas, expressly excluding any use involving tents or makeshift structures used for human habitation.

3.

Utility facilities such as ditches, transmission lines, pipelines, water monitoring devices, roadways, and bridges;

4.

Uses very similar in nature to these permitted uses may be allowed, provided that they are consistent with the provisions of these regulations.

Except for the agricultural uses, the other uses shall require a class 1 floodplain permit in accordance with section 26-808.

C.

Special exceptions. The following uses are permitted in the floodway subject to special requirements as noted:

1.

Structures for human occupancy which were in existence as of February 26, 2001, subject to section 26-807 (nonconforming uses) and the requirements of section 26-806 D., E. and F., provided, however, that a floodplain permit shall not be required.

D.

Prohibited uses.

1.

Structures, fill, or deposition of materials shall be prohibited in the floodway.

2.

All uses prohibited within the SFHA under subsection 26-806 C.

(Ord. No. 1544, § 1, 1-13-14; Ord. No. 1716, §§ 6, 7, 7-12-21)