(A) Permitted uses.
(1) Outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(2) Industrial - commercial loading and/or parking areas, and/or airport landing strips adjacent to industrial or commercial property not in the Floodplain District;
(3) Private and public golf courses, tennis courts, driving ranges, picnic grounds, boat launching ramps, parks, wildlife and nature preserves, fishing areas and single or multiple purpose recreational trails; and
(4) Residential lawns, gardens, parking areas and play areas.
(B) Standards for FP permitted uses.
(1) The use shall have a low flood damage potential.
(2) 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.
(C) Conditional uses.
(1) Accessory structures located within the flood fringe;
(2) Extraction and storage of sand, gravel and other materials;
(3) Marinas, boat rentals, docks, piers, wharfs and water control structures;
(4) Railroads, streets, bridges, utility transmission lines and pipelines;
(5) Storage yards for equipment, machinery or materials;
(6) Placement of fill;
(7) Travel trailers, travel vehicles and recreational vehicles on individual lots of record in existing or new subdivisions, subject to the exemptions and provisions of § 153.087(C) of this chapter;
(8) Structural works for flood control including, but not limited to, 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 ten-year frequency;
(9) General crop farming, pasture, grazing;
(10) Archery ranges, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting areas; and
(11) Swimming areas.
(D) Standards for floodplain conditional uses.
(1) All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
(2) Standards and procedures. All floodplain conditional uses shall be subject to the procedures and standards contained in § 153.088(D) of this chapter.
(3) Fill.
(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 methods.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodplain 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 division (D)(3)(b) 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 100-year or regional flood but only after the Council has received an appropriate plan which assures the removal of the material from the floodplain based upon the flood warning time available.
(4) Accessory structures.
(a) Accessory structures shall not be designed for human habitation.
(b) 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:
1. Whenever possible, structures shall be constructed with longitudinal axis parallel to the direction of flood flow; and
2. As far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the State Building Code. 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 500 square feet in size and, for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate:
1. 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; and
2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
(5) Storage of materials and equipment.
(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 and in accordance with a plan approved by the Council.
(6) Changing course, current and the like. 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 provision of M.S. Ch. 105, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodplain.
(7) Increase in flood. A levee, dike or floodwall constructed in the floodplain shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(E) Standards for permitted and conditional uses in the flood fringe.
(1) General. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Appeals and Adjustments must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
(2) Commercial uses. 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 such 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.
(3) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(2) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
(4) Fill. 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.
(5) Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.
(6) Travel trailers and the like. Standards for travel trailers and travel vehicles are contained in § 153.087(C) of this chapter.
(7) Manufactured homes. 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.
(Prior Code, § 11.10)