1978.10.30 ORD 1978-153 - Laserfiche WebLink

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interpreted so as to give them the same accessory structures (temporary or the regulatory flood protection elevation furnished by the City and shall include meaning as they have in common usage permanent), or fill or storage of shall be flood proofed to FP-1 FP-2 the following where applicable:plans in and so as to give this Ordinance its most materials or equipment.These 6ses may classification as defined by the State duplicate drawn to scale, showing the reasonable application. be permitted in the Floodway District Building Code.Structures flood proofed nature, location, dimensions, and (1)Accessory Use or Structure.A use only after the issuance of a Special Use to FP-3 or FP-4 classification shall not elevations of the lot; existing or or structure on the same lot with,and of Permit as provided in Section 320-28, be permitted. - proposed structures, fill, or storage of a nature customarily incidental and Subd. B of this Ordinance. These uses (3)Standards for Flood Fringe Uses. materials; and the location of the subordinant to, the principal use or are also subject to the provisions of a.Residential Uses.Residences that foregoing in relation to the channel. structure. Section 320-24 (3) which applies to all do not have vehicular access at or above (3)State and Federal Permits.Prior ORDINANCE NO.153 (2)City.Shall mean the City of Hugo. Floodway Conditional Uses. an elevation not more than two feet to granting a Special Use Permit or ORDINANCE AMENDING (3)City Council.Shall mean the City a. Structures accessory to open below the regulatory flood protection processing an application for a Special OF THE HUGO CITY Council of the City of Hugo. space. elevation shall not be permitted unless Use Permit or Variance the Zoning C D "ZONING" TO (4)Flood.A temporary rise in stream b.Placement of fill. granted a Variance by the City Council. Administrator shall determine that the PROVIDE REGULATION AND flow or stage that resultsininundationof c. Extraction of sand, gravel, and In granting a Variance the City shall ilicant has obtained all necessary MANAGEMENT OF FLOOD PLAIN the areas adjacent to the channel, other materials. specify limitations on the period of use to and Federal Permits. DISTRICTS. (5) Flood Frequency. The average d. Marinas, boat rentals, docks, or occupancy of the residence. (4) Construction and Use to be as The Legislature of the State of Min- frequency,statistically determined,for piers, wharves, and water control b.Commercial Uses.Accessory land Provided in Applications, Plans,n has in Minnesota Statutes 1969,c. which it is expected that a specific flood structures. uses,such as yards,railroad tracks,and mits.Special Use Permit issued on the 104, and acts amendatory thereto, state or discnarge may be equalled or e.Railroads,streets,bridges,utility parking lots may be at elevations lower basis of approved plans and applications delegated the responsibility to local exceeded. transmission lines,and pipelines. than the Regulatory Flood Protection authorize only the use, arrangement, governmental units to adopt regulations (6)Flood Fringe.That portion of the f. Storage yards for equipment, Elevation.However,a permit for such and construction set forthin such ap- designed to minimize flood losses. flood plain outside of the floodway.Flood machinery,or materials. facilities to be used by the general public proved plans and applications,and no Therefore, the City Council of Hugo, fringe is synonymous with the term g. Other uses similar in nature to shall not be granted,in the absence of a other use,arrangement,or construction. Minnesota hereby ordains as follows: floodway fringe used in the Flood In- uses described in Sections 320-24,Subd. flood warning system that provides Any use,arrangement,or construction ARTICLE II- suranceStudy. A (I) and Subd.A (2) which are con- adequate time for evacuation if the area at variance with that authorized shall be FLOOD PLAIN MANAGEMENT (7)Flood Hazard Areas.Areas subject sistent with the provisions set out m is inundated to a depth greater than two deemed violation of this Ordinance,and 320-20.FINDINGS OF FACT. to periodic innundation which results in Sections 320-20 of this Ordinance. feet or subject to flood velocities greater punishable as provided by Section 320-30. 1. The flood hazard areas of Hugo, potential loss of life and property, (3) Standards for Floodway Special than four feet per second upon the oc- The applicant shall be required to Minnesota, are subject to periodic health,and safety hazards,disruption of Uses. currence of the regional flood. submit certification by a registered inundation which results in potential loss commerce and governmental services, . All Uses. No structure (tern- c. Manufacturing and Industrial professional engineer, registered ar- of life,loss of property,health and safety extraordinary public expenditures for porary or permanent),fill(including fill Uses. Measures shall be taken to chitect,or registered land surveyor that hazards, disruption of commerce and flood protection and relief, and im- f[or roads and levees), 'deposit, ob- minimize interference with normal plant the finished fill and building elevations governmental services, extraordinary pairment of the tax lease all of which struction storage of materials, or operations especially for streams having were accomplished in compliance with public expenditures for flood protection adversely affect the public health safety equipment,or other uses may be allowed protracted flood durations. Certain the provisions of this Ordinance.Flood- and relief, and impairment of the tax and general welfare. as Special Uses which,acting alone or in accessory land uses such as yards and proofing measures shall be certified by a base,all of which adversely affect the (8) Flood Insurance Study. Study combination with existing or reasonably parking lots may be at lower elevations registered professional engineer or public health, safety, and general conducted under the auspesies of the anticipated future uses,adversely af- subject to requirements set out in registered architect. welfare. Federal Insurance Administration and feels the capacity of the floodway or Section 320-24,Subd.B (3) b above.In (5) Record of First Floor Elevation. 2. Methods used to Annalyze Flood the Federal Department of Housing and increases flood heights.In addition,all considering permit applications, due The Zoning Administrator shall main- Hazards.This Ordinance is based upon a. Urban Development which establishes floodway Special Uses shall be subject to consideration shall be given to needs of fain a record of the elevation of the first reasonable method of analyzing flood floodway areas and rate zones for those the standards contained in Section 320- an industry whose business requires that floor (including basement) of all new hazards which is consistent with the areas subject to potential flood damage. 28,Subd.D (4)and the following Stan- it be located in flood plain areas. structures or additions to existing standards established by the Minnesota (9)Flood Plain.The areas adjoining a dards(Sections 320-24(3)a through e). Subd. C: GENERAL FLOOD PLAIN structures in the flood plain districts.He Department of Natural Resources. watercourse which have been or b.Fill DISTRICT(FP). shall also maintain a record of the 320-21.PURPOSE.It is the purpose of hereafter may be covered by the (a.) Any fill deposited in the (1) Permitted Uses. Permitted Uses elevations to which structures or ad- this Ordinance to promote the public regional flood, floodway shall be no more than the shall include those uses permitted by ditions to structures are flood proof. health,safety,and general welfare and (10)Flood Proofing.A combination of minimalamount necessary to conduct a Section 320-24 Subd. A (1) of this Or- Subd.C:BOARD OF ADJUSTMENT. to minimize those losses described in structural provisions, changes, or ad- Special Use listed in Section 320-24, dinance. (1) The functions of the Board of Section 320-20,1 by provisions contained justments to properties and structures Subd. A (2). Generally fill shall be (2) Special Uses. All other uses Adjustment shall be performed by the herein• subject to flooding primarily for the limited to that needed to grade or land- require a Special Use Permit as City Council unless it establishes, by 320-22.GENERAL PROVISIONS. • reduction or elimination of flood scape for that use and shall not in any provided in Section 320-28,Subd.D. separate ordinance,a body to perform Subd. A: LANDS TO WHICH OR- damages. way further obstruct the flow of flood The general Flood Plain District in- these actions. DINANCE APPLIES. This Ordinance (11) Floodway. The channel of the waters. eludes both floodway and flood fringe (2)Administrative Review.The Board shall apply to all lands within the watercourse and those portions of the (b.) Spoil from dredging or sand areas. Based on procedures in Section shall hear and decide appeals where it is jurisdiction of the City of Hugo shown on adjoining flood plains which are and gravel operations shall not be 320-28,Subd.D(2)the City Council shall alleged there is error in any order, the Official Zoning Map as being located reasonably required to carry and deposited in the floodway unless it can determine whether the proposed use is in requirement,decision,or determination within the boundaries of the Floodway, discharge the regional flood. be done in accordance with a. of this the floodway or flood fringe. If it is made by an administrative official in the Flood Fringe, or General Flood Plain (12) Obstruction. Any dam, wall, Section. determined that the use lies in the enforcement or administration of this Districts. wharf, enbankment, levee, dike, pile, (c.) Fill shall be protected from floodway the provisions ofSection 320.24, Ordinance. Subd.B:REFERENCE TO OFFICIAL abutment, projection, excavation, erosion by vegetative cover. Subd.A of this Ordinanceshallapply.If (3)Variances.It may authorize upon ZONING MAP.The Official Zoning Map channel rectification,culvert,building, c.Accessory Structures(temporary it is determined the proposed use lies in appeal in specific cases such variance together with all explanatory materials wire, fence, stockpile, refuse, fill, or permanent) permitted as Special the flood fringe the provisions of Section from the terms of this Ordinance as will thereon,and attached thereto is hereby structure,or matter in,along,across,or Uses by Section 320-24,Subd.A(2). 320-24, Subd. B of this Ordinance shall not be contrary to the public interest, adopted by reference and declared to be projecting into any channel, water- (a.)Accessory structures shall not apply. where owing to special conditions as a part of this Ordinance. The ex- course,or regulatory flood hazard area be designated for human habitation. 320-25.SUBDIVISIONS.No land shall literal enforcement of the provisions of planatory material shall include the which may impede, retard, or change (b.) Accessory structures shall be subdivided which is held unsuitable the Ordinance will result in unnecessary Flood Insurance Study for the City of the direction of the flow of water,either have a low flood damage potential. by.City Council for reason of flooding, hardship so that the spirit of the Or- Hugo prepared by the Federal Insurance in itself or by catching or collecting (c.) Accessory structures, if inadequate drainage, or inadequate dinance shall be observed and sub- Administration dated March, 1978,and debris carried by such water,or that is permitted, shall be constructed and water supply or sewage treatment stantial justice done.No Variance shall the Flood Boundary and Floodway Maps placed where the flow of water might placed on the building sites so as to offer facilities.All lots within the Flood Plain have the effect of allowing in any district and Flood Insurance Rate Maps therein. carry the same downstream to the the minimum obstruction to the flow of Districts shall contain a building site at uses prohibited in that district,permit a The Official Zoning Map shall be on file damageof life or property. flood waters. or above the regulatory flood protection lower degree of flood protection than the in the Office of the City Clerk and the (13) Reach. A hydraulic engineering i.Whenever possible,structures elevation. All subdivisions shall have regulatory flood protection elevation for Zoning Administrator. term to describe a longitudinal segment shall be constructed with the water and sewage disposal facilities that the particular area,or permit standards Subd. C: REGULATORY FLOOD of a stream or river influenced by a longitudinal axis parallel to the direction comply with the provisions of this Or- lower than those required by$tate law. PROTECTION ELEVATION. The natural or manmade obstruction.In an of flood flow,and, dinance and have road access no lower (4) Hearings. Upon filing with the Regulatory Flood Protection Elevation urban area,the segment of a stream or ii. So far as practicable, than two feet below the regulatory flood Board of Adjustment of an appeal from a shall be an elevation no lower than one river between two consecutive bridge structures shall be placed ap- protection elevation. In the general decision of the Zoning Administrator,or foot above the elevation of the regional crossings would most typically con- proximately on the same flood flow lines Flood Plain District applicants shall an application for a Variance,the Board flood plus any increases in flood stitute a reach. as those of adjoining structures. provide the information required in shall hold a Public Hearing within 60 elevation caused by encroachments on (14)Regional Flood.A flood which is (d.)Accessory structures shall be Section 320-28, Subd. D (2) and the days.Notice of the Public Hearing shall thefloodplain. representative of large floods known to flood proofed in accordance with the subdivision shall be evaluated in ac- be published in the official newspaper at (1) The regulatory flood protection have occurred generally in Minnesota State Building Code. cordance with procedures therein, least 10 days prior to the date of the elevation within the Floodway and Flood and reasonably characteristic of what d. Storage of Materials and 320-26. PUBLIC UTILITIES, hearing.Notices of the Public Hearing Fringe Districts shall be established by can be expected to occur on an average Equipment. RAILROADS,ROADS,AND BRIDGES. shall be mailed to those property owners adding one foot to the Base Flood Water frequency in the magnitude of the 100 (a,)The storage or processing of Subd. A: PUBLIC UTILITIES. All in the affected flood area at least 10 days /Surface Elevations with Floodway listed year recurrence interval.Regional flood materials that are in time of flooding public utilities and facilities such as gas, prior to the hearing.Failure to receive in the Floodway Data Table contained in is synonymous with the term base flood buoyant,flammable,explosive,or could electrical, sewer, and water supply such notice shall not invalidate such the Flood Insurance Study.Regulatory used in the Flood Insurance Study. be injurious to human,animal,or plant systems to be located in the Flood Plain hearing.The Board shall submit to the flood protection elevations between (15) Regulatory Flood Protection life is prohibited. shall be flood proofed in accordance with Commissioner of Natural Resources a cross-sections shall be interpolated. Elevation.Set forth in 320.22 Subdivision (b.)Storage of other materials or the State Building Code or elevated to copy of the application for proposed (2) The regulatory flood protection C. equipment may be allowed if readily above the regulatory flood protection Variances sufficiently in advance so that elevation within the General Flood Plain (16) Structure. Anything constructed removable from the area within the time elevation. the Commissioner will receive at least 10 District shall be calculated by the City or erected on the ground or attached to available after flood warning. Subd. B: RAILROADS, ROADS, AND days notice of the hearing. Engineer in accordance with procedures the ground,including,but not limited to, e. Structural Work for Flood Con- BRIDGES.Railroad tracks,roads,and (5)Decisions.The Board shall arrive in Section 320-28, Subd. D (2) of this buildings, factories, sheds, cabins, trol. Structural works for flood control bridges to be located within the floodway at a decision on such appeal or Variance ordinance. mobile homes,and other similar items. such as dams, levees, dikes, and shall comply with Section 320-24,Subd.A within 45 days after a Public Hearing is Subd.D:INTERPRETATION. 320.23. ESTABLISHMENT OF floodwalls shall be allowed only upon (3)a and b of this Ordinance.In all Flood held. In passing upon an appeal the (1) In the interpretation and ap- ZONING DISTRICTS. The flood plain issuance of a Special Use Permit. In Plain Districts, elevation to the Board may,so long as such action is in plication, the provisions of this Or- areas within the jurisdiction of this addition,any proposed work in the beds regulatory flood protection elevation conformity with the provisions of this dinance shall be held to be minimum Ordinance are hereby divided into three of public waters which will change the shall be provided where failure or in- Ordinance,reverse or affirm,wholly or requirements and shall be liberally Districts: Floodway District (FW), course,current, or cross-section of the terruption of these transportation in part, or modify the order, construed in favor of the City Council Flood Fringe District(FF),and general waters shall be subject to the provisions facilities would result in danger to the requirement,decision or determination and shall not be deemed a limitation or Flood Plain District(FP). of Minnesota Statutes 1976,c. 105,and public health or safety or where such appealed from and it shall make its repeal of any other powers granted by Subd.A: FLOODWAY DISTRICT.The other applicable statutes. facilities are essential to the orderly decision in writing setting forth the State Statutes. Floodway District shall include those Subd. B: FLOOD FRINGE'DISTRICT functioning of the area. Minor or findings of fact and the reasons for its (2) The boundaries of the zoning areas designated as floodway in the (FF). auxiliary roads or railroads may be decisions. In granting a Variance the districts shall be determined by scaling Flood Insurance Study. (1) Permitted Uses. The following'constructed at a lower elevation where Board may prescribe appropriate distances on the Official Zoning Map. Subd.B: FLOOD FRINGE DISTRICT. uses shall be Permitted Uses within the failure or interruption of service would conditions and safeguards.Violations of Where interpretation is needed as to the The Flood Fringe District shall include Flood Fringe District to the extent that not endanger the public health or safety. such conditions and safeguards, when exact location of the boundaries of the those areas designated as floodway they are not prohibited by any other 320-27. MOBILE HOMES AND made a part of the terms under which district as shown on the Official Zoning ,fringeintheFloodInsuranceStudy. ordinance: MOBILE HOME PARKS. the Variance is granted,shall be deemed Map, as for example where there ap- Subbed C: GENERAL FLOOD PLAIN a.Any use permitted in Section 320- A. New mobile home parks and ex- a violation of this Ordinance.A copy of pears to be a conflict between a mapped DISTRICT. The general Flood Plain 24 A(1). pansions to existing mobile home parks all decision granting Variances shall be boundary and actual field conditions,the District shall include those areas b. Accessory structures provided shall be subject to the provisions placed forwarded to the Commissioner of City Council shall make the necessary designated as unnumbered A Zones by they comply with the provision of Sec- on subdivisions by Section 320-25. Natural Resources within ten(10)days interpretation based on elevations on the the Flood Insurance Rate Map. tion 320-24, Subd. A (3) c of this Or- B.Mobile home parks that are located of such action. regional (100-year) flood profile. The The boundaries of these districts shall be dinance, subject to Building permit in flood plain districts may be replaced (6) Appeal to the City Council and person contesting the location of the shown on the Official Zoning Map. requirements. only if in compliance with the following District Court. Appeals from any district boundary shall be given a Within these districts all uses not c. Residence and other structures conditions: decision of the Board may be taken by reasonable opportunity to present his allowed by the terms of this Ordinance constructed on fill so that the basement 1.The mobile home lies in the Flood any person or persons, jointlyor case to the City and to submit technical as Permitted Uses or permissable as floor or first floor, if there is no Fringe District. severally,aggrieved by any decisin of evidence if he so desires. Special Uses shall be prohibited. Lot basement,is at or above the regulatory 2.The mobile home is anchored with the Board, or any taxpayer, officer, Subd. E: COMPLIANCE.No structure sizes shall be regulated in accordance flood protection elevation, subject to tiedowns that comply with requirements department, board, or bureau of the or land shall hereafter be used and no with the underlying zoning regulations Building permit requirements. The of Minnesota Regulations Mon 450. municipality to the City Council. structure shall be located, extended, provided by Section 320-4 of the Zoning finished fill elevation shall be no lower 3.The mobile home owner or renter Subd. D: SPECIAL USES, PERMIT converted, or structurally altered chapter of the Hugo City Code.- than one (1)foot below.the regulatory is notified that the mobile home site lies FILING. without full compliance with the terms 320-24. SPECIAL FLOOD-RELATED flood protection elevation and shall in the flood plain and may be subject to (1) All applications for Special Use of this Ordinance and other applicable DISTRICTS,USE REGULATIONS. extend at such elevation at least fifteen flooding. Permits relating to this Ordinance shall regulations which apply to uses within Subd.A:FLOODWAYDISTRICT(FW). (15) feet beyond the limitsof any (1) Permitted Uses. The following 4. The mobile home park owner be handled in accordance with the the jurisdiction ofthis Ordinance. structure or building erected thereon. develops a flood emergencylan con- normal procedure established by the Subd. F: ABROGATION, GREATER uses have a low flood damage potential Fill shall be gompacted And the slopes sistent with the time available after a City.The City Clerk shall submit to the RESTRICTIONS AND REPEAL OF and do not obstruct flood flows.These shall be protected by rip rap ro flood warning. Commissioner of Natural Resources a INCONSISTENT REGULATIONS.It is uses shall be permitted within the vegetative covering. C. Individual mobile homes not copy of the application for the proposed not intended by this Ordinance to repeal, Floodway District to the extent that they No use shall be permitted which will located in mobile home parks may be Special Use Permit sufficiently in rmitted if allowed by other applicable vane so that the Commissioner will ad- abrogate, or impair any existing are not prohibited by any other or- adversely affect the capacity of chan- pe easements, convenants, or deed dinance and provided they do not require nels or floodways of any tributary to the ordinances and if they comply with the receive at least 10 days notice of the time provisions of Section 320-24,Subd.B(1) it will be considered by the City.A copy of all decisions granting Special Use restrictions. However, where this Or- structures,fill,or storage of materials, drainage facility or system. dinance imposes greater restrictions„ or equipment.In addition,no use shall Special Uses. Other uses are per- c• the provisions of this Ordinance shall adversely affect the capacity of the milted only upon application to the 32028.ADMINISTRATION. Permits shall be forwarded to the prevail. All other ordinances in- channels or floodways or any tributary Zoning Administrator and the issuance Subd.A:ZONING ADMINISTRATION. Commissioner of Natural Resources consistent with this Ordinance are to the main stream of of any drainage of a Special Use Permit as provided in A Zoning Administrator designated by within 10 days of such action. hereby repealed to the extent of the ditch,or any other drainage facility or Section 320-28,Subd.D of this Ordinance the City Council shall administer and (2) Procedures for Evaluating inconsistency only. system. and subject to the following provisions: enforce this Ordinance. If he finds a Proposed Special Uses Within "the Subd. G: WARNING AND a.Agricultural uses such as general a. Residences. Where existing violation of the provisions of this Or- General Flood Plain District. DISCLAIMER OF LIABILITY. This farming,pasture,grazing,outdoor plant streets, utilities, and small lot sizes dinance he shall notify the person a.Upon receipt of an application for Ordinance does not imply that areas nurseries, horticulture, truck farming, preclude the use of fill,other methods of responsible for such violation,indicating a Special Use Permit for and within the outside the flood plain districts or land forestry, sod farming, and wild crop elevating the first floor (including the nature of,the violation,and ordering general Flood Plain District, the ap- uses permitted within such districts will harvesting. basements) above the regulatory flood the action necessary to correct it. plicant shall be required to furnish such be free from flooding or flood damages. b.Industrial-Commercial uses such protection elevation may be authorized Subd.B:SPECIAL USE PERMIT. of the following information as is This Ordinance shall not create liability as loading areas, parking areas, and provided that the residence is flood (1) Special Use Permit Required. A deemed necessary by the City for the on the part of the City of Hugo or any airport landing strips. proofed in accordance with the State Special Use Permit issued by the City determination of the regulatory flood officer or employee thereof for any flood c. Private and public recreational Building Code. Council in conformity with the protection elevation and whether the damages that result from reliance on uses such as golf courses,tennis courts, b.No floor or portion-of a residence Provisions of this Ordinance shall be proposed use is the floodway or the flood this Ordinance or any administrative driving ranges,archery ranges,picnic below the regulatory flood protection secured prior to the erection,addition, fringe. decision lawfully made thereunder. grounds, boat launching ramps, elevation may be used for human oc- or alteration of any building,structure, i. .A typical valley cross-section Subd. H: SEVERABILITY. If any swimming areas, parks, wildlife and cupancy. or portion thereof; prior to the use or showing the channel of the stream, section,clause,provision,or portion of nature preserves, game farms, fish c. Other Structures.-Commercial, change of use of a building„structure,or elevation of land areas adjoining each this Ordinance is adjudged un- hatcheries, shooting preserves, target manufacturing and industrial struc- land;prior to the change or extension of side of the channel,cross-sectional areas constitutional or invalid by a court of ranges,trap and skeet ranges,hunting tures shall ordinarily be elevated on fill a Nonconforming Use;and prior to the to be occuppied by the proposed competent jurisdiction,the remainder of and fishing areas,and hiking and hor- so that their first floor, (including placement of fill or excavation of development, and high water in- this Ordinance shall not be affected seback riding trails. basement)is above the regulatory flood- materials within the flood plain. formation. thereby. d. Residential uses such as lawns, protection elevation but may in special (2) Application for Special Use Per- ii. Plan (surface view) showing Subd. I: DEFINITIONS. Unless gardens,parking areas,and playareas. circumstances be flood proofed in ac- mit.Application for Special Use Permit elevations or contours of the ground; specifically defined below, words or (2) Special Uses. All structures and cordances with the State Building Code. and Building Permits shall be made in phrases used in this Ordinance shall be the following open space uses require Structures that are not elevated to above duplicate to the City Clerk on forms