§ 32-8-307. FUNCTIONALLY DEPENDENT USES.

(a)

Application.

(1)

This section applies to a waiver issued for a functionally dependent use, which is a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only:

(i)

Docking facilities;

(ii)

Port facilities that are necessary for the loading and unloading of cargo or passengers; and

(iii)

Ship building and ship repair facilities.

(2)

Long-term storage or related manufacturing facilities are not a functionally dependent use.

(b)

Waiver authorized. Waivers may be issued for new construction and substantial improvements for the conduct of a functionally dependent use.

(c)

Standard. The waiver may be issued only on sufficient proof of the functional dependence.

(d)

Conditions.

(1)

The provisions of this subtitle shall be met and the structure:

(i)

Shall be protected by methods that minimize flood damage up to the flood protection elevation; and

(ii)

May not create additional threats to public safety.

(2)

(i)

This may require methods of "wet floodproofing" that allow the structure to flood without significant damage.

(ii)

Methods of floodproofing may not require human intervention.

(1988 Code, § 26-670) (Bill No. 173-93, § 2, 11-17-1993; Bill No. 112-02, § 2, 7-1-2004)