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HomeMy WebLinkAbout2009.10.05 ORD 2009-434ORDINANCE 2009-434 AN ORDINANCE AMENDING CHAPTER 90, ARTICLE I. IN GENERAL, SECTIONS 90-1 AND 90-3, ARTICLE II. 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 PROTECTION, 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. THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90, Article I. IN GENERAL, Sections 90-1 and 90-3, Article II. 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 PROTECTION, 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: Article I. In General. Section 90-1 Definitions Basement means any area for a structure, including a crawl space, having its floor or base (below ground level) on all four sides, regardless of depth of excavations below ground level. Farm Fence is defined as follows: (a) fences consisting of at least 32 -inch woven wire and two barbed wires firmly fastened to well -set posts not more than one rod apart, the first barbed wire being above and not more than four inches from the woven wire and the second barbed wire being above and not more than eight inches from the first wire; (b) fences consisting of at least 40 -inch woven wire and one barbed wire firmly fastened to well -set posts not more than one rod apart, the barbed wire being above and not more than four inches from the woven wire; (c) fences consisting of woven wire at least 48 inches in height, and one barbed wire not more than four inches above the woven wire firmly fastened to well -set posts not more than one rod apart; 1 (d) fences consisting of at least four barbed wires with at least 40 barbs to the rod, the wires firmly fastened to posts not more than one rod apart, the top wire not more than 48 inches high and the bottom wire 12 to 16 inches from the ground A farm fence is not considered to be a structure under this Ordinance. Fence means and includes a structure or partition erected for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions. The term "fence" includes an enclosure about a field or any other place, and especially an enclosing structure of wood, iron or other material intended to prevent intrusion from without or straying from within. Flood means a temporary rise in stream flow or a stage that results in inundation of the areas adjacent to a channel, lake or wetland. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than the basement area, is not considered a buildings lowest floor. Manufactured home means a manufactured structure of at least 320 square feet, intended for human habitation, that is not affixed to or part of real estate, that is transportable in one or more sections, and that is constructed and installed in accordance with the state's prefabricated structures and manufactured building code. The term "manufactured home" does not include the term "motor home". Manufactured structure means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. Regional flood means a flood that is representative of large floods known to have occurred generally in the state, and reasonably characteristic of what can be 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 studyfor Washington County, Minnesota and Incorporated Areas dated February 3, 2010. Regulatory flood protection elevation means an elevation established to control land use for the purpose of limiting property damage and loss of life due to flood. The Regulatory Flood Protection Elevation is 2 feet above the regional flood elevation established in the flood insurance study prepared for Washington County, Minnesota and Incorporated Areas dated February 3, 2010 or identified in the City's Stormwater Management Plan in locations where the regional flood elevation has not been established in the aforementioned Flood Insurance Study, plus any increase in elevation caused by encroachment on the floodplain. Substantial improvement means within any consecutive 365 day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvements. Exceptions to this provision are as follows: 2 a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b) Any alteration of an historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure. Section 90-3 Purpose It is the intent of this chapter to establish regulations for the use, development and redevelopment 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 addition 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 It. Administration and Enforcement Section 90-37 Conditional Use Permits (a) Application procedure. Applications for conditional use permits shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include: (1) The applicant's name, address, and telephone number. (2) The legal description and address of the property to which the permit shall apply. (3) Proof of ownership of the property to which the permit shall apply. Only the property owner may apply for a permit, and all owners of record must sign the application and agree to the permit. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site, if required by the building official, to determine compliance with ordinance and law. (5) A statement as to the zoning classification of the property. (6) Such detailed information as is required to ensure compliance with ordinance and law for the issuance of the permit, and the activities to be undertaken resulting from the 3 permit. This may include, but is not limited to, topographic survey of the property and a wetlands delineation of the property. (7) A general description of the site, including topography, soils, vegetation, and adjacent public waters. (8) Where part or all of the property subject to the proposed conditional use permit lies within a Zone A or a Zone AE where a floodway has not been provided on the Flood Insurance Rate Map panels adopted in Section 90-138 within the floodplain district, a survey of the site prepared by a registered land surveyor, in a scale not less than one inch equals 100 feet, shall be provided. Such survey shall include: a. A 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 and facilities on the site. b. A profile of any stream, channel or ditch for at least 500 feet in either direction of the proposed development showing the slope and flow line of the conveyance system, and its relationship to the proposed development. c. A typical valley cross section of the channel of the stream or basin, elevation of the land areas adjoining each side of the channel or basin, cross sections of areas to be occupied by the proposed development, and high-water information. d. Specifications for building construction and materials, flood -proofing, filling, dredging, grading, channel improvements, storage of materials, water supply, and sanitary facilities. e. The applicant shall be responsible to submit one copy of the above information to the City Engineer for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations, Part 6120.5000-6120.6200 and 44 Code Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert shall: (i) Estimate the peak discharge of the regional flood. (ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (iii) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A stage increase of less than .5' shall be required if, as a result of the additional stage increase, increased flood damage would result. An equal degree of encroachment on 0 both sides of the stream within the reach shall be assumed in computing floodway boundaries. f. If the project that requires a Conditional Use Permit is deemed in the Floodplain District the following additional information shall be provided: (i) The applicant shall furnish any of the following information and additional information as deemed necessary by the City for determining the suitability of the particular site for the proposed use: A. Plans 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 relationship of the above to the location of the stream channel; and B. Specifications for building construction and materials, flood proofing, tilling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (ii) The applicant shall transmit one copy of the information described in subsection (i) 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 matters (iii) Based upon the technical evaluation of the designated engineer or expert, the City_shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (9) Application fees and escrow, as established by the city council. (b) Hearing before planning commission. Upon receipt of a completed application for a conditional use permit, the community development director or designee shall schedule the application for a hearing before the planning commission. (1) If the conditional use permit application relates to any floodplain or shoreland area, notice of the application shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date. (2) If the conditional use permit application relates to any development fronting a county highway, the county engineer shall be given notice of the application ten days prior to the hearing date. (3) Notice of the conditional use permit application shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the application applies, at least ten days prior to the hearing date. (4) If the application relates to the Floodplain District, the city engineer shall determine as necessary, the 100 -year flood elevation, floodway, and flood fringe boundaries and also make a determination and report to the planning commission the impact the proposed use will have on the floodplain, including any expected increase to the regional flood elevation and peak discharge of the regional flood. Such determination shall be based upon a hydraulic analysis of the stream channel and overbank areas, in accordance with Minnesota Rules 6120.5000--6120.6200, and assume an equal degree of encroachment on both sides of the stream within the reach. In making a determination, the city engineer shall use existing floodway and flood fringe boundaries shown as Zone AE on the city's official floodplain map. The property owner may request a map revision in accordance with section 90-138. (c) Findings required for approval. In order to recommend approval of a conditional use permit, the commission must find all of the following: (1) The proposed use is permissible by law. (2) The proposed use is in keeping with the spirit and intent of this chapter. (3) The proposed use is compatible with the city's comprehensive plan, and the character of the surrounding area. (4) The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment facilities. (5) The proposed use has adequate road access, and does not reduce the safety or capacity of the public road system. Road access shall be no lower than the regional flood elevation. (6) The technical evaluation of the floodplain, if required, accurately represents the conditions and boundaries of the floodplain area, as well as correctly represents the proposed use's impact on the floodplain. (7) The proposed use may not create a danger that materials may be swept onto other lands, or downstream to the injury of others, or block bridges, culverts, or other hydraulic structures. (8) The proposed use will not damage or reduce the benefits the public receives from public waters. (9) If located in the shoreland overlay district, the waterbody will be able to safely accommodate the number, type, and uses of the watercraft the project will generate. P (10) If located in the shoreland overlay district, all structures and facilities are screened from view from public waters. (11) If the permit is to approve a wetlands replacement plan, the plan is in conformance with the rules of the state board of soil and water resources for such plans. (12) The applicant or operator shall obtain all necessary federal, state and local permits for the conditional use. (13) The proposed use is adequately buffered and screened from noncompatible land uses and public rights-of-way. (d) Basis for denial. In order to recommend denial of a conditional use permit, the planning commission must find that the proposed use will not meet one or more of the conditions found in subsection (c) of this section. (e) Conditions imposed. The planning commission may recommend and the city council may place restrictions, conditions and requirements on a conditional use permit to protect the health, safety, and welfare of the community, mitigate unfavorable consequences of activities resulting from issuing the permit, enforce laws and regulations, and ensure compliance with the conditions of the permit. These conditions may include, but are not limited to: (1) Modification of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Requirements for the construction of channel modifications, compensatory floodwater or stormwater storage, dikes, levees, and other protective measures. (4) Floodproofing measures in accordance with the state building code and this chapter. (5) Buffering and screening measures. (0 Issuance of permit. The community development director or designee shall, within ten days of city council approval of any conditional use permit, provide one copy of the completed permit to the applicant, the city clerk, and for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources. Section 90-38 Variances (a) Application procedure. Applications for variances to this chapter shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include: (1) The applicant's name, address, and telephone number. VA (2) The legal description and address of the property to which the variance shall apply. (3) Proof of ownership of the property to which the variance shall apply. Only the property owner may apply for a variance, and all owners of record must sign the application and agree to the variance. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site. (5) A detailed description of the variance requested, including reference to those provisions of the chapter to which the variance applies. (6) A detailed statement as to the unique conditions of the property that make the variance desired, as well as what loss of use the property owner will incur if the variance is not granted. (7) A site plan showing the relationship of the variance requested to adjacent property, site development standards, and other information having a bearing on the variance. (8) A legal description of the property. (9) A sewer and water service plan. (10) Application fees, as established by the city council. (b) Hearing before board of appeals and adjustments. Upon receipt of a completed application for a variance, the community development director or designee shall schedule the application for a hearing before the board of appeals and adjustments. (1) If the variance relates to any floodplain or shoreland standard, notice of the variance request shall be provided to the commissioner of the department of natural resources at least ten days prior to the hearing date. (2) If the variance relates to any development fronting a county highway, the county engineer shall be given notice of the variance application ten days prior to the hearing. (3) If the variance applies to the setback requirements from a substantial pipeline as required in section 90-180, notice of the variance request shall be made to the commissioner of the state department of public safety at least 30 days prior to final council action on the request. (4) Notice of the variance request shall be provided to the property owner of record for properties located within 300 feet of the lot or parcel to which the variance will apply at least ten days prior to the board of appeals and adjustment's meeting where the request will be considered. (5) Where the variance applies to any property within the Floodplain district, the applicant shall be provided a notice stating that: a. The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of insurance coverage. b. Construction below the 100 -year or regional flood level increases risk to life and property. (c) Findings required for approval. In order to recommend approval of a request for a variance to this chapter the board must find that: (1) The variance as requested is permissible by law. (2) The strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the individual property not caused by the landowner. (3) The granting of the variance would be in keeping with the spirit and intent of this chapter. (4) The property cannot be put to reasonable use without the granting of the variance. (5) The variance, if granted, would not alter the essential character of the locality in which it would be located. (6) The variance, if granted, shall not have the effect of allowing, in any district, any use prohibited in the district. (7) The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (8) The sewage treatment system and water system of the subject property is in compliance with city and state codes. (d) Basis for denial. A recommendation to deny a request for a variance must be made upon finding that the request does not meet one or more of the following: (1) Because of the particular physical surrounding, shape, or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. OJ (2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property with the same zoning classification. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land. (4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land. (5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located. (6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. (7) Adherence to the regulations of this chapter would create an undue hardship because of inadequate access to direct sunlight for solar energy systems. (e) Temporary variance. The temporary use of a one -family dwelling as a two-family dwelling may be permitted as a variance. (0 Earth -sheltered construction. Variances shall be granted to earth -sheltered construction as defined in Minn. Stats. § 216C.06, subd. 2, when in harmony with this chapter. (g) Septic system standards. Prior to issuance of any variance to a lot or parcel containing a septic system not in compliance with chapter 38, article II, the septic system shall be upgraded to meet established standards. This requirement shall not apply to a sewage treatment system if its only deficiency is improper setback from the ordinary high-water level. (h) Conditions to ensure compliance. Conditions may be imposed on the granting of variances to ensure compliance and protect adjacent property. (i) Records to be maintained. The community development director or designee shall maintain a record of variance actions, whether a variance is granted or denied, and including justification for any variances issued. The community development director or designee shall, within ten days of city council approval of any variance, provide one copy of the completed permit to the applicant, the city clerk and, for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources. Section 90-40 Zoning Amendments 10 (a) Application; contents. Applications for a zoning amendment shall be made to the community development director or designee on forms provided by the city. To be considered complete, the application shall include: (1) The applicant's name, address, and telephone number. (2) The legal description and address of the property to which the zoning amendment shall apply. (3) Proof of ownership of the property to which the amendment shall apply. Only the property owner may apply for a zoning amendment, and all owners of record must sign the application and agree to the amendment. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site. (5) A statement as to the zoning classification requested for the property. (6) A detailed explanation of why the rezoning is requested. (7) A topographic survey of the property and adjacent property within 300 feet, prepared by a registered land surveyor, at a scale not less than one inch equals 100 feet with two - foot contour intervals. The plan shall show the location of public streets and public utilities in relation to the property. (8) A wetlands delineation of the property. (9) A report prepared by a registered traffic engineer as to the number and distribution of daily traffic trips to be generated by the proposed use of the land, if required by the community development director or designee. (10) An environmental assessment worksheet or environmental impact study if required under section 90-167. (11) A legal description of the property. (12) The names and addresses of all property owners within 300 feet of the subject property. (13) Application fees, as required. (b) Hearing before planning commission. Upon receipt of a completed application for a zoning amendment, the community development director or designee shall schedule the application for a hearing before the planning commission. If the amendment relates to any property lying totally or partially in the floodplain or shoreland overlay districts, notice of the amendment request shall be provided to the commissioner of the department of natural resources at least ten days prior to 11 the hearing date. If the amendment relates to any development fronting a county highway, the county administrator shall be given notice of the application 30 days prior to the hearing. (c) Findings required for approval. In order to recommend approval of a zoning amendment, the planning commission must find all of the following: (1) The requested amendment is in compliance with the city's comprehensive plan. (2) The proposed zoning classification is appropriate for the property given the topographic, environmental and cultural limitations of the site. (3) Existing public infrastructure is adequate to handle the development that can reasonably be foreseen on the site. (4) The proposed zoning classification will not have unreasonable negative impacts on adjacent properties. (5) 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 regulatory flood protection elevation and is contiguous to lands outside the flood plain. (d) Basis for denial. In order to recommend denying a zoning amendment, the planning commission must find one or more of the following: (1) The requested zoning amendment is not in compliance with the city's comprehensive plan. (2) There are topographic, environmental, or cultural limitations on the site that make it unsuitable for development permitted in the requested zoning classification. (3) Existing public infrastructure is inadequate to handle the development that can reasonably be foreseen on the site if the requested zoning classification is approved. (4) The amendment will have unreasonable negative impacts on adjacent property. (e) No special conditions to be placed. Special conditions shall not be placed on the granting of a zoning amendment. (f) Additional approvals for floodplain district. Amendments to the floodplain district, including amendments to the floodplain district map, must be submitted to, and approved by, the commissioner of natural resources prior to adoption. Changes to the floodplain district map must also meet the conditions and criteria of the Federal Emergency Management Agency and receive such agency's approval prior to adoption. 12 (g) Requirements for long-term agricultural district (LA). Any property rezoned to be included in the long-term agricultural district of the city must meet the requirements to be enrolled in the metropolitan agricultural preserve program. Section 90-41 Permits (a) Applications for permits required by this chapter shall be made to the city on forms provided by the city. In order to be considered complete the application must include: (1) The applicant's name, address, and telephone number. (2) The legal description and address of the property to which the permit shall apply. (3) Proof of ownership of the property to which the permit shall apply. Only the property owner may apply for a permit, and all owners of record must sign the application and agree to the permit. (4) Copies of any previous variances, site plan approvals, conditional use permits, or other permits issued to the site if required by the building official to determine compliance with ordinance and law. (5) A statement as to the zoning classification o the property. (6) A sewer and water service plan. (7) Such detailed information as is required to ensure compliance with ordinance and law for the issuance of the permit and the activities to be undertaken resulting from the permit. This may include, but is not limited to, topographic survey of the property and a wetlands delineation of the property. (8) Application fees and escrow as established by the city council. (b) Permit applications shall be reviewed for compliance with pertinent regulations, and if found in compliance, a permit will be issued. No permit shall be issued where any potable water system and/or sewage treatment system on the property is not in conformance with city and state codes. The community development director or designee or building official may require a certification from a qualified individual (licensed well driller, licensed septic system installer, or licensed plumber) that the water supply system and sewage treatment system are conforming to city and state codes. (c) The city council may establish a fee to be charged for the processing of any permit request, and may also establish a requirement for a security deposit or escrow to ensure work is performed in compliance with the permit issued. 13 (d) Where an applicant believes that a permit has been incorrectly denied, or that conditions placed on a permit are arbitrary or capricious, the applicant may appeal the building official's action to the board of appeals and adjustments. (e) A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to actions on the following if located in the floodplain: (1) Erection, addition, modification, or rehabilitation of any building, structure, or portion thereof, that would require a building permit. Normal maintenance and repair shall be included in the valuation of the project to determine if a substantial improvement has occurred. (2) Prior to the use or change of use of a building, structure, or land. (3) prior to the construction of a dam, fence (other than a farm fence as defined in Section 90-1 of this Ordinance), or on-site septic system. (4) Prior to the change or extension of a nonconforming use. (5) Prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6) Prior to the placement of fill, excavation of materials, or the storage of materials or equipment. Normal agricultural tilling and plowing is exempt from this provision. Section 90-45 Enforcement 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. If the responsible party does not appropriately respond to the Zoning Administrator within a specified period of time, each additional day that lapses shall constitute and additional violation of this ordinance and shall be prosecuted accordingly. Section 90-46 Nonconforming buildings, structures, uses, and lots. (a) Purpose. This section provides for the regulation of nonconforming buildings, structures, uses, and lots, and specifies those requirements, circumstances, and conditions under which nonconforming buildings, structures, uses, and lots will be operated, maintained, and regulated. Nonconforming buildings, structures, uses, and lots shall not be allowed to continue without restriction. Furthermore, it is the intent of this section that all nonconformities shall be eventually brought into conformity. (b) Generally. 14 (1) Conditional uses. Any established use, building or lot legally existing prior to November 22, 1978, and which is classified by this chapter as requiring a conditional use permit may be continued in like fashion and activity and shall automatically be considered as having received conditional use permit approval. Any change to such a use or building shall, however, require a new conditional use permit to be processed according to this chapter. (2) Nonconforming uses. a. Buildings or land existing prior to effective date of article provisions. The lawful use of buildings or land existing at the effective date of the ordinance from which this chapter is derived which does not conform to the provisions of this chapter may be continued; provided, however, that no such nonconforming use of building or land shall be enlarged or increased, nor shall any such nonconforming use be expanded to occupy a greater area of building or land than that occupied by such use at the time of the adoption of the ordinance from which this chapter is derived, except as otherwise provided), nor shall any such nonconforming use be moved to any other part of the parcel of land upon which the same was conducted at the time of the adoption of this chapter. b. Continued use. A lawful, nonconforming use shall not be enlarged, but may be continued at the same size and in the same manner of operation as it existed on the date it became legally nonconforming except as hereinafter specified. c. Changes to nonconforming uses. 1. When a lawful nonconforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any nonconforming use. 2. A lawful nonconforming use of a structure or parcel of land may be changed to lessen the nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not thereafter be so altered to increase the nonconformity. d. Expansions of nonconforming uses. A legal nonconforming commercial/industrial use may be expanded with a conditional use permit and with specific finding by the city council that the proposed expansion will reduce the impacts of the legal nonconforming commercial/industrial use on the surrounding properties in terms of activity, noise, traffic, light, appearance, outside storage of vehicles, equipment, or materials, or other issues pertinent to the specific property and use involved. e. Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the regulations of the district in which it is located. f. Normal maintenance. Maintenance of a building or other structure containing or used by a nonconforming use will be permitted when it includes necessary nonstructural repair 15 and incidental alterations which do not extend or intensify the nonconforming building or use. Normal maintenance shall not include substantial improvements. (3) Nonconforming buildings and structures. a. Restoration. No lawful nonconforming building or structure which has been damaged by fire, explosion, act of God, or other peril, to the extent of greater than 50 percent of its market value, as determined by the city building official, and for which no building permit has been applied for within 180 days of when the property was damaged, shall be restored, except in conformity with the regulations of this chapter. b. Alterations. Alteration and normal maintenance to a lawful nonconforming building or structure may be made provided: 1. The alterations do not expand the building size. 2. The alterations do not change the building occupancy capacity or parking demand. 3. The alteration does not increase the nonconformity of the building or the use. c. Expansion of nonconforming buildings or structures. 1. Administrative approvals. The following expansions of lawful nonconforming building and structures may be approved: (i) The community development director shall make a determination that the building expansion will have not external negative impacts upon adjacent properties or public rights-of-way. (ii) Expansion of buildings found to be nonconforming only by reason of height, yard setback, or lot coverage area may be permitted provided the structural nonconformity is not increased and the expansion complies with the performance standards of this chapter. 2. Conditional use permit. Lawful nonconforming commercial, industrial, public, semipublic, and multiple -family or townhome structures may be expanded on the same lot by conditional use permit provided: (i) Expansion of buildings found to be nonconforming only by reason of height, yard and setback or lot areas are exempt from requiring a conditional use permit. (ii) Except for the above, the expansion will not increase the nonconformity of the building or site. lel (iii) The new building expansion will conform with all the applicable performance standards of this chapter. A conditional use permit shall not be issued under this subsection for a deviation from other requirements of this chapter unless variances are also approved. (iv) The request for conditional use permit shall be evaluated based on standards and criteria set forth in this chapter. (4) Nonconforming lots. a. Vacant or redeveloped lots. 1. Lot combination. If an owner has an interest in more than one lot of record contiguous to other lots of record, all such lots shall be combined to meet the requirements of this section or the applicable zoning district standards. If sufficient contiguous property is held in one ownership to comply with the standard of the applicable zoning district, then those more restrictive provisions will apply. In no circumstances will there be approval of any proposal for multiple lot developments based upon lots of record, and not conforming with the provisions of the existing zoning district. 2. Single-family detached dwellings. Legal nonconforming, vacant, substandard - sized lots of record may be developed for single-family detached dwellings upon approval by the community development director or designee, provided that: (i) The lot in question was legally established in accordance with chapter requirements existing at the time of its creation and is a separate, distinct tax parcel. (ii) The lot is properly zoned for single-family land uses. (iii) Minimum lot size. A. Sewered lots. A lot of record having direct access to municipal sewer and water may be developed in accordance with this chapter provided measurements for lot area and width are within 75 percent of the requirements of the base zoning district. B. Unsewered lots. A lot of record not having access to municipal sewer and water may be developed provided it complies with county regulations. (iv) The lot in question has frontage on a public street. (v) Public health concerns (potable water and sanitary sewer) can be adequately provided. 17 (vi) The setback and yard requirements of the applicable zoning district can be achieved while simultaneously resulting in development that complies with the character and quality of the immediate area and the objectives of the city's comprehensive plan and this chapter. (vii) The flood protection standards of this chapter are satisfied. b. Developed lots. An existing conforming use on a lot of substandard size and width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter. (5) In the Floodplain District: a. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (b) below. b. If a substantial improvement occurs, as defined in Section 90-1 of this Chapter, then the building addition and the existing nonconforming building must meet the requirements of Section 90-138 (4) and (5) of this Chapter, for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively. Article III. Zoning Map Section 90-67 Zoning Map Interpretation Where uncertainty exists as to the boundaries shown on the official maps, the following rules shall apply: (1) Boundaries indicated as approximately following streets, highways or alleyways shall be construed as following the centerlines of such features. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lines. (3) Boundaries indicated as approximately following city limits shall be construed as following such limits. (4) Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shore line; boundaries indicated as approximately following the centerline of 18 streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. (5) Boundaries indicated as parallel to, or an extension of features indicated above, shall be so construed. (6) Where a physical or cultural feature is used to define a boundary, and the location of the feature on the ground is at variance with its location as shown on the zoning map, the board of appeals and adjustments shall recommend, for city council approval, the regulatory location of the boundary. (7) 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 Community 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. A property owner who feels aggrieved by the city engineer's decision may appeal such decision to the board of appeals and adjustments Article 1V. Zoning District Regulations — Division 2 Overlay Districts Section 90-138 Floodplain District The Floodplain District of the City of Hugo shall apply to all lands in the City shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of Zone AE or Zone A. 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 Ordinance. The attached material shall include the Flood Insurance Study for Washington County, Minnesota and Incorporated Areas prepared by the Federal Emergency Management Agency and dated February 3, 2010 and Flood Insurance Rate Map Panels numbered; 2705040109E, 2705040117E, 2705040119E, 2705040128E, 2705040129E, 2705040133E, 2705040134E, 2705040136E, 2705040138E, 2705040140E, 2705040143E, 2705040144E, 2705040145E, 2705040207E, 2705040230E, and 2705040235E. The Official Zoning Map shall be on file in the Office of the City Clerk. (1) Permitted uses. Any use of the land that does not involve a structure, a habitation, an addition to the outside dimensions of an existing structure, or an obstruction to flood flows such as fill, excavation, or the storage of materials and supplies, so long as such use is permitted in the underlying zoning district. The use must not increase any stage of the 100 -year regional flood or cause an increase in flood damages in the reach or reaches affected. (2) Accessory uses. Any use of the land that does not involve a structure, a habitation, an addition to the outside dimensions of an existing structure, or an obstruction to flood flows such 19 as fill, excavation, or the storage of materials and supplies, so long as such use is a permitted accessory use in the underlying zoning district. The use must not increase any stage of the 100 - year regional flood or cause an increase in flood damages in the reach or reaches affected. (3) Conditional uses. Any permitted, accessory, or conditional use allowed in the underlying zoning district may be allowed as a conditional use in the general floodplain district subject to the conditions established in subsection (4) of this section. (4) Standards for floodplain district conditional uses. a. No structure, facility, or land use shall be allowed in the floodway that will increase the stage of the 100 -year regional flood or cause an increase in flood damages in the reach or reaches affected, except for railroads, essential government facilities, accessory structures for public and private recreational facilities, essential utilities, marinas, docks, and other water -oriented accessory structures. b. No use shall result in obstruction to, or be incompatible with, preservation of those natural land forms, vegetation, and wetland areas contiguous to watercourses in the city where such use will detract from consistent rates of water flow. c. No use shall be permitted that results in development of land or water areas necessary to temporarily store excessive amounts of surface water during periods of floodwater or high water, or of groundwater recharge areas, where such development may decrease the capacity of such areas to temporarily store surface waters or to provide groundwater infiltration. d. The use must meet the construction standards found in subsection (5) of this section. e. Storage of material and equipment may be allowed below the regulatory flood protection elevation if readily removable from the area within the time available after a flood warning, and in accordance with a plan approved by the city council. f. Commercial, recreational, and accessory uses may be allowed only where an adequate flood warning system exists to allow evacuation of areas to be flooded prior to their inundation. g. Industrial uses may be permitted in the floodplain district only when adequate procedures are in place to limit flood interference with normal plant operations. h. Temporary, on-site storage of fill or other material may be allowed that would increase the stage of the 100 -year or regional flood if a specific and detailed removal plan for the material is accepted by the city council. The applicant shall be required to post financial security in an amount not less than 125 percent of the cost of removing the material, and provide proof of liability insurance as necessary to indemnify the city for any potential damage to public or private property caused from possible increased flooding. FIX i. To be considered complete, all applications for a conditional use permit to construct a permanent structure in the floodplain overlay district shall include an elevation certificate, (FEMA Form 81-31) completed and certified by a registered land surveyor. j. Structural works for flood control such as levees, dikes and floodwalls constructed to any height may be allowed where the intent is to protect individual structures and levees or dikes may be allowed where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event, provided the provisions of Section 90-138 (5) (n) and (o) are satisfied. k. Motor homes that are currently in the floodplain that do not meet the exemption criteria specified in Section (K) (1) immediately below shall be subject to the provisions of Subd. 5 of this Article for new structures): (1) Exemption - Motor homes located within the City of Hugo are exempt from the provisions of this Ordinance if they meet the following criteria: (i) Have current licenses required for highway use. (ii) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the motor homes has no permanent structural type additions attached to it. (iii) The motor homes and associated use must be permissible in any pre-existing, underlying zoning use district. (iv) The motor home shall have no structural additions including decks (5) Floodplain use and construction standards. a. All permanent structures, including accessory structures and additions to existing structures, shall be constructed on fill so that the basement floor, or first floor if there is no basement, is above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation 15 feet beyond the limits of the structure constructed thereon. As an alternative, alterations and additions to nonconforming structures may be flood proofed in accordance with Section 90-46 of this Chapter. b. As an alternative to construction on fill, low cost accessory structures (under $10,000.00) may be internally floodproofed in accordance with the following standards: (1) Accessory structures shall not be designed for human habitation. 21 (2) Accessory structures in the floodway, if permitted, shall be constructed - and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (i) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (ii) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures not elevated on fill to the Regulatory Flood Protection Elevation may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: (i) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (ii) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (iii) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. c. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if. 1) the enclosed area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above -noted alternative elevation methods are subject to the following additional standards: 22 (1) Design and Certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific Standards for Above -grade, Enclosed Areas - Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (i) A minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and (ii) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. d. Structures shall be constructed to prevent flotation which may result in damage to other structures and/or restrictions of bridge openings or other narrow sections of watercourses. e. Public services such as gas, electrical, sewer and water supply systems shall be floodproofed in accordance with the State building code, unless situated above the regulatory flood protection elevation. f. Parking lots may be constructed at elevations lower than the regulatory flood protection elevation, provided that for the parking lots to be used by employees or the general public, a flood warning system must be in place and operational. The flood warning system must provide adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times the velocity (in feet per second) the product number exceeds 4 upon occurrence of the regional flood. g. Railroad tracks, roads, and bridges shall be elevated to, or above, the regulatory flood protection elevation where failure or interruption of the facility would 23 result in danger to the public health or safety, or where such facilities are essential to the orderly functioning of the area. h. Uses and principle structures that do not have a vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance in accordance with section 90-38. 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. 1. 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 Minnesota Statutes Chapter 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. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain 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 24 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. b. Where floodproofing measures have been taken, the owner or user shall provide a certification from a registered professional engineer or registered architect that the floodproofing measures taken are in compliance with subsection (5) of this section. c. Certification from a registered professional engineer, registered architect, or registered land surveyor of the as -built elevation of the finished fill and floor elevations for all structures located in the floodplain district. (9) Records to be maintained. The community development director shall maintain a record of the floor elevations and flood proofing measures of all buildings or structures hereafter constructed, altered, or enlarged in the floodplain district. (10) Permit required for obstruction. It is unlawful for any person to construct, erect, or maintain an obstruction in the floodplain district without a permit from the city council. (11) Limitation to interpretation of regulations. The city shall not be more restrictive in the interpretation of its floodplain regulations than required by the state department of natural resources. (12) Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Community Development Director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. 25 (13) Notifications for Mapped Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a mapped watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (14) Annexations: The Flood Insurance Rate Map panels adopted by reference in this Article may include floodplain areas that lie outside of the corporate boundaries of the City of Hugo at the time of adoption of this Ordinance. If any of these floodplain land areas are annexed into the City of Hugo after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation. 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 (a) It is unlawful for any person to lease or let space for the location of a tent, camping trailer or motor home in the city, except in a campground established in accordance with this chapter. (b) The minimum parcel size for a campground is 20 acres. (c) The main entrance to a campground must be located on a state highway, county road, or city collector street. (d) All campgrounds must be licensed by the state department of health. (e) A 50 -foot buffer and setback area shall be maintained between the campsites and adjacent property lines. (f) No recreational vehicle or travel trailer is allowed to be stored permanently on the property. (g) The sale, storage, use, or occupancy of any manufactured home, except permanent buildings constructed in accordance with this chapter, is prohibited. 26 i (h) Unit density for tents or travel trailers shall not exceed ten units per acre, and must meet the following standards: (1) Each camping and trailer -marking space shall be clearly delineated and numbered. (2) Each space shall maintain 20 feet between each camping trailer, motor home, and tent. (3) Each space shall have a minimum of 200 square feet of parking space, with at least 16 feet of driveway frontage. No space may have direct access to a public road. (4) Each lot, or pair of lots, shall contain a watertight, rodent- and insect -resistant refuse container. (5) Each lot shall be no further than 400 feet from the nearest readily available drinking water supply. (i) All internal streets shall be paved with bituminous, concrete, pavers, or other approved dustless and erosion -resistant material. 0) All utilities shall be buried, and there shall be no overhead wires or support poles, except those essential for street or other lighting purpose. (k) Centralized refuse containers and all maintenance facilities shall be fenced and screened. (1) All land and facilities shall be adequately drained and properly maintained free of dust, refuse, garbage, rubbish, and debris. (m) Each campground shall have at least one building with central heating that is adequately lighted during all hours of darkness. The building shall contain laundry washers, dryers, showers, and public toilets. The building shall be serviced by municipal sanitary sewer or an approved septic system. Each campground shall have a room or building for use of its caretaker distinctly marked "office." (n) An adult caretaker shall be on duty at all times there is a guest occupying a space in the campground. The caretaker shall have immediate access to a public phone, and maintain a register of all persons using the facility. This register shall record the name, address, motor vehicle license number, and number of guests, as well as the date and time of their arrival and departure. (o) New commercial motor home parks or campgrounds and new residential type subdivisions and condominium associations that will include motor homes and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (1) Any new or replacement motor home will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill 27 above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 90-138 (5) of this chapter . No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100 - year or regional flood. (2) Any new or replacement motor home not meeting the criteria of (1) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 90-37 of this chapter. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Section 90-138, (4) (K) (1) (i) and (ii) of this chapter will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Washington County's sewer and water regulations. (3) All new or replacement motor homes in the Floodway or Flood Fringe Districts shall not have any structural additions or decks whether or not its attached or detached from the motor home. Section 90-227 Fences (a) It is unlawful for any person to construct or maintain a fence, except in conformance with this chapter. (b) Fences are allowed as an accessory use in all zoning districts of the city. No fence shall be constructed in the urban development area or on a parcel of land ten acres or less in size in the rural residential zoning district without a permit issued by the city building official. (c) All fences shall be located entirely upon the property of the person owning the fence, except line fences used for agricultural purposes. (d) All fence owners shall maintain the fence in a state of good repair and appearance, and not allow the fence to become a safety hazard or nuisance. The city building official may order the removal or repair of any fence that is unsafe, seriously dilapidated, blocking drainage, or in any way poses a threat to public health, safety, and welfare. (e) No fences shall be placed in a public road right-of-way, except temporary barriers authorized by public safety personnel, the city engineer, or the city maintenance supervisor. (f) No fence shall be placed in a public drainage, ponding, or utility easement without a conditional use permit, except temporary barriers authorized by public safety personnel, the city engineer, or the city maintenance supervisor. 28 A (g) That side of the fence considered to be the face or facing as applied to fence posts, shall front abutting property (good side out). This shall not prohibit construction of wire or cable fences used to control livestock in conformance with common agricultural practices. (h) No person shall construct or maintain any fence that is connected to, or charged by, an electrical system, except low -amperage systems used for livestock control in agricultural, long- term agricultural, and rural residential zoning districts. (i) The following fencing materials are allowed in all zoning districts: (1) Chain link. (2) Decorative masonry or block. (3) Wrought iron. (4) Brick. (5) Natural stone, dressed, or undressed. (6) Wood of proven exterior durability such as cedar, redwood, or treated wood. (7) Plastic fencing manufactured to look like wood fencing. 0) Barbed wire and cable fences are allowed only in the agricultural, long-term agricultural, and rural residential zoning districts, except up to four strands of barbed wire may be used to top fencing at least six feet high in the industrial and restricted industrial zoning districts. Razor or ribbon wire is prohibited in all zoning districts. (k) No opaque fence or other visual obstruction over two feet tall shall be placed or allowed to develop within 20 feet of the intersection of any public street where both streets have a speed limit of 35 miles per hour or less. In this case, the intersection shall be considered the edge of the curb or travel portion of the roadway. Where one or more of the streets has a speed limit in excess of 35 miles per hour, such setback requirement shall be 30 feet or as may be necessary for traffic and pedestrian safety. (1) No fence over three feet high shall be constructed within ten feet of the ordinary high-water level of any lake or waterbody listed in section 90-137. No fence shall extend beyond the ordinary high-water level of any lake or waterbody listed in section 90-137. (m) All fences constructed in the floodplain overlay district shall be of an open type, and must not obstruct the free-flow of floodwaters, either by its construction, or through the collection of debris during periods of flooding. 29 A, (n) 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 such as cyclone fences and fences made of rigid walls such as wood or concrete privacy fences. (o) All fences constructed or maintained in the city shall comply with the setback and height requirements found below: TABLE INSET: Fence Setback and Maximum Height Standards (in feet) (p) Fences up to six feet high may be constructed on a side property line in the urban residential, multifamily, and central residential zoning districts. Fences up to eight feet high may be constructed along side and rear yards in these zoning districts with a setback of six feet from all property lines. (q) Front yard fences may be of opaque construction up to a height of four feet, excepting corner setback areas, and so long as they do not pose a threat to public safety. In the agricultural, long-term agricultural, and rural residential zoning districts, that portion of a fence over four feet high must be of open construction. (r) Temporary fencing of construction sites, disaster scenes, and other sites posing a threat to public safety is allowed subject to permission of the property owner. Such temporary fencing shall be allowed only for the period of time required to ensure the public safety. Manufactured safety fence, snow fences, plywood and natural wood fences, portable concrete barriers, and similar products and techniques are allowed for this use, as well as those materials specified for use in permanent fencing. Section 90-242 Manufactured Home Park 30 AG LA RR UR MF CR RS C6 G6 1-1 1-2 1-3 RC CR -3 Fus R-1 R-4 R-2 R-5 R-3 Front Yard Setback None None None None 15 None 15 10 30 40 30 30 40 None None None None None None None None None None None None Side Yard Setback 10 None None None None None None None None None None None Yard Setback 10 10 Front Yard Height 6 6 6 4 4 4 4 4 4 4 4 4 4 Side & 8 8 8 6 6 6 8 8 8 10 l0 10 10 Rear Yard Height (p) Fences up to six feet high may be constructed on a side property line in the urban residential, multifamily, and central residential zoning districts. Fences up to eight feet high may be constructed along side and rear yards in these zoning districts with a setback of six feet from all property lines. (q) Front yard fences may be of opaque construction up to a height of four feet, excepting corner setback areas, and so long as they do not pose a threat to public safety. In the agricultural, long-term agricultural, and rural residential zoning districts, that portion of a fence over four feet high must be of open construction. (r) Temporary fencing of construction sites, disaster scenes, and other sites posing a threat to public safety is allowed subject to permission of the property owner. Such temporary fencing shall be allowed only for the period of time required to ensure the public safety. Manufactured safety fence, snow fences, plywood and natural wood fences, portable concrete barriers, and similar products and techniques are allowed for this use, as well as those materials specified for use in permanent fencing. Section 90-242 Manufactured Home Park 30 .4 (a) It is unlawful for any person to operate a manufactured home park in the city without first having obtained a conditional use permit from the city, and a license to operate such park from the state department of health. (b) Performance standards for a manufactured home park. (1) All manufactured home parks must be served by municipal sewer and water, and all homes within the park must be connected to such services. A fire hydrant must be located within 250 feet of each manufactured home. Sanitary sewer, storm sewer, and water system components in the park shall be constructed and maintained by the owner of the park, in accordance with the standards of the state department of health and the requirements of the city's utility system. (2) All manufactured home parks with ten or more units must have a shelter to provide a safe place within the park for all residents to assemble in case of severe weather conditions, such as tornadoes, high winds, and floods. Such shelter shall be constructed in accordance with chapter 1370 of the state building code. Such shelter shall be constructed within 500 yards of each manufactured home. (3) All manufactured home parks must be adequately drained so that no home, building, roadway or public place is made unusable or unsafe by standing stormwater at any time other than a 100 -year, or greater, storm event. (4) All manufactured homes located in the park must be served by an internal road network owned and maintained by the park owner. Such roads must be constructed, as a minimum, in accordance with the standards for an urban minor street found in chapter 66 of this Code, except that the roadway width may be reduced to 24 feet, face -of -curb to face -of -curb where no on -street parking is allowed. In accordance with Minn. Stats. § 327.27, subd. 2a, all private streets meeting the standard defined herein shall be posted with a speed limit not to exceed 30 miles per hour. Speed limits on private streets existing prior to the adoption of the ordinance from which this chapter is derived, and not meeting the above standard, shall be ten miles per hour. (5) All streets and roadways located in a manufactured home park shall be maintained in a safe and useable condition by the park's owner for emergency vehicles at all times. (6) Street lighting shall be provided within the park by the park's owner. As a minimum, the street lighting shall illuminate all entrances to the park and the intersections of all roadways within the park. (7) Off-street parking shall be provided within the park in accordance with the standards for multifamily housing found in this chapter. (8) The addresses of all lots within a manufactured home park shall be clearly marked on the lot with a minimum of six -inch -tall numbers, made of reflective material or artificially illuminated, and clearly visible from the street. 31 (9) A minimum of ten percent of the net buildable area in the park must be set aside as recreational space for the tenants and homeowners in the park. A minimum of one acre of park space is required for each manufactured home park, improved with children's playground equipment, and constructed, installed, and maintained by the park's owner in accordance with the standards of the equipment manufacturer and the consumer products safety commission. (10) Solid waste removal must be provided for in the park in accordance with chapter 62 of this Code, and all waste storage facilities shall be fenced, screened and maintained in a clean and sanitary condition. The park owner shall ensure that no waste matter, rubbish, or refuse is allowed to accumulate within the park, and that the park is kept free of vermin and rodents. (11) Manufactured home parks shall be landscaped in accordance with the standards set for multifamily housing found in section 90-181. (12) Manufactured home parks will be screened from adjacent properties and public rights-of-way in accordance with section 90-181, except that up to 20 percent of the perimeter, including access roads, may be open to view from adjacent property and the public road right-of-way. (13) All electrical, telephone, cable television, and other such utility service lines shall be constructed underground. (14) The principal entrance to all manufactured home parks must be located adjacent to a county or state highway, a city collector street or a frontage road serving such a highway or collector street. (15) All manufactured home parks must be identified at all entrances with a sign, not less than ten square feet and not more than 20 square feet, marked with the name of the park and a current telephone number of the person responsible for the park's care. The sign must meet the standards for a permanent sign found in this chapter. (c) 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 Manufactured homes may be located in any residential zoning district of the city so long as they meet all zoning, environmental, and safety standards of the city, as well as the following conditions: (1) All manufactured homes located in the city, and constructed after 1972, must meet the requirements of the state's manufactured home building codes. A certificate of compliance from the state department of administration is required for each home to prove such compliance. 32 u" (2) All manufactured homes located outside of a manufactured home park must have a minimum width of 24 feet, and a minimum first -floor area of 940 square feet, garage not included. All manufactured homes located outside a manufactured home park must be constructed on a permanent foundation, including frost footings, unless specifically exempted under this chapter. (3) All manufactured homes located in the city for a period in excess of 48 hours shall be stabilized and anchored in accordance with the rules of the state department of administration. Manufactured home installers must be licensed by the state department of commerce. (4) All manufactured homes constructed after 1972 and offered for sale must have a seal from the state department of administration. All manufactured homes, regardless of year constructed, must be accompanied by a safety disclosure form, as specified by the state department of administration, when sold. (5) Manufactured structures, 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. All manufactured housing located in the floodplain district must be securely anchored to an adequate foundation system to resist flotation, collapse, and lateral movement. This requirement is in addition to applicable anchoring requirements for resisting wind forces. (6) In order to provide temporary housing to property owners whose home has been destroyed by fire or act of nature, and regardless of minimum building dimension requirements, the city council may issue a permit to place a manufactured home on any residential parcel or lot of land for a period not to exceed one year. The manufactured home must be owner -occupied, and not leased or let to a second party. The manufactured home must be connected to a safe drinking water supply and adequate septic treatment or removal facilities. Portable toilets and sewage holding tanks are not allowed as a substitute for an operational septic system or connection to a public sanitary sewer. Frost footings need not be required. (7) Temporary location of a manufactured home as an accessory use on a lot or parcel of land in the rural development area for the purpose of providing home-based care of an elderly or seriously ill family member may be allowed by conditional use permit in the agricultural, rural residential, and long-term agricultural zoning districts. The manufactured home must be owner -occupied and not leased or let to a second party. The manufactured home must be connected to a safe drinking water supply and adequate septic treatment or removal facilities. Porta -potties and sewage holding tanks are not allowed as a substitute for an operational septic system or connection to a public sanitary sewer. Frost footings need not be required. Article VII Land Division and Platting Section 90-336 33 •c" (3) Review Criteria: 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 place fill necessary to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. (4) Floodway/Flood Fringe Determinations in the Flood Plain District: When floodway or flood fringe boundaries have not been determined in the Flood Plain District, applicants shall conduct the necessary analysis and provide the information required in Section 90-37 of the Ordinance to determine the 100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (5) Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON OCTOBER 5,200,9 Fra Mtron, Mayor ATTEST: — "(_O� A__ Michele Lindau, City Clerk SUMMARY ORDINANCE 2009-434 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT 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 II. 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 PROTECTION, 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 redevelopment 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 addition 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 zoning 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 [I[. 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 Community 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 V[ 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 2 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 Ordinance 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. r Fran ron, Mayor Attest: c Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 - 14491 Forest Blvd. N. - Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Louis Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO: SUMMARY ORDINANCE 2009-434 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 11 th day of November 2009; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz AU SIGNATURE: Title Publisher KAi iE L. NEUMAN-LINDSTROM Notary Public -Minnesota My Comm. Expires Jan. 31, 2013 SUBSCRIBED AND SWORN TO BEFORE ME ON THE 26DAY OF _Januaa- .,2010. NOTARY SIGNATURE: RATE INFORMATION: $9.00/INCH 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.