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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 16.26FLOODWAY FRINGE AREA REQUIREMENTSSections:16.26.010 Uses allowed.16.26.020 Conditions applicable to all uses.16.26.030 Elevations and flood pro<strong>of</strong>ing.16.26.040 Fill and fill materials.16.26.050 Structures - Construction restrictions.16.26.055 Critical facilities.16.26.060 Storage <strong>of</strong> materials and equipment.16.26.070 Utilities and sanitary facilities.16.26.080 Public right-<strong>of</strong>-way.16.26.090 Floodway fringe appeals and variances.16.26.010Uses allowed.Any use, to <strong>the</strong> extent not prohibited by this title or any o<strong>the</strong>r title or law, is allowed within <strong>the</strong>floodway fringe area, (Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 9 (A), 1988)16.26.020Conditions applicable to all uses.A. The following general conditions, as set out in Sections 16.26.030 through 16.26.070, shallapply to all uses within <strong>the</strong> floodway fringe area and, for purposes <strong>of</strong> this chapter, o<strong>the</strong>rregulatory floodplain areas where a floodway has not been defined or delineated including butnot limited to A, AO, AE, AH, A1-30 and Shaded X Zones as provided on adopted FIRMs, orthose regulatory floodplain areas defined by this title.B. No development, storage <strong>of</strong> materials or equipment, or o<strong>the</strong>r uses shall be permitted which,acting alone or in combination with existing or future uses, create a danger or hazard to life orproperty.C. Until a regulatory floodway is designated, nNo encroachment may increase <strong>the</strong> base floodlevel more than 1one tenth (0.1) <strong>of</strong> a foot or increase flood velocities more than 10% or 1 fps,whichever is less, at any property line, except when it can be demonstrated that <strong>the</strong> postdevelopmentvelocity is not an erosive velocity. The velocity subject to this standard may be <strong>the</strong>overbank velocity, <strong>the</strong> channel velocity, or both, as appropriate based on <strong>the</strong> type <strong>of</strong> developmentand its location within <strong>the</strong> floodplain.D. Consideration <strong>of</strong> <strong>the</strong> effects <strong>of</strong> a proposed use or development shall be based on <strong>the</strong>assumption that <strong>the</strong>re will be an equal degree <strong>of</strong> encroachment extending for a significant reachon both sides <strong>of</strong> <strong>the</strong> watercourse. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 9 (B) (part), 1988)16.26.030Elevation and flood pro<strong>of</strong>ing.A. New construction and substantial improvement <strong>of</strong> any habitable structure, ei<strong>the</strong>r residential ornonresidential, shall have <strong>the</strong> lowest floor, including <strong>the</strong> basement, or in <strong>the</strong> case <strong>of</strong>42

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