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2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance
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2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance
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7/29/2026 10:00:09 AM
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7/7/2026 1:27:50 PM
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City Council
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Ordinances
Meeting Date
7/6/2026
Meeting Type
Regular
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<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 86 of 198 <br />(4) Standards for floodplain district conditional uses. <br /> a. No structure, facility, or land use shall be allowed in the floodway that will increase the stage of <br />the 100-year regional flood or cause an increase in flood damages in the reach or reaches <br />affected, except for railroads, essential government facilities, accessory structures for public and <br />private recreational facilities, essential utilities, marinas, docks, and other water-oriented <br />accessory structures. <br />b. No use shall result in obstruction to, or be incompatible with, preservation of those natural land <br />forms, vegetation, and wetland areas contiguous to watercourses in the city where such use will <br />detract from consistent rates of water flow. <br />c. No use shall be permitted that results in development of land or water areas necessary to <br />temporarily store excessive amounts of surface water during periods of floodwater or high water, <br />or of groundwater recharge areas, where such development may decrease the capacity of such <br />areas to temporarily store surface waters or to provide groundwater infiltration. <br />d. The use must meet the construction standards found in subsection (5) of this section. <br />e. Storage of material and equipment may be allowed below the regulatory flood protection <br />elevation if readily removable from the area within the time available after a flood warning, and <br />in accordance with a plan approved by the city council. <br />f. Commercial, recreational, and accessory uses may be allowed only where an adequate flood <br />warning system exists to allow evacuation of areas to be flooded prior to their inundation. <br />g. Industrial uses may be permitted in the floodplain district only when adequate procedures are in <br />place to limit flood interference with normal plant operations. <br />h. Temporary, on-site storage of fill or other material may be allowed that would increase the stage <br />of the 100-year or regional flood if a specific and detailed removal plan for the material is <br />accepted by the city council. The applicant shall be required to post financial security in an <br />amount not less than 125 percent of the cost of removing the material, and provide proof of <br />liability insurance as necessary to indemnify the city for any potential damage to public or private <br />property caused from possible increased flooding. <br />i. To be considered complete, all applications for a conditional use permit to construct a <br />permanent structure in the floodplain overlay district shall include an elevation certificate, (FEMA <br />Form 81-31) completed and certified by a registered land surveyor. <br />j. Structural works for flood control such as levees, dikes and floodwalls constructed to any height <br />may be allowed where the intent is to protect individual structures and levees or dikes may be <br />allowed where the intent is to protect agricultural crops for a frequency flood event equal to or <br />less than the 10-year frequency flood event, provided the provisions of subsections 90-138 (5) n. <br />and (5) o. are satisfied. <br />k. Motor homes that are currently in the floodplain that do not meet the exemption criteria <br />specified in subsection k. 1. immediately below shall be subject to the provisions of subsection (5) <br />of this section for new structures): <br />1. Exemption. Motor homes located within the city are exempt from the provisions of this <br />section if they meet the following criteria: <br />i. Have current licenses required for highway use. <br />ii. Are highway ready meaning on wheels or the internal jacking system, are <br />attached to the site only by quick disconnect type utilities commonly used in
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