Concord Municipal Code Art. V Pine and Galindo Creek Floodway Regulations

The definitions set forth in the Colby-Alquist Flood Plain Management Act, Water Code §§ 8400--8415, are incorporated in this section as if specifically set forth herein.

(Code 2002, § 34-121. Ord. No. 10-1)

The definitions set forth in the Colby-Alquist Flood Plain Management Act, Water Code §§ 8400--8415, are incorporated in this section as if specifically set forth herein.

(Code 2002, § 34-122. Ord. No. 10-1)

(a) The provisions of this section shall not apply to any structure which is located within the designated floodway on the effective date of Ordinance No. 1181, September 8, 1980. However, an existing structure shall be deemed to be a nonconforming structure and shall conform to the provisions of this section if the structure is not used for a continuous six-month period or the structure is damaged or destroyed to the extent of more than 50 percent of its reasonable value.

(b) The construction of structures in the designated floodway which may endanger life or significantly restrict the carrying capacity of the designated floodway shall be prohibited.

(c) No structures shall be constructed within the areas of any temporary construction right-of-way established within the designated floodway. However, upon the completion of acceptance of floodway improvements, structures may be allowed in the area of the temporary construction right-of-way, provided there is no conflict with the provisions of this section and the Colby-Alquist Flood Plain Management Act.

(d) As used herein, “structures” does not include public utility electric, gas, or communication lines which may be located within the designated floodway.

(Code 2002, § 34-123. Ord. No. 10-1)