This article is established to provide comprehensive procedures and standards designed to allow greater flexibility, uniqueness, innovative design and energy conservation in the development of neighborhoods or areas by incorporating a mixture of densities/intensities or use types when applied to a PUD district. The PUD process, by allowing deviation from the strict provisions of this title related to setbacks, height, lot area, width and depth, yards, etc., by conditional use permit or the mix of uses by PUD zoning, is intended to encourage:

   A.   Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design and siting of structures and by the conservation and more efficient use of land in such developments.

   B.   Higher standards of site and building design through the use of land planners, architects and landscape architects.

   C.   More convenience in location and design of development and service facilities.

   D.   The preservation and enhancement of desirable site characteristics such as natural topography and geologic features and the prevention of soil erosion.

   E.   A creative use of land and related physical development which allows a phased and orderly transition of land from rural to urban uses.

   F.   An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.

   G.   A development pattern in harmony with the objectives of the comprehensive plan. (PUD is not intended as a means to vary applicable planning and zoning principles.)

   H.   A more desirable and creative environment than might be possible through the strict application of zoning and subdivision regulations of the city. (Ord. 2004-40, 1-3-2005)

   A.   Ownership: An application for PUD must be filed by the landowner or jointly by all landowners of the property or their agent(s) included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approved final plan shall be binding on all owners.

   B.   Comprehensive Plan Consistency: The proposed PUD shall be consistent with the city comprehensive plan.

   C.   Sanitary Sewer Plan Consistency: The proposed PUD shall be consistent with the city comprehensive sewer plan.

   D.   Compatibility: The proposed PUD shall be compatible with the adjacent land uses.

   E.   Common Open Space: Common open space at least sufficient to meet the minimum requirements established in the comprehensive plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents/users of the PUD shall be provided within the area of the PUD development.

   F.   Operating And Maintenance Requirements For PUD Common Open Space/Facilities: Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the city:

      1.   Dedicated to public, where a communitywide use is anticipated and the city agrees to accept the dedication.

      2.   Landlord control, where only use by tenants is anticipated.

      3.   Property owners' association, provided all of the following conditions are met:

         a.   Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts or common area, a declaration of covenants, conditions and restrictions or an equivalent document or document such as specified by laws 1963, chapter 457, section 11 and a set of floor plans such as specified by laws 1963, chapter 457, section 13 shall be filed with the city, said filing with the city to be made prior to the filings of said declaration or document or floor plans with the recording officers of Clay County.

         b.   The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.

         c.   The declaration of covenants, conditions and restrictions shall provide that an owners' association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

         d.   The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and in the event the city incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its prorated share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.

         e.   Membership must be mandatory for each owner and any successive buyer.

         f.   The open space restrictions must be permanent and not for a given period of years.

         g.   The association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

         h.   Property owners must pay a prorated share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota statutes.

         i.   The association must be able to adjust the assessment to meet changed needs.

   G.   Staging Of Public And Common Open Space: When a PUD provides for common or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

   H.   Density: The maximum allowable density in a PUD zoning district shall be determined by standards negotiated and agreed upon between the applicant and the city. In all cases, the negotiated standards shall be consistent with the development policies as contained in the comprehensive plan. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds one hundred percent (100%) of the proposed residential density of the entire PUD. A PUD by conditional use permit must comply with the applicable base zoning district.

   I.   Utilities: In any PUD, all utilities, including telephone, electricity, gas and telecable shall be installed underground.

   J.   Utility Connections:

      1.   Water Connections: Where more than one property is served from the same service line, individual unit shutoff valves shall be provided as required by the city.

      2.   Sewer Connections: Must comply with the state plumbing code.

   K.   Roadways: All streets shall conform to the design standards contained in the subdivision title of this code, unless otherwise approved by the city. In any PUD, at the request of the city, the applicant shall submit a snow removal plan.

   L.   Landscaping: In any PUD, landscaping shall be provided according to a plan approved by the city, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the city shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

   M.   Urban/Rural Servicing Requirements: All development will be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Lands which have the necessary available municipal facilities and services will be granted approval in accordance with existing city code provisions and development techniques. Lands which lack the available public facilities and services may be granted approval for development, provided that all applicable provisions of this title, this code and state regulations are complied with.

   N.   Setbacks: The front and side yard restrictions of the periphery of the planned unit development conditional use permit site at a minimum shall be the same as imposed in the base zoning districts. (Ord. 2004-40, 1-3-2005)

Eight (8) large scale copies and one reduction, eight and one- half inches by eleven inches (81/2" x 11"), of the following exhibits, analysis and plans shall be submitted to the city during the PUD process, at the times specified in chapter 3 of this title.

   A.   General Concept Stage:

      1.   General Information:

         a.   The landowner's name and address and their interest in the subject property.

         b.   The applicant's name and address if different from the landowner.

         c.   Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of all legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including an up to date certified abstract of title or registered property report, and such other evidences as the city attorney may require to show the status of title or control of the subject property.

      2.   Present Status:

         a.   The address and legal description of the subject property.

         b.   The existing zoning classification and present use of the subject property and all lands within one thousand feet (1,000') of the subject property.

         c.   A map depicting the existing development of the subject property and all land within one thousand feet (1,000') thereof and indicating the location of existing streets, property lines, easements, water mains and storm and sanitary sewers, with invert elevations on and within one hundred feet (100') of the subject property.

      3.   Written Statement: A written statement generally describing the proposed PUD and the market which it is intended to serve and its demand showing its relationship to the comprehensive plan and how the proposed PUD is to be designed, arranged and operated in order to permit the development and use of neighboring property in accordance with the applicable regulations of the city.

      4.   Site Conditions: Graphic reproductions of the existing site conditions at a scale of one inch equals one hundred feet (1" = 100').

         a.   Contours: Minimum one-half foot (1/2') intervals.

         b.   Location, type and extent of tree cover.

         c.   Slope analysis.

         d.   Location and extent of water bodies, wetlands and streams and floodplains within three hundred feet (300') of the subject property.

         e.   Existing drainage patterns.

         f.   Soil conditions as they affect development.

All of the graphics should be the same scale as the final plan to allow easy cross reference. The use of overlays is recommended for clear reference.

      5.   Schematic Drawings: Schematic drawing of the proposed development concept including, but not limited to, the general location of major circulation elements, public and common open space, residential and other land uses.

      6.   Dwelling Units And Allocation Of: A statement of the estimated total number of dwelling units proposed for the PUD and a tabulation of the proposed approximate allocations of land use expressed in acres and as a percent of the total project area, which shall include at least the following:

         a.   Area devoted to uses.

         b.   Area devoted to use by building type.

         c.   Area devoted to common open space.

         d.   Area devoted to public open space.

         e.   Approximate area devoted to streets.

         f.   Approximate area devoted to, and number of, off street parking and loading spaces and related access.

      7.   Schedule Of Development: When the PUD is to be constructed in stages during a period of time extending beyond a single construction season, a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each such stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage, and the overall chronology of development to be followed from stage to stage.

      8.   Care And Maintenance Of Open Space/Service Facilities: When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities.

      9.   Restrictive Covenants: General intent of any restrictive covenants that are to be recorded with respect to property included in the proposed PUD.

      10.   Utilities Plans: Schematic utilities plans indicating placement of water, sanitary and storm sewers.

      11.   Exemption From Submittal Requirements: The city may excuse an applicant from submitting any specific item of information or document required in this stage, which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

      12.   Additional Information: The city may require the submission of any additional information or documentation which it may find necessary or appropriate to full consideration of the proposed PUD or any aspect or stage thereof.

   B.   Development Stage: Development stage submissions should depict and outline the proposed implementations of the general concept stage for the PUD. Information from the general concept stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to:

      1.   Zoning classification required for development stage submission and any other public decisions necessary for implementation of the proposed plan.

      2.   Eight (8) sets of preliminary plans, drawn to a scale of not less than one inch equals one hundred feet (1" = 100') or scale requested by the city and one reduction eight and one-half inches by eleven inches (81/2" x 11"), containing at least the following information:

         a.   Proposed name of the development (which shall not duplicate nor be similar in pronunciation to the name of any plat theretofore recorded in Clay County).

         b.   Property boundary lines and dimensions of the property and any significant topographical or physical features of the property.

         c.   The location, size, use and arrangement including height in stories and feet and total square feet of ground area coverage and floor area, of proposed buildings, and existing buildings which will remain, if any.

         d.   Location, dimensions of all driveways, entrances, curb cuts, parking stalls, loading spaces and access aisles, and all other circulation elements including bike and pedestrian; and the total site coverage of all elements.

         e.   Location, designation and total area of all common open space.

         f.   Location, designation and total area proposed to be conveyed or dedicated for public open space, including parks, playgrounds, school sites and recreational facilities.

         g.   Proposed lots and blocks, if any, and numbering system.

         h.   The location, use and size of structures and other land uses on adjacent properties.

         i.   Detailed sketches and provisions of proposed landscaping.

         j.   General grading and drainage plans for the developed PUD.

         k.   Any other information that may have been required by the city in conjunction with the approval of the general concept plan.

      3.   An accurate legal description of the entire area within the PUD for which final development plan approval is sought.

      4.   A tabulation indicating the number of residential dwelling units and expected population.

      5.   A tabulation indicating the gross square footage, if any, of commercial and industrial floor space by type of activity (e.g., drugstore, dry cleaning, supermarket).

      6.   Preliminary architectural "typical" plans indicating use, floor plan, elevations and exterior wall finishes of proposed buildings, including mobile homes.

      7.   A detailed site plan, suitable for recording, showing the physical layout, design and purpose of all streets, easements, rights of way, utility lines and facilities, lots, blocks, public and common open space, general landscaping plan, structure, including mobile homes and uses.

      8.   Preliminary grading and site alteration plan illustrating changes to existing topography and natural site vegetation. The plan should clearly reflect the site treatment and its conformance with the approved concept plan.

      9.   A preliminary plat prepared in accordance with the subdivision title of this code.

      10.   A soil erosion control plan acceptable to watershed districts, department of natural resources, soil conservation service, or any other agency with review authority clearly illustrating erosion control measures to be used during construction and as permanent measures.

      11.   A statement summarizing all changes which have been made in any document, plan, data or information previously submitted, together with revised copies of any such document, plan or data.

      12.   Such other and further information as the city shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.

      13.   The city may excuse an applicant from submitting any specific item of information or document required in this article it finds to be unnecessary to the consideration of the specific proposal for PUD approval.

   C.   Final Plan Stage: After approval of a general concept plan by the planning commission for the PUD and approval of a development stage plan by the city council for a section of the proposed PUD, the applicant will submit the following material for review by the city prior to issuance of a building permit.

      1.   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

      2.   All certificates, seals and signatures required for the dedication of land and recording of documents.

      3.   Final architectural working drawings of all structures.

      4.   A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a city/applicant agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

      5.   Any other plan, agreements, or specifications necessary for the city to review the proposed construction. All work must be in conformance with the state uniform building code. (Ord. 2004-40, 1-3-2005)

   A.   General Processing Requirements: The PUD request shall be processed according to chapter 3 or chapter 4 of this title as may be applicable, except as herein modified.

   B.   Application Conference: Prior to filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange a conference with the city. The primary purpose of the conference shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the proposal for the area for which it is proposed and its conformity to the provisions of this article before incurring substantial expense in the preparation of plans, surveys and other data.

   C.   General Concept Plan:

      1.   Purpose: The general concept plan provides an opportunity for the applicant to submit a plan to the city showing his basic intent and the general nature of the entire development without incurring substantial cost. The following elements of the proposed general concept plan represents the immediately significant elements for city review and comment.

         a.   Overall maximum PUD density range.

         b.   General location of major streets and pedestrianways.

         c.   General location and extent of public and common open space.

         d.   General location of residential and nonresidential land uses with approximate type and intensities of development.

         e.   Staging and time schedule of development.

         f.   Other special criteria for development.

      2.   Schedule:

         a.   The applicant shall file the concept stage application, together with all supporting data and filing fee as established by council resolution.

         b.   Within thirty (30) days after verification by the city that the application and required supportive material is completed and adequate, the request shall be processed in accordance with the applicable procedures and schedule as defined by chapter 3 of this title.

      3.   Optional Submission Of Development Stage Plan: In the case of single stage PUDs or where the first stage of a multiple stage PUD is to begin immediately, the applicant may initially submit development stage plans and supportive material. In such case, the city shall consider and act upon such plans according to the applicable provisions of this article.

      4.   Effect Of Concept Plan Approval: Unless the applicant shall fail to meet time schedules for filing development stage and final plans, or shall fail to proceed with development in accordance with the plans as approved, or shall in any other manner fail to comply with any condition of this title or of any approval granted pursuant to it, a general concept plan which has been approved shall not be modified, revoked or otherwise impaired pending the application of development stage and final plans by any action of the city without the consent of the applicant.

      5.   Limitation On General Concept Plan Approval: Unless a development stage plan covering at least ten (10) dwelling units or the area designated in the general concept plan as the first stage of the PUD, whichever is greater, has been filed within six (6) months from the date city grants general concept plan approval, or in any case where the applicant fails to file development stage and final plans and to proceed with development in accordance with the provisions of this title and of an approved general concept plan, the approval shall lapse. Upon request by the applicant, the council at its discretion may extend for additional periods, not in excess of six (6) months each, the filing deadline for any development stage plan, when, for good cause shown, such extension is necessary.

   D.   Development Stage:

      1.   Purpose: The purpose of the development stage plan is to provide a specific and particular plan upon which the planning commission will base its recommendation to the council and with which substantial compliance is necessary for the preparation of the final plan.

      2.   Submission Of Development Stage: Upon approval of the general concept plan, and within the time established in subsection C5 of this section, the applicant shall file with the city a development stage plan consisting of the information and submissions required by subsection 10-17A-3B of this article for the entire PUD or for one or more stages thereof in accordance with a staging plan approved as part of the general concept plan. The development stage plan shall refine, implement and be in substantial conformity with the approved general concept plan.

      3.   Review And Action By City Staff And Planning Commission:

         a.   Immediately upon receipt of a completed development stage plan, said plan shall be referred to the following city staff and/or official bodies for the indicated action.

            (1)   The city attorney for legal review of all documents.

            (2)   The city engineer for review of all engineering data and the city/developer agreement.

            (3)   The building official for review of all building plans.

            (4)   The city manager or his agent for review of all plans for compliance with the intent, purpose and requirements of this title and conformity with the general concept plan and comprehensive plan.

            (5)   The planning commission for review and recommendation to the council.

            (6)   When appropriate, as determined by the city manager to other special review agencies and governmental jurisdictions.

         b.   The review and action by city staff and/or official bodies so designated shall be completed within ninety (90) days of the receipt of a completed development stage plan.

      4.   Council Action: Within one hundred fifty (150) days of the receipt of a completed development stage plan, the city council shall act to deny or approve the request.

      5.   PUD Enactment: Final approval of a PUD conditional use permit or PUD zoning district map amendment shall be considered granted only at the time of development stage plan approval by the city council.

      6.   Limitation On Development Stage Plan Approval: Unless a final plan covering the area designated in the development stage plan as the first stage of the PUD has been filed within six (6) months from the date council grants development stage plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this title and/or an approved development stage plan, the approval shall expire. Upon application by the applicant, the council at its discretion may extend for not more than six (6) months, the filing deadline for any final plan when, for good cause shown, such extension is necessary.

      7.   Site Improvements: At any time following the approval of a development stage plan by the council, the applicant may, pursuant to the applicable city code provisions, apply for, and the city may issue, grading permits for the area within the PUD for which development stage plan approval has been given.

   E.   Final Plan:

      1.   Purpose: The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city code provisions as the land use regulation application to the PUD. The final plan is intended only to add detail to, and to put in final form, the information contained in the development stage plan and shall conform to the development stage plan in all respects.

      2.   Schedule:

         a.   Upon approval of the development stage plan, and within the time established in subsection D6 of this section, the applicant shall file with the city a final plan consisting of the information and submissions required in this section for the entire PUD or for one or more stages. This plan will be reviewed and approved or denied by city staff.

         b.   Within thirty (30) days of its approval, the applicant shall cause the final plan, or such portions thereof as are appropriate, to be recorded with the county recorder or registrar of titles. The applicant shall provide the city with a signed copy verifying county recording within forty (40) days of the date of approval.

      3.   Building And Other Permits: Except as otherwise expressly provided herein, upon receiving notice from the city that the approved final plan has been recorded and upon application of the applicant pursuant to the applicable city code provisions, the city may issue building and other permits to the applicant for development, construction and other work in the area encompassed by the approved final plan; provided, however, that no such permit shall be issued unless the city is first satisfied that the requirements of all codes and city code provisions which are applicable to the permit sought, have been met.

      4.   Limitation Of Final Plan Approval: Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the approved development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension shall have been granted as hereinafter provided, automatically render void the PUD permit and all approvals of the PUD plan, and the area encompassed within the PUD shall thereafter be subject to those provisions of this title, and other city code provisions, applicable in the district in which it is located. In such cases, the council shall forthwith adopt a resolution repealing the PUD permit and all PUD approvals and reestablish the zoning and other city code provisions that would otherwise be applicable. The time limit established may, at the discretion of the council, be extended for not more than one year.

      5.   Inspections During Development:

         a.   Compliance With Overall Plan: Following final plan approval of a PUD, or a stage thereof, the city shall, at least annually until the completion of the development, review all permits issued and construction undertaken and compare actual development with the approved development schedule.

         b.   Noncompliance With Schedule: If the city finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the PUD plans as finally approved, the city shall either by ordinance revoke the PUD permit, and the land shall thereafter be governed by the regulations applicable in the district in which it is located; or shall take such steps as it shall deem necessary to compel compliance with the final plans as approved; or shall require the landowner or applicant to seek an amendment to the final plan. (Ord. 2004-40, 1-3-2005)

   A.   Statutory Authorization: The legislature of the state of Minnesota has, in Minnesota statutes chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

   B.   Purpose: The special flood hazard areas of the city of Moorhead are subject to periodic inundation which results in potential 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, all of which adversely affect the public health, safety, and general welfare. It is the purpose of this article to promote the public health, safety, and general welfare and to minimize those losses described above by provisions contained herein.

This article is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 code of federal regulations parts 59 - 78, as amended, so as to maintain the community's eligibility in the national flood insurance program. (Ord. 2012-1, 2-27-2012)

   A.   Study And Map Adopted By Reference: The flood insurance study for Clay County, Minnesota and incorporated areas, the flood insurance rate maps therein numbered 27027C0308E, 27027C0309E, 27027C0316E, 27027C0317E, 27027C0318E, 27027C0319E, 27027C0328E, 27027C0338E, 27027C0340E, 27027C0456E, 27027C0457E, 27027C0458E, 27027C0459E, 27027C0470E, 27027C0480E, 27027C0481E, 27027C0484E and the flood insurance rate map index numbered 27027CIND2A and 27027CIND1A, all dated April 17, 2012, and prepared by the federal emergency management agency, are hereby adopted by reference and are hereby declared to be a part of this title. The maps covering the city boundaries of the city of Moorhead and any maps of property annexed into the city of Moorhead are declared to be part of the official zoning map. The floodway district shall comprise those areas shown as floodway on the flood insurance rate map. The flood fringe shall comprise those areas within the 100-year floodplain (i.e., zone AE) shown on the flood insurance rate map located outside of the floodway.

   B.   Boundaries: The boundaries of the floodway and flood fringe (the floodplain) shall be determined by use of the 100-year flood profile, the ground elevations that existed on the date of the first national flood insurance program map showing the area in the floodplain (dated July 1, 1974) and other supporting technical data in the flood insurance study and by scaling distances off the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map or other appropriate maps, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the city shall make the necessary interpretation based on the criteria stated above. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.

   C.   Warning And Disclaimer Of Liability: This title does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This title will not create liability on the part of the city of Moorhead or any officer or employee thereof for any flood damages that result from reliance on this title or any administrative decision lawfully made thereunder.

   D.   Abrogation And Greater Restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other regulations in this title inconsistent with this article are hereby repealed to the extent of the inconsistency only.

   E.   Severability: If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.

   F.   Flood Insurance Rate Map Panels: The flood insurance rate map panels adopted by reference into subsection A of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Moorhead at the time of adoption of this article. If any of these floodplain land areas are annexed into the city of Moorhead after the date of adoption of this article, the newly annexed floodplain lands shall be subject to the provisions of this article immediately upon the date of annexation into the city of Moorhead. (Ord. 2012-1, 2-27-2012)

   A.   The use districts lying within the floodplain areas under the jurisdiction of this title are hereby divided into two (2) additional districts: floodway district (FW) and flood fringe district (FF) as follows:

Floodway District: The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in subsection 10-17B-2A of this article.

Flood Fringe District: The flood fringe district shall include those areas designated as floodway fringe. The flood fringe district shall include those areas shown on the flood insurance rate map as adopted in subsection 10-17B-2A of this article as being within zone AE but being located outside of the floodway.

   B.   The boundaries of these districts shall be shown on the official zoning map. Within these districts, all uses not allowed as permitted uses or as conditional uses shall be prohibited. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this title and other applicable regulations which apply to uses within the jurisdiction of this title.

   C.   Removal of lands from the designated floodplain shall require the following: an amendment to the official zoning map as outlined in chapter 3 of this title; adoption of the approved FEMA case number within this article; and shall be in compliance with Minnesota rules 6120.5800 subpart 2. (Ord. 2012-1, 2-27-2012)

The following uses must have a low flood damage potential, must be permissible in the underlying zoning district if one exists, must not obstruct flood flows or increase flood elevations, and must not involve structures, fill, obstructions, excavation, or storage of materials or equipment.

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

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, bicycle and pedestrian trails.

Residential, commercial and industrial lawns, gardens, plant nurseries, parking and loading areas and play areas. (Ord. 2012-1, 2-27-2012; amd. Ord. 2022-06, 3-28-2022)

Structures accessory to those uses listed in section 10-17B-4-1 of this article and the uses listed below:

Circuses, carnivals and similar transient amusement enterprises.

Drive-in theaters, new and used car lots, roadside stands, signs and billboards.

Extraction of sand, gravel, dirt or other materials provided such materials are not piled and/or stored in the floodway.

Fences that obstruct flood flows.

Kennels.

Marinas, boat rentals, docks, piers, wharves and water control structures.

Placement of fill.

Railroads, streets, bridges, utility transmission lines, utility boxes, and pipelines.

Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of subsection 10-17B-6C of this article.

Storage yards for equipment, machinery or materials.

Structural works for flood control such as dams, diversion channels, levees and floodwalls constructed to any height where the intent is to protect individual structures and levees and dikes where the intent is to protect agricultural crops.

Uses or structures accessory to passive or active open space areas. (Ord. 2012-1, 2-27-2012)

All such uses require a conditional use permit based upon the procedures set forth in and regulated by chapter 4 and section 10-18-2 of this title.

   A.   Fill: Any fill proposed to be deposited in the floodway must be shown to have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and final dimensions of the proposed fill or other materials. Such fill shall not increase the designated 100-year flood elevation by more than 0.00 feet and shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method.

   B.   Accessory Structures (Temporary Or Permanent):

      1.   Structures shall not be designated for human habitation.

      2.   Structures shall have a low flood damage potential.

      3.   The structure or structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

         a.   Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and

         b.   So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

      4.   Structures shall be adequately anchored to prevent flotation which may result in damage to other structures and/or restriction of bridge openings and other narrow sections of the stream or river.

      5.   Utilities and facilities such as gas, electrical, sewer and water systems to be located in the floodway shall be floodproofed in accordance with the Minnesota state building code or elevated to above the regulatory flood protection elevation.

      6.   Structures shall be elevated on fill or floodproofed to the FP-1 or FP-2 floodproofing classifications as defined by the Minnesota state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the Minnesota state building code provided the accessory structure constitutes a minimal investment, does not exceed five hundred seventy six (576) 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:

         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;

         b.   Utilities and facilities such as gas, electrical, sewer and water systems to be located in the floodway shall be floodproofed in accordance with the Minnesota state building code or elevated to above the regulatory flood protection elevation; and

         c.   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.

   C.   Storage Of Material And Equipment:

      1.   The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited.

      2.   Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning.

   D.   Garbage And Solid Waste Disposal: No conditional use permits for garbage and waste disposal sites shall be issued for floodway areas.

   E.   Permanent Structural Works For Flood Control:

      1.   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 statutes, chapter 103G.

      2.   Communitywide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

      3.   Structural works for flood control constructed in the floodway shall not cause an increase to the 100-year or regional flood unless the federal emergency management agency has issued a conditional and final letter of map revision pursuant to 44 code of federal regulations 65.12 authorizing the stage increase to the 100-year flood elevation in the floodway. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

      4.   Levees constructed to protect agricultural crops shall cause no stage increase to the 100-year flood for any portion of the levee in the floodway. (Ord. 2012-1, 2-27-2012)

Any conditional use or permitted use in the floodway overlay district unless otherwise identified in section 10-17B-5-2 of this article.

All structures, including accessory structures, constructed on fill so that the lowest floor and electrical, heating, ventilation, duct work, plumbing, air-conditioning, and other service equipment and facilities are at or above the regulatory flood protection elevation. Except as provided in 10-17B-5-1A water, sewer, electrical, and other utility lines below the regulatory flood protection elevation shall be constructed to prevent water from entering or accumulating within them during flooding conditions.

The finished fill elevation shall be no lower than the base flood elevation for the particular area and shall extend to such elevation at least fifteen feet (15') beyond the limits of any structure or building erected thereon. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred seventy six (576) square feet at its largest projection may be internally floodproofed in accordance with subsection 10-17B-4-3B6 of this article.

The storage of any materials or equipment elevated on fill to the regulatory flood protection elevation.

Lots and subdivisions or otherwise legally described areas that have an approved letter of map revision - based on fill (LOMR-F) as described in and officially adopted by section 10-17B-8 of this article, which have been filled to an elevation at or above the regulatory flood protection elevation per Minnesota rules 6120.5800, subpart 2, and are contiguous to other lands lying outside the flood fringe district and which are in compliance with the following standards are herein permitted:

   A.   Residential basements may be constructed below the regulatory flood protection elevation if in compliance with the FP-1 floodproofing classification (i.e., a W1 space) of the Minnesota state building code and in accordance with the following minimum requirements, consistent with 44 code of federal regulation 60.6(c) and the city of Moorhead "basement" exception from the federal emergency management agency, or the federal emergency management agency technical bulletin 10-01, as amended:

      1.   Flood Depth: Flood depths shall not be more than five feet (5') for developable lots that are contiguous to land above the base flood elevation (100-year flood) or three feet (3') for other lots.

      2.   Flood Velocity: Flood velocity shall be limited to five feet (5') per second.

      3.   Flood Warning Time: Flood warning time shall be at least twelve (12) hours. Flood warning times of two (2) hours or greater may be approved if the community demonstrates that it has a flood warning system and an emergency plan in operation that is adequate to ensure safe evacuation of affected residents.

      4.   Basement Structural Requirements:

         a.   Basements shall be designed and constructed so that any basement area, utilities and sanitary facilities below the floodproofed level are floodproofed in accordance with the FP-1 floodproofing classification (e.g., watertight with walls impermeable to the passage of water without human intervention).

         b.   Basement walls shall be built with the capacity to resist the hydrostatic and hydrodynamic loads as well as the effects of buoyancy resulting from flooding to the floodproofed design level, and shall be designed so that minimal damage will occur from floods exceeding that level.

         c.   Floodproofing design level shall be an elevation no lower than the regulatory flood protection elevation where the difference between the 100-year flood and the 500-year flood levels is three feet (3') or less and two feet (2') above the 100-year flood level where the difference between the 100-year flood and 500-year flood levels is greater than three feet (3').

      5.   Basement Floor: The top of basement floor shall be no lower than five feet (5') below the 100-year flood level.

      6.   Fill:

         a.   The area surrounding the structure must be filled to an elevation no lower than the base flood elevation for the particular area and shall extend to such elevation at least fifteen feet (15') beyond the limits of any structure or building erected thereon;

         b.   Fill must be compacted to at least ninety five percent (95%) of standard laboratory maximum dry density (standard proctor), according to the American Society For Testing And Materials (ASTM) standard D-698, or as otherwise directed by the city. Fill soils must be fine grained soils of low permeability, such as those classified as CH, CL, SC, or ML according to the ASTM standard D-2487, "Classification Of Soils For Engineering Purposes"; and

         c.   Slopes must be protected by a vegetative cover.

      7.   Develop/Review Of Structural Design Of Building: A registered professional engineer or architect shall develop or review the building's structural design, specifications, and plans, including consideration of depth, velocity, and duration of flooding and type and permeability of soils at the building site, and inspect and certify that the basement design, as constructed, is in accordance with accepted standards of practice for meeting the provisions of this paragraph; and

      8.   Inspection Of Structure: The community building official is authorized to inspect the structure to verify that it meets the provisions of this section. (Ord. 2012-1, 2-27-2012; amd. Ord. 2022-06, 3-28-2022)

The following uses require a provisional use permit based upon procedures and regulated by chapter 6 of this title. The city planner and zoning administrator, or designee, will provide a copy of the provisional use permit to the commissioner of natural resources within ten (10) days of its issuance.

   A.   Lots and subdivisions or otherwise legally described areas that have an approved letter of map revision - based on fill (LOMR-F) as described in section 10-17B-8 of this article and which are in compliance with the following:

      1.   Residential basements may be constructed below the regulatory flood protection elevation if in compliance with the FP-1 floodproofing classification (i.e., a W1 space) of the Minnesota state building code and in accordance with the requirements in subsection 10-17B-5-1A of this article, consistent with 44 code of federal regulations 60.6(c) and the city of Moorhead "basement" exemption from the federal emergency management agency, or the federal emergency management agency technical bulletin 10-01 as amended, and only upon compliance with this article and the provisions of chapter 6 of this title. (Ord. 2012-1, 2-27-2012)

Requires a conditional use permit based upon procedures and regulated by chapter 4 of this title. The following uses may be allowed in the FF flood fringe overlay district only upon compliance with this article and section 10-17B-7-3 of this article and the provisions of chapter 4 and section 10-18-2 of this title:

   A.   Residential Basements: Residential basements may be constructed below the regulatory flood protection elevation if in compliance with the FP-1 floodproofing classification (i.e., a W1 space) of the Minnesota state building code and in accordance with the requirements in subsection 10-17B-5-1A of this article, consistent with 44 code of federal regulations 60.6(c) and the city of Moorhead "basement" exemption from the federal emergency management agency, or the federal emergency management agency technical bulletin 10-01 as amended.

   B.   Storage Of Materials And Equipment:

      1.   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.

      2.   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.

   C.   Nonresidential Structures: All areas of nonresidential structures, including basements to be placed below the regulatory flood protection elevation, shall be floodproofed in accordance with the structurally dry floodproofing classifications in the Minnesota state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the Minnesota 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.

   D.   Alternative Elevation Methods:

      1.   Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above grade, enclosed areas. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: a) the enclosed area is above grade on at least one side of the structure; b) it is designed to internally flood and is constructed with flood resistant materials; and c) it 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.   Design And Certification: The structure's design and as built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the Minnesota state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent floodwater from entering or accumulating within these components during times of flooding.

         b.   Specific Standards For Above Grade, Enclosed Areas: Above grade, fully enclosed areas must be designed to internally flood and the design plans must stipulate:

            (1)   A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one foot (1') above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and

            (2)   That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the Minnesota state building code and shall be used solely for building access, parking of vehicles or storage. (Ord. 2012-1, 2-27-2012)

   A.   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 floodplain development 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 and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the 100-year flood.

   B.   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 subsection A of this section. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

   C.   Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method.

   D.   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 may 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.

   E.   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.

   F.   Standards for recreational vehicles are contained in subsection 10-17B-6C of this article. (Ord. 2012-1, 2-27-2012)

   A.   Floodplain Developments: 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. No use shall affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch or any other drainage facility or stream.

   B.   Public Utilities, Railroads And Bridges:

      1.   Public Utilities: All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain shall be designed to prevent floodwater from entering or accumulating within during times of flooding or floodproofed in accordance with the Minnesota state building code or elevated to above the regulatory flood protection elevation.

      2.   Public Transportation Facilities: Railroad tracks, roads, and bridges shall comply with this article and the zoning title. Elevation to the regulatory flood protection elevation shall be provided where failure and 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. Minor or auxiliary railroad tracks, roads or bridges may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety and as long as such construction is in accordance with the rules and regulations of the department of natural resources, state of Minnesota, and the federal emergency management agency.

   C.   Manufactured Homes And Manufactured Home Parks And Placement Of Recreational Vehicles:

      1.   New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 11-7-3 of this code.

      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 section 10-17B-5 of this article. If vehicular road access for preexisting manufactured home parks is not provided in accordance with section 10-17B-5-2 of this article, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city.

         a.   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.

      3.   Recreational vehicles that do not meet the exemption criteria specified in subsection C3a of this section shall be subject to the provisions of this title and as specifically spelled out in subsections C3c and C3d of this section.

         a.   Exemption: Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in subsection C3b of this section and further they meet the following criteria:

            (1)   Have current licenses required for highway use.

            (2)   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 recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.

            (3)   The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.

         b.   Areas Exempted For Placement Of Recreational Vehicles:

            (1)   Individual lots or parcels of record.

            (2)   Existing commercial recreational vehicle parks or campgrounds.

            (3)   Existing condominium type associations.

         c.   Loss Of Exemption: Recreational vehicles exempted in subsection C3a of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle or exceeding five hundred dollars ($500.00) for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in this article. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

         d.   New Commercial Recreational Vehicle Parks Or Campgrounds: New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

            (1)   Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with section 10-17B-5-1 of this article. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

            (2)   All new or replacement recreational vehicles not meeting the criteria of subsection C3d(1) of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of chapter 4 of this title. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections C3a(1) and C3a(2) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding. (Ord. 2012-1, 2-27-2012)

   A.   Application For Building Permits And Floodplain Development Permits: Application for a building permit and floodplain development permit shall be made in accordance with city regulations and the Minnesota state building code. Additional information for properties located in the floodway district or flood fringe overlay district shall include plans drawn to scale; elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation to the channel.

   B.   Construction And Use To Be As Provided In Applications, Plans And Permits: Additional requirements beyond those provided elsewhere in this title for properties in the floodway or flood fringe overlay district include the requirement to submit certification by a registered professional engineer, architect or land surveyor as appropriate, that the finished fill and building floor elevations, floodproofing or other flood protection measures were designed and constructed in compliance with the provisions of this title.

   C.   State And Federal Permits: Prior to granting a building permit, floodplain development permit, conditional use permit or variance it shall be determined that the applicant has obtained all necessary state and federal permits, if required.

   D.   Permits Required: Permits, when required, shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure or portion thereof in the floodway and flood fringe overlay districts; prior to the use or change of use of a building, structure or land; prior to the construction of a dam, fence, or on site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill or excavation of materials within the floodway and/or flood fringe overlay districts.

   E.   Record Of First Floor Elevation: The city shall maintain a record of the elevation of the first floor and basement floor (if applicable) of all new structures or alterations or additions to existing structures in the floodway and flood fringe district. The city shall also maintain a record of the elevation to which structures, alterations, or additions to structures are floodproofed.

   F.   Notifications For Watercourse Alterations: The zoning administrator, or designee, shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota statutes, chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA).

   G.   Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the zoning administrator, or designee, shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data. (Ord. 2012-1, 2-27-2012)

   A.   Procedures: All variance requests are subject to the procedures set forth in and regulated by chapter 5 of this title.

   B.   Variances: No variance shall have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.

   C.   Hearings: For properties within the floodway or flood fringe overlay district, the board shall submit to the commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.

   D.   Decisions: A copy of all decisions granting variances for properties in the floodway or flood fringe shall be forwarded to the commissioner of natural resources within ten (10) days of such action.

   E.   Additional Criteria: The following additional variance criteria of the federal emergency management agency must be satisfied:

      1.   Variances shall not be issued by a community within any designated regulatory floodway if any increase by more than 0.00 feet in flood levels during the base flood discharge would result.

      2.   Variances shall only be issued by a community upon: a) a showing of good and sufficient cause, b) a determination that failure to grant the variance would result in exceptional hardship and practical difficulties to the applicant, and c) a determination that the granting of a variance will not result in increased flood heights by more than 0.00 feet, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

      3.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

   F.   Flood Insurance Notice And Recordkeeping: The zoning administrator, or designee, shall notify the applicant for a variance that:

      1.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and

      2.   Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program. (Ord. 2012-1, 2-27-2012)

   A.   Permit Requests: All conditional use permit requests are subject to the procedures set forth in and regulated by chapter 4 and section 10-18-2 of this title.

   B.   Application Requirements: Upon receiving an application for a conditional use permit in the floodway or flood fringe district, the planning commission, in formulating its recommendation to the council, may prior to rendering its recommendation thereon:

      1.   Require the applicant to furnish the following information if deemed necessary by the planning commission to determine the suitability of the particular site for the proposed use:

         a.   Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the channel.

         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 all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; and soil types.

         d.   Profile showing the slope of the water surface of the stream.

         e.   Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

         f.   Additional information as requested.

      2.   Transmit one copy of the information described in subsection B1 of this section to a designated engineer or other expert person or agency selected by the planning commission for technical assistance, where necessary, to evaluate the proposed project in relation to flood heights and velocities, potential flood damage to the use, the adequacy of the plans for protection and other technical matters. The fees of such expert shall be paid by the applicant.

      3.   Based upon the technical evaluation of the designated engineer or expert, the planning commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

   C.   Hearings: For properties within the floodway or flood fringe overlay district, the planning commission shall submit to the commissioner of natural resources a copy of the application for proposed conditional use permits sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.

   D.   Decisions: A copy of all decisions granting conditional use permits for properties in the floodway and flood fringe shall be forwarded to the commissioner of natural resources within ten (10) days of such action.

   E.   Factors Upon Which Decisions To Issue Conditional Use Permit Shall Be Based: In passing upon conditional use permits, the following shall be considered in addition to other applicable factors that may be required to be considered elsewhere in this title (including chapter 4 of this title):

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

      2.   The danger that materials may be swept onto other lands or downstream to the injury of others or that may block bridges, culverts, or other hydraulic structures.

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

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

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

      6.   The requirements of the facility for a waterfront location.

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

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

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

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

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

      12.   Such other factors which are relevant to the purposes of this title.

   F.   Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purposes of this title, the following conditions may be attached to the granting of conditional use permits or variances within the floodway or flood fringe overlay districts to fulfill the purposes of this title. Such conditions may include, but are not limited to, the following:

      1.   Modification of waste disposal and water supply facilities.

      2.   Limitations on period of use and operation.

      3.   Imposition of operational controls, sureties and deed restructures.

      4.   Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures.

      5.   The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area as well as floodproofing measures, in accordance with the Minnesota state building code and this title. (Ord. 2012-1, 2-27-2012)

The floodplain designation on zoning maps shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to an elevation at or above the regulatory flood protection elevation and is contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the commissioner of natural resources if it is determined that, through other measures, lands are protected adequately for the intended uses. All amendments, including amendments to the floodway or flood fringe districts on the official zoning map, must be submitted to and approved by the commissioner of natural resources prior to adoption. Changes in the official zoning map must meet the federal emergency management agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider an amendment to this article, flood related definitions in section 10-2-2 of this title, and any floodway or flood fringe related sections of this title and said notice shall include a draft of the amendment or technical study under consideration. (Ord. 2012-1, 2-27-2012)

The city zoning administrator, or designee, shall maintain a master list of letters of map revision - based on fill (LOMR-F) approved by the federal emergency management agency. That master list, consisting only of approved LOMR-Fs, is hereby adopted by this article. (Ord. 2012-1, 2-27-2012)

The purpose of this article is to establish standards and procedures by which the installation and operation of wind energy conversion systems (WECS) shall be governed within the city. (Ord. 2004-40, 1-3-2005)

Wind energy conversion systems may be allowed as a conditional use within any nonresidential district of the city, subject to the regulations and requirements of this article. (Ord. 2004-40, 1-3-2005)

All applications for a WECS conditional use permit shall be accompanied by a detailed site plan drawn to scale and dimension, displaying the following information:

   A.   Lot lines and dimensions.

   B.   Location and height of all buildings, structures, aboveground utilities and trees on the lot, including both existing and proposed structures and guy wire anchors.

   C.   Locations and height of all adjacent buildings, structures, aboveground utilities and trees located within three hundred fifty feet (350') of the exterior boundaries of the property in question.

   D.   Existing and proposed setbacks of all structures located on the property in question.

   E.   Sketch elevation of the premises accurately depicting the proposed WECS and its relationship to structures on adjacent lots. (Ord. 2004-40, 1-3-2005)

Standard drawings of the structural components of the wind energy conversion system and support structures, including base and footings shall be provided along with the engineering data and calculations to demonstrate compliance with the structural design provisions of the state building code especially with regards to wind and icing loads. Drawings and engineering calculations shall be certified by a registered engineer. (Ord. 2004-40, 1-3-2005)

WECS electrical equipment and connections shall be designed and installed in adherence to the national electrical code as adopted by the city. (Ord. 2004-40, 1-3-2005)

The applicant shall provide documentation or other evidence from the dealer or manufacturer that the WECS has been successfully operated in atmospheric conditions similar to the conditions within the city. The WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions. (Ord. 2004-40, 1-3-2005)

   A.   Height: The permitted maximum height of a WECS shall be determined in one of two (2) ways. In determining the height of the WECS, the total height of the system shall be included. System height shall be measured from the base of the tower to the highest possible extension of the rotor.

      1.   A ratio of one foot (1') to one foot (1') between the distance of the closest property line to the base of WECS to the height of the system.

      2.   A maximum system height of fifty feet (50').

The shortest height of the two (2) above mentioned methods shall be used in determining the maximum allowable height of a WECS system. The height of a WECS must also comply with FAA regulation part 77 "Objects Affecting Navigable Air Space" and/or MnDot rule 14, MCAR 1.3015 "Criteria For Determining Obstruction To Air Navigation".

   B.   Setbacks: No part of a WECS (including guy wire anchors) shall be located within or above any required front, side or rear yard setback and in no event shall any part of the system be within ten feet (10') of any property line. WECS towers shall be set back from the closest property line one foot (1') for every one foot (1') of system height. WECS shall not be located within thirty feet (30') of an aboveground utility line.

   C.   Rotor Size: All WECS rotors shall not have rotor dimensions greater than twenty six feet (26').

   D.   Rotor Clearance: Blade arcs created by the WECS shall have a minimum of thirty feet (30') of clearance over any structure or tree within a two hundred foot (200') radius.

   E.   Rotor Design: The blade design and materials are to be designed and constructed to ensure safe operation in an urban area.

   F.   Rotor Safety: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping WECS operation in high wind (40 mph or greater) or in conditions of imbalance.

   G.   Lightning Protection: Each WECS shall be grounded to protect against natural lightning strikes in conformance with the national electrical code as adopted by the city.

   H.   Component Compatibility: The wind turbine and wind turbine tower are to be designed and constructed to be compatible.

   I.   Tower Access: To prevent unauthorized climbing, WECS towers must comply with one of the following provisions:

      1.   Tower climbing apparatus shall not be located within twelve feet (12') of the ground.

      2.   A locked anticlimb device shall be installed on the tower.

      3.   Tower capable of being climbed shall be enclosed by a locked, protective fence at least six feet (6') high.

   J.   Signs: WECS shall have one sign, not to exceed two (2) square feet at the base of the tower and said sign shall contain the following information:

      1.   Warning high voltage.

      2.   Manufacturer's name.

      3.   Emergency phone number.

      4.   Emergency shutdown procedures.

   K.   Lighting: WECS shall not have affixed or attached any lights, reflectors, flashers or any other illumination, except for illumination devices required by FAA regulations part 77 "Objects Affecting Navigable Air Space" and FAA advisory circular 70/7460-1F, September 1978, "Obstruction Marking And Lighting".

   L.   Electromagnetic Interference: WECS shall be designed and constructed so as not to cause radio and television interference.

   M.   Noise Emissions: Noises emanating from the operation of WECS shall be in compliance with and regulated by the state pollution control standards, Minnesota regulations NPC 1 and 2, as amended.

   N.   Utility Company Interconnection: No WECS shall be interconnected with the local electrical utility company until the utility company and the Moorhead public service commission has reviewed and commented upon it. The interconnection of the WECS with the utility company shall adhere to the national electrical code as adopted by the city. (Ord. 2004-40, 1-3-2005)

Ornamental wind devices that are not a WECS shall be exempt from the provisions of this article and shall conform to other applicable provisions of this title and this code. (Ord. 2004-40, 1-3-2005)

A building permit shall be required for the installation of a WECS in the city. (Ord. 2004-40, 1-3-2005)

The city hereby reserves the right upon issuing any WECS conditional use permit to inspect the premises on which the WECS is located. If a WECS is not maintained in operational condition and poses a potential safety hazard, the owner shall take expeditious action to correct the situation. (Ord. 2004-40, 1-3-2005)

Any WECS or tower which is not used for six (6) successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. (Ord. 2004-40, 1-3-2005)

In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, these regulations are necessary to facilitate provisions of wireless telecommunications services to the residents and businesses of the city, minimize adverse visual effects of towers through careful design and siting standards, avoid potential damage to adjacent properties from structural failure through structural standards and setback requirements, and maximize the use of existing and approved structures and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 2016-11, 6-27-2016)

ANTENNA: Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas.

COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

TOWER: Any ground or roof mounted pole, spire, structure, or combination thereof taller than fifteen feet (15'), including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

TOWER ACCESSORY EQUIPMENT: Wires, cables, generators, air conditioning units, and other structures located at the base of a tower housing radio receiving/transmitting equipment and other associated electronic equipment necessary for a communications facility.

TOWER HEIGHT: The vertical distance from the average grade at the base of a tower to the highest point of a tower or to the highest point of the highest wireless communications facilities on a tower, whichever is higher. When towers are mounted upon other structures, the combined height of the structure and tower must meet the height restrictions set forth in this article. (Ord. 2016-11, 6-27-2016)

All commercial wireless telecommunication towers erected, constructed, or located within the city must comply with the following requirements:

   A.   A proposal for a new commercial wireless telecommunications tower must not be approved unless the applicant proves that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower, building or other structure within a reasonable search radius of the proposed tower due to one or more of the following reasons:

      1.   The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned or equivalent equipment at a reasonable cost.

      2.   The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified professional engineer and the interference cannot be prevented at a reasonable cost.

      3.   Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional engineer.

      4.   Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

   B.   Any proposed commercial telecommunications tower must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. For all ground mounted commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successor to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

   C.   Where due to the complexity of the methodology or analysis required to review an application for a commercial telecommunications tower, the city may require a technical review by a third party expert. The costs of this review shall be borne by the applicant and shall be in addition to any applicable conditional use permit or building permit fees. The applicant shall submit an escrow deposit that may be applied toward the cost of such technical review upon notification from the city that a technical review is required and shall remit any outstanding balance to the city prior to issuance of a building permit. The technical review may address any or all of the following:

      1.   The accuracy and completeness of submissions;

      2.   The applicability of analysis techniques and methodologies;

      3.   The validity of conclusions reached;

      4.   Whether the proposed wireless communications facility complies with the applicable criteria set forth in these regulations;

      5.   Other matters deemed by the city to be relevant to determining whether a proposed wireless communications facility complies with the provisions of these regulations. (Ord. 2016-11, 6-27-2016)

   A.   Towers in residentially zoned districts shall conform to the following provisions:

      1.   Any new ground, roof or building mounted towers and antennas which comply with provisions within this code, are allowed as follows:

 

 

 

 

      2.   Ground mounted towers shall be limited to noncommercial towers and antennas, are allowed only in the rear yard of residentially zoned property and shall be set back a minimum of five feet (5') from all property lines.

      3.   Private wireless telecommunications antennas, such as satellite dishes and other similar antennas, are permitted in all residential districts to a maximum height of fifteen feet (15') and may not be located in a required front or side yard setback; except for private wireless telecommunications antennas less than thirty inches (30") in diameter which may be located within a required front or side yard setback if mounted upon a residential structure.

   B.   Towers in nonresidentially zoned districts shall conform to the following provisions:

      1.   Allowed: Any new ground, roof or building mounted tower and antennas which comply with provisions within this code, are allowed as follows:

 

 

 

      2.   Exceptions: Antennas which comply with provisions within this code and are placed or otherwise attached to any existing tower facility, or any existing or replacement public utility structure or any existing or replacement light pole less than 50 feet in height are permitted in all zoning districts. and are not subject to the setbacks listed in this Section 10-17D-4 or the requirements of Section 10-17D-3.

      3.   Lease Or City Approval: With the exception of the necessary utility services and connection lines approved by the city, no part of any antenna or tower nor any lines, cable, equipment, or wires or braces in connection with either may at any time extend across or over any part of the public right of way, public street, highway, sidewalk, or property line without a lease or other approval by the city.

      4.   Setback: A tower's setback may be reduced or its location in relation to a public street adjusted, at the sole discretion of the city council, if the applicant provides evidence that a setback reduction is necessary to successfully engage in telecommunication services. (Ord. 2016-11, 6-27-2016; amd. Ord. 2022-19, 8-8-2022)

   A.   All towers and antennas erected, constructed, or located within the city, and all wiring therefor, must comply with the Minnesota state building code. Unless otherwise approved by the building officials, requests for new or modified towers and antennas must be accompanied by plans prepared by a qualified Minnesota professional engineer and include the following:

      1.   The tower or building construction and/or suitability to accept additional antennas and the proposed method for affixing the antenna to the structure.

      2.   Complete details of all fixtures and couplings, and the precise point of attachment.

      3.   Descriptions of the tower height and design including a cross section and elevation.

      4.   Documentation of the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas.

      5.   Descriptions of the tower's capacity, including the number and type of antennas that can be accommodated.

      6.   Documentation regarding what steps the applicant will take to avoid interference with established public safety telecommunications.

      7.   Other information necessary to evaluate the request or as required within the code.

      8.   Proof that the proposed tower complies with regulations administered by the federal communications commission, federal aviation administration and other applicable governing agencies.

      9.   A report from a qualified professional engineer which demonstrates the tower's compliance with the aforementioned structural and electrical standards.

   B.   Commercial wireless telecommunication towers must be a monopole design unless the city council determines that an alternative design is necessary to successfully engage in commercial telecommunication services.

   C.   Towers must not be illuminated by artificial means and not display strobe lights unless such lighting is specifically required by the federal aviation administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate public recreational areas, parking lots, or similar areas may be attached to the tower.

   D.   The use of any portion of a tower for signs other than warning or equipment information signs is prohibited. (Ord. 2016-11, 6-27-2016)

   A.   If a legal, nonconforming tower is destroyed by fire or other peril, it may be restored to its former extent if it is reconstructed within twelve (12) months of the date of said damage.

   B.   Normal tower and antenna replacement and repair to a lawful, nonconforming tower is permitted, including necessary nonstructural repairs and incidental alterations which do not physically extend, increase, or intensity the nonconforming tower and which comply with the provisions of this code. (Ord. 2016-11, 6-27-2016)

All abandoned or unused towers and associated facilities must be removed within twelve (12) months of the cessation of operations at the site, unless a time extension is approved by the city council. In the event that a tower is not removed within twelve (12) months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. (Ord. 2016-11, 6-27-2016)

No new or existing telecommunications facilities or services may interfere with public safety telecommunications. Before the introduction of new service, changes in frequencies, or maximum signal output, telecommunication providers must notify the city at least fifteen (15) calendar days in advance of such changes and allow the city to monitor interference levels during the testing process. (Ord. 2016-11, 6-27-2016)

This article is established to comply withe the rules and regulations outlined within State of Minnesota statutes and adopted by the Moorhead Municipal Airport Florence Klingensmith Field Joint Airport Zoning Board. (Ord. 2024-06, 7-22-2024)

   A.   The aeronautical zoning overlay is hereby adopted within this overlay district.

   B.   The aeronautical zoning overlay shall be defined, described and enforced within recorded document 846561, related zoning maps, and any recorded amendments hereto. (Ord. 2024-06, 7-22-2024)