(A) Permitted uses. The permitted uses listed below are only allowable in the floodway if not prohibited by any other underlying zoning district classifications of the city, and if not prohibited by any applicable state or federal law:
(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 recreational trails;
(4) Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures; and
(5) Grading or land alterations associated with stabilization projects.
(6) Accessory structures.
(B) Standards for permitted uses.
(1) The use shall have a low flood damage potential.
(2) The use shall be permissible in the underlying zoning district if one exists.
(3) The use shall not obstruct flood flows or increase flood velocities, stages, or flood damages, as certified by a registered professional engineer.
(4) The use shall not involve structures.
(5) 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.
(6) 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 flood.
(7) Accessory structure standards:
(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 § 151.03.39 shall be required.
(e) As an alternative, an accessory structure may be floodproofed in a water 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 § 151.03.39 shall be required.
(C) Conditional uses. The conditional uses listed below are only allowable in the floodway if not prohibited by any other underlying zoning district classifications of the city, and if not prohibited by any applicable state or federal law.
(1) Grading, extraction, fill, and storage of sand, gravel and other materials for purposes other than stabilization projects;
(2) Marinas, boat rentals, permanent docks, piers, wharves, navigational facilities, and water-control structures;
(3) Railroads, streets, bridges, utility transmission lines and pipelines;
(4) Storage yards for equipment, machinery, or materials; and
(5) Fences that have the potential to obstruct flood flows.
(D) Standards for conditional uses.
(1) All uses. No fill (including fill for roads and levees), deposit, obstruction or other use may be allowed as a conditional use that will cause any increase in the stage of the regional flood, or cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards contained in § 151.06.14.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) Fill; storage of materials and equipment.
(a) Fill, dredge, spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
(b) 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.
(c)
As an alternative, and consistent with subsection (D)(2) of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials that would have caused an increase to the stage of the regional flood, but only after the city has received an appropriate plan that assures the removal of the materials from the floodway, based upon the flood-warning time available.
(d) 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 governing body. 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.
(5) The conditional use permit must be title-registered with the property in the Office of the County Recorder.
(Ord. 20220120-01, passed 1-20-22)