2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:51 [EST] (Supp. No. 36) Page 89 of 198 floodplain shall not be permitted unless granted a variance in accordance with section 90-40. Such variance shall limit the use or occupancy period to nonflood periods, and may be granted only where adequate warning time is available to vacate the property prior to the driveway becoming impassable. i. Service facilities, such as electrical and heating equipment, whether inside or outside of a structure, shall be installed at or above the regulatory flood protection elevation, or be adequately floodproofed to avoid damage to the facility during periods of flood. j. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain district shall be located out of the floodway and protected from erosion by vegetative cover, mulching, riprap, or other method acceptable to the city engineer. k. Dredge spoil sites and mining operations created after the adoption of the ordinance from which this chapter is derived shall not be allowed in the floodway but may be allowed in the flood fringe if a long-term site development plan is submitted that includes erosion/sedimentation prevention. l. Materials and equipment must be stored on fill to a point at or above the regulatory flood protection elevation. m. 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. n. 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 the Minn. Stat. §10 (G). Community-wide structural works for flood control intended to remove areas from the floodplain district shall not be allowed in the floodway. o. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100- year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of the stream. p. 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. (6) Altering designations and boundaries. In certain instances, land may be removed from the floodplain district by increasing its elevation through fill in accordance with the standards established by the Minnesota Department of Natural Resources and the Federal Emergency Management Agency (FEMA) for removing the special flood hazard designation on property. Such change to the boundaries of the floodplain district may be allowed by the city council by resolution amending this section following a recommendation by the city engineer and approval by the state department of natural resources and FEMA. (7) Certificate required for use or occupancy. It is unlawful for any person to use, occupy, or permit the use or occupancy of any building or premises in the floodplain district that is hereafter created, erected, changed, converted, altered, or enlarged in its use or structure without first having obtained a certificate of occupancy from the community development director. (8) Conditions for permits and certificates. As a condition for granting any certificate of occupancy, certificate of compliance, or conditional use permit for any property or use in the floodplain district, the property owner or user shall provide the community development director the following: a. A certification from a registered professional engineer, registered architect, or registered land surveyor, that the finished fill and building elevation are in compliance with the provisions of this chapter.