PART 3: RULES GOVERNING ALL DISTRICTS

Division 3: Floodway, Flood Fringe and Overland Flow

Floodway, Flood Fringe and Overland Flow

55        For parcels  located in the floodway, flood fringe or overland flow area, the requirements of this Division apply and prevail when there is any conflict between the requirements of this Division and any other requirements of this Bylaw.

33P2013

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Floodway Regulations

56        (1)              For parcels located in the floodway on which a building existed and the use of that parcelwas approved as of September 9, 1985, the use may continue as a permitted or discretionary use provided that the use is listed in the land use district that the parcel is designated.

(2)              Subject to subsection (1), in the floodway only those permitted and discretionary uses which are listed below, and which are also listed in the land use district for which the parcel is designated, may be allowed as permitted and discretionary uses:

(a)        Extensive Agriculture;

(b)        Natural Area;

(c)        Outdoor Recreation Area;

(d)        Park; and

(e)        Utilities.

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New Buildings and Alterations

57        (1)              No new buildings or other new structures are allowed in the floodway, except for the replacement of existing Accessory Residential Buildings, Backyard Suites, Duplex Dwellings, Secondary Suites, Semi-detached Dwellings and Single Detached  Dwellings on the same building footprint.

(2)              An addition to a building in the floodway may only occur if it does not increase the building footprint or increase the obstruction to floodwaters.

(3)              In the floodway, nothing must be stored outside of a building.

11P2014, 24P2014

Alterations to the Floodway and Riverbanks

58        On those areas of land within the floodway that are subject to municipal jurisdiction, no alterations shall be made to a floodway and no structures including, but not limited to, berms, decks, docks, fences, gates, patios, rip-rap or walls shall be constructed on, in or under a floodway unless those structures are being constructed by, or on behalf of, the City for the purpose of erosion control, where the primary purpose is to protect public infrastructure.

11P2014

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Flood Fringe and Overland Flow Area Regulations

59        (1)              Only those goods that are easily moveable may be stored on a parcel in the flood fringe or the overland flow area.

(2)             Unless stated in subsection (3), all buildings must be set back 6.0 metres from the edge of the floodway.

(3)             Where a parcel was vacant on July 22, 1985, all buildings must be set back the greater of the following distances:

(a)        60.0 metres from the edge of the Bow River;

(b)        30.0 metres from the edge of the Elbow River, Nose Creek, West  Nose Creek; or

(c)        6.0 metres from the edge of the floodway.

32P2012, 11P2014

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Building Design in the Flood Fringe

60        (1)             All buildings in the flood fringe must be designed in the following manner:

(a)       to prevent structural damage by floodwaters;

(b)       the first floor of all buildings must be constructed at or above the designated flood level;and

(c)       all electrical and mechanical equipment within a building shall be located at or above the designated flood level; and

(d)       have a sewer back-up valve must be installed in the building.

(2)             The rules regarding building design referenced in subsection (1) do not apply to:

(a)       an addition that does not increase the gross floor area of the building by more than 10.0 per cent of the gross floor area legally existing as of June 09, 2014; and

(b)        a fence, gate, deck, landing, patio, skateboard and sports ramp, air conditioning unit, satellite dish, hot tub, above ground private swimming pool, and an Accessory Residential Building.

(3)             Notwithstanding subsection (1) and (2), in addition to the conditions listed in section 38, additions to buildings that increase the gross floor area of the building by more than 10.0 per cent but less than 75.0 per cent of the gross floor area legally existing as of June 09, 2014 must:

(a)        provide electrical isolation for the entire building through the placement of the master switch above the designated flood level; and,

(b)        install a sewer back-up valve in the building.

(4)             Notwithstanding subsection (1), (2), and (3),  in addition to the conditions listed in section 38, additions to buildings that increase the gross floor area of the building by at least 75.0 per cent of the gross floor area legally existing as of June 09, 2014 must:

(a)        fully mitigate as per subsection (1).

13P2008, 32P2012, 11P2014, 43P2016

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Building Design in the Overland Flow Area

61        (1)               All buildings in the overland flow area must be designed in the following manner:  

(a)        to prevent structural damage by floodwaters;

(b)        the first floor of all buildings must be constructed at a minimum of 0.3 metres above the highest grade existing on the street abutting the parcel that contains the building;

(c)        all electrical and mechanical equipment within a building must be located at or above the first floor of the building referenced in subsection (b); and

(d)        a sewer back-up valve must be installed in the building.

(2)             The rules regarding building design referenced in subsection (1) do not apply to:

(a)       an addition that does not increase the gross floor area of the building by more than 10.0 per cent of the gross floor area legally existing as of June 09, 2014;

(b)        a fence, gate, deck, landing, patio, skateboard and sports ramp, air conditioning unit, satellite dish, hot tub, above ground private swimming pool, and an Accessory Residential Building.

(3)             Notwithstanding subsection (1) and (2), additions that increase the gross floor area of the building by more than 10.0 per cent but less than 75.0 per cent of the gross floor area legally existing as of June 09, 2014 must:

(a)        provide electrical isolation for the entire building through the placement of the master switch a minimum of 0.3 metres above the highest grade existing on the adjacent street; and,

(b)        install a sewer back-up valve in the building.

(4)              Notwithstanding subsection (1), (2), and (3), additions that increase the gross floor area of the building by at least 75.0 per cent of the gross floor area legally existing as of June 09, 2014 must:

(a)        fully mitigate as per subsection (1).

 

13P2008, 32P2012, 11P2014, 43P2016

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