HomeMy WebLinkAboutRepealed 80-77304 FLOOD pLALN
304.010 F findings of Fact -`
A. The flood hazard areas of Lake Elm, Minnesota, are subject to
periodic inundation which results in potential loss of life,
loss of prq.;erts', health and safety hazards, di: i:,3ption of
carmerce and govenrrent.al services, extraordinary public ex-
penditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public
health, safety, and general welfare.
B. Methods Used to I�nalyze Flood FIazards. This Ordinance is
based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the
Minnesota Department of Natural Resources.
304.020 General Provisions
A. State:rent of Purpose. It is the purpose of this Ordinance
to pranote the public health, safety, and general welfare
and to minimize those losses described in Section 304.010
by provisions contained herein.
B. bands to Which Ordinance Applies. This Ordinance shall apply
to all lands within the jurisdiction of the City of Lake
Elmo shown on the Official Zoning Map as being located within
the boundaries of the Floodway, Flood Fringe or General Flood
Plain Districts.
C. Establishment of Official Zoning Map. The Official Zoning
Map together with all materials attached thereto is hereby
adopted by reference and declared to be a part of this Ordi-
nance. The attached material shall include the Flood Insurance
Study for the City of Lake Elmo, prepared by the Federal
Insurance pcln.inistration dated January, 1979 , and the Flood
Boundary and Floodway i•9aps and Flood Insurance Rate Maps
therein, as amended. Panels O LP - 04P, exhibit 1, are hereby
amended to reflect the flood zone profile for Eagle Point
Lake Fork established by the Valley Branch Watershed District,
in the Overall Plan, Figure 5, dated January, 1970.
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-77
p,d
04-1 t-^ended by Ord. 7938
(304.020)
D. IZecTulatory Flood Protection Flevntion. The Rcgf1J3-
tory Flood Protection FTevatn s a 1 e an elevation
no lower than one foot above the elevation of the re- r"
gional flood plus any increases in flood elevation
caused by encroachments on the flood plain that result
from designation of a floodway.
E. Interpretation.
1. In their interpretation and application, the
provisions of this Ordinance shall be held to
be minimum requirements and shall be liberally
construed in favor or the governing body and
shall not be deemed a limitation or repeal of
any other powers qranted by State Statutes.
2. The boundaries of the zoning districts shall be
determined by scaling distances on 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 Hap, as
for example where there appears to be a conflict
between a mapped boundary and actual field con-
ditions, the Board of Adjustment shall make the
necessary interpretation based on elevations on
the regional (100-year) flood profile and other
available technical date. Persons contesting
the location of the district boundaries shall be
given a reasonable opportunity to present their
case to the Board and to submit technical evidenc
F. Compliance. No structure or land shall hereafter be
used and no structure shall be located, extended, con-
verted or structurally.altered without full compliance
with the terms of this Ordinance and other applicable
regulations which apply to uses within the jurisdiction
.of this Ordinance.
G. Abrogation and Greater Restrictions. It is not intended
y this Ordinance to repeal, anrogate or impair any ex-
isting easements, convenants, or deed restrictions.. How-
ever, where this Ordinance imposes cheater restrictions,
the provisions of this OrinancQ shall prevail. All other
ordinances inconsistent with this Ordinance are hereby
repealed to the extent of the inconsistency only.
11. Warning and Disclaimer of Liability. This Ordinance does
not imply thhat areas outs c e t e ood plain districts
or land uses permitted within such districts will be
free from flooding or flood damages. This Ordinance shall
not create liability on the part of City of, Lake F.lmo
or any officer or employee thereof for any flood damages
that result from reliance on this Ordinance or any admin-
istrative decision lawfully made thereunder.
3C._2 Amended by Ord. 7938
;.)L)l. 0. U)
I. Severability.If any section, clause, provision, or
portion of this Ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected thereby.
304.030 DEFINITIONS
Unless specifically defined below, words or phrases used in
this Ordinance shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give
this Ordinance its most reasonable application.
A. Appeal - a request for a review of the local
administrator's interpretation of any provision of
this ordinance or a request for a variance.
B. Accessory Use or Structure - a use or structure on
the same lot with, and of a nature customarily in-
cidental and subordinate to,, the principal use or
structure.
C.
Area of special flood hazard - the land in the flood
plain within a community subject to a one percent or
greater chance of flooding in any given year.
D.
Base flood - the flood having a one percent chance
o?-Feing equalled or exceeded in any given year.
E.
Development - any man-made change to improved or un-
improved real estate, including but not limited to
buildings or other structures, mining, dredging, fill-
ing, grading, paving, excavation or drilling operations
located within the area of special flood hazard.
F.
Equal Degree of Encroachment- a method of determining
t-Fe Zocation of floodway boundaries so that flood.plain
lands on both sides of a stream are capable of conveying
a proportionate share of flood flows..
G. Flood - a temporary increase in the flow or stage of a
stream or in the stage of a lake that results in the
inundation of normally dry areas.
H. Flood Frequency - the average frequency, statistically
determined, for which it is expected that a specific
flood stage or discharge maybe equalled or exceeded.
I. Flood Fringe - that portion of the flood plain outside
o-f tFie floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the Flood Insurance Study
for City of, Lake Elmo.
J. Flood Plain - the areas adjoining a watercourse which
have been or hereafter may be covered by the regional
flood.
V) d _'1 Amami ari hc? ClrA 7 4
K. Flood -Proofing - a combination of structural provisions,
chianges, or alcjustments to properties and structures
subject to flooding, Primarily for the reduction or
elimination of flood damages.
L. Floodway - the channel of the watercourse and those
portions of the adjoining flood plain which are reason-
ably required to carry and discharge the regional flood.
M. Obstruction - any dam, wall, wharf, embankment, levee,
dike, p le, abutement, Projection, excavation, channel
modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or regula-
tory flood plain which may impede, retard, or change
the direction of the flow of water, either in itself or
by catching or collecting debris carried by such water.
N. Reach - a hydraulic engineering term to describe a long-
itu anal segment of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
0. Regional Flood - a flood which is representative of large
floods known to have occurred generally in Minnesota and
reasonably characteristic of what can he expected to occur
on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with
the term "base flood" used in the Flood Insurance Study.
P. Structure - anything constructed or erected on the ground
or attacFied to the ground, including, but not limited to,
buildings, factories, sheds, detached garages, cabins,
mobile homes, septic tanks and drainfields and other
similar items.
Q. Variance means a grant of relief from the requirements
of t is ordinance which permits construction in a manner
that would otherwise be prohibited by this ordinance.
3 0 4 - u
T7',eric3ac 1y Ord. 793E
304.100 ESTABLISHMENT OF ZONING DISTRICTS
The flood plain areas within the jurisdiction of this
ordinance are hereby divided into three Districts:
Floodway District (FW), Flood Fringe District (FF) and
General Flood Plain District (GFP).
A. FloodwayDistrict. The Floodway District shall
include those areas designated as floodway in the
Flood Insurance Study.
B. Flood Frinqe District. The Flood Fringe District
shall in ude those areas designated as floodway
fringe in,the Flood Insurance Study. The Flood
Fringe District for Eagle Point Lake Fork shall
include those areas below the flood elevation*
shown on the revised profile (Exhibit 1 ), which
are outside of the floodway.
C. General Flood Plain District. The General Flood
Plain District shall inc u�ce those areas designated
as unnumbered A Zones on the Flood Insurance Rate
Map.
The boundaries of these districts shall be shown on the
Official Zoning Map and attachments. Within these districts
all uses not allowed as Permitted Uses or permissihle as
Conditional Uses small he prohibited.
* Flood elevation indicated on revised profile as the
"Official 100 yr. Flood Profile".
t
304_5 Amended by Ord. 71
04 '10 FLOODWAY DISTRICT (FW)
A. Permitted Uses. The following uses have a low flood
amage potential and do not obstruct flood flows. These
uses shall be permitted within the Floodway District to
the extent that they are not prohibited by any other ordin-
ance and provided they do not require structures, fill, or
storage of materials or equipment. In addition, no use shall
adversely affect the capacity of the channels or floodways
or any tributary to the main stream or of any drainage ditch,
or any other drainage facility or system.
1. Agricultural.uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting
2. Industrial -Commercial uses such as loading areas,
parking areas and airport landing strips.
3. Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimm-
ing areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and
fishing areas, and single or multiple purpose re-
creational trails.
4. Residential uses such as lawns, gardens, parking
areas, and play areas.
B. Conditional Uses. The following open space uses require
accessory structures (temporary or permanent), or fill or
storage of materials -or equipment: These uses may be per-
mitted in the Floodway District only after the issuance of a
Conditional Use Permit as provided in Section 304.330B of
this Ordinance. These uses are also subject to the pro-
visions of Section 304.110C which applies to all floodway
Conditional Uses.
1. Structures accessory to open space uses.
2. Placement of fill.
3. Extraction of sand, qravel and other materials.
4. Marinas, boat rentals, docks, piers, wharves and
water control structures.
5. Railroads, streets, bridges, utility transmission
lines, and pi^elines.
6. Storage yards for equipment, machinery or materials.
7. Other uses similar in nature to uses described in
Sections 304.110A and B which are consistent with
the provisions set out in Sections 304.010 and
304.11.0 of this Ordnance.
CC/ Ami ended by Ord. 7932
C. Standard for Floodway Conditional L-es
1. All Uses, No structure (temporary or permanent),
fill (including fill for roads and levees), deposit,
obstruction, storage of materials, or equipment, or
other uses may be allowed as a Conditional Use which,
acting alone or in combination with existing or
reasonably anticipated future uses,.adversely affects
-.:- the capacity of the-floodway or increases flood
,...;.--, heights. In addition, all floodway Conditional Uses
shall be subject to.the standards contained in
Section 304.360 and the following standards (2-5)
2. Fill
(a) Any fill desposited in the floodway shall be
:no more than the minimum amount necessary to
conduct a Conditional Use listed in Section
304.110B. Generally, fill shall be limited
to that needed to grade or landscape for that
use and shall not :in any way obstruct the flow
y.. !': jr. of flood., waters.
y �.;'r -� •r.a �;,- (b}.. ; Spoil -from dredging or sand and gravel operations
k---shall not_be deposited in the floodway unless
.� it.can, be done in accordance with (1) of this
Section.
A (c)- Fill shall be protected from erosion by
vegetative cover.
-3.. Accessor Structures (temporaryor permanent) per -
as Conditional Uses-jy Section 304.11 B
(a) Accessory structures shall not be designed for
- human habitation.
(b) Accessory structures, if permitted, shall
be constructed and placed on the building
site so as to offer the minimum obstruction
to the flow of flood waters.
(1) whenever possible, structures shall be
constructed with the longitudinal axis
parallel to the direction of flood flow,
and,
(2) So far as practicable, structures shall
be placed approximately on the same flood
flow lines as those of adjoining structures.
(c) Accessory structures shall be flood -proofed
in accordance with the State Building Code.
4. 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.
I
304-7
Amended by Ord. 7938
(b) S,orage of other materials o. equipment may
be allowed if re:-dily removable from the area
within the time available after a flood warninca.
5. Structural Works for Flood Control. Levees, dikes
and f loodwal Is s-Fial1_ not a constructed within the
limits of the Floodway District. Other structural
works for flood control such as dams and channel
enlargements that will change the course, current,
or cross-section of a public water shall be subject
to the provisions of Minnesota Statutes Chapter 105.
304.120 FLOOD FRINGE DISTRICT (FF)
A. Permitted Uses. The f.ollowinq uses shall be permitted
uses within tFie Flood Fringe District to the extent that
they are not prohibited by any other ordinance.
1. Any use permitted in Section 304.110A
2. Accessory structures provided they comply with the
provision of Section 304.110 C 3 of this ordinance.
3. Residences and other structures constructed on fi•11
so that the basement floor or first floor, if there
is no basement, is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation
shall be no lower than one (1) foot below the Reg-
ulatory Flood Protection Elevation and shall extend
at such elevation at least fifteen (15) feet beyond
the limits of any structure or building erected the
on. Fill shall be compacted and the slopes shall be
protected by riprap or vegetative covering.
Residences constructed on fill shall be subject to
the vehicular access requirements in Section 304.120 C1
No use shall be permitted which will adversely affect
the capacity of the channels or floodways of any tri-
butary to the main stream, or of any drainage ditch, or
any other drainage facility or system.
B. Conditional Uses. Other uses are permitted only upon
application to tie Zoning Administrator and the issuance
of a Conditional Use Permit as provided in Section 304.330B
of this Ordinance and subject to the following provisions.
1. Residences. Where existing streets, utilities, and
small lot sizes preclude the use of fill, other methods
of elevating the first floor (including basements)
above the Regulatory Flood Protection Elevation may
be authorized, provided that the residence is flood -
proofed in accordance with the State Building Code.
2. Non -Residential Structures. Commercial, manufacturing
and industrial structures shall ordinarily be elevated
on fill so that their first floor (including basemer
is above the Regulatory Flood Protection Elevation
but may in special circumstances be flood -proofed in
accordance with the State Building Code. Structures
that are not elevated to ahcve tho Reg ulato-1 Flood
3i� _� Amended L-v Ord. 7938
Protection F,levation shall he flood -proofed to
FP-1 or FP-2 classification as defined by the
State Buildinq Code. Structures flood -proofed to
FP-3 or FP-4 classification shall not be permitted.
C. Standards for Flood Fringe Uses.
1. Residential Uses. Residences that do not have
vehicular access at or above an elevation not
more than two feet below the Regulatory Flood
Protection Flevation shall not be permitted un-
less granted a variance by the Board of Adjustmen
In granting a variance the Board shall specify
limitations on the period of use or occupancy
of the residence.
2. Commercial uses. Accessory land uses, such as
yards, rail roa 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 he granted in the
absence of a flood warning system that provides
adequate time for evacuation if the area would
inundate to a depth greater than two feet or be
subject to flood velocities greater than four
feet per second upon occurrence of the regional
flood.
3. ManufacturingandIndustrial Uses. Measures
serial' 1 FFe taken o minimize nterference with
normal plant operations especially along streams
having protracted flood durations. Certain
accessory land uses such as yards an,i parking
lots may be at lower elevations subject to re-
quirements set out in Section 304.120 C 2.
In considering permit applications, due con-
sideration shall be qiven to needs of an industry
whose business requires that it be located in
flood plain areas.
304.130 GENERAL FLOOD PLAIN DISTRICT
A. Permitted Uses. Permitted uses shall include those
uses perm tted by Section 304.110A in this Ordinance.
B. Conditional Uses. All other uses are Conditional Uses
and are peed only upon the issuance of a special
use permit as provided in Section 304.330D. The General
Flood Plain District includes the entire flood plain
and does not differentiate between those areas that are
floodway and those areas that are flood fringe. Because
of this the City Council shall determine whether the
proposed use is in the floodway or flood fringe using
procedures established in Section 304.340. If it is
determined that the use lies in the floodway, the pro-
visions of Section 304.110 of this ordinance shall apply
If it is determined that the proposed use lies in the
flood fringe, the provisions of Section 304.120 of this
ordinance shal 1 apply. Cc�-
304.200 PUBLIC UTILITIES RAILROADS, RnADS AND R1.IDf;1'S.
304.210 Public Utilities. All Public utilities and facilities such
as gas, e ectrica1, sewer, and water supply syste.ns to be
located in the flood plain shall he flood -proofed in accorda
with the State Building Code or elevated to above the Requla
tory Flood Protection Elevation.
304.220 Public Transportation Facilities. Railroad tracks, roads, and
bridges to be located within t e Fl.00dway District shall compl,
with Sections 304.110C and 1 and 2 of this Ordinance.
Elevation to the Regulatory Flood Protection Elevation shall
be provided where failure and interruption of these transporta-
tion facilities would result in danger to the public health
or safety or where such facilities are essential to the orderl,
functioning of the area. Minor or auxiliary roads or railroad;
may be constructed at a lower elevation where.failure or
interruption of transportation services would not endanger
the public health or safety.
304.300 ADMINISTRATION
304.310 Zoning Administrator. A Zoning Administrator shall administer
and eri orce t is Or finance .
If he/she finds a violation of the provisions of this Ordinanc(
he/she shall notify the person responsible for such violation,
indicating the nature of the violation, and ordering the actio►
necessary to correct it.
304.320 Use Permit
A. Use Permit Required. A Use Permit issued by the ?.oning
Administrator in conformity with the provisions of this
Ordinance shall be secured prior to the erection, addition
or alteration of any building, structure, or portion there-
of; 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 or
excavation of materials, or any development within the
flood plain. _
B. Application for Use Permit. Application for a Use Permit
shall e made in up icate to the Zoning Administrator on
forms furnished by him/her and shall include the following
where applicable; plans in duplicate drawn to scale, show-
ing the nature, location, dimensions; and - elevations of the
lot; existing or proposed structures, fill, or storage of
materials; and the location of the foregoing in relation
to the stream channel.
C. State and Federal'Permits. Prior to granting a Use Permit
or processing an application for n Conditional Urn Permit
or Variance, the Zoning Administrator shall determine that
the applicant has obtained all necessary State and Federal
Permits.
304-1r) TLnended by Ord. 1, 93 6
D, Certificate of Zoninq !'r�mnl.iance for a New, Altered,
or oncon ormin� i75c; It shell he unlawful to use,
occupy, or permit the use or occupancy of.auy.building
or premises or part thereof hereafter created, erected,
changed, converted, altered, or enlarged in its use or
structure until a Certificate of Zoning Compliance shall
have been issued by the Zoning Administrator stating that
the use of the building or land conforms to the require-
ments of this Ordinance. Where a nonconforming use or
structure is extended or substantially altered, the
Certificate of Zoning Compliance shall specifically state
the manner in which the nonconforming structure or use
differs from the provisions of this Ordinance.
E. Construction and Use to be Provided in A nlications, Plans,
Permits, an ertificate of Zoning Compliance. Use Permits,
Conditional Use Permits, or Certificates of Zoning Com-
pliance issued on the basis of approved plans and applica-
tions authorize only the use, arrangement,.and construction
set forth in such approved plans and applications, and no
other use, arrangement, or construction. Any use arrange-
ment, or construction at variance -with that authorized
shall be deemed violation of this ordinance; and punish-
able as provided by Section i2,0 of this Ordinance.
The applicant shall be required to (submit certification
by a registered professional engineer, registered arch-
itect, or registered lan(11 surveyor that the finished fill
and building elevations were accomplished -in compliance _
with the provisions of this ordinance. Flood -proofing
measures shall be certified by a registered professional
engineer or registered architect.
F. Record of First Floor Elevation. The 7,oninq Administrator
shall maintain a record of the elevation in relation to
mean sea level of the first floor (including basement) of
all new structures or adOitions to existinq structures in
the flood plain districts, tie/She shall also maintain a
record of the elevations in relation to mean sea level to
which structures or addit.ons to structures are flood -
proofed
._-,ended b<< Ord, 7938
(304.320)
C. Alteration of Watercours(,.s
1. The Zoning Administration shall notify adjacent
communities and the (State coordinating agency)
prior to any alteration or relocation of a water-
course, and submit evidence of such notification
to the Federal Insurance Administration.
2. The City shall require that maintenance is pro-
vided within the altered or relocated portion
of said watercourse so that the flood carrying
capacity is not diminished.
304.330 Variances, Appeals, and Conditional Use Permits.
A. Variances and Appeals. The Board of Adjustments
shall hear and decide variances and appeals where it
is alleged there is error in any order, requirement,
decision, or determination made by an administrative
official in enforcement or administration of this
Ordinance, as provided by the Zoning Ordinance.
1. The Zoning Administrator shall notify by mail,
the Commissioner of Natural Resources of an
application for Variance or an appeal ten (10)
days before hearing on the request.
2. 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 Regulatory Flood Protection Elevation for
the particular area, or permit standards lower
than those required by State law.
-12 'mendef. by Ord. 7938
(304.330)
B. Condition Use Permits. Applications for Conditional
Use Perm is nice proceu3cd as Ccrxlitionzl U_,c !'cLmits
under the provisions of this Zoning ordinance with the
following additional requirements.
1. Ilearincne. Upon filing with the Zoning Administrator
an application for a Conditional Use Permit, the
so Zoninq Administrator shall submit by mail to the
Commissioner of Natur,,l Resources a copy of the
application for proposed Conditional Uses sufficientl
in advance so that the Commissioner will receive at
least ten days notice of the hearing.
2. Decisions. In granting a Conditional Use Permit the
City Council may prescribe appropriate conditions
and safequards, in addition to those specified in
Section 304.380 which are in conformity with the
purposes of this Ordinance. Violations of such
conditions and safeguards, when made a part of the
terms under which the Conditional Use Permit is
granted, shall be deemed a violation of this
Ordinance. A copy of all decisions granting
Conditional Use Permits shall be forwarded by mail
to the Commissioner of Natural Resources within
ten (10) days of such action.
C. The Board of Adjustments shall he the City Council ;as
provided in the Zonirriq , ordinance.
304.340 Procedures for Evaluating Provosed Conditional Uses Within
the General F o� od P ain District.
A. Upon receipt of an application for a Conditional Use
Permit for a Flood Plain District
the applicant shall be required to furnish such of the
following information as is deemed necessary by the
Zoning Administrator for the determination of the
Regulatory Flood Protection Elevation and whether the
proposed use is within the floodway or flood fringe.
1. A typical valley cross -sect -ion -showing the channel
of tie stream, a evat on o and areas adjoining
each side of the. -channel., -cross -sectional areas
to be occupied by the proposed development, and
high water information.
2. Plan (surface view) showing elevations or contours
of the ground; pertinent structure, fill, or storage
elevations; size, location, and spatial arrangement
of all proposed and existing structures on the site;
location and elevations of streets; photographs
showing existing land uses and vegetation upstream
and downstream; and soil type.
3. 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.
-._ ;,endF ' by Ord . 7Q
B. One copy of the above infor:nition shall be trans-
mitted to a designate2 engineer or of er expert
person or agency for technical assistance in deter-
mining whether the proposed use is in the floodway
or flood fringe and to determine the Regulatory Flood
Protection Elevation. Procedures consistent with
Minnesota Regulations hR 86-87 shall be followed in .i
this expert evaluation. The designated engineer or
expert shall:
1. Estimate the peak discharge of the regional flood.
2. Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
3. Compute the floodway necessary to convey the
regional flood without increasing flood stages
more than 0.5 feet. An equal degree of encroachment
on both sides of the stream within the reach shall
be assumed in computing floodway boundaries.
C. Based upon,the technical evaluation of the designated
engineer or expert,ezermtne
whether the proposed use is in the floodway or flood
fringe and the Regulatory Flood Protection Elevation
at the site.
Procedures to be Followed by the City Council in Passing
on Conditional Use Permit Applications Within a F ooa Plain
District. `
A. Require the applicant to furnish such of the following
f n ormation ana additional Mormat on as deemed necessax
by the Zoning Administrator for determining the suita-
bility of the particular site for the proposed use:
1. Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of the
lot, existing or proposed structures, fill, storage
of materials, flood -proofing measures, and the re-
lationship of the above to the location of the
stream channel.
2. Specifications for building construction and
materials, flood -proofing, filling, re ginc:, grad-
ing, channel improvement, storaqe of materials,
water supply and sanitary facilities.
B. Transmit one copy of the information described in
subsection to a designated engineer or other
expert person or agency for technical assistance,
where -necessary, in -evaluating the proposed project
in relation to flood heights and velocities, the
seriousness of flood damage to the use, the adequacy
of the plans for protection, and other technical matter_
;0 4 -14 Amended by Ord. 7933
6CA 350, C. Bast, _ upon the technira l eva lun-icn of the designated
engineer or exnert, the city Council shall determine
the specific flood hazard at thf"! sitr% and evaluate the
suitability of the propor4!d use in relation to the
flood hazard.
304.360 Factors Upon Which the Decision nf the City Council Shall
Be Base In passing upon Conditio Use appITcations, the
Citv Council hall consider all evant factors specified
1n other sections of this Ordinance, an
A. The danger of life and property due to increased flood
heights or velocities caused by encroachments.
B. The clanger that materials may he swept onto other lands
or downstream to the injury of others.
C. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination
and unsanitary conditions.
D. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
E. The importance of the services provided by the proposed
facility to the community.
r F. The requirements of the facility for a waterfront location.
t G. The availability of alternative locations not subject to
flooding for the proposed use.
11. The compatibility of the proposed use with existing develop-
ment and development anticipated in the foreseeable future.
I. The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
J. The safety of access to the property in times of flood for
ordinary and emergency vehicles.
K. The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at
the site.
L. Such other factors which are relevant to the purposes of
this Ordinance.
304.370 Time for Actin5 on Application. The City Council shall act
on an application in the manner described above as provided
in the Zoning Ordinance, except that where additional inform-
ation is required pursuant to Section 304.340 and 304.350 of
this Ordinance. The City Council shall render a written de-
cision at the next regularly scheduled meeting after the re-
ceipt of such additional information.
3 �) 4+- 115 Amended by Cr Mg
304.380 Conditions Att��:hed to Conditional Use Pe,.A ts. Upon consider-
ation of the factors istea above and the purposes of this
Ordinance, the City Council may attach such conditions to the
granting of Conditional Use Permits as it deems necessary to
fulfill the purposes of this Ordinance. 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, occupancy and operation.
3. Imposition of operational controls, sureties and deed
restrictions.
4.
Requirements for construction of channel modifications,
dikes, levees and other protective measures.
5.
Flood -proofing measures, in accordance with the State
Building Code. The applicant shall submit a plan or
document certified by a registered professional engineer
or architect that the flood-proofinq measures are con-
sistent with the Regulatory Flood Protection Elevation
and associated flood factors for the particular area.
1,400 NONCONFORMING USES
.410 A structure or the use of a structure or premises which was
lawful
ore EEe passage or amendment of this Ordinance but
which is not in conformity with the provisions of this Ordinanc,
may
be continued subject to the following conditions:
A.
No such use shall be expanded, changed, enlarged, or
'�__•
altered in a way which increases its nonconformity.
B.
No structural alteration or addition to any nonconforming
-�
structure over the life of the structure shall exceed 50
�!
percent of its assessed value at the time of its becoming
a nonconforming use, unless the entire structure is per-
manantly changed to a conforming use or unless the alter-
ation or addition would substantially reduce potential
flood damages for the entire structure.
C.
Any alteration or addition to a nonconforminq use which
would result in substantially increasing the flood damage
potential of that use shall be flood -proofed in accordance
with the State Building Code.
D. If any nonconforming use is discontinued for 12 consecutive
months, any future use of the building premises shall con-
form to this Ordinance. The assessor shall notify the Zon-
ing Administrator in writinq of -instances of nonconforming
uses which have been discontinued for a period of 12 months
E. If any nonconforming use is destroyed by any -means, in-
cluding floods, to an extent of 50 percent -or more -of its
assessed value, it shall not be reconstructed except in
conformity with the provisions of this Ordinance. However,
the City Council may issue a Conditional Use Permit for
reconstruction if the use is located outside the floodway
and upon reconstrur , ion, is ade^,rntely flood -proofed,
(304.410 E.)
clevatec or otherwico protected in ,nformity with
Section 304.380
F. Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonconforming uses.
G. Nonconforming uses located in the Floodway District shall
be eliminated or brought into conformity with the standards
contained in this Ordinance within a reasonable period -of -
time as determined by the City Council, after a hearing
for each such nonconforming use. The Board shall make its
determination upon the basis of the normal useful life of -
any improvement upon the premises. In ar?dition, the mon-
etary value of any competitive advantage derived by the
operation of such nonconforming use, by reason of the lim-
itation on, establishment of competing businesses as a re-
sult of this Ordinance, shall -be -considered as a reduction
of losses. resulting from the requirement of termination
of the use under this Ordinance.
H. The Zoning Administrator shall prepare a list of those
nonconforming uses which have been flood --proofed or
otherwise adequately protected in conformity -with Section
304.380 of this Ordinance. He shall present -such -list
to the City Council which may issue a certificate to the
owner stating that such uses, as a result of these cor7ective
measures, are in conformity with the provisions of this
Ordinance.
304.500 AMENDMENTS
The flood plain designation on the'Official Zoning Map shall,
not be removed from flood plain areas unless it can be shown
that the designation -is -in -error -or -that -the -area has been
filled to -or -above the - elevation of -the -regional flood and is
contiguous -to lands outside the -flood plain. Special exceptionG
to this rule may be permitted by the Commissioner of Natural
Resources if he determines that, through other- measures, lards
are adequately protected for the intended use.
All amendments to this ordinance including amendments to
the Official Zoning Map must be submittedtoand approved by
the Commissioner of Natural Resources prior to adoption.
Changes in the -official Zoninq Map also require prior approval
by the Federal Insurance Administration.
304.600 Fees
Fees shall be set by Ordinance of the City. Council.
mended Or^ , i 9
& 7947