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§ 151.10 ESTABLISHMENT OF FLOODPLAIN DISTRICTS.
   (A)   Districts.
      (1)   Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the flood insurance rate maps and flood boundary and floodway maps adopted in § 151.03.
      (2)   Flood Fringe District. Those areas within Zones AE on the flood insurance rate map and flood boundary and floodway maps adopted in § 151.03, but located outside of the floodway.
   (B)   Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, 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 Districts, all uses not listed as permitted uses or conditional uses in §§ 151.11 and 151.12, respectively, shall be prohibited. In addition, a caution is provided here that:
      (1)   New manufactured homes, replacement manufactured homes, and certain recreational vehicles are subject to the general provisions of this chapter and specifically § 151.16;
      (2)   Modifications, additions, structural alterations, normal maintenance and repair, 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 § 151.19; and
      (3)   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 chapter.
   (C)   Applicability. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in §§ 151.12 and 151.13 will apply, depending on the location of a property. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district and the standards in § 151.11 will apply.
(Ord. 161, passed 3-5-2012; Ord. 202, 9-20-2021)
§ 151.11 REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS.
   (A)   Permit required. A permit must be obtained from the Building Inspector to verify if a development meets all applicable standards outlined in this chapter prior to conducting the following activities:
      (1)   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.
      (2)   The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in § 151.07 of this chapter.
      (3)   The change or extension of a nonconforming use.
      (4)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
      (5)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
      (6)   Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the Department of Natural Resources.
      (7)   Any other type of development as defined in this chapter.
   (B)   Minimum development standards. All new development must be:
      (1)   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;
      (2)   Constructed with materials and equipment resistant to flood damage;
      (3)   Constructed by methods and practices that minimize flood damage;
      (4)   Constructed with electrical, heating, ventilation, duct work, plumbing, and air conditioning equipment and other service facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;
      (5)   Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area;
      (6)   Assured to provide adequate drainage to reduce exposure to flood hazards; and
      (7)   Developed so that it is not detrimental to uses in adjoining areas.
   (C)   Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
   (D)   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in M.S. § 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.
   (E)   Critical facilities, as defined in § 151.07, are to be located, so that the lowest floor is not less than two feet above the base flood elevation, or the 0.2% annual chance flood elevation, whichever is higher.
(Ord. 202, passed 9-20-2021)
§ 151.12 FLOODWAY DISTRICT (FW).
   (A)   Permitted uses. The following uses, subject to the standards set forth in division (B) of this section, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
      (1)   General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.
      (2)   Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.
      (3)   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.
      (4)   Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.
      (5)   Grading or land alterations associated with stabilization projects.
   (B)   Standards for floodway permitted uses. In addition to the applicable standards outlined in minimum development standards, all new development:
      (1)   The use must have a low flood damage potential.
      (2)   The use must not involve structures.
      (3)   The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.
      (4)   Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with M.S. § 103G.245 or a utility crossing license in accordance with M.S. § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
      (5)   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 base flood.
   (C)   Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 151.19.
      (1)   Structures accessory to primary uses listed under § 151.12(A)(1) through (3) above and primary uses listed in § 151.12(C)(2) through (6).
      (2)   Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.
      (3)   Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities.
      (4)   Storage yards for equipment, machinery, or materials.
      (5)   Fences that have the potential to obstruct flood flows.
      (6)   Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
   (D)   Standards for floodway conditional uses. In addition to the applicable standards outlined in § 151.11:
      (1)   Fill; storage of materials and equipment.
         (a)   Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
         (b)   Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the city has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
      (2)   Accessory structures. Accessory structures, as identified under § 151.12, may be permitted, provided that:
         (a)   Structures are not intended for human habitation;
         (b)   Structures will have a low flood damage potential;
         (c)   Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;
         (d)   Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with § 151.17(B)(6) shall be required.
         (e)   As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, 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 openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with § 151.17(B)(6) shall be required.
      (3)   A levee, dike, or floodwall constructed in the floodway must not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(Ord. 161, passed 3-5-2012; Ord. 202, passed 9-20-2021)
§ 151.13 FLOOD FRINGE DISTRICT (FF).
   (A)   Permitted uses. Permitted uses shall be those uses of land or structures allowed in the underlying zoning use district(s) that comply with standards in this section under division (B). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided the use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District permitted uses listed.
   (B)   Standards for flood fringe permitted uses.
      (1)   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 (RFPE). The finished fill elevation for structures shall be no lower than one foot below the Regulatory Flood Protection Elevation (RFPE). Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure erected thereon. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the city.
      (2)   Accessory structures. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 576 square feet at its largest projection and only used for parking and storage.
      (3)   Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. 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 openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
      (4)   The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with division (B)(1) above.
      (5)   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
      (6)   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.
      (7)   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 base flood.
      (8)   Manufactured homes and recreational vehicles must also meet the standards of § 151.16.
   (C)   Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth under conditional use of this ordinance, if otherwise allowed in the underlying zoning district(s).
      (1)   The placement of flood proofed nonresidential basements below the regulatory flood protection elevation.
      (2)   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 § 151.13(B)(1).
   (D)   Standards for flood fringe conditional uses. In addition to the applicable standards outlined in §§ 151.11, 151.13 , and 151.18:
      (1)   The standards for permitted uses in the flood fringe, listed in §§ 151.13(B)(5) through (8), apply to all conditional uses.
      (2)   Residential basements, as defined in § 151.07, are not allowed below the RFPE.
      (3)   All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry flood proofed, which requires making the structure watertight 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. A floodproofing certification consistent with § 151.17 under certification shall be required.
      (4)   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.
         (a)   The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.
         (b)   The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city.
         (c)   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(Ord. 161, passed 3-5-2012; Ord. 202, passed 9-20-2021)
§ 151.14 SUBDIVISION STANDARDS.
   (A)   Subdivisions. No land may be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and 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 safe evacuation of all vehicles and people during the base flood has been approved by the city. 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. 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 shall be clearly labeled on all required subdivision drawings and platting documents.
   (B)   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.
(Ord. 161, passed 3-5-2012; Ord. 202, passed 9-20-2021)
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