A.

Purpose. The purpose of the floodplain (FP) management district is to regulate the use of creeks, associated lakes, drainageways, and adjacent properties in order to minimize the loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base caused by the periodic inundation by flood waters. The intent is to apply the regulations and standards of this district as an overlay zone, further regulating the use of land as allowed by the other use districts of this ordinance.

A.[B.]

Applicability. This district shall apply to those areas in East Bethel which are identified in this subdivision as being subject to inundation by the 100-year flood as established in subpart 3 of this subdivision [section 58].

Electric power and communications transmission lines.

A.

Warning and disclaimer of liability. This subdivision does not imply that properties outside the floodplain areas or land uses permitted within such areas will be free from flooding or flood damages. This subdivision shall not create liability on the part of the city or any officer or employee for any flood damages that result from reliance on this subdivision or any administrative decision made concerning this subdivision of this ordinance.

A. [B.]

Permits. Permits from the city are required by this subdivision for the use of land and for the construction, addition, or alteration of any structure, obstruction, public or private sewage treatment system, and the grading and filling of the natural topography. Permit applications shall include elevations of the lot and lowest floor of all structures, and the location of the stream channel, its floodplain, and flood fringe.

A. [C.]

Water supply and sewage disposal. The provisions of Chapter 4725, Department of Health Water Well Construction Code and MPCA Water Quality Division, Individual Sewage Treatment Systems Standards, Chapter 7080, shall apply to all properties within the FP district.

A[1].

FP district boundaries. The boundaries of the FP zoning districts shall be as shown in the Flood Insurance Study (November 1979), Flood Insurance

A[2].

Rate maps (May 15, 1980), and flood boundary and floodway maps (May 15, 1980) for East Bethel prepared by the Federal Insurance Administration which are on file with the city are hereby adopted by reference and made a part of this ordinance.

B.

The areas delineated in the official zoning map as studied areas and/or numbered A zones, shall be considered a general delineation of the area subject to the "regional flood" or "base flood" and shall be subject to field evaluation of the actual conditions. Where there appears to be a conflict between the mapped boundary and the regional flood elevation, the city may use whichever delineation establishes the greater flood protection. If adequate soil borings and elevations show a possible error in the mapping, and after reviewing the date and site evaluation, a waiver for development may be granted or greater restrictions imposed.

C.

The areas delineated in the official zoning map as unnumbered A zones shall be considered a general delineation of the area subject to the "regional flood" or "base flood" and shall be subject to field evaluation based on the specific soil conditions present. The general floodplain boundary may be expanded or reduced as may be justified by the presence or absence of soils, in or adjacent to the mapped area, that may be subject to flooding.

D.

Applicants for permits in delineated floodplain areas where the regional flood elevation has not been established by this subdivision may be required to submit an engineering report and plans establishing the elevation of the regional flood with the application.

A.

Permitted uses. The following uses are permitted in the floodway (FW) area.

1)

General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

2)

Commercial and industrial loading areas, parking areas, and airport landing strips.

3)

Public and private golf courses, driving ranges, tennis courts, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single- or multiple-purpose recreational trails.

4)

Residential lawns, gardens, parking areas, driveways, and play areas.

B.

Standards for FW permitted uses. The following standards shall apply to permitted uses in the FW area:

1)

The use shall not be allowed unless permitted in the underlying zoning district.

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 and interim uses. The following uses may be allowed by conditional or interim use permit in the FP area:

1)

Structures accessory to the uses listed in A. above and to the uses listed below.

2)

Extraction and storage of sand, gravel, and other materials.

3)

Marinas, boat rentals, docks, piers, wharves, 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 and travel vehicles either on individual lots of record, in existing or new subdivisions, or in commercial- or condominium-type campgrounds, subject to the exemptions and provisions of subpart 6.d. of this subdivision [subsection A[4] of item 6 of this section 58].

8)

Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the interest 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 flood event.

D.

Standards for FW conditional and interim uses. The following standards shall apply to Conditional and interim uses in the FW area:

1)

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 or interim 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)

All FW area conditional and interim uses shall be subject to the procedures and standards contained in subpart 5.c. of this ordinance [subsection A[3] of item 5 of this section 58].

3)

The conditional or interim use must be permissible in the underlying zoning district and the use shall comply with all underlying zoning district requirements.

4)

Fill or sand and gravel operations as a conditional or interim use shall be subject to the following standards:

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 FW area unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element and reforestation plan.

c)

As an alternative, and consistent with subpart b. [of this subpart 4] above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would cause an increase to the stage of the 100-year flood, but only after the city has received and approved an appropriate plan which assures the removal of the materials from the FW area based upon the flood warning time available.

5)

Accessory structures as a conditional or interim use are subject to the following standards:

a)

Accessory structures shall not be designed for human habitation.

b)

Accessory structures, if permitted, shall be constructed and placed on the building site to offer the minimum obstruction to the flow of flood waters.

(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.

6)

Accessory structures shall be elevated on fill or be structurally dry and flood-proofed in accordance with the FP-l or FP-2 flood-proofing classifications in the State Building Code (Minn. Rules parts 1305.0100—1305.7100). 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 or for limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate:

a)

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

b)

Any mechanical and utility equipment in a structure must be elevated to or above the RFPE or be properly flood-proofed.

7)

Storage of materials and equipment as a conditional or interim use shall be subject to the following standards:

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 city.

8)

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 105. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the FW Area.

9)

A levee, dike, or floodwall constructed in the FW area shall not cause an increase to the 100-year flood, and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

A[1].

Permitted uses. In the flood fringe (FF) area, any residential or non-residential structure or use of a structure or land shall be a permitted use provided such use does not constitute a public nuisance, the use is allowable, the use complies with the requirements of the underlying zoning district, and the use complies with the requirements of this section.

A[2].

Standards for FF permitted uses. The following standards shall apply to permitted uses in the FF area:

1)

All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the RFPE. The finished fill elevation for structures shall be no lower than one foot below the RFPE and the fill shall extend at such elevation 15 feet beyond the outside limits of the structure erected thereon.

2)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood-proofed in accordance with subpart 4.D.6).

3)

The cumulative placement of fill in excess of 1,000 cubic yards located on a parcel shall be allowable only as a Conditional or interim use, unless the fill is specifically intended to elevate a structure in accordance with 1.) above.

4)

The storage of any materials or equipment shall be elevated on fill to the RFPE.

5)

The provisions of e. of this subpart [subsection A[5] of this item 6] shall apply.

A[3].

Conditional and interim uses. In the FF area, any structure that is not elevated on fill or flood-proofed in accordance with b. 1.) and 2.) [A[2]. 1) and 2)], or any use of land that does not comply with the standards in b.3.) and 4.) of this subpart [A[2]. 3) and 4)], shall only be allowable as a conditional or interim use.

A[4].

Standards for FF area conditional and interim uses. The following standards shall apply to conditional uses in the FF area:

1)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor to or above the RFPE. These alternative methods may include, but are not necessarily limited to, the use of stilts, pilings, parallel walls, or above-grade enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if the enclosed area is: 1) above-grade on at least one side of the structure, 2) is designed to internally flood and is constructed with flood resistant materials, and 3) is used solely for parking of vehicles, building access, or storage. The above-noted alternative elevation methods are subject to the following additional standards:

a)

The structure's design and as-built condition must be certified by a registered professional engineer, certified building official, or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be at or above the RFPE or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

b)

Above-grade, fully-enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood and the design plans must stipulate:

(1)

The minimum area of openings in the walls where internal flooding is to be used as a flood-proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood water.

(2)

That the enclosed area will be built with flood-resistant materials in accordance with the FP-3 or FP-4 classifications in the state building code and shall be used solely for building access, parking of vehicles, or storage.

2)

Basements as a conditional or interim use shall be subject to the following standards:

a)

Residential basement construction shall not be allowed below the RFPE.

b)

Non-residential basements may be allowed below the RFPE provided the basement is structurally dry flood-proofed in accordance with b.3.) [A[2].3)] of this subpart.

3)

All areas of non-residential structures including basements to be placed below the RFPE shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the state building code. Structurally dry flood-proofing must meet the FP-l or FP-2 flood-proofing classification in the state building code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 or FP-4 classification shall not be permitted.

4)

When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on-site for a minimum 100-year flood level event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the city. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

5)

Storage of materials and equipment as a conditional use shall be subject to the following standards:

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 city.

6)

The provisions of subpart e. of this subpart [A[5] of this item 6] shall also apply.

A[5].

Standards for all flood fringe (FF) uses. The following standards shall apply to all uses in the FF district:

1)

All new principal structures must have vehicular access at or above an elevation not more than two feet below the RFPE. If a variance to this requirement is granted, the planning commission must specify limitations on the period of use or occupancy of the structure during times of flooding. A variance may be granted only after a finding is made by the city council that adequate flood warning time and local flood emergency response procedures exist.

2)

Accessory commercial land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the RFPE. Such uses are allowed only by permit issued by the city. 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)

Measures shall be taken to minimize interference with normal manufacturing and industrial 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 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 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 and property 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 required.

5)

Development in the floodplain 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 travel vehicles shall comply with the requirements contained in subpart 7.e [A[5] of item 7 of this section 58].

7)

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 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.

A[1].

Permitted uses. The following shall be permitted uses in the general floodplain (GF) district:

1)

The uses listed in subpart 4.A. of this subdivision shall be permitted uses.

2)

Wildlife or recreational ponds of one acre or less provided spoils are removed from the floodplain and managed to prevent erosion and sedimentation.

A[2].

Conditional uses. In the GF district, any use which is not a permitted use may be allowed as a Conditional or interim use subject to the floodway/flood fringe evaluation criteria pursuant to subpart c. below. In addition, subpart c. [A[3]] below shall apply if the proposed use is determined to be in the FW district and subpart 5.D shall apply if the proposed use is determined to be in the FF district.

A[3].

General floodplain district floodway/flood fringe determination. The following procedures shall apply in determining the floodway and/or flood fringe in the GF district:

1)

Upon receipt of an application for a conditional use permit or an interim use permit for a use within the GF district, the applicant shall be required to furnish the following information as is deemed necessary by the city for the determination of the RFPE and whether the proposed use is within the FW or FF district.

a)

A typical valley cross section 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, size, location, and spatial arrangement of all proposed and existing structures on the site, location and elevations of streets, photographs showing existing land uses and vegetation upstream and downstream, and soil type.

c)

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 qualified person or agency acceptable to the city for technical assistance in determining whether the proposed use is in the FW or FF district and to determine the RFPE. Procedures consistent with Minnesota Rules, parts 6120.5000—6120.6200 shall be followed in this expert evaluation. The designated engineer or qualified person or agency 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.

c)

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 feet. A maximum stage increase of less than 0.5 foot shall be established 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.

A[1].

Review criteria. No land shall be subdivided which is unsuitable by reason of flooding or inadequate drainage, water supply, or sewage treatment facilities. All proposed lots within the floodplain districts shall contain a building site at or above the RFPE. The building site shall be of a size and configuration suitable for the proposed construction and adequate area must be available for a water supply well and two soil treatment areas. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this subdivision and have road access both to the subdivision and to the individual building sites no lower than two feet below the RFPE. The subdivider shall install a survey monument within the subdivision at a location acceptable to the city which clearly shows the 100-year flood elevation. The subdivider shall show on all subdivision and lot drawings and platting documents the required elevation of all access roads.

A[2].

FW/FF determinations in the GF district. In the GF district, applicants shall provide the information required in subpart 6.c. [A[3] of item 6 of this section 58)] above to determine the 100-year flood elevation, the FW and FF district boundaries, and the RFPE for the subdivision site.

A[3].

Public utilities, railroads, roads, and bridges.

1)

All public utilities and facilities such as gas, electricity, sewer, and water supply systems to be located in the floodplain shall be flood-proofed in accordance with the state building code or elevated above the RFPE.

2)

All public transportation facilities, railroad tracks, roads, and bridges to be located within the floodplain shall comply with subparts 4 and 5 of this subdivision. Elevation to the RFPE shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area.

A[4].

Manufactured homes, manufactured home parks, and placement of travel trailers, and travel vehicles. The following standards shall apply to manufactured homes, manufactured home parks, travel trailers, and travel vehicles:

1.

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions of this subpart.

2.

The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with subpart 5. of this subdivision. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with subpart 5.b.1.) [A[2]. 1) of item 5 of this section 58], then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city. All manufactured homes must also be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not 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.

A[5].

Travel trailers and travel vehicles not meeting exemption criteria. Travel trailers and travel vehicles that do not meet the exemption criteria specified in this subpart below shall be subject to the provisions of this subdivision including those specifically spelled out in subpart 3) below.

1)

Travel trailers and travel vehicles are exempt from the provisions of this subdivision if they are placed in any of the areas listed in 3) below and comply with the following criteria:

a)

Have current licenses required for highway use.

b)

Are highway-ready, meaning on wheels or the internal jacking system, are attached to the site only by quick-disconnect-type utilities commonly used in campgrounds and trailer parks, and the travel trailer/travel vehicle has no permanent structural type additions attached to it.

2)

Areas exempted for placement of travel/recreational vehicles in the floodplain:

a)

Individual lots or parcels of record.

b)

Commercial recreational vehicle parks or campgrounds in operation prior to the adoption of this ordinance.

c)

Condominium-type associations in operation prior to the adoption of this ordinance.

3)

Travel trailers and travel vehicles exempted in 1) above shall lose their exempt status when development occurs on the parcel exceeding $500.00 in value for a structural addition to the travel trailer/travel vehicle or an accessory structure. The travel trailer/travel vehicles and all additions and accessory structures will then be treated as a new structure and shall be subject to the flood protection requirements of this ordinance.

4)

New commercial travel trailer or travel vehicle parks or campgrounds, new residential-type subdivisions and condominium associations, and the expansion exceeding five units or dwelling sites of any such use in operation prior to the adoption of this ordinance, shall be subject to the following:

a)

A travel trailer or travel vehicle will be allowed in the FW or FF districts provided said trailer or vehicle and its contents are placed on fill above the RFPE and properly elevated road access to the site exists in accordance with subpart 5.e.1.) of this subdivision [A[5]. 1) of item 5 of this section 58]. No fill placed in the FW district to meet the requirements of this subdivision shall increase flood stages of the 100-year flood.

b)

A travel trailer or travel vehicle not meeting the criteria of a) above may, as an alternative, be allowed as a conditional use. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood prepared by a registered engineer or other qualified individual or agency acceptable to the city. The applicant shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant water and sewage facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding.

A[1].

Permit requirements and certificates.

1)

Permit required. A permit issued by the city in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof, prior to the use or change of use of a building, structure, or land, prior to the change or extension of a nonconforming use, and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

2)

Application for permit. Application for a permit shall be made to the city on forms furnished by the city and shall include the following where applicable: plans, drawn to scale, showing the nature, location, dimensions, and elevations of the lot, plans showing existing or proposed structures, fill, or storage of materials, and plans showing the location of the foregoing in relation to the stream channel.

3)

State and federal permits. Prior to the city granting a permit or processing an application for a conditional use permit or variance, the applicant shall provide evidence that all necessary state and federal permits have been obtained.

4)

Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, constructed, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the city stating that the use of the building or land conforms to the requirements of this ordinance.

5)

Construction and use to be as provided on applications, plans, permits, variances, and certificates of zoning compliance. Applications, plans, permits, variances, certificates of zoning compliance, and conditional and interim use permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with the authorized shall be deemed a violation of this ordinance, and punishable as provided by subd. 9 of this ordinance.

6)

Certification. The applicant shall submit to the city certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer, registered architect, certified building official, or other qualified professional or agency acceptable to the city.

A[2].

Variances from standards.

1)

When considering a variance within the FP district, the planning commission, in addition to examining the regular criteria for a variance, shall also take into consideration the variance's effect on lowering the degree of flood protection in relation to the RFPE.

2)

Before approving an application for variance, the planning commission shall hold a public hearing. Notice of such public hearing specifying the time, place, and matters to come before the commission shall be published in the official newspaper of the city at least ten days in advance of such hearing.

3)

The planning commission, in granting a variance, may prescribe any conditions necessary for the management of the floodplain.

4)

Flood insurance notice and record keeping. The applicant for a variance shall acknowledge in writing that:

a)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rated for flood insurance up to amounts as high as $25.00 per $100.00 of insurance coverage; and

b)

Construction below the base flood level increases risks to life and property.

A[3].

Conditional uses.

1)

Any use listed as a conditional use in this ordinance shall be permitted only upon application to the city and approval of a conditional use permit by the city council. The conditional use permit application shall include a report and/or plans determining the specific flood hazard at the site and evaluating the suitability of the proposed use for development in relation to the flood hazard. Said report and/or plans shall include the following unless otherwise waived by the city:

a)

The report and/or plans shall be prepared by a registered professional engineer.

b)

A typical valley cross section 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.

c)

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type.

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.

e)

Plans drawn to a scale of no more than 100 feet/inch and contour intervals of no more than two feet, showing the nature, location, dimensions, and elevation for the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel.

f)

Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.

g)

Estimate of the peak discharge of the regional flood.

h)

Calculation of the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

i)

Calculation of the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

2)

In considering a conditional use permit application, the planning commission and city council shall consider all relevant factors specified in other subdivisions of this ordinance and the following:

a)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

b)

The danger that materials may be swept onto other lands or down stream to the injury of others.

c)

The proposed water supply and sanitation systems and the ability of these systems to prevent and contain disease, contamination, and unsanitary conditions.

d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

e)

The importance of the services provided by the proposed facility to the community.

f)

The requirements of the facility for a waterfront location.

g)

The availability of alternative locations not subject to flooding for the proposed use.

h)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j)

The safety of access to the property in times of flood for ordinary and emergency vehicles.

k)

The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

l)

Other factors relevant to the purposes of this ordinance.

1) [3)]

Upon consideration of the factors listed above, the planning commission and city council may attach such conditions to the conditional use permit, in addition to those required elsewhere in this ordinance, that it deems necessary in furthering the purposes of this ordinance. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover, increased setbacks and yards, specified sewage disposal and water supply facilities, period of operations, operational control, sureties, deed restrictions, locations of piers, docks, parking and signs, type of construction, modification of waste disposal and water supply facilities, limitations on period of use, occupancy, and operation, requirements for construction of channel modifications, dikes, levees, and other protective measures, flood-proofing measures in accordance with the state building code, or any other requirements necessary to fulfill the purpose and intent of this ordinance.

2) [4)]

In order to secure information upon which to base its determination, the planning commission and city council may require the applicant to furnish, in addition to the permit information required, the following information:

a)

A plan of the area showing contours, soil types, high water mark, ground water conditions, bedrock, slope and vegetative cover.

b)

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open spaces and landscaping.

c)

Plans of buildings, sewage disposal facilities, water supply systems, and arrangements of operations.

d)

Specifications of areas of proposed filling, grading, lagooning, or dredging.

e)

Other pertinent information necessary to determine if the proposed use meets the requirements of this ordinance.

f)

Alternative development options.

3) [5)]

Before acting upon an application for conditional use permit, the planning commission shall hold a public hearing. Notice of such public hearing specifying the time, place, and matters to come before the commission shall be published in the official city newspaper at least ten days in advance of such hearing.

A[4].

Variance/conditional use permit recording. Upon granting of a variance or conditional use permit by the city council, the city shall file said variance or conditional use permit for record in the office of the county recorder/registrar of titles.

A[5].

Nonconforming uses.

1)

A structure or the use of a structure or premises which was lawful before January 8, 1980, but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions:

a)

No such building or use shall be expanded, changed, enlarged, or altered in any way which increases its nonconformity.

b)

Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the RFPE by elevation on fill or flood-proofing techniques allowable in the state building code, except as further restricted in d) below.

c)

The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this subdivision are satisfied. The cost of all structural alterations and additions constructed since January 8, 1980, must be calculated in present day cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the applicable standards of subd. 4, 5 or 6 for new structures depending upon whether the structure is in the FW or FF district.

d)

If a nonconforming building or use is discontinued for six consecutive months, any future use of the building or premises must conform to this ordinance.

2)

If a nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in subd. 4, 5 or 6 will apply depending upon whether the use or structure is in the FW, FF, or GF district.

A.

Public nuisance. Every structure, fill, deposit, or other floodplain use placed or maintained in the floodplain in violation of this ordinance is a public nuisance and the creation thereof may be enjoined and the maintenance there abated by the city pursuant to the provisions of MS 103F.145.

(Ord. No. 19, Second Series, 5-5-2010)