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Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwater which carries debris, potential projectiles, and erosion potential, the following provisions shall apply to development proposals and alterations on sites within the FEMA floodway areas:

(1) The standards that apply to the zero-rise floodway also apply to the FEMA floodway. The more restrictive standards apply where there is a conflict;

(2) A development proposal shall not increase the base flood elevation. Encroachments, including but not limited to fill, new construction, substantial improvements and other development, are prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed with standard engineering practice that said encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge;

(3) New residential or nonresidential structures are prohibited within the FEMA floodway;

(4) Reconstruction of residential structures is prohibited within FEMA designated floodways, except for: (a) repairs, reconstruction or improvements to a structure which do not increase the ground floor area; and (b) repairs, reconstruction of residential structures or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: (i) before the repair or reconstruction is started; or (ii) if the structure has been damaged and is being restored, before the damage occurred. Any project for improvement for a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimums necessary to assure safe living conditions or to structures identified as historic places may be excluded in the 50 percent;

(5) If subsection (4) of this section is satisfied, all new construction and substantial improvements in an area designated as a floodway shall comply with all the applicable flood hazard reduction provisions of CMC 16.15.200 through 16.15.310;

(6) If the footprint of the existing residential structure is not increased, substantial improvements of existing residential structures in the FEMA floodway meeting the requirements of this section are presumed to not increase the base flood elevation and do not require a critical areas report to establish this fact. (Ord. 12-20 § 2 (Exh. A); Ord. 06-17 § 3 (Exh. A))