§ 13-80. Uses permitted in the floodway areas

(a) The following uses shall be allowed in the floodway areas:

(1) Flood control channels, levees, spreading basins and grounds, roads, bridges, storm drains and other flood control facilities and devices where the design has been approved by the Director of the Environmental Management Agency and the Board of Supervisors of Orange County or the public services director and the city council.

(2) General agricultural uses including farming or pastures provided there are no permanent structures, landfill, storage of materials or equipment or stream alterations that would result in any diversion or increase in flood levels within the designated floodway.

(3) Public utility transmission lines and conduits.

(4) Recreation areas, parks, fishing lakes, riding and hiking trails, golf courses, athletic fields and similar open space uses not including any permanent structures or improvements.

(b) The following uses are prohibited in the floodway areas:

(1) Any permanent structures or buildings excepting those necessary for conveyance of flood and drainage waters and for transit of public utilities and roads.

(2) Dwelling units.

(3) Landfills, excavations, improvements, developments or encroachments that would obstruct or create debris-catching obstacles to passage of a design flood, or cause a cumulative increase in the elevation of the design flood-water profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway or in any way impair the design flood conveyance capacity of the regulatory floodway or cause a potential hazard to public safety or property resulting from flood flows.

(4) Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials.

(c) Additional uses not specifically listed above as either a permitted or prohibited use may be considered for approval as a conditional use, according to the procedures set forth in Chapter III, Planning Applications. However, no use permit shall be approved unless the following finding can be made:

(1) The proposed project, alone or in combination with any existing developments, will not endanger public safety, will not restrict the carrying capacity of the regulatory floodway, will not increase flood heights and will not increase the velocity of floodwaters.

(2) Applicants for conditional use permits shall be required to submit studies, plans or other evidence prepared by a registered professional engineer or architect to support the required findings necessary for approval of the use permit.

(Ord. No. 97-11, § 2, 5-5-97; Ord. No. 04-1, § 1, 1-20-04 ; Ord. No. 06-20, §§ 1c.—e., 9-19-06 )