The limits of the Flood Hazard (FH) District are hereby determined to be areas subject to frequent periodic flooding and delineated on the city flood hazard boundary map as prepared by the Federal Emergency Management Agency. Provisions of this district are superimposed on and become a part of each of the other districts.

(Prior Code, app. D, art. 18(18.1); Ord. of 12-21-1998)

The intent of the regulations within this zoning district is to limit the use of such flood plain lands to:

(1)

Prevent flood damage to persons and properties and minimize expenditures for flood relief programs, flood control projects and flood damage repair.

(2)

Preserve drainage courses that will be adequate to carry stormwater runoff from existing and future land development by prohibiting any structures that would restrict or alter the free flow of flood waters and prohibiting landfills, junkyards, dumps, outdoor storage of materials or other obstructions to the flow of flood waters, except those included in the permitted uses listed in section 32-460.

(3)

Preserve natural conditions that will allow sufficient absorption to maintain an adequate subsurface water level and filter sediment from adjacent or upstream developments.

(4)

Minimize danger to public health by preserving natural drainage patterns and preventing stagnant or trapped water areas.

(Prior Code, app. D, art. 18(18.2); Ord. of 12-21-1998)

Within the flood hazard district, the following uses are permitted subject to the regulations of the original district on which the flood hazard district is superimposed:

(1)

Agriculture, including forestry and livestock raising that require no structures within the flood plain, and including agricultural and forestry access roads, provided that these roads would not restrict or alter free flow of flood waters.

(2)

Dams, provided they are constructed in accordance with specifications of the USDA Soil Conservation Service or the U.S. Army Corps of Engineers.

(3)

Fences, provided no material obstruction to the free flow of water, provided that water gaps are allowed.

(4)

Outdoor advertising signs.

(5)

Parking areas, provided that there will be proper drainage of the parking area, so that it does not obstruct the free flow of flood waters and meets the approval of the city.

(6)

Roads, provided adequate capacity for the free flow of floodwaters is provided by means of culverts or bridges, with designs approved by the state department of transportation and/or the city, and further that in no case will a culvert be located at an elevation higher than the level of the original stream bed.

(7)

Public, semi-public, private, and commercial recreation uses requiring no structures within the flood plain.

(8)

Greenbelts or yards.

(9)

Public utility poles, towers, pipelines, and sewage treatment outfalls.

(Prior Code, app. D, art. 18(18.3); Ord. of 12-21-1998)

If a property owner can demonstrate to the satisfaction of the city planning commission and the city council that an error has been made in establishing the flood hazard district boundary line and that his property or a designated portion of it that now lies in the flood hazard district is actually not subject to flooding, the planning commission and city council may recommend correction of the flood hazard district boundary line in question accordingly.

(Prior Code, app. D, art. 18(18.4); Ord. of 12-21-1998)

(a)

The granting of a building permit in any flood hazard district shall not constitute a representation, guarantee, or warranty of any kind by the city or by an official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against such public body, official or employee for any damage that may result pursuant thereto.

(b)

Although alluvial soils represent the area most often inundated by waters and represent the most realistic flood plain, infrequent flood will exceed the limits of alluvial soils. The designation of flood hazard districts shall not constitute a representation, guarantee or warranty of any kind by the city or by an official or employee thereof that lands outside of such districts are not also subject to flooding.

(Prior Code, app. D, art. 18(18.5); Ord. of 12-21-1998)