Loading...
FLOOD HAZARD PREVENTION
§ 152.25 CONFLICT WITH PRE-EXISTING ZONING REGULATIONS AND GENERAL COMPLIANCE.
   (A)   The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in §§ 152.26 and 152.27 shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this chapter shall apply in addition to other legally established regulations of the community and where this chapter imposes greater restrictions, the provisions of this chapter shall apply.
   (B)   No new structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the floodway and flood fringe, all uses not listed as permitted uses in § 152.26 shall be prohibited. In addition, a caution is provided here that:
      (1)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and specifically §§ 152.26 and 152.99;
      (2)   Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter and specifically § 152.29; and
      (3)   As-built elevations for elevated structures must be certified by ground surveys as stated in § 152.08.
(Ord. 58.2, passed 11-18-1991)
§ 152.26 PERMITTED USES, STANDARDS AND FLOOD PLAIN EVALUATION CRITERIA.
   (A)   Permitted uses in the flood plain. The following uses of land are permitted uses in the flood plain 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 flood plain. These uses shall be subject to the development standards in division (B) below and the flood plain evaluation criteria in division (C) below for determining floodway and flood fringe boundaries; and
      (3)   Travel trailers and travel vehicles are regulated by § 152.30.
   (B)   Standards for flood plain permitted uses.
      (1)   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)   (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)   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)   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)   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 flood plain 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)   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)   (a)   Where public utilities are not provided:
            1.   On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
            2.   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.
         (b)   Any sewage treatment system designed in accordance with the state’s current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.
      (8)   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)   Flood plain evaluation.
      (1)   Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the flood plain district, the city 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 parts 6120.5600 (Technical Standards and Requirements For Flood Plain Evaluation) and 6120.5700 (Minimum Flood Plain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.
      (2)   The city 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 community. The city 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.
(Ord. 58.2, passed 11-18-1991)
§ 152.27 UTILITIES, RAILROADS, ROADS AND BRIDGES IN THE FLOOD PLAIN DISTRICT.
   All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minn. Rules parts 6120.5000 through 6120.6200.
(Ord. 58.2, passed 11-18-1991)
§ 152.28 SUBDIVISIONS.
   (A)   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 City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The City Council 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)   In the Flood Plain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in § 152.26(A). The Zoning Administrator shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in §§ 152.26(B) and (C) and 152.27.
   (C)   For all subdivisions in the flood plain, 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)   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.
(Ord. 58.2, passed 11-18-1991)
Loading...