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underline-strikeout version of the final draft ordinance - Pima County ...

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!Chapter 16.24FLOODWAY REQUIREMENTSSections:16.24.010 Uses allowed in <strong>the</strong> floodway.16.24.020 Prohibited Limited and unallowable uses in a floodway.16.24.030 Flood control structures.16.24.040 Public right-<strong>of</strong>-way.16.24.050 Floodway appeals and variances.16.24.010Uses allowed in <strong>the</strong> floodway.Except as provided for in this chapter, no o<strong>the</strong>r use shall be allowed in any floodway. Thefollowing open space uses shall be permitted within a floodway to <strong>the</strong> extent that <strong>the</strong>y are notprohibited by any provision <strong>of</strong> this title or any o<strong>the</strong>r title, law, or regulation; and provided <strong>the</strong>ydo not require fill, excavation, structures, or <strong>the</strong> storage <strong>of</strong> materials or equipment:A. Agricultural uses including general farming, pasture, grazing, outdoor plant nurseries,horticulture, truck farming, sod farming, and wild crop harvesting;B. Industrial-commercial uses such as loading areas, airport landing strips, parking areas;C. Private and public recreational uses including golf courses, tennis courts, driving ranges,archery ranges, picnic grounds, parks, wildlife and nature preserves, game farms, shootingpreserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horsebackriding trails; andD. Accessory residential uses, including lawns, gardens, parking areas and play areas. (Ord. 2005FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 8 (A) 1988)16.24.020Limited and pProhibited uses in a floodway.No use shall be allowed which:A. Acting alone or in combination with existing or future uses creates a danger or hazard to lifeor property. In determining whe<strong>the</strong>r a use creates a danger or hazard to life or property, <strong>the</strong> ChiefEngineer may consider <strong>the</strong> hazard <strong>of</strong> <strong>the</strong> proposed use and impacts to adjacent structures. requirea certification, sealed by an Arizona registered pr<strong>of</strong>essional civil engineer that <strong>the</strong> proposed usewill not result in any increase in <strong>the</strong> floodway elevations during <strong>the</strong> occurrence <strong>of</strong> <strong>the</strong> base flood,nor will <strong>the</strong> proposed useB. Ddiverts, retards, or obstructs <strong>the</strong> flow <strong>of</strong> regulatory flood waters;BC. Increases <strong>the</strong> floodwaybase flood elevations, as certified by an Arizona registered civilengineer;CD. Increases erosion potential upstream and/or downstream; andDE. Places a waste disposal-system wholly or partially in a floodway; orF. Requires <strong>the</strong> use <strong>of</strong> fill, excavation, structures or storage <strong>of</strong> materials or equipment for aperiod greater than 180 calendar days. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005; Ord.1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 8 (C), 1988)16.24.030Flood control structures.40

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