2009.10.05 ORD 2009-434 - Laserfiche WebLink

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CITY OF HUGO SUMMARY ORDINANCE 2009-434 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF OR- DINANCES FOR THE CITY OF HUGO. THE FULL TET OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. TITLE: An ordinance amending Chapter 90, Article I. IN GENERAL, Sections 90-1 and 90-3, Article ll. ADMINISTRATION AND ENFORCEMENT, Sections 90-37, 90-38, 90-40, 90-41, 90-45, 90-46, Article III. ZONING MAP, Section 90-67, Article IV. ZONING DISTRICT REGULATIONS, Section 90-138, Article V. ENVIRONMENTAL PROTEC- TION, Section 90-171, Article VI. PERFORMANCE STANDARDS, Sections 90-211, 90-227, 90-242, 90-243. and Article VII. LAND DIVISION AND PLATTING, Section 90-336, to add the following: SUMMARY OF ORDINANCE: Article I. In General. Section 90-1 Definitions: This section will amend and revise definitions for words in City ordinances that relate to the floodplain. Section 90-3 Purpose: It is the intent of this chapter to establish regulations for the use, development and re- development of property within the city in order to promote the public health, safety, morals, and general welfare consistent with applicable law. This chapter is intended to incorporate a broad spectrum of land use regulations (including zoning, subdivision, shoreland, and floodplain regulations) into a single document to promote their understanding by the public, aid in their implementation, and ensure consistency between regulations. In ad- dition to the above, this Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. Article II. Administration and Enforcement Section 90-37 Conditional Use Permits: Adding language that the City Engineer will review the application, if it is included in the Floodplain District, to determine if the applicant has submitted sufficient information on how the use will impact the floodplain and what other requirements may be needed for review. Section 90-38 Variances: Adding language to the criterion for approval that the variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and other requirements. Section 90-40 Zoning Amendments: Adding language to the criterion for approval of an application for a zon- ing amendment that the flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless certain requirements are met. Section 90-41 Permits: Adding language to state that a permit shall be secured when getting a building permit for certain items within the floodplain. Section 90-45 Enforcement: Adding language that states no land use request shall be granted, including, but not limited to, conditional use permits, variances, subdivisions, building permits, or certificates of compliance, for any property not in compliance with this chapter, unless such request shall result in the property being brought into full compliance, except lawful nonconforming uses as defined in section 90-46. Section 90-46 Nonconforming buildings, structures, uses, and lots: Contains a regulation that any building or structure that is damaged to the extent greater than 50% of is market value that it shall be restored to conform to the use allowed by ordinance. Adding language to clarify within the ordinance that the same happen in a floodplain district and that the building or structure shall also conform to the floodplain district ordinance, such as meeting the regulatory floodplain protection elevation. Article III. Zoning Map Section 90-67 Zoning Map Interpretation: Amends language providing that where interpretation as to the exact location of the boundaries of the floodplain is required, the city engineer shall make a determination based on elevations on the regional flood profile, actual field conditions, that existed on the site at the time the Com- munity adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data such as neighboring development's 100 -year flood elevation and recent City modeling providing for appeal by a property owner. Article IV. Zoning District Regulations - Division 2 Overlay Districts Section 90-138 Floodplain District: The description of the floodplain district ordinance will reference the maps that are used to determine where the floodplain is located and all letters of map revisions that have been issued by FEMA. Adding language that would require a motor home to be road ready and could be easily moved if it is stored in the floodplain. In the construction standards for the floodplain district adding language that addresses and regulates accessory structures that may be constructed in the floodplain. Article V Environmental Protection Section 90-171 Minimum Building Elevations: In order to provide a reasonable assurance that buildings will not be flooded by surface or ground waters during a regional flood, the following minimum standards are established for the construction of structures in all zoning and overlay districts of the city: All basement floors, or first floor if there is no basement, shall be constructed at an elevation above the regulatory flood protection elevation, or four feet above the ordinary high groundwater elevation, whichever is higher, unless floodproofed in accordance with subsection 90-138(5). Article VI Requirements for Specific Uses and Performance Standards Section 90-211 Campgrounds: Adding language that any new campgrounds located in the Floodplain District the motor homes need to be elevated above the regulatory flood protection elevation and meet the construction standards for structures in the floodplain or need to be licensed and road ready in case of an emergency flood. The motor home can not have any permanent structural additions that would prevent evacuation. Section 90-227 Fences: Adding language that any a conditional use permit shall be required in the floodway and a use permit shall be required in the flood fringe for any fences that have the potential to obstruct flood flows. Farm fences are exempt from this requirement. Section 90-242 Manufactured Home Park: Adding language that any new manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 90-336 of this chapter. Section 90-243 Manufactured Housing: Adding language that any manufactured structure, whether located in a manufactured home park or elsewhere in the city, may not be located in the floodplain district of the city, unless raised on fill or other acceptable method above the regulatory flood protection elevation and serviced by a street or driveway constructed in accordance with section 90-222. Article VII Land Division and Platting, Section 90-336: There has been language added to this section to note regulations for subdivisions in the Floodplain District. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or be elevated to or above the regulatory flood protection elevation. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordi- nance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended and added sections are available on the City website for further review. Passed and adopted by the City Council of the City of Hugo this 5th day of October, 2009. APPROVED: Fran Miron, Mayor ATTEST: Michele Lindau, City Clerk Published one time in The Citizen on November 11, 2009.