Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this article its most reasonable application.

Accessory useor structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Basement means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Flood fringe means that portion of the floodplain outside of the floodway.

Floodplain means the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. Floodplain areas within the city shall encompass all areas designated as Zone A and Zones A1—30 on the flood insurance rate map adopted in section 109-374.

Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain that are reasonably required to carry or store the regional flood discharge.

Lowest floor means the lowest floor of the lowest enclosed area (including basement).

Manufactured home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory floodplain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this article, the term "recreational vehicle" shall be synonymous with the term "travel trailer/travel vehicle."

Regional flood means a flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood" used on the flood insurance rate map.

Regulatory flood protection elevation means an elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in section 109-431 (1) and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means, within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

(1)

Any project for the improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this article, the term "historic structure" shall be as defined in 44 CFR part 59.1.

(Prior Code, ch. 1602, subd. 4; Ord. No. 06-05)

The legislature of the state has, in Minn. Stats. chs. 103F and 462, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minn. Stats. ch. 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city does ordain as follows.

(Prior Code, ch. 1600, subd. l; Ord. No. 06-05)

The purpose of this article is to establish and maintain the community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, andimpairment of the tax base, all of which adversely affect the public health, safety and general welfare. The development of the floodplain district of the city could result in the potential loss of life and property, create health and safety hazards, and lead to extraordinary public expenditures for flood protection and relief. Since development of these areas is not essential to the orderly growth of the community and since these lands are suitable for open space uses that do not require structures or fill, the city council does ordain as follows.

(Prior Code, ch. 1600, subd. 2; Ord. No. 06-05)

This article does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This article shall not create liability on the part of the city of Oak Grove or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decisions lawfully made thereunder.

(Prior Code, ch. 1600, subd. 3; Ord. No. 06-05)

This article is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR parts 59—78, as amended, so as to establish and maintain the community's eligibility in the National Flood Insurance Program.

(Prior Code, ch. 1600, subd. 4; Ord. No. 06-05)

The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this article. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and incorporated areas and the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the city clerk and zoning administrator.

27003C0045E 27003C0065E 27003C0070E 27003C0157E 27003C0159E

27003C0167E 27003C0176E 27003C0178E 27003C0180E 27003C0181E

27003C0182E 27003C0183E 27003C0184E 27003C0186E 27003C0187E

(Prior Code, ch. 1602, subd. l; Ord. No. 06-05; Ord. 15-07, § 1, 11-30-2015)

This article shall apply to all lands designated as floodplain within the jurisdiction of the city. Floodplain areas within the city shall encompass all areas designated as floodway, zone AE and Zone A as shown on the flood insurance rate map adopted in section 109-374.

Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the one-percent annual chance floodplain. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the Regulatory Flood Protection Elevation (RFPE) (Figure 2).

(Prior Code, ch. 1602, subd. 2; Ord. No. 06-05; Ord. 15-07, § 2, 11-30-2015; Ord. No. 23-04, § 6, 9-11-2023)

The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city administrator or designee shall make the necessary interpretation based on the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or the date of the first National Flood Insurance Program map that placed the site in the floodplain if earlier and the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the community shall:

(1)

Require a floodplain evaluation consistent with this section to determine a 100-year flood elevation for the site; or

(2)

Base its decision on available hydraulic/hydrologic or site elevation survey data that demonstrates the likelihood the site is within or outside of the floodplain.

(Prior Code, ch. 1602, subd. 3; Ord. No. 06-05)

The flood insurance rate map panels adopted by reference into section 109-374 may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of the ordinance from which this article is derived. If any of these floodplain land areas are annexed into the city after the date of adoption of the ordinance from which this article is derived, the newly annexed floodplain lands shall be subject to the provisions of this article immediately upon the date of annexation into the city.

(Prior Code, ch. 1602, subd. 5; Ord. No. 06-05)

The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the community. The uses permitted in sections 109-428 and 109-429 shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this article shall apply in addition to other legally established regulations of the community and where this article imposes greater restrictions, the provisions of this article shall apply.

(Prior Code, ch. 1604, subd. l; Ord. No. 06-05)

No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, repaired, maintained, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway and flood fringe, all uses not listed as permitted uses in section 109-428 shall be prohibited. In addition, a caution is provided here that:

(1)

New residential and commercial structures, new manufactured homes, and replacement manufactured homes are prohibited in the floodplain.

(2)

Recreational vehicles are subject to the general provisions of this article and specifically sections 109-428 and 109-431.

(3)

Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and specifically sections 109-407 and 109-428.

(4)

As-built elevations for elevated structures must be certified by elevation surveys as stated in this article, division 2.

(Prior Code, ch. 1604, subd. 2; Ord. No. 06-05)

All amendments to this article, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The floodplain designation on the official floodplain zoning district map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. 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 days' written notice of all hearings to consider an amendment to this article and said notice shall include a draft of the ordinance amendment or technical study under consideration.

(Prior Code, ch. 1620; Ord. No. 06-05)

A permit issued by the building official or city administrator or designee as appropriate shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure or portion thereof; 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 excavation of materials or the storage of materials or equipment within the floodplain.

Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this ordinance, do not require a permit.

(Prior Code, ch. 1612, subd. 1; Ord. No. 06-05; Ord. No. 23-04, § 7, 9-11-2023)

Prior to granting a permit or processing an application for a variance, the building official or city administrator or designee as appropriate shall determine that the applicant has obtained all necessary state and federal permits.

(Prior Code, ch. 1612, subd. 2; Ord. No. 06-05)

If a variance is granted to authorize the construction of a building in the floodplain, then the applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished building elevations were accomplished in compliance with the provisions of this article. The building official shall maintain a record of the elevation of the lowest floor (including basement) for all existing structures in the floodplain district.

(Prior Code, ch. 1612, subd. 3; Ord. No. 06-05)

The city 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 Minn. Stats. ch. 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).

(Prior Code, ch. 1612, subd. 4; Ord. No. 06-05)

As soon as is practicable, but not later than six months after the date such supporting information becomes available, the city administrator or designee shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

(Prior Code, ch. 1612, subd. 5; Ord. No. 06-05)

(a)

The term "variance" means a modification of a specific permitted development standard required in an official control, including this article, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation and this article.

(b)

The board of adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this article as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities. In the granting of such variance, the board of adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this article, any other zoning regulations of the community, and the criteria specified in the respective enabling legislation which justified the granting of the variance. 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.

(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 resulting exceptional hardship to the applicant; and

c.

A determination that the granting of a variance will not result in increased flood heights, 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.

(c)

Variances from the provisions of this article may be authorized where the board of adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this article. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.

(d)

The board of adjustment shall submit by mail to the commissioner of natural resources a copy of the application for proposed variance sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the commissioner of natural resources within ten days of such action.

(e)

Appeals. Appeals from any decision of the board of adjustment may be made, and as specified in this community's official controls and also state statutes.

(f)

Flood insurance notice and recordkeeping. The city 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 $25.00 for $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. This 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.

(Prior Code, ch. 1614; Ord. No. 06-05)

A structure or the use of a structure or premises that was lawful before the passage or amendment of the ordinance from which this section is derived but that is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in section 109-369, shall be subject to the provisions sections 109-369—109-372.

(1)

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

(2)

A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure.

(3)

If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by section 109-369, it shall not be reconstructed in the floodplain district.

(4)

A substantial improvement, as defined in section 109-370, shall not be allowed in the floodplain district.

(Prior Code, ch. 1616; Ord. No. 06-05)

(a)

Permitted uses in the floodplain. The uses of land in subsections (a)(1)—(5) of this section are permitted uses in the floodplain district. These uses shall be subject to the development standards in subsection (b) of this section and the floodplain evaluation criteria in this subsection (a) of this section for determining floodway and flood fringe boundaries.

(1)

Any passive open space use of land that does not involve a structure or a fence that does not obstruct flood flows.

(2)

Any use of land involving the construction of a fence that does not obstruct flood flows, or the storage of materials or equipment, provided these activities do not obstruct flood flows and are located in the flood fringe portion of the floodplain and included compensatory floodwater storage area greater than or equal to the volume the activities displace.

(3)

Recreational vehicle campgrounds or subdivisions and placement of recreational vehicles on individual lots of record if in compliance with the provisions of section 109-431.

(4)

The structural alteration to the inside dimensions of a nonconforming structure or the repair of a nonconforming structure damaged from any source if in conformance with section 109-407.

(5)

Structural works for flood control such as levees and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event in the floodway or to any frequency event in the flood fringe. Fill placed in the floodway shall not cause an increase in the 100-year flood elevation.

(6)

New structures, accessory structures such as garages and storage sheds, repair of substantially damaged structures, additions to nonconforming structures/uses, excavation of grounds materials, fill, except for the construction of flood control structures, construction of utilities, railroads, roads and bridges allowed in subsection (a)(5) of this section and section 109-429 respectively, decks, patios, and other similar items shall not be allowed in the floodplain.

(b)

Standards for floodplain permitted uses.

(1)

No fill material shall be brought on or moved from within the site to elevate structures out of the floodplain. Any fill or structure placed in the floodplain not in accordance with this article shall be removed at the property owner's expense. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. Placement of fill shall include compensatory floodwater storage area greater than or equal to the volume the activities displace.

(2)

Storage of materials and equipment.

a.

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

b.

Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning.

(3)

No use shall be permitted that will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.

(4)

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 Minn. Stats. ch. 103G. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(5)

On-site sewage treatment and water supply systems. Where public utilities are not provided:

a.

On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and

b.

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding.

(6)

The applicant must demonstrate that the development will not result in any of the following during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a "no-rise certification."

a.

Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12. Map revisions must follow the procedures in Sections 11.15 and 14.0.

(7)

Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in Sections 11.15 and 14.0.

(8)

Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with Minnesota Statutes, section 103G.245 or a utility crossing license in accordance with Minnesota Statutes, section 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

(9)

Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

(10)

Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.

Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems, as amended by the city, shall be determined to be in compliance with this section.

(c)

Floodplain evaluation.

(1)

Upon receipt of an application for a permit for a use or other approval within the floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation whether the proposed use is within the floodway or flood fringe or whether any fill placed in the floodway will cause an increase in the 100-year flood elevation:

a.

A typical valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, and high water information.

b.

Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

c.

Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

d.

Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.

(2)

Floodway and flood fringe district boundaries shall be as shown on the flood boundary and floodway map panels adopted in section 109-374. Upon receipt of an application for a permit or other approval within an A zone, the zoning administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the floodway or flood fringe. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in (3) below.

(3)

The determination of floodway and flood fringe must include the following components and applicable:

a.

Estimate the peak discharge of the regional flood.

b.

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

c.

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 feet. A lesser stage increase than 0.5 feet shall be required if, as a result of the additional stage increase, increased flood damages would result. And equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

(4)

The zoning administrator will review the submitted information and assess the technical evaluation and the recommended floodway and/or flood fringe boundary. The assessment must include the cumulative effects of previous floodway encroachments. The zoning administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the zoning administrator may approve or deny the application.

(5)

Once the floodway and flood fringe boundaries have been determined, the zoning administrator must process the permit application consistent with the applicable provisions of this article.

(Prior Code, ch. 1606; Ord. No. 06-05; Ord. 15-07, § 3, 11-30-2015; Ord. No. 23-04, § 8, 9-11-2023)

All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state floodplain management standards contained in Minn. Rules pts. 6120.5000—6120.6200.

(Prior Code, ch. 1608; Ord. No. 06-05)

(a)

No land shall be subdivided and no manufactured home park shall be developed where the site is determined to be unsuitable by the city council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The city council shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodplain to meet code requirements.

(b)

In the floodplain district, applicants for subdivision approval or development of a manufactured home park shall provide the information required in section 109-428(b). The city council shall evaluate the proposed subdivision or manufactured home park development in accordance with the standards established in section s 109-428 and 109-429.

(c)

For all subdivisions containing land in the floodplain, the floodway, and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(1)

Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the City of Oak Grove.

(2)

All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the City of Oak Grove.

(Prior Code, ch. 1610; Ord. No. 06-05; Ord. No. 23-04, § 9, 9-11-2023)

Recreational vehicles that do not meet the exemption criteria specified in subsection (1) of this section shall be subject to the provisions of this article and as specifically spelled out in subsections (3) and (4) of this section.

(1)

Exemption. Recreational vehicles are exempt from the provisions of this article if they are placed in any of the areas listed in subsection (2) of this section and further they meet the following criteria:

a.

Have current licenses required for highway use.

b.

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

c.

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

(2)

Areas exempted for placement of recreational vehicles include individual lots or parcels of record.

(3)

There shall be no permanent structural type additions or appurtenances, such as decks, porches (screened in or not), patios and similar improvements on the site.

(4)

New commercial recreational vehicle parks or campgrounds and expansions to existing recreation vehicle parks or campgrounds are prohibited in any floodplain districts.

(Ord. 15-07, § 3, 11-30-2015; Ord. No. 23-04, § 10, 9-11-2023)

Editor's note— Ord. No. 15-07, § 3, adopted November 30, 2015 amended § 109-431 title to read as herein set out. Formerly, such section pertained to travel trailers and travel vehicles. See Code Comparative Table for complete derivation.

Within an MPGCC, accessory buildings shall be setback ten feet from the side and rear lot lines except when adjacent to right-of-way, in which case the setback is 20 feet.

(Prior Code, ch. 1308, subd. 6(E))