(a)

The River Corridor Overlay District and its subclassifications, RC1, RC2, RC3, RC4, are map overlay districts, designed to provide comprehensive floodplain and river bluff management for the city in accordance with the policies of Minnesota Statutes (Chapters 103 and 116G), Minnesota Regulations (MEQC 54) and Governor's Executive Order No. 79-19.

(b)

It is the purpose of this chapter:

(1)

To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the benefit of the health, safety and welfare of the citizens of the city and the state;

(2)

To prevent and mitigate irreversible damage to the Mississippi River Corridor;

(3)

To protect and preserve the Mississippi River Corridor as an essential element in the federal, state, regional and local recreation, transportation, sewer and water systems;

(4)

To maintain the river corridor's value and utility for residential, commercial, industrial and public purposes;

(5)

To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological functions;

(6)

To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and historic functions;

(7)

To guide development of the floodplain so as to minimize loss of life, threats to health, and private and public economic loss caused by flooding; and

(8)

To guide floodplain development in order to lessen the adverse effects of floods, but not to reduce or eliminate flooding.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

This chapter shall apply to all lands within the city shown on the river corridor overlay zoning district maps as being located within the boundaries of the RC1 River Corridor Floodway District, RC2 River Corridor Flood Fringe District, RC3 River Corridor Urban Open Space District and RC4 River Corridor Urban Diversified District.

(b)

The river corridor overlay zoning district maps accompanying this river corridor code, together with all matters attached thereto, are hereby adopted by reference and made a part of this code as if the matters and information set forth therein were fully described herein. The attached material shall include:

(1)

The flood insurance study for the city prepared by the Federal Emergency Management Agency (FEMA), dated April 2, 2003; and

(2)

The Flood Insurance Rate Map, dated April 2, 2003.

(c)

The RC1 Floodway District shall include those areas designated as floodway and Zone AE without a floodway designation on the Flood Insurance Rate Map. The RC2 Flood Fringe District shall include those areas designated as Zone AE and outside of the floodway on the Flood Insurance Rate Map.

(d)

Within these districts all uses not allowed as permitted uses or as permitted uses subject to special conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the effective date of this chapter or amendment thereto will be permitted to continue as provided in section 62.102 and section 65.900.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Permit required. A permit issued by the zoning administrator in conformance with the provisions of this chapter shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.

(b)

Compliance of uses or occupations required. No use or occupation of any lands, for any purpose whatsoever, shall hereafter be permitted within the River Corridor District without full compliance with the terms of this chapter and other applicable laws.

(c)

Compliance of structures, fill, etc. No structure, fill, material or object shall hereafter be placed on or removed from lands within the River Corridor District, and no structures or other object shall hereafter be located, used, constructed, extended, converted or altered within the district without full compliance with this chapter and other applicable laws.

(d)

Submission of site plan. A site plan shall be submitted to and approved by the planning commission in accordance with section 62.108 before a permit is issued for any development on property wholly or partially located within the River Corridor District. For any development in the RC1 and RC2 districts, the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the proposed elevation of the lowest floor of new structures, altered structures and additions to existing structures; and the proposed elevation to which structures will be floodproofed.

(e)

Review of building permits for adequate floodproofing. All building permits for structures proposed to be floodproofed in the RC1 and RC2 districts shall be reviewed to determine whether the structures will be adequately floodproofed.

(f)

Certification. Before a certificate of occupancy is issued for any development in the RC1 and RC2 districts, the applicant shall submit to the zoning administrator certification by a registered professional engineer, registered architect, registered landscape architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Finished fill and building elevations shall be verified by ground surveys. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.

(b)

Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall comply with sections 68.210 and 68.220 of this chapter. Elevation to the regulatory flood protection elevation may be required by the planning commission where the failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(c)

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

(1)

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

(2)

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.

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

(C.F. No. 03-241, § 2, 3-26-03)

The objective of standards and criteria is to maintain the aesthetic integrity and natural environment of the river corridor in conformance to the St. Paul Mississippi River Corridor Plan by reducing the effects of poorly planned shoreline and bluffline development; providing sufficient setback for sanitary facilities; preventing pollution of surface and groundwater; minimizing flood damage; preventing soil erosion; and implementing metropolitan plans, policies and standards.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Generally. Development shall be conducted so that the smallest practical area of land be developed at any one time and that each area be subjected to as little erosion or flood damage as possible during and after development.

(b)

Placement of structures.

(1)

The following minimum setbacks for each class of public waters as described in Minnesota Regulations NR-82 shall apply to all structures except those specified as exceptions in subsection (7) below.

a.

For natural environment waters at least two hundred (200) feet from the normal high water mark for lots not served by public sewer and at least one hundred fifty (150) feet from the ordinary high water mark for lots served by public sewers.

b.

For general development waters at least seventy-five (75) feet from the normal high water mark for lots not served by public sewer and at least fifty (50) feet from the ordinary high water mark for lots served by public sewer.

(2)

No commercial or industrial development shall be permitted on slopes greater than twelve (12) percent.

(3)

No residential development shall be permitted on slopes greater than eighteen (18) percent.

(4)

Bluff development shall take place at least forty (40) feet landward of all blufflines.

(5)

Transportation, utility and other transmission service facilities and corridors shall avoid:

a.

Steep slopes;

b.

Intrusions into or over streams, valleys and open exposures of water;

c.

Intrusions into ridge crests and high points;

d.

Creating tunnel vistas;

e.

Wetlands;

f.

Forests by running along fringe rather than through them. If necessary, to route through forests, utilize open areas in order to minimize cutting;

g.

Soils susceptible to erosion, which would create sedimentation and pollution problems;

h.

Areas of unstable soils which would be subject to extensive slippages;

i.

Areas with high water tables; and

j.

Open space recreation areas.

(6)

At river crossing points, public facilities, crossing corridors and other rights-of-way shall be consolidated, so that the smallest area possible is devoted to crossing.

(7)

Exceptions:

a.

Location of piers and docks shall be controlled by applicable state and local regulations.

b.

Commercial, industrial or permitted open space uses requiring location on public waters may be closer to such waters than the setbacks specified in the standard set out in subsection (3) above.

(c)

Grading and filling.

(1)

A minimum amount of filling shall be allowed when necessary, but in no case shall the following restrictions on filling be exceeded. Furthermore, fill opportunities shall be fairly apportioned to riparian landowners. The developer shall evaluate ownership patterns, configuration and the bottom profile of each wetland basin before fill opportunities are apportioned.

(2)

Grading and filling in shoreland areas (when allowable) or any other substantial alteration of the natural topography shall be controlled in accordance with the following criteria:

a.

The smallest amount of bare ground shall be exposed for as short a time as feasible.

b.

Temporary ground cover shall be used.

c.

Methods to prevent erosion and trap sediment shall be employed.

d.

Fill shall be stabilized.

(3)

Only fill free of chemical pollutants and organic wastes shall be used.

(4)

Total filling shall not cause the total natural flood storage capacity of the wetland to fall below the natural volume of runoff from the wetland and watershed generated by a 100-year storm, as defined by the National Weather Service.

(5)

Solid waste disposal and landfill shall not be permitted in the River Corridor District.

(6)

Development shall fit existing topography and vegetation with a minimum of clearing and grading.

(7)

No rehabilitation slopes shall be steeper than eighteen (18) percent slope.

(8)

Dredging of a shoreland or wetland shall be allowed only when it will not have adverse effect upon the wetland. Dredging when allowed shall be limited as follows:

a.

It shall be located in the areas of minimum vegetation.

b.

It shall not significantly change the water flow characteristics.

c.

The size of the dredged area shall be limited to the absolute minimum.

d.

Deposit of dredged material shall not result in a change in the current flow, or in destruction of vegetation or fish spawning areas, or in water pollution.

(C.F. No. 03-241, § 2, 3-26-03)

Development shall be conducted so as to avoid intrusion into animal and plant habitats.

(a)

No alteration of the natural environment or removal of vegetation shall be permitted when such alteration or removal would diminish the ability of dependent wildlife to survive in the River Corridor.

(b)

No wetland or bluffline vegetation shall be removed or altered except that required for the placement of structures.

(c)

Clear cutting shall be prohibited except as necessary for placing approved public roads, utilities, structures and parking areas.

(d)

Natural vegetation shall be restored after any construction project.

(e)

Watering areas necessary for plant survival shall be maintained or provided.

(f)

Development shall not cause extreme fluctuations of water levels or unnatural changes in water temperature, water quality, water currents or movements which may have an adverse impact on endangered or unique species of birds or wildlife.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Generally. Development shall occur so that surface and subsurface water is not adversely affected by contaminants. Water quality should meet or exceed state standards.

(b)

Contamination.

(1)

Development shall not be permitted on wet soils, very shallow soils, soils with high shrink-swell or frost action potential unless it is shown that appropriate construction techniques capable of overcoming the restrictive condition will be utilized.

(2)

Septic tanks and soil absorption systems shall not be permitted where public sewer systems are available. In areas where public sewers are not available, system shall be set back from the normal high water mark in accordance with the class of public waters as prescribed in Minnesota Regulations NR-82:

a.

On natural environment waters, at least one hundred fifty (150) feet.

b.

On general development waters, at least fifty (50) feet.

(3)

Private wells shall be placed in areas not subject to flooding and up slope from any source of contamination. Wells already existing in areas subject to flooding shall be floodproofed in accordance with accepted engineering standards as defined in the Uniform State Building Code.

(4)

Commercial or industrial land uses requiring the storage or production of materials or wastes that may create a pollution hazard for groundwater or surface water shall be prohibited unless the quality of both the groundwater and surface waters can conform to all applicable state and federal standards, criteria, rules and regulations.

(c)

Runoff.

(1)

The phases of development shall be planned so that only areas which are actively being developed are exposed. Other areas shall have cover of vegetation or mulch.

(2)

Natural vegetation in shoreland and bluff areas shall be preserved to retard surface runoff and soil erosion and to utilize excess nutrients.

(3)

Sediment shall be retained within the development site area either by filtering runoff as it flows through the development area or by detaining sediment-laden runoff in a sediment basin so that the soil particles settle out.

(4)

Water released to a drainage system shall be directed in such a manner as to travel over natural areas rather than across established surfaces.

(5)

Stormwater runoff may be directed to wetlands only when free of silt, debris and chemical pollutants and only at rates which will not disturb vegetation or increase turbidity.

(6)

Development which takes place near slopes greater than twelve (12) percent shall not result in increased runoff onto those slopes sufficient to damage vegetation or structures thereon.

(7)

Plans shall be submitted to the planning commission for any development placed landward from dikes, floodwalls or levees which is below the flood protection elevation of the dikes, floodwalls or levees. The plans must provide measures to ensure that floodwaters do not back up onto the development from stormwater drainage systems.

(C.F. No. 03-241, § 2, 3-26-03)

Applications for conditional use permits shall be submitted and reviewed according to the provisions in section 64.300. The planning administrator shall determine whether to require any or all of the following six (6) items of information to be supplied by the applicant as a prerequisite to the consideration of the application:

(a)

Plans in triplicate drawn to scale, prepared by and signed by a registered engineer, architect and/or land surveyor as applicable, showing the nature, location, dimensions and elevation of the land; existing surface contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and elevations of proposed streets, water supply, sanitary facilities and other utilities showing the relationship of the above to the channel and to the designated River Corridor District limits.

(b)

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

(c)

Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of the stream, elevation of land areas, high water information, vegetation and soil types.

(d)

Plan (surface view) of the proposed development showing the proposed use or uses of the area and structures and providing location, relationships and spatial arrangements of those uses and related structures to pertinent elevations, fill, storage location, utilities and other features.

(e)

Profile showing the slope of the bottom of the channel and flow lines of the stream.

(f)

A written evaluation by a registered engineer or other expert person or agency of the proposed project in relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of plans for flood protection and other technical matters.

(C.F. No. 03-241, § 2, 3-26-03)

Applicable conditional use permits for lands in the designated River Corridor District must be obtained prior to application for all other permits required by law and ordinance. Conditional use permits for River Corridor areas are supplementary to other zoning and building permits.

(C.F. No. 03-241, § 2, 3-26-03)

In addition to the general standards and requirements in section 61.500 and all other relevant factors specified in other sections of this chapter, in reviewing conditional use permit applications, the planning commission or planning administrator shall consider the following:

(a)

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

(b)

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

(c)

The ability of the existing topography, soils and geology to support and accommodate the proposed use.

(d)

The compatibility of the proposed use with existing characteristics of biologic and other natural communities.

(e)

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

(f)

The requirements of the facility for a river-dependent location, if applicable.

(g)

The safety of access to the property for ordinary vehicles.

(h)

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

(i)

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

(j)

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

(k)

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

(l)

The availability of alternative locations or configurations for the proposed use.

(m)

Such other factors as are relevant to the purposes of this chapter.

(C.F. No. 03-241, § 2, 3-26-03)

The planning commission or planning administrator may attach such conditions to the granting of conditional use permits as each deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

(a)

Modifications of design, site planning or site treatment.

(b)

Requirements for implementation of erosion and sediment control, vegetation management, wildlife management and other protective measures.

(c)

Modifications of waste disposal and water supply facilities or operations.

(d)

Limitations on period of use and operation, a flood warning system and an evacuation plan.

(e)

Imposition of operational controls, sureties and deed restrictions.

(f)

Requirements for construction of channel improvements, modifications, dredging, dikes, levees and other protective measures.

(g)

Floodproofing measures shall be designed consistent with state-established floodproofing standards and with the flood protection elevation for the particular area including flood velocities, duration and rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The commission shall require that the applicant submit a plan or documents certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood elevation and associated flood factors for the particular area. The floodproofing measures that may be required include, but are not limited to, the following:

(1)

Anchorage to resist flotation and lateral movement.

(2)

Installation of watertight doors, bulkheads and shutters, or similar methods of construction.

(3)

Reinforcement of walls to resist water pressure.

(4)

Use of paints, membranes or mortars to reduce seepage of water through walls.

(5)

Addition of mass or weight to structures to resist flotation.

(6)

Installation of pumps to lower water levels in structures.

(7)

Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.

(8)

Installation of pumping facilities or comparable practice for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures.

(9)

Construction to resist rupture or collapse caused by water pressure or floating debris.

(10)

Installation of valves or controls on sanitary and storm drainage which will permit the drains to be closed to prevent backup of sewage and stormwaters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices.

(11)

Location of all electrical equipment, circuits and installed electrical appliances such that they are not subject to the regional flood.

(12)

Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids or other toxic materials, which could be hazardous to public health, safety and welfare, above the flood protection elevation or provision of adequate floodproofing to prevent flotation of or damage to storage containers which could result in the escape of toxic materials into floodwaters.

(h)

Specifications for building construction and materials, filling and grading, water supply, sanitary facilities, utilities and other work or construction to be submitted to the city division of housing and building code enforcement for review and approval prior to any development.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Applications for variance to the provisions of this chapter may be filed as provided in section 61.600. The burden of proof shall rest with the applicant to demonstrate conclusively that such variance will not result in a hazard to life or property and will not adversely affect the safety, use or stability of a public way, slope or drainage channel, or the natural environment; such proof may include soils, geology and hydrology reports which shall be signed by registered professional engineers. Variances shall be consistent with the general purposes of the standards contained in this chapter and state law and the intent of applicable state and national laws and programs. Although variances may be used to modify permissible methods of flood protection, no variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area, or permit a lesser degree of flood protection than required by state law.

(b)

Notwithstanding any other provision of this river corridor code, variances may be granted for the repair or rehabilitation of historic structures upon a determination that the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the variance is the minimum necessary to preserve the historic character and design of the structure and the repair or rehabilitation will not cause an increase in the height of the regional flood or increase the flood damage potential of the structure.

(C.F. No. 03-241, § 2, 3-26-03)

Nonconforming use of structures and land and nonconforming structures shall be subject to the regulations in this section as well as provisions of chapter 62, Nonconforming Lots, Uses and Structures. A structure which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:

(a)

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

(b)

Any alteration or addition to a nonconforming structure which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4, floodproofing classifications) allowable in the state building code, except as further restricted in subsection c. below.

(c)

The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty (50) percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since January 28, 1982, must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty (50) percent of the current market value of the structure, then the structure must meet the standards of Section 68.210 or 68.220 of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe, respectively.

(d)

When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five (365) days, the nonconforming structure shall not thereafter be reused until the nonconforming is made conforming to the flood protection measures of this chapter, unless the planning commission, pursuant to a public hearing, finds that the nonconforming structure cannot reasonable or economically be made into a conforming structure and that reuse of the nonconforming structure is consistent with the public health, safety, morals and general welfare of the community and is consistent with the reasonable use and enjoyment of adjacent property.

(e)

If any nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50) percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new structures in Section 68.210 or 68.220 will apply depending upon whether the structure is in the floodway or flood fringe, respectively.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462.357. The floodplain designations established by this chapter shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the areas are filled to an elevation at or above the flood protection elevation and are contiguous to other lands lying outside the floodplain district. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measure, lands are adequately protected for the intended use.

(b)

All amendments to this chapter, including amendments to the River Corridor Overlay Districts maps, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the flood plain boundaries 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 chapter and such notice shall include a draft of the ordinance amendment or technical study under consideration.

(C.F. No. 03-241, § 2, 3-26-03)

Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision to the flood insurance rate map or a letter of map revision because the areas are protected by a dike, levee or floodwall shall be exempt from the flood protection regulations of this code after said FEMA action has been adopted as a formal amendment to this chapter.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Record of elevation of lowest floor and floodproofing. The zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures, altered structures or additions to existing structures in the floodplain. The zoning administrator shall also maintain a record of the elevation to which all new structures and alterations or additions to structures are floodproofed.

(b)

State and federal permits. Applicants for special condition use permits, modifications and site plan review approval are responsible for obtaining all necessary state and federal permits.

(c)

Warning and disclaimer of liability. This chapter 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 chapter shall not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(d)

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

(C.F. No. 03-241, § 2, 3-26-03)

A copy of the application for a conditional use permit or variance shall be submitted to the commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing. A copy of all decisions granting conditional use permits or variances shall be forwarded to the commissioner of natural resources within ten (10) days of such action.

(C.F. No. 03-241, § 2, 3-26-03)

Applicants for a conditional use permit or variance to construct a structure below the regulatory flood protection elevation shall be notified that:

(1)

The issuance of a conditional use permit or variance to construct a structure below the regulatory flood protection elevation may 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 regulatory flood protection elevation increases risks to life and property. Such notification shall be maintained with a record of the conditional use permit or variance. The planning or zoning administrator shall report such conditional use permits or variances issued in the biennial report submitted to the administrator of the National Flood Insurance Program.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

The following uses shall be permitted within the RC1 Floodway District to the extent that they are not prohibited by any other provision of the zoning code or other ordinances. The uses are subject to the conditions of the underlying zoning district, to the standards for permitted uses in the Floodway District, section 68.212 and to the River Corridor Standards and Criteria, section 68.212.

(1)

Nonstructural industrial-commercial uses, such as open-loading areas, parking areas, interior service roads, airport service roads and airport runways.

(2)

Public and private recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic and camp grounds, boat launching and beaching areas or ramps, swimming areas, parks, playgrounds, wildlife and nature preserves, game farms, fish hatcheries, and hiking, bicycling, horseback or recreational vehicle areas and trails, and other open space uses.

(3)

Accessory residential uses such as lawns, gardens, parking areas and play areas.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

The use shall not obstruct flood flows to the point that it increases the one (1) percent chance flood elevation and shall not involve structures, fill, obstruction, excavations or storage of materials or equipment.

(b)

The use shall have a low flood damage potential.

(c)

The use shall not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the main stream or of any ditch or other drainage facility or system.

(d)

No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.

(C.F. No. 03-241, § 2, 3-26-03)

The following uses shall be permitted within the RC1 Floodway District to the extent they are not prohibited by any other provision of the zoning code or other ordinances. The uses shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the standards for conditional uses in the Floodway District, section 68.214 below, and to the River Corridor Standards and Criteria, section 68.400 below.

(a)

Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines and pipe lines.

(b)

Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control structures and navigation facilities.

(c)

Storage yards or areas for equipment, machinery or bulk materials.

(d)

Structures accessory to permitted uses, section 68.212, or conditional uses of this section.

(e)

Placement of fill.

(f)

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

(C.F. No. 03-241, § 2, 3-26-03)

(a)

No structure (temporary or permanent), fill deposit (including fill for roads and levees), obstruction, storage of materials or equipment, or other use may be allowed which will cause an increase in the height of the regional flood or cause an increase in flood damages in the reach or reaches affected.

(b)

Fill shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.

(c)

Accessory structures shall not be designed for human habitation.

(d)

Accessory structures shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.

(1)

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

(2)

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

(e)

All accessory structures must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for accessory structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.

(f)

As an alternative to elevation on fill, accessory structures may be structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classification in the state building code or floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code, provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size 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, as appropriate:

(1)

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and

(2)

Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed.

(g)

Storage of 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 planning commission.

(h)

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 103.G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

(i)

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

(j)

No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution-control agency, are provided.

(C.F. No. 03-241, § 2, 3-26-03)

Permitted uses in the RC2 Flood Fringe Overlay District shall be those uses of land or structures listed as permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste materials and landfills shall not be permitted. The uses are subject to the conditions of the underlying zoning district, to the standards for permitted uses in the Flood Fringe District, section 68.222 below, to the Standards for All Flood Fringe Uses, section 68.225 below, and River Corridor Standards and Criteria, section 68.400 below.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be not lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

(b)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally floodproofed in accordance with section 68.214(f).

(c)

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

(C.F. No. 03-241, § 2, 3-26-03)

The following uses shall be permitted within the RC2 Flood Fringe District to the extent they are not prohibited by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the disposal of waste materials and landfills shall not be permitted. The use shall be permitted only upon the application and issuance of a conditional use permit by the planning commission. The uses are subject to the conditions of the underlying zoning district, to the standards for conditional uses in the Flood Fringe District, section 68.224 below, to the Standards for All Flood Fringe Uses, section 68.224 below, and to the River Corridor Standards and Criteria, section 68.400.

(a)

Any structure that is not elevated on fill or floodproofed in accordance with section 68.222(a) or (b) above.

(b)

Any use of land that does not comply with the standards in section 68.222(c).

(c)

Sewage treatment plants.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

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 or above grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: 1) the enclosed area is above grade on at least one (1) side of the structure; 2) is designed to internally flood and is constructed with flood-resistant materials; and 3) is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

(1)

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 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.

(2)

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

a.

The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. When openings are placed in a structure's walls to provide for entry of floodwaters to equalize pressures, the bottom of all openings shall be no higher than one (1) foot above grade. There shall be a minimum of two openings and the openings shall be placed on at least two walls of the structure. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

b.

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

(b)

Basements, as defined by section 60.203.B for this river corridor code, shall be subject to the following:

(1)

Residential basement construction shall not be allowed below the regulatory flood protection elevation except as authorized in subsection (f) of this section.

(2)

Nonresidential basements may be allowed below the regulatory flood-protection elevation, provided the basement is protected in accordance with subsection (c) or (f) of this section.

(c)

All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. 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)

The storage or processing of materials that are, in times of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. 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 planning commission, or if elevated above the regulatory flood protection elevation by alternative methods which meet the requirements of subsection (a) above.

(e)

No new construction, addition or modification to existing sewage treatment plants shall be permitted within the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic materials into the floodwaters.

(f)

When the Federal Emergency Management Agency has issued a conditional letter of map revision-fill (CLOMR-F) for vacant parcels of land elevated by fill to the one (1) percent chance flood elevation, the area elevated by fill remains subject to the provisions of this chapter. A structure may be placed on the area elevated by fill with the lowest floor below the regulatory flood protection elevation provided the structure meets the following provisions:

(1)

No floor level or portion of a structure that is below the regulatory flood protection elevation shall be used as habitable space or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by floodwaters. Habitable space shall be defined as any space in a structure used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas are not considered habitable space.

(2)

For residential and nonresidential structures, the basement floor may be placed below the regulatory flood protection elevation subject to the following standards:

a.

The top of the immediate floor above any basement area shall be placed at or above the regulatory flood protection elevation.

b.

Any area of the structure placed below the regulatory flood protection elevation shall meet the "reasonably safe from flooding" standards in the Federal Emergency Management Agency (FEMA) publication entitled "Ensuring that Structures Build on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding," Technical Bulletin 10-01, a copy of which is hereby adopted by reference and made part of this chapter. In accordance with the provisions of this chapter, and specifically section 68.504(g), the applicant shall submit documentation that the structure is designed and built in accordance with either the "Simplified Approach" or "Engineered Basement Option" found in FEMA Technical Bulletin 10-01.

c.

If the ground surrounding the lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below the regulatory flood protection elevation must be floodproofed consistent with any of the FP-1 through FP-4 floodproofing classifications found in the State Building Code.

(C.F. No. 03-241, § 2, 3-26-03; C.F. No. 03-1028, § 1, 4-7-04)

(a)

Vehicular access. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a modification to this requirement is granted, the planning commission must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

(b)

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 permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.

(c)

Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations. Certain accessory land uses such as yards and parking lots may be at lower elevation subject to requirements set out in subdivision (b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.

(d)

Standards pertaining to fill. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the one (1) percent chance flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multistructure or multilot 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)

Developments not to affect hydraulic capacities. 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.

(f)

Manufactured homes. Manufactured homes must meet all the density, setback, flood protection and other requirements for residential use of the zoning code and all requirements of the housing and building code. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(g)

Travel trailers. Travel trailers shall not be used for living quarters, and are exempt from the provisions of this ordinance if they have current licenses required for highway use, are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and the travel trailer/travel vehicle has no permanent structural type additions attached to it. Travel trailers and travel vehicles lose this exemption when development occurs on the parcel exceeding $500 dollars for a structural addition to the travel trailer/travel vehicle or and accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and use of land restrictions specified in this ordinance. No new commercial travel trailer or travel vehicle parks shall be allowed in the RC1 floodway or RC2 flood fringe overlay districts.

(h)

Pollution of waters. No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.

(C.F. No. 03-241, § 2, 3-26-03; C.F. No. 03-1028, § 1, 4-7-04)

It is intended that lands and waters within this district shall be managed to conserve and protect the existing and potential recreational, scenic, natural and historic resources. Open space provided in the open river corridor is for public use and the protection of unique natural and scenic resources. The existing transportation role of the river in this district will be protected.

(C.F. No. 03-241, § 2, 3-26-03)

In the RC3 River Corridor Urban Open Overlay District, use of the land, location and erection of new buildings or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations or districts shall conform to those specified uses and standards of the corresponding underlying district as established in section 60.303 to the extent that they are not prohibited by any other provision of the zoning code. In addition, permitted uses shall be subject to the following applicable standards and those in section 68.400 et seq.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Development shall be limited to forty (40) feet in height.

(b)

The development of new and expansion of existing commercial and industrial uses shall only be on lands which are on the landward side of blufflines.

(c)

Mining and extraction operations shall not be permitted.

(d)

No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Conditional uses are those specified by the corresponding underlying district as established in section 60.303 to the extent that they are not prohibited by any other provision of the zoning code. They are subject to standards specified in the corresponding underlying district section and to those specified in sections 68.233 and 68.400 et seq.

(b)

Such uses will be permitted only upon application and issuance of a conditional use permit by the planning commission.

(C.F. No. 03-241, § 2, 3-26-03)

It is intended that the lands and waters in this district be used and developed to maintain the present diversity of commercial, industrial, residential and public uses of the lands, including the existing transportation use of the river; to protect historical sites and areas, natural scenic and environmental resources; and to expand public access to and enjoyment of the river. New commercial, industrial, residential and other uses are permitted if they are compatible with these goals.

(C.F. No. 03-241, § 2, 3-26-03)

In the RC4 River Corridor Urban Diversified overlay district, use of the land, location and erection of new buildings or structures and the alteration, enlargement and moving of existing buildings or structures from other locations or districts shall conform to those specified uses and standards of the corresponding underlying district as established in section 60.303 to the extent that they are not prohibited by any other provision of the zoning code. In addition, permitted uses shall be subject to the standards specified in section 68.400 et seq.

(C.F. No. 03-241, § 2, 3-26-03)

No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.

(C.F. No. 03-241, § 2, 3-26-03)

(a)

Conditional uses are those specified by the corresponding underlying district as established in section 60.303 to the extent that they are not prohibited by any other provision of the zoning code. They are subject to standards specified in the corresponding underlying district section and to those specified in section 68.400 et seq.

(b)

Such uses will be permitted only upon application and issuance of a conditional use permit by the planning commission.

(C.F. No. 03-241, § 2, 3-26-03)