Chapter 30.29 — FLOODWAY ZONE (FW)

Chapter 30.29 - FLOODWAY ZONE (FW)[[1]]

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Note— This Chapter of the Municipal Code forms a portion of the City of Del Mar Local Coastal Program Implementing Ordinances. The regulations found within this Chapter are not subject to "relief" through the Del Mar Variance process. Exceptions to, or relief from, the requirements found within this Chapter are limited to those specified within the language of this Chapter or found within other Chapters of the Implementing Ordinances. Where there is a conflict between the language of this Chapter and other portions of the Del Mar Municipal Code, the language of this Chapter shall take precedence.

Real property subject to the provisions of this Chapter shall be designated by ordinance on the City zone map as being within the Floodway Zone ("FW").

(Ord. No. 516; Ord. No. 722)

A.

The purpose of the FW Zone is to preserve areas subject to relatively deep and high velocity floodwater by prohibiting uses which would constitute an unreasonable, unnecessary, undesirable or dangerous impediment to the flow of floodwaters, or cause a cumulative increase in the water surface elevation of the base flood of more than one foot at any point.

B.

It is also the purpose of the FW Zone to reduce the need for construction of flood control facilities made necessary by inadequately controlled development in the floodplain.

C.

It is also the purpose of the FW Zone to protect the health, safety, and general welfare of persons and of property located within and adjacent to the floodway by prohibiting the construction of permanent structures in the floodway and allowing only those uses which will not constitute an undesirable, unnecessary or dangerous impediment to the flow of floodwaters.

The following uses are allowed in the FW Zone provided that a Floodplain Development Permit, Conditional Use Permit and Coastal Development Permit have first been obtained.

A.

Field and seed crops (open field).

B.

Aquaculture and mariculture operations.

C.

Open recreational uses (such as public parks) in accordance with the San Dieguito Lagoon Enhancement Plan.

D.

Any similar use which conforms to the description and purpose of the FW Zone.

(Ord. No. 670)

30.29.040 - Specified Disallowed Uses.

The following uses are specifically disallowed, without limitation:

A.

Permanent Structures.

B.

Placement of Mobile Homes.

C.

Parking that does not serve one of the allowed uses.

D.

Placement of fill.