17-5-7 Floodways.
Located within regulatory floodplain areas, established in Section 17-3-2, are areas designated as regulatory floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris, potential projectiles, and increase erosion potential, the following provisions apply:
A. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited in floodways. The Floodplain Administrator will consider encroachments where certification by an Arizona registered professional engineer is provided demonstrating that encroachments will result in no increase whatsoever in flood levels during the occurrence of the base flood discharge, and that the encroachment will not pose a threat to life or property.
B. Floodway Requirements.
1. Uses Permitted. The following open space uses shall be permitted to the extent that they are not prohibited by any other ordinance or State or Federal permit requirements, nor conflict with uses permitted in adjoining zones, and provided they do not require structures, fill, or storage of materials or equipment:
a. Agricultural uses, including general farming, pasture, grazing or outdoor plant nurseries, horticulture, viticulture, truck farming, sod farming, wild crop harvesting, and restoration of native vegetation;
b. Private and public recreational uses;
c. Accessory residential uses, including lawns, gardens, and play areas.
C. Limitations.
1. No use shall be allowed within a regulatory floodway which:
a. Acting alone or in combination with existing or future uses creates a danger or hazard to life or property;
b. Increases the water surface elevation of the base flood; or
c. Adversely affects groundwater recharge.
D. If this section is satisfied, all new construction and substantial improvements shall comply with all other applicable flood hazard reduction provisions in this article. ((O)21-06, 11/17/2021; (O)17-04, 04/05/2017; (O)05-35, 10/05/2005)