§ 17.120.040. Special exceptions.

The board of adjustment may approve special exception uses and structures in the floodway fringe as listed below in accordance with Section 17.28.060 of this title provided the owner/developer shall have received the appropriate approval of the Iowa Department of Natural Resources. No fill permit will be issued without the review of the request by the appropriate office of the Army Corps of Engineers with respect to the flood control project.

A.

Placement of Fill. Any property being filled pursuant to this provision shall remain zoned F-1 floodplain district until such time as an application is filed and approved to change the zoning classification as provided in this chapter.

B.

Where it can be demonstrated that any area in the floodway fringe has an elevation higher than two feet above the flood elevation, the board of adjustment may authorize the zoning administrator to issue compliance certificates for any use or structure consistent with the permitted principal uses in this district and including special exceptions permitted in the A-1 agricultural district subject to the requirements of the A-1 agricultural district.

(Ord. 1063 § 1, 2004)