|
A.A structure or the use of a structure
<br /> or premises which was lawful before the
<br /> pertinent structure, fill, or storage passage or amendment of this Or-
<br /> elevations, size, location; and spatial dinance but which is not in conformity
<br /> arrangement 14 all proposed and with the provisions of this Ordinance
<br /> existing structures on the site;location may be continued subject to the
<br /> and elevations of streets; photographs following conditions:
<br />' showing existing land uses and 1. No such use shall be expanded,
<br /> vegetation upstream and.downstream; changed,enlarged,or altered in a way
<br /> and soil type. which increases its nonconformity.
<br /> iii YProfile showing the slope of the 2. No structural alteration or ad-
<br /> bottom of the channel or flow line of the clition to any nonconforming structure
<br /> stream for at least 500 feet in either over the life of the structure shall exceed
<br /> direction from the proposed develop- 50percent of its market value at the time
<br /> ment. of its becoming a Nonconforming Use,
<br /> b.One copy of the above information unless the structure is permanently
<br /> shall be transmitted to the City Engineer changed to a Conforming Use or unless
<br /> for technical assistance in determining the alteration or addition would sub-
<br /> whether the proposed use is in the stantially reduce potential flood
<br /> floodway or flood fringe and to deter- damages for the entire structure.
<br /> mine the regulatory flood protection 3.Any alteration or addition to any
<br /> elevation Procedures consistent with Nonconforming Use which would result
<br /> Minnesota Regulations NR 86-87 shall be in substantially increasing its flood
<br /> followed in this expert evaluation.The damage potential shall be protected in
<br /> City Engineer shall: accordance with Section 320-28.Subd.D
<br /> i.Estimate the peak discharge of (6)eofthis Ordinance.
<br /> the repional flood. 4.If such use is discontinued for 24
<br /> u. Calculate the.water surface consecutive months, any future use of
<br /> profile of the regional flood based upon a the building premises shall conform to
<br /> hydraulic analysis of the stream channel this Ordinance.
<br /> and overbank areas. 5. If any Nonconforming Use is
<br /> iii. Compute the floodway destroyed by any means, including
<br /> necessary to convey the regional flood floods,to an extent of 50 percent or more
<br /> without increasing flood stages more of its market value, it shall not be
<br /> than 0.5 feet. An equal degree of en- reconstructed except in conformity with
<br /> croachment on both sides of the stream the provisions of this Ordinance.
<br /> within the reach shall be assumed. However,the City may issue a Special
<br /> c. Based upon the technical Use Permit for reconstruction if the use
<br /> evaluation of the City Engineer,the City ,is located outside the floodway and,upon
<br /> shall determine whether the proposed reconstruction, is adequately flood-
<br /> use is in the floodway or flood fringe and proofed, elevated, or otherwise
<br /> the regulatory flood protection elevation protected in conformity with Section 320-
<br /> at the site. 28,Subd.D(6).
<br /> (3).Procedures to be Followed by the 6.Except as provided in Section 320-
<br /> City in considering Special Use Permit 29, A, 5, any use which has been per-
<br /> Applications
<br /> erApplications Within all Flood Plain mitted as a Special Use shall not be
<br /> Districts considered as a Nonconforming Use.
<br /> a.Require the applicant to furnish 7. Nonconforming Uses located in
<br /> such of the following information and the Floodway District shall be
<br /> additional information as deemed eliminated or brought into conformity
<br /> necessary by the City for determining with the standards contained in this
<br /> the suitability of the particular site for Ordinance within a reasonable period of
<br /> the proposed use: time as determined by the City,after a
<br /> i. Plans in triplicate drawn to hearing for each such Nonconforming
<br /> scale showing the nature, location, Use. The City shall make its deter-
<br /> dimensions, and elevation of the lot, mination upon the basis of the normal
<br /> existing or proposed structures, fill, useful life of any improvement upon the
<br /> storage of materials, floodproofing premises. In addition, the monetary
<br /> measures, and the relationship of the value of any competitive advantage
<br /> above to the location of the channel. derived by the operation of such Non-
<br /> ii. Specifications for building conforming Use, by reason of the
<br /> construction and materials, flood- limitation on establishment of corn-
<br /> proofing, filling, dredging, grading, peting businesses as a result of this
<br /> channel improvement, storage of Ordinance, shall be consideredas a
<br /> materials, water supply and sanitary reduction of losses resulting from the
<br /> facilities. requirements of termination of the use
<br /> b. Transmit one copy of the in- under this Ordinance.
<br /> formation described in Section 320-28, 8. The Zoning Administrator shall
<br /> Subd.D(3)to the City Engineer where prepare a list of those Nonconforming
<br /> necessary in evaluating the proposed Uses which have been floodproofed or
<br /> project in relation to flood heights and otherwise adequately protected in
<br /> velocities, the seriousness of flood conformity with Section 320-28,Subd.D
<br /> damage to the use,the adequacy of the (6).He shall present such list to the City
<br /> plans for protection,and other technical which may issue a certificate to the
<br /> matters. owner stating that such uses,as a result
<br /> c. Based un the technical of these corrective measures; are in
<br /> evaluation of the City Engineer,the City conformity with the provisions of this
<br /> shall determine the specific flood hazard Ordinance.
<br /> at the site and evaluate the suitability of 320-30. PENALTIES FOR
<br /> the proposed use in relation to the flood VIOLATION.Violation of the provisions
<br /> hafard. of this Ordinance or failure to comply
<br /> (4) Factors Upon Which the Decision with any of its requirements(including
<br /> of the City Shall Be Based. In con- violations of conditions and safeguards
<br /> sidering Special Use applications, the established in connection with grants of
<br /> City shall consider all relevant factors Variances or Conditional Uses) shall
<br /> specified
<br /> naified in other sections of this Or- constitute a misdemeanor punishable as
<br /> dinance,and: ' provided in Chapter 230 of the Hugo City
<br /> a.The danger to life and property Code.Each day such violation continues
<br /> due to increased flood heights or shall be considered a separate offense.
<br /> velocities caused by encroachments. Nothing herein contained shall
<br /> b.The danger that materials may be prevent the City from taking such other
<br /> swept onto other lands or downstream to lawful action as is necessary to prevent
<br /> the injury of others. or remedy any violation.
<br /> c. The proposed water supply and 320-31. AMENDMENTS. The flood
<br /> sanitation systems and the ability of plain designation on the Official Zoning
<br /> these systems to prevent disease, Map shall not be removed from flood
<br /> contamination, and unsanitary con- plain areas unless it can be shown that
<br /> ditions. the designation is in error or that the
<br /> d.The susceptibility of the proposed area has been filled to at or above the
<br /> facility and its contents to flood damage elevation of the regional flood and is
<br /> and the effect of such damage on the contiguous to lands outside the flood
<br /> individual owner. plain. Special exceptions to this rule
<br /> e. The importance of the services may be permitted by the Commissioner
<br /> provided by the proposed facility to the of Natural Resources if he determines
<br /> community. that,through other measures,lands are
<br /> f. The requirements of the facility adequately protected for the intended
<br /> for a waterfront location. use.
<br /> g. The availability of alternative All amendments to this Ordinance
<br /> locations not subject to flooding for the including such amendments to the Of-
<br /> proposed use. ficial Zoning Map which relate to flood
<br /> h.The compatibility of the proposed plain designation must be submitted to
<br /> use with existing development and and approved by the Commissioner of
<br /> development anticipated in the Natural Resources prior to adoption.
<br /> foreseeable future. Changes in the Official Zoning Map also
<br /> i.The relationship of the proposed require prior approval by the Federal,
<br /> use to the comprehensive plan and flood Insurance Administration.
<br /> plain management program for the 320.32.FEES.
<br /> area. a. The fee for the application for
<br /> j. The safety of access to the Special Use Permit shall be set by
<br /> property in times of flood for ordinary resolution of the City Council.
<br /> and emergency vehicles. b. The applicant shall also be
<br /> k. The expected heights, velocity, responsible for engineering expenses
<br /> duration, rate of rise, and sediment incurred by the City relative to his ap-
<br /> transport of the flood waters expected at plication,
<br /> the site. Upon adoption, approval, and
<br /> 1. Such other factors which are publication according to law,the Hugo
<br /> relevant to the purposes of this Or- City Code and the Zoning Map will be
<br /> dinance. amended to reflect the provisions of this
<br /> (5) Time for Acting on Application. Ordinance.
<br /> The City shall formally consider an Adopted this 30 day of October,1978.
<br /> application in the manner above Voting for:
<br /> described with 60 days from receiving Against:
<br /> the application,except that where ad- /s/Marvin LaValle
<br /> ditional information is required pm-- Mayor
<br /> suant to this Ordinance the City may Attest:
<br /> provide for an extension.The City shall /s/Carol A.Williams
<br /> render a decision with 45 days from the Clerk
<br /> formal consideration.
<br /> (6)Conditions Attached to Special Use (Published in the Forest Lake Times,
<br /> Permits. Upon consideration of the November 22&30,1978.)
<br /> factors listed above and the purposes of
<br /> this Ordinance,the City may attach such
<br /> conditions to the granting of Special Use
<br /> Permits as it deems necessary to fulfill
<br /> the purposes of this Ordinance. Such
<br /> conditions may include, but are not
<br /> limited to,the following:
<br /> a. Modification of waste disposal
<br /> and water supply facilities.
<br /> b. Limitations on period of use,
<br /> occupancy,and operation.
<br /> c. Imposition of operational con-
<br /> trols,sureties,and deed restrictions.
<br /> d.Requirements for construction of
<br /> channel modifications, dikes, levees,
<br /> and other protective measures.
<br /> e. Flood proofing measures, in
<br /> accordance with the State Building
<br /> Code.The applicant shall submit a plan
<br /> or document certified by a registered
<br /> professional engineer or architect that
<br /> the flood proofing measures are con-
<br /> sistent with the regulatory flood
<br /> protection elevation and associated flood
<br /> factors for the particular area.
<br /> 320-29.NONCONFORMING USES.
<br />
|