(A) Statutory authorization.
(1) Responsibility. The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows.
(2) Findings of fact and purpose.
(a) This section regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety and general welfare by minimizing these losses and disruptions.
(b) This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
(c) This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(B) General provisions.
(1) Maps. This section adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe and General Floodplain.
(a) Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in divisions (D) or (E) below will apply, depending on the location of a property.
(b) Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in division (D) below apply unless the floodway boundary is determined, according to the process outlined in division (F) below. Once the floodway boundary is determined, the Flood Fringe District standards in division (E) below may apply outside the floodway.
(2) Lands to which section applies. This section applies to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe or General Floodplain Districts. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(3) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted declared to be a part of the Official Zoning Map and this chapter. These materials and studies have all been incorporated into the Floodplain and Shoreland Overlay Zone exhibit prepared by Bolton & Menk, Inc. and dated November 2015 and shall serve as the exhibit for the Zoning Administrator to administer the Floodplain and Shoreland Ordinance. This exhibit is based on FEMA floodplain regulations referenced above and available online (https://msc.fema.gov/portal).
(a) Flood insurance studies:
1. City of Aitkin, Minnesota (dated 9-15-1981); and
2. Aitkin County, Minnesota and Incorporated Areas (dated 2-2-1996).
(b) The currently effective Flood Insurance Rate Map panels enumerated below:
1. City of Aitkin Panel 2700010001B, effective 3-15-1982;
2. Aitkin County Panel 2706280240C, effective 2-2-1996;
3. Aitkin County Panel 2706280245B, effective 3-15-1982; and
4. Aitkin County Panel 2706280325C, effective 2-2-1996.
(c) The currently effective Flood Boundary and Floodway Map panels enumerated below:
1. City of Aitkin Panel 2700010001, effective 3-15-1982; and
2. Aitkin County Panel 2706280245, effective 3-15-1982.
(4) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
(5) Interpretation.
(a) The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.
(b) Where a conflict exists between the floodplain limits illustrated on the Official Zoning Map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission/Board of Adjustment and to submit technical evidence.
(6) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(7) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. This section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.
(8) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force.
(9) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(3) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation.
(10) Detachments. The Flood Insurance Rate Map panels adopted by reference into division (B)(3) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this section. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the city after the date of adoption of this section, the newly detached floodplain lands will be subject to the provisions of this section immediately upon the date of detachment.
(C) Establishment of Floodplain Overlay Districts.
(1) Districts.
(a) Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(3) above.
(b) Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in division (B)(3) above and as illustrated on the Floodplain Exhibit.
(c) General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in division (B)(3) above, and as illustrated on the Floodplain Exhibit, but not subject to the criteria in divisions (C)(1)(a) and (C)(1)(b) above.
(2) Compliance. Within the floodplain districts established in this section, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this section and other applicable regulations. All uses not listed as permitted uses or conditional uses in divisions (D), (E) and (F) below, respectively, are prohibited. In addition, a caution is provided here that:
(a) New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this section and, specifically, division (G) below;
(b) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this section and, specifically, division (G) below;
(c) All structures must be constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(d) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section and specifically as stated in division (G) below; and
(e) Critical facilities, as defined in § 152.003(B) of this chapter, are prohibited in all floodplain districts.
(D) Floodway District (FW).
(1) Permitted uses. The following uses, subject to the standards set forth in division (D)(2) below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b) Industrial-commercial loading areas, parking areas and airport landing strips;
(c) Open space uses, including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas and single or multiple purpose recreational trails;
(d) Residential lawns, gardens, parking areas and play areas; and
(e) Railroads, streets, bridges, utility transmission lines and pipelines; provided that, the Department of Natural Resources’ area hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in division (D)(4) below are met.
(2) Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) With the exception of the uses listed in division (D)(1)(e) above, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(3) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in division (G)(4) below and further subject to the standards set forth in division (D)(4) below if otherwise allowed in the underlying zoning district or any applicable overlay district:
(a) Structures accessory to the uses listed in division (D)(4)(a) below and the uses listed in divisions (D)(3)(b) through (D)(3)(g) below;
(b) Extraction and storage of sand, gravel and other materials;
(c) Marinas, boat rentals, docks, piers, wharves and water control structures;
(d) Storage yards for equipment, machinery or materials;
(e) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in § 152.003(B) of this chapter, are permitted uses;
(f) Travel-ready recreational vehicles meeting the exception standards in division (G)(2) below; and
(g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.
(c) The conditional use shall be permissible in the underlying zoning district if one exists.
(d) 1. 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.
2. Fill, dredge spoil and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
3. Temporary placement of fill, other materials or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the governing body has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
(e) 1. Accessory structures must not be designed for human habitation.
2. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
a. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and
b. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
3. Accessory structures must be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. All flood-proofed accessory structures must meet the following additional standards:
a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and
b. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
4. As an alternative, an accessory structure may be internally/wet flood-proofed to the FP-3 or FP-4 flood-proofing classifications in the state’s Building Code; provided, the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards.
a. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and, so far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
b. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
5. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245, as it may be amended from time to time.
6. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
7. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(E) Flood Fringe District (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (E)(2) below. If no pre-existing, underlying zoning districts exist, then any residential or non-residential structure or use of a structure or land is a permitted use; provided, it does not constitute a public nuisance.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
1. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of flood waters.
2. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally flood-proofed in accordance with division (D)(4)(e) above.
(b) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (E)(2)(a) above, or if allowed as a conditional use under division (E)(3)(c) below.
(c) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
(d) 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.
(e) Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(f) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city.
(g) Accessory uses such as yards, railroad tracks and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
(h) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.
(i) Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(j) Manufactured homes and recreational vehicles must meet the standards of division (G) below.
(3) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in division (G)(4) below. Conditional uses must meet the standards in divisions (E)(2)(d) through (E)(2)(j) above and division (E)(4) below.
(a) Any non-residential structure that is not elevated on fill or flood-proofed in accordance with division (E)(2)(a) above.
(b) Storage of any material or equipment below the regulatory flood protection elevation.
(c) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (E)(2)(a) above.
(4) Standards for flood fringe conditional uses.
(a) The standards listed in divisions (E)(2)(d) through (E)(2)(j) above apply to all conditional uses.
(b) Basements, as defined by § 152.003(B) of this chapter, are subject to the following.
1. Residential basement construction is not allowed below the regulatory flood protection elevation.
2. Non-residential basements may be allowed below the regulatory flood protection elevation; provided, the basement is structurally dry flood-proofed in accordance with division (E)(4)(d) below.
(c) All areas of non-residential structures, including basements, to be placed below the regulatory flood protection elevation must be flood-proofed in accordance with the structurally dry flood-proofing classifications in the state’s Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the state’s Building Code, which requires making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet flood-proofed to the FP-3 or FP-4 classification are not permitted.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
1. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.
3. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of the materials within the time available after a flood warning.
(f) 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls and the like, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structures basement or lowest floor if:
a. The enclosed area is above-grade on at least one side of the structure;
b. It is designed to internally flood and is constructed with flood resistant materials; and
c. It is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards.
i. Design and certification. The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state’s Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
ii. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
(A) The minimum area of openings in the walls where internal flooding is to be used as a flood-proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves or other coverings or devices; provided that, they permit the automatic entry and exit of flood waters without any form of human intervention; and
(B) The enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.
(F) General Floodplain District (GF).
(1) Permitted uses.
(a) The uses listed in division (D)(1) above are permitted uses.
(b) All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (F)(2) below. Division (D) above applies if the proposed use is determined to be in the Floodway District. Division (E) above applies if the proposed use is determined to be in the Flood Fringe.
(2) Procedures for floodway and flood fringe determinations.
(a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state or other source.
(b) If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in division (F)(2)(c) below.
(c) The determination of floodway and flood fringe must include the following components, as applicable:
1. Estimate the peak discharge of the regional (1% chance) flood;
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
(d) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.
(e) Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of divisions (D) and (E) above.
(G) Land development standards.
(1) In general. Recognizing that flood-prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the city.
(2) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
(a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the governing body. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
(d) In the General Floodplain District, applicants must provide the information required in division (F)(2) above to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(e) If a subdivision proposal or other proposed new development is in a flood-prone area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within the flood-prone area;
2. All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure of flood hazard.
(3) Building sites. If a proposed building site is in a flood-prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
(a) Designed (or modified) and adequately anchored to prevent floatation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) Constructed with electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(4) Utilities, railroads, roads and bridges public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain must be flood-proofed in accordance with the state’s Building Code or elevated to the regulatory flood protection elevation.
(5) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain must comply with divisions (D) and (E) above. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(6) On-site water supply and sewage treatment systems. Where public utilities are not provided:
(a) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
(b) 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 must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state’s current statewide standards for on-site sewage treatment systems is considered to be in compliance with this section.
(7) Manufactured homes, manufactured home parks and recreational vehicles.
(a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply.
1. Placement or replacement of manufactured home units is prohibited in the Floodway District.
2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of division (E) above and the following standards.
a. New and replacement manufactured homes must be elevated in compliance with division (E) above and 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 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.
b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in division (G)(2) above.
(b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this section.
1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the following areas and meet the criteria listed in division (G)(7)(b)2. below:
a. Individual lots or parcels of record;
b. Existing commercial recreational vehicle parks or campgrounds; and
c. Existing condominium-type associations.
2. Criteria for exempt recreational vehicles:
a. The vehicle must have a current license required for highway use;
b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks;
c. No permanent structural type additions may be attached to the vehicle;
d. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district;
e. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in division (G)(7)2.b.; and
f. An accessory structure must constitute a minimal investment
3. Recreational vehicles that are exempt in division (G)(7)2.b. above lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and flood-proofing requirements of division (E) above. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
(Ord. 332, passed 5-19-2008)