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(A) Permitted uses in the floodplain. The following uses of land are permitted uses in the floodplain district:
(1) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction to flood flows such as fill, excavation or storage of materials or equipment;
(2) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in division (B) below, and the floodplain evaluation criteria in division (C) below, for determining floodway and flood fringe boundaries; and
(3) Travel trailers and travel vehicles as regulated by § 151.22.
(B) Standards for floodplain permitted uses.
(1) Fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(2) Storage of materials and equipment.
(a) The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.
(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or, if placed on fill, to the regulatory flood protection elevation.
(3) Use prohibited. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch or any other drainage facility or system.
(4) Structures. All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at an elevation at least 15 feet beyond the limits of the structure constructed thereon.
(5) All uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist.
(6) Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots, may be at elevations lower than the regulatory flood protection elevation. However, a permit for the facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
(7) On-site sewage treatment and water supply systems. Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and new or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state’s current state-wide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.
(8) Manufactured homes. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation collapse and lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(C) Floodplain evaluation.
(1) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the Zoning Officer shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minn. Rules 1983, parts 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances), shall be followed during the technical evaluation and review of the development proposal.
(2) The Zoning Officer shall submit one copy of all information required by division (C)(1) above, to the respective Department of Natural Resources’ Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the city. The Zoning Officer shall notify the respective Department of Natural Resources’ Area Hydrologist within ten days after a permit or manufactured home park development/subdivision approval is granted.
(1989 Code, § 13.10)
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state floodplain management standards contained in Minn. Rules 1983, parts 6120.5000 through 6120.6200.
(1989 Code, § 13.11) (Ord. 21, 2nd Ser., eff. 5-30-1997)
Travel trailers and travel vehicles that do not meet the exemption criteria specified in division (A) below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (C) and (D) below.
(A) Exemption. Travel trailers and travel vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in division (B) below, and further they meet the following criteria:
(1) Have current licenses required for highway use;
(2) Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick-disconnect type utilities commonly used in campgrounds and trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; and
(3) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
(B) Areas exempted for placement of travel/recreational vehicles.
(1) Individual lots or parcels of record;
(2) Existing commercial recreational vehicle parks or campgrounds; and
(3) Existing condominium type associations.
(C) Loss of exemption. Travel trailers and travel vehicles exempted in division (A) above lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in § 151.20.
(D) Conditions. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following.
(1) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts, provided the trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of § 151.20(C), and proper elevated road access to the site exists in accordance with § 151.20. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood; and
(2) All new or replacement travel trailers or travel vehicles not meeting the criteria of division (D)(1) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with § 151.20(B)(7).
(1989 Code, § 13.30) (Ord. 21, 2nd Ser., eff. 5-30-1997)
(A) Determination. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the Zoning Officer for reason of flooding or inadequate drainage, water supply or sewage treatment facilities. The Zoning Officer shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.
(B) Information required. In the floodplain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in § 151.20(C). The Zoning Officer shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established, in § 151.20(B) and (C) and § 151.21.
(C) Required elevation. For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(D) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(1989 Code, § 13.40) (Ord. 21, 2nd Ser., eff. 5-30-1997)
ADMINISTRATION
A permit issued by the City Administrator/Clerk-Treasurer shall be secured prior to the construction, addition or alteration of any building or structure; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to excavation or the placement of an obstruction within the floodplain.
(1989 Code, § 13.50, Subd. 1) (Ord. 21, 2nd Ser., eff. 5-30-1997)
Prior to granting a permit or processing an application for a variance, the City Administrator/Clerk-Treasurer shall determine that the applicant has obtained all necessary state and federal permits.
(1989 Code, § 13.50, Subd. 2) (Ord. 21, 2nd Ser., eff. 5-30-1997)
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