§ 154.512 FLOODWAY DISTRICT (FW).
   (A)   Permitted uses. The following uses, subject to the standards set forth below, 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, 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)   Marinas, boat rentals, permanent docks, piers, wharves, and water control structures and navigational facilities that satisfy Minnesota Rules, 6115.0211.
      (5)   Grading and extraction of soil, sand, gravel, and other materials for purposes other than stabilization projects.
      (6)   Residential yards, lawns, gardens, parking areas and play areas provided these uses do not include associated accessory structures.
      (7)   Grading or land alterations associated with stabilization projects.
      (8)   Storage yards for equipment, machinery, or materials.
      (9)   Levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
   (B)   Standards for floodway permitted uses. In addition to the applicable standards outlined in § 154.511:
      (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 4 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 § 154.523 of this subchapter and further subject to the standards set forth below in this section if otherwise allowed in the underlying zoning district.
      (1)   Structures accessory to primary uses listed in §§ 154.512 (A)(1) through 154.512 (A)(4) above and primary uses listed in § 154.512 (C)(2) below.
      (2)   Fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.
      (3)   Fences that have the potential to obstruct flood flows.
   (D)   Standards for floodway conditional uses. In addition to the applicable standards outlined above in this section and in §§ 154.511 and 154.523:
      (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 of Jordan has approved a plan which assures the removal of the materials from the floodway based upon the flood warning time available.
      (2)   Accessory structures. Accessory structures, as identified above, may be permitted, provided that:
         (a)   Structures shall not be designed 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 § 154.521 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 2 openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, have a net area of not less than 1 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 § 154.521 shall be required.
         (f)   A levee, dike or floodwall constructed in the floodway shall not cause an increase in the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(Ord. 2020-09, passed 1-4-2021)