Article 56. - F1 Floodway Combining District.

Purpose: to provide land use regulations for properties situated in floodways, to safeguard against the effects of bank erosion, channel shifts, increased runoff or other threats to life and property and to implement the provisions of the general plan public safety element. The application of this district shall be based upon data from the Federal Emergency Management Agency. Additional more detailed engineering analysis of flooding, erosion or other conditions may be necessary so as to prevent property damage and safeguard the health, safety and general welfare of people.

(Ord. No. 4643, 1993.)

Sec. 26-56-010. - Location and boundaries.

(a)

The F1 district shall be applied to properties which lie within the floodway as shown on the most recent FEMA maps and accompanying report. The boundaries of the floodway as indicated on the zoning maps should be considered approximate.

(b)

The provisions of this article may be waived by the decision-making body where it is demonstrated through engineering analysis, field determinations or other appropriate data, that the precise floodway boundary differs from that shown on the FEMA maps, and provided further, that FEMA approval and sign-off is first secured. No use shall be approved within the floodway that will significantly increase the flood hazard or significantly affect the carrying or storage capacity of the floodway.

(Ord. No. 4643, 1993.)

Sec. 26-56-020. - Uses within floodway.

All uses allowed within the base district with which this district is combined shall be permitted subject to the provisions of Section 26-56-030, except that no new permanent structure nor structure intended for human occupancy shall be permitted within the floodway.

(Ord. No. 4643, 1993.)

Sec. 26-56-030. - Development standards for floodways.

The decision-making body shall be guided by the following standards in administering the FW district:

(a)

The placement and type of materials used in bank stabilization shall be complementary to surrounding development and natural conditions and shall not be depreciative of surrounding property values.

(b)

Where, in the opinion of the planning director or other decision-making body, topographic data, engineering studies or other studies are needed to determine the effects of bank erosion on a proposed structure or the effect of the structure, including bank stabilization activities, on the floodway and natural vegetation, the applicant may be required to submit such data.

(c)

Within the Laguna de Santa Rosa, a "zero net fill" policy shall be enforced whereby no fill shall be permitted to be placed in the Laguna unless an engineering analysis demonstrates that no reduction in flood storage capacity would result from the placement of fill. For purposes of this article, the "Laguna" shall be defined as the Laguna de Santa Rosa and tributaries thereto which are within designated floodways on the most recent FEMA maps.

(d)

Temporary structures such as floating docks and moorage facilities may require issuance of a use permit.

(e)

Except as specifically allowed in this article, no building or structure shall be constructed, erected, moved, converted, altered or enlarged in the floodway, nor shall any other condition be allowed which would tend to cause significant stream channel alteration or adversely affect the carrying or storage capacity of a floodway, or otherwise constitute a threat to life and property. Ordinary maintenance and repair of existing nonconforming structures shall be permitted subject to the provisions of Article 94.

(Ord. No. 4643, 1993.)