Article V — Setbacks

A.

Setbacks are hereby established adjacent to open channel watercourses in conformance with details shown in Section 13.12.320 of this article.

B.

The purpose of setbacks is to safeguard watercourses by preventing activities that would contribute significantly to flooding, erosion or sedimentation, would inhibit access for watercourse maintenance, or

would destroy riparian areas or inhibit their restoration. Accordingly, no development shall be permitted within setbacks, except as otherwise provided herein.

C.

In certain situations, where, in the opinion of the director of public works, it would be in the public interest to permit limited development within a setback, the director of public works may grant a permit for said development provided that the above-specified purpose would be satisfied. In such cases, the permit applicant shall submit sufficiently detailed plans and specifications, and any additional material required by the director of public works, to demonstrate that a proposed development adjacent to an open channel watercourse would meet said requirements.

D.

In all cases where development adjacent to an open channel is permitted within setback limits, the owner of the developed property shall assume all responsibility for any damage whatsoever to his property or to any structures erected thereon.

E.

No development shall be permitted within a setback where it would conflict with the requirements or any applicable county, district or city ordinance, regulation, directive or law.

F.

Setbacks shall be located outside of floodways.

G.

The director of public works shall make the determination as to setback limits and any permitted development within a setback.

(Prior gen. code § 7-204.0)

See A, B, and C in Ordinance 82-18 for diagrams.

(Prior gen. code § 7-204.1)