(A) Permissible uses.
(1) Permitted uses shall be those uses of land or structures listed as permitted uses in § 160.26(A) of this chapter.
(2) All other permissible uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (B) below. The provisions of § 160.26 of this chapter shall apply if the proposed use is in the Floodway District, and § 160.27 of this chapter shall apply if the proposed use is in the Flood Fringe District.
(B) Procedures for floodway and flood fringe determinations within the General Floodplain District.
(1) Upon receipt of an application for a building permit or other approval within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District:
(a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;
(b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations, the size, location and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets;
(c) Photographs showing existing land uses, vegetation upstream and downstream and soil types; and
(d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
(2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Rules parts 6120.5000 through 6120.6200 and 44 C.F.R. part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood;
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
(c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
(3) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway or Flood Fringe District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to FEMA, the Department of Natural Resources or the city’s Planning Commission for review and comment. Once the Floodway and Flood Fringe District boundaries have been determined, the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of §§ 160.26 and 160.27 of this chapter.
(Prior Code, § 530.11) (Ord. 2012-05, passed 3-7-2012)