§ 11-15. Standards for floodway district conditional uses.

(a)

The zoning board of appeals shall review the particular circumstances and facts of each proposed conditional use in terms of the following standards and required findings, and shall find and record adequate data, information and evidence to determine if such a use on the proposed site, lot, or parcel meets the following requirements:

(1)

Structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

(2)

No conditional use permit shall be issued for the development of new structures, the substantial improvement or relocation of old structures, or development of any kind within the floodway district when such development, construction, improvement or relocation would cause any increase in the community in flood level associated with the occurrence of the base flood discharge.

(3)

The proposed use must be harmonious with and in accordance with the general objectives, intent and purposes of this chapter.

(b)

If the facts presented in the case do not reasonably establish that the findings and standards set forth in this chapter will apply to the proposed use, the zoning board of appeals shall not grant a conditional use permit. In granting a conditional use permit, the zoning board of appeals may recommend such conditions of use as it deems necessary and reasonable, and the reasons therefor to protect the best interest of the city and the surrounding property owners, and occupants to achieve the objectives of this chapter.

(c)

The zoning board of appeals shall within forty-five (45) days grant or refuse such permit. Upon finding that the requirements of this section have been satisfactorily met by applicant, the zoning board of appeals shall forward copies of this permit to the applicant, the clerk, and zoning inspector. The zoning inspector shall not issue a zoning compliance permit until he has received a copy of the conditional use permit approved by the zoning board of appeals and determined that the stipulated conditions have been met.

(d)

Any conditional use permit granted under this chapter shall become null and void and fees forfeited unless construction and/or use is commenced within a period of not more than one hundred eighty (180) days. The period for initiating such conditional use shall be determined at the time that the conditional use permit is granted. No use provided for under the conditional use granted shall be initiated until all the terms and conditions of the conditional use are met. A violation of a requirement, condition, or safeguard shall be considered a violation of this chapter, and grounds for the zoning board to terminate and cancel such conditional use permit.

(Code 1977, § 5.715)