A. Permitted Uses, Standards For Floodway And Flood Fringe Permitted Uses:
1. Permitted uses shall be any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.
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.
B. Conditional Uses:
1. Conditional uses shall be permissible in the underlying zoning district and shall have low flood damage potential.
2. Structures accessory to the uses listed in subsections A and B3 through B8 of this section.
3. Extraction and storage of sand, gravel, and other materials.
4. Marinas, boat rentals, docks, piers, wharves, and water control structures.
5. Railroads, streets, bridges, utility transmission lines, and pipelines.
6. Storage yards for equipment, machinery, or materials.
7. Placement of fill or construction of fences.
8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures.
C. Standards For Floodway And Flood Fringe 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. Procedures And Standards: All floodway and flood fringe conditional uses shall be subject to the procedures and standards contained in subsection 12-7-10
D of this chapter.
3. Fill:
a. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and flood fringe shall not cause a net decrease in storage capacity without providing compensatory storage. This shall be determined by a professional engineer, or satisfied through a no-rise certification. If compensatory storage is needed, creation of determined adequate storage shall be created before the proposed fill is placed, unless it is demonstrated that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently.
b. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and Flood Fringe shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
c. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway and flood fringe unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
d. As an alternative and consistent with subsection C3b of this section, 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 governing body has received an appropriate plan which assures the removal of the materials from the floodway and flood fringe based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder.
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 floodwaters:
(1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
(2) So 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 floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:
(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;
(2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and
(3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
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 governing body.
6. Structural Works For Flood Control: 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 provisions of Minnesota statute, chapter 103G. Community wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
7. Structures In Floodway: A levee, dike or floodwall constructed in the floodway 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. (Ord. 439, 11-1-2011; amd. Ord. 556, 4-21-2020)