§ 12.13  FLOODWAY DISTRICT, FW.
   Subd. 1.   Permitted uses. The following uses, subject to the standards set forth in Subd. 3 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, target ranges, trap and skeet ranges, hunting and fishing areas and single or multiple purpose recreational trails; and
      D.   Residential lawns, gardens, parking areas and play areas.
   Subd. 2.   Standards for floodway permitted uses.
      A.   The use shall have a low flood damage potential.
      B.   The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
   Subd. 3.   Conditional uses. The following uses may be allowed as conditional uses following the procedures set forth in § 12.26 and further subject to the standards set forth in Subd. 4 below, if otherwise allowed in the underlying zoning district or any applicable overlay district.
      A.   Structures accessory to the uses listed in Subd. 1 above and the uses listed in Subd. 3, Subpar. B through 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. This does not include farm fences, as defined in § 12.10, Subd. 7;
      F.   Road-ready recreational vehicles either on individual lots of records or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of § 12.23, Subd. 3; and
      G.   Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 100-year frequency flood event.
   Subd. 4.   Standards for floodway conditional uses.
      A.   All uses. No conditional use is permitted that will 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. This provision applies to structures (temporary or permanent), fill (including fill for roads and levees), deposits, obstructions, storage of materials or equipment, and all other uses.
      B.   All floodway conditional uses shall be subject to the procedures and standards contained in § 12.26.
      C.   Fill.
         1.   Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
         2.   Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
         3.   As an alternative, and consistent with Subpar. 2 immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 1% chance or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder.
      D.   Accessory structures.
         1.   Accessory structures shall not be designed for human habitation.
         2.   Accessory structures, if permitted, shall 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 shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
            b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
         3.   Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with FP-1 or FP-2 flood proofing classifications in the State 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 of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.
            b. Any mechanical and utility equipment in a 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 flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. The structure must meet the following standard:
            a. To allow for the equalization of hydrstatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 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.
            b. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
      E.   Storage of materials and equipment.
         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.   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Council.
(Ord. 238, Second Series, passed 4-30-91)
      F.   Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103G.245, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.
(Ord. 252, Second Series, passed 10-22-91)
      G.   A levee, dike or floodwall constructed in the floodway shall not cause an increase in the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(`80 Code, § 12.13) (Ord. 602, passed 8-19-13)