HomeMy WebLinkAbout1978.10.30 ORD 1978-153 ARTICLE II - FLOOD PLAIN MANAGEMENT
320-20. Findings of Fact
320-21. Purpose
320-22 . General Provisions
Subd. A. Lands to which Ordinance Applies
Subd. B. Reference to Official Zoning Map
Subd. C. Regulatory Flood Protection Elevation
Subd. D. Interpretation
Subd. E. Compliance
Subd. F. Abrogation, Greater Restrictions and
Repeal of Inconsistent Regulations
Subd. G. Warning and Disclaimer of Liability
Subd. H. Severability
Subd. I. Definitions
320-23. Establishment of Zoning Districts
Subd. A. Floodway District (FW)
Subd. B. Flood Fringe District (FF)
Subd. C. General Flood Plain District (FP)
320-24 . Special Flood-Related Districts, Use Regulations
Subd. A. Floodway Districts (FW)
Subd. B. Flood Fringe District (FF)
Subd. C. General Flood Plain District (FP)
320-25. Subdivisions
320-26. Public Utilities, Railroacs, Roads and Bridges
Subd. A. Public Utilities:
Subd. B. Railroads, Roads and Bridges
320-27 . Mobile Homes and Mobile Home Parks
320-28. Administration
Subd. A. Zoning Administration
Subd. B. Special Use Permits
Subd. C. Board of Adjustment
Subd. D. Special Uses, Permit Filing
320-29. Nonconforming Uses
320-30. Penalties
320-31. Amendments
320-32. Fees
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ORDINANCE NO. 153
AN ORDINANCE AMENDING CHAPTER 320 OF THE HUGO CITY CODE, ENTITLED
"ZONING" TO PROVIDE REGULATION AND MANAGEMENT OF FLOOD PLAIN DISTRICTS.
The Legislature of the State of Minnesota has in Minnesota
Statutes 1969, c. 104 , and acts amendatory thereto, delegated the
responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the City Council
of Hugo, Minnesota hereby ordains as follows :
ARTICLE II - FLOOD PLAIN MANAGEMENT
320-20. FINDINGS OF FACT.
1. The flood hazard areas of Hugo, Minnesota, are subject to
periodic inundation which results in potential loss of life, loss
of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
2 . Methods used to Annalyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota Department
of Natural Resources.
320-21. PURPOSE. It is the purpose of this Ordinance to
promote the public health, safety, and general welfare and to
minimize those losses described in Section 320-20 , 1 by provisions
contained herein.
320-22. GENERAL PROVISIONS.
Subd. A: LANDS TO WHICH ORDINANCE APPLIES. This Ordinance shall
apply to all lands within the jurisdiction of the City of Hugo
shown on the Official Zoning Map as being located within the
boundaries of the Floodway, Flood Fringe, or General Flood Plain
Districts.
Subd. B: REFERENCE TO OFFICIAL ZONING MAP. The Official Zoning
Map together with all explanatory materials thereon, and attached
thereto is hereby adopted by reference and declared to be a part
of this Ordinance. The explanatory material shall include the Flood
Insurance Study for the City of Hugo prepared by the Federal
Insurance Administration dated March, 1978 , and the Flood
Boundary and Floodway Maps and Flood Insurance Rate Maps therein.
The Official Zoning Map shall be on file in the Office of the
City Clerk and the Zoning Administrator.
Subd. C: REGULATORY FLOOD PROTECTION ELEVATION. The Regulatory
Flood Protection Elevation shall be an elevation no lower than one
foot above the elevation of the regional flood plus any increases
in flood elevation caused by encroachments on the flood plain.
(1) The regulatory flood protection elevation within the
Floodway and Flood Fringe Districts shall be established
by adding one foot to the Base Flood Water Surface
Elevations with Floodway listed in the Floodway Data
Table contained in the Flood Insurance Study. Regulatory
flood protection elevations between cross-sections shall
be interpolated.
(2) The regulatory flood protection elevation within the
General Flood Plain District shall be calculated by the
City Engineer in accordance with procedures in Section
320-28 , Subd. D (2) of this Ordinance.
Subd. D: INTERPRETATION.
(1) In the interpretation and application, the provisions
of this Ordinance shall be held to be minimum requirements
and shall be liberally construed in favor of the City
Council and shall not be deemed a limitation or repeal of
any other powers granted by State Statutes.
(2) The boundaries of the zoning districts shall be determined
by scaling distances on the Official Zoning Map. Where
interpretation is needed as to the exact location of the
boundaries of the district as shown on the Official Zoning
Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions,
the City Council shall make the necessary interpretation
based on elevations on the regional (100-year) flood
profile. The person contesting the location of the
district boundary shall be given a reasonable opportunity
to present his case to the City and to submit technical
evidence if he so desires.
Subd. E: COMPLIANCE. No structure or land shall hereafter be used
and no structure shall be located, extended, converted, or structurally
altered without full compliance with the terms of this Ordinance and
other applicable regulations which apply to uses within the
jurisdiction of this Ordinance.
Subd. F: ABROGATION, GREATER RESTRICTIONS AND REPEAL OF INCONSISTENT
REGULATIONS. It is not intended by this Ordinance to
repeal, abrogate, or impair any existing easements, convenants, or
deed restrictions. However, where this Ordinance imposes greater
restrictions, the provisions of this Ordinance shall prevail. All
other ordinances inconsistent with this Ordinance are hereby repealed
to the extent of the inconsistency only.
Subd. G: WARNING AND DISCLAIMER OF LIABILITY. This Ordinance does
not imply that areas outside the flood plain districts or land uses
permitted within such districts will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of
the City of Hugo or any officer or employee thereof for any flood
damages that result from reliance on this Ordinance or any
administrative decision lawfully made thereunder.
Subd. H: SEVERABILITY. If any section, clause, provision, or portion
of this Ordinance is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of this Ordinance shall not
be affected thereby.
Subd. I : DEFINITIONS. Unless specifically defined below, words or
phrases used in this Ordinance shall be interpreted so as to give
them the same meaning as they have in common usage and so as to
give this Ordinance its most reasonable application .
(1) Accessory Use or Structure. A use or structure on the
same lot with, and of a nature customarily incidental
and subordinant to, the principal use or structure.
(2) City. Shall mean the City of Hugo.
(3) City Council. Shall mean the City Council of the City
of Hugo.
(4) Flood. A temporary rise in stream flow or stage that
results in inundation of the areas adjacent to the
channel.
(5) Flood Frequency. The average frequency, statistically
determined, for which it is expected that a specific
flood state or discharge may be equalled or exceeded.
(6) Flood Fringe. That portion of the flood plain outside
of the floodway. Flood fringe is synonymous with the
term floodway fringe used in the Flood Insurance Study.
(7) Flood Hazard Areas. Areas subject to periodic innundation
which results in potential loss of life and property,
health, and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures
for flood protection and relief , and impairment of the
tax lease all of which adversely affect the public
health safety and general welfare.
(8) Flood Insurance Study. Study conducted under the
auspesies of the Federal Insurance Administration and
the Federal Department of Housing and Urban Development
which establishes floodway areas and rate zones for
those areas subject to potential flood damage.
(9) Flood Plain. The areas adjoining a watercourse which
have been or hereafter may be covered by the regional
flood.
(10) Flood Proofing. A combination of structural provisions,
changes, or adjustments to properties and structures
subject to flooding primarily for the reduction or
elimination of flood damages.
(11) Floodway. The channel of the watercourse and those
portions of the adjoining flood plains which are
reasonably required to carry and discharge the regional
flood.
(12) Obstruction. Any dam, wall, wharf, enbankment, levee,
dike, pile, abutment, projection, excavation, channel
rectification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along,
across, or projecting into any channel, watercourse, or
regulatory flood hazard area which may impede, retard,
or change the direction of the flow of water, either
in itself or by catching or collecting debris carried
by such water, or that is placed where the flow of
water might carry the same downstream to the damage of
life or property.
(13) Reach. A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced
by a natural or manmade obstruction. In an urban area,
the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a
reach.
(14) Regional Flood. A flood which is representative of
large floods known to have occurred generally in
Minnesota 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 Study.
(15) Regulatory Flood Protection Elevation. Set forth in
320. 22 Subdivision C.
(16) Structure. Anything constructed or erected on the ground
or attached to the ground, including, but not limited to,
buildings, factories, sheds, cabins, mobile homes, and
other similar items.
320. 23 . ESTABLISHMENT OF ZONING DISTRICTS . The flood plain
areas within the jurisdiction of this Ordinance are hereby divided
into three Districts: Floodway District (FW) , Flood Fringe District (FF) ,
and general Flood Plain District (FP) .
Subd. A: FLOODWAY DISTRICT. The Floodway District shall include
those areas designated as floodway in the Flood Insurance Study.
Subd. B: FLOOD FRINGE DISTRICT. The Flood Fringe District shall
include those areas designated as floodway fringe in the Flood
Insurance Study.
Subd. C: GENERAL FLOOD PLAIN DISTRICT. The general Flood Plain
District shall include those areas designated as unnumbered A Zones
by the Flood Insurance Rate Map.
The boundaries of these districts shall be shown on the Official
Zoning Map. Within these districts all uses not allowed by the
terms of this Ordinance as Permitted Uses or permissable as Special
Uses shall be prohibited. Lot sizes shall be regulated in accordance
with the underlying zoning regulations provided by Section 320-4 of
the Zoning Chapter of the Hugo City Code.
320-24 . SPECIAL FLOOD-RELATED DISTRICTS , USE REGULATIONS.
Subd. A: FLOODWAY DISTRICT (FW) .
(1) Permitted Uses. The following uses have a low flood damage
potential and do not obstruct flood flows. These uses
shall be permitted within the Floodway District to the
extent that they are not prohibited by any other
ordinance and provided they do not require structures,
fill, or storage of materials, or equipment. In addition,
no use shall adversely affect the capacity of the channels
or floodways or any tributary to the main stream or of any
drainage ditch, or any other drainage facility or system.
a. Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming, and wild
crop harvesting.
b. Industrial-Commercial uses such as loading areas,
parking areas, and airport landing strips.
c. Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps ,
swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and
fishing areas, and hiking and horseback riding trails.
d. Residential uses such as lawns, gardens, parking
areas, and play areas.
(2) Special Uses. All structures and the following open space
uses require accessory structures (temporary or permanent) ,
or fill or storage of materials or equipment. These uses
may be permitted in the Floodway District only after the
issuance of a Special Use Permit as provided in Section
320-28 , Subd. B of this Ordinance. These uses are also
subject to the provisions of Section 320-24 (3) which
applies to all floodway Conditional Uses.
a. Structures accessory to open space .
b. Placement of fill.
c. Extraction of sand, gravel, and other materials.
d. Marinas, boat rentals, docks, piers , wharves, and
water control structures.
e. Railroads, streets, bridges, utility transmission
lines, and pipelines.
f. Storage yards for equipment, machinery, or materials.
g. Other uses similar in nature to uses described in
Sections 320-24, Subd. A (1) and Subd. A (2) which
are consistent with the provisions set out in
Sections 320-20 of this Ordinance.
(3) Standards for Floodway Special Uses.
a. All Uses. No structure (temporary or permanent) , fill
(including fill for roads and levees) , deposit,
obstruction storage of materials, or equipment, or
other uses may be allowed as Special Uses which,
acting alone or in combination with existing or
reasonably anticipated future uses , adversely affects
the capacity of the floodway or increases flood
heights . In addition, all floodway Special Uses shall
be subject to the standards contained in Section 320-28 ,
Subd. D (4) and the following Standards (Sections 320-24 (3)
a through e) .
b. Fill
(a. ) Any fill deposited in the floodway shall be
no more than the minimal amount necessary
to conduct a Special Use listed in Section
320-24, Subd. A (2) . Generally fill shall be
limited to that needed to grade or landscape
for that use and shall not in any way further
obstruct the flow of flood waters .
(b. ) Spoil from dredging or sand and gravel
operations shall not be deposited in the floodway
unless it can be done in accordance with a. of
this Section.
(c. ) Fill shall be protected from erosion by
vegetative cover.
c. Accessory Structures (temporary or permanent)
permitted as Special Uses by Section 320-24 , Subd. A (2) .
(a. ) Accessory structures shall not be designated
for human habitation.
(b. ) Accessory structures shall have a low flood
damage potential.
(c. ) Accessory structures, if permitted, shall be
constructed and placed on the building sites
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 tI same flood
flow lines as those of adj\ zing structures.
(d. ) Accessory structures shall be flood proofed in
accordance with the State Building Code.
d. Storage of Materials and Equipment.
(a. ) The storage or processing of materials that
are in time of flooding buoyant, flammable,
explosive, or could be injurious to human,
animal, or plant life is prohibited.
(b. ) Storage of other materials or equipment may be
allowed if readily removable from the area
within the time available after flood warning.
e. Structural Work for Flood Control. Structural works
for flood control such as dams, levees, dikes, and
floodwalls shall be allowed only upon issuance of a
Special Use Permit. In addition, any proposed work
in the beds of public waters which will change the
course, current, or cross-section of the waters shall
be subject to the provisions of Minnesota Statutes
1976, c. 105, and other applicable statutes.
Subd. B: FLOOD FRINGE DISTRICT (FF) .
(1) Permitted Uses. The following uses shall be Permitted
Uses within the Flood Fringe District to the extent that
they are not prohibited by any other ordinance:
a. Any use permitted in Section 320-24 A(1) .
b. Accessory structures provided they comply with the
provision of Section 320-24 , Subd. A (3) c of this
Ordinance, subject to Building permit requirements.
c. Residence and other structures constructed on fill so
that the basement floor or first floor, if there is no
basement, is at or above the regulatory flood protection
elevation, subject to Building permit requirements. The
finished fill elevation shall be no lower than one (1)
foot below the regulatory flood protection elevation and
shall extend at such elevation at least fifteen (15)
feet beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the slopes
shall be protected by rip rap ro vegetative covering.
No use shall be permitted which will adversely affect the
capacity of channels or floodways of any tributary to the
drainage facility or system.
(2) Special Uses. Other uses are permitted only upon
application to the Zoning Administrator and the issuance
of a Special Use Permit as provided in Section 320-28 ,
Subd. D of this Ordinance and subject to the following
provisions ;
a. Residences. Where existing streets, utilities, and
small lot sizes preclude the use of fill, other
methods of elevating the first floor (including
basements) above the regulatory flood protection
elevation may be authorized provided that the
residence is flood proofed in accordance with the
State Building Code.
b. No floor or portion of a residence below the
regulatory flood protection elevation may be used
for human occupancy.
c. Other Structures. Commercial, manufacturing, and
industrial structures shall ordinarily be elevated
on fill so that their first floor (including basement)
is above the regulatory flood protection elevation
but may in special circumstances be flood proofed in
accordances with the State Building Code. Structures
that are not elevated to above the regulatory flood
protection elevation shall be flood proofed to FP-1
FP-2 classification as defined by the State Building
Code. Structures flood proofed to FP-3 or FP-4
classification shall not be permitted.
(3) Standards for Flood Fringe Uses.
a. Residential Uses. Residences that do not have
vehicular access at or above an elevation not more
than two feet below the regulatory flood protection
elevation shall not be permitted unless granted a
Variance by the City Council . In granting a Variance
the City shall specify limitations on the period of use
or occupancy of the residence.
b. Commercial Uses. Accessory land uses, such as yards ,
railroad tracks, and parking lots may be at elevations
lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by
the general public shall not be granted, in the
absence of a flood warning system that provides adequate
time for evacuation if the area is inundated to a
depth greater than two feet or subjectto flood
velocities greater than four feet per second upon
the occurrence of the regional flood.
c. Manufacturing and Industrial Uses. Measures shall be
taken to minimize interference with normal plant
operations especially for streams having protracted
flood durations . Certain accessory land uses such as
yards and parking lots may be at lower elevations
subject to requirements set out in Section 320-24 ,
Subd. B (3) b above. In considering permit
applications, due consideration shall be given to needs
of an industry whose business requires that it be
located in flood plain areas.
Subd. C: GENERAL FLOOD PLAIN DISTRICT (FP) .
(1) Permitted Uses. Permitted Uses shall include those uses
permitted by Section 320-24 Subd. A (1) of this Ordinance.
(2) Special Uses. All other uses require a Special Use Permit
as provided in Section 320-28 , Subd. D.
The general Flood Plain District includes both floodway and flood
fringe areas. Based on procedures in Section 320-28 , Subd. D (2) the
City Council shall detelitiine whether the proposed use is in the floodway
or flood fringe. If it is determined that the use lies in the floodway
the provisions of Section 320-24 , Subd. A of this Ordinance shall apply.
If it is determined the proposed use lies in the flood fringe the
provisions of Section 320-24 , Subd. B of this Ordinance shall apply.
320-25. SUBDIVISIONS. No land shall be subdivided which is
held unsuitable by City Council for reason of flooding, inadequate
drainage, or inadequate water supply or sewage treatment facilities .
All lots within the Flood Plain Districts shall contain a building
site at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage disposal facilities that
comply with the provisions of this Ordinance and have road access no
lower than two feet below the regulatory flood protection elevation. In the
general Flood Plain District applicants shall provide the information
required in Section 320-28 , Subd. D (2) and the subdivision shall be
evaluated in accordance with procedures therein.
320-26. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES.
Subd. A: PUBLIC UTILITIES. All public utilities and facilities
such as gas, electrical, sewer, and water supply systems to be
located in the Flood Plain shall be flood proofed in accordance with
the State Building Code or elevated to above the regulatory flood
protection elevation.
Subd. B: RAILROADS , ROADS , AND BRIDGES. Railroad tracks, roads, and
bridges to be located within the floodway shall comply with Section
320-24 , Subd. A (3) a and b of this Ordinance. In all Flood Plain
Districts, elevation to the regulatory flood protection elevation shall
be provided where failure or interruption of these transportation
facilities would result in danger to the public health or safety or
where such facilities are essential to the orderly functioning of the
area. Minor or auxiliary roads or railroads may be constructed at a
lower elevation where failure or interruption of service would not
endanger the public health or safety.
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320-27. MOBILE HOMES AND MOBILE HOME PARKS.
A. New mobile home parks and expansions to existing mobile
home parks shall be subject to the provisions placed on
subdivisions by Section 320-25.
B. Mobile home parks that are located in flood plain
districts may be replaced only if in compliance with
the following conditions :
1 . The mobile home lies in the Flood Fringe District.
2 . The mobile home is anchored with tiedowns that comply
with requirements of Minnesota Regulations MoH 450.
3. The mobile home owner or renter is notified that the
mobile home site lies in the flood plain and may be
subject to flooding.
4 . The mobile home park owner develops a flood emergency
plan consistent with the time available after a
flood warning.
C. Individual mobile homes not located in mobile home parks
may be permitted if allowed by other applicable ordinances
and if they comply with the provisions of Section 320-24 ,
Subd. B (1) c.
320-28 . ADMINISTRATION.
Subd. A: ZONING ADMINISTRATION. A Zoning Administrator designated by
the City Council shall administer and enforce this Ordinance. If he
finds a violation of the provisions of this Ordinance he shall notify
the person responsible for such violation, indicating the nature of
the violation, and ordering the action necessary to correct it.
Subd. B: SPECIAL USE PERMIT.
(1) Special _Use Permit Required. A Special Use Permit issued
by the City Council in conformity with the provisions of
this Ordinance shall be secured prior to the erection,
addition, or alteration of any building, structure, or
portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the change or extension
of a Nonconforming Use; and prior to the placement of fill
or excavation of materials within the flood plain.
(2) Application for Special Use Permit. Application for Special
Use Permit and Building Permits shall be made in duplicate
to the City Clerk on forms furnished by the City and shall
include the following where applicable: plans in duplicate
drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing
in relation to the channel.
(3) State and Federal Permits. Prior to granting a Special
Use Permit or processing an application for a Special
Use Permit or Variance the Zoning Administrator shall
determine that the applicant has obtained all necessary
State and Federal Permits.
(4) Construction and Use to be as Provided in Applications ,
Plans, Permits. Special Use Permit issued on the basis
of approved plans and applications authorize only the
use, arrangement, and construction set forth in such
approved plans and applications, and no other use ,
arrangement, or construction. Any use , arrangement, or
construction at variance with that authorized shall be
deemed violation of this Ordinance, and punishable as
provided by Section 320-30. The applicant shall be
required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor
that the finished fill and building elevations were
accomplished in compliance with the provisions of this
Ordinance. Flood-proofing measures shall be certified by
a registered professional engineer or registered architect.
(5) Record of First Floor Elevation. The Zoning Administrator
shall maintain a record of the elevation of the first floor
(including basement) of all new structures or additions to
existing structures in the flood plain districts. He shall
also maintain a record of the elevations to which structures
or additions to structures are flood proof.
Subd. C: BOARD OF ADJUSTMENT.
(1) The functions of the Board of Adjustment shall be performed
by the City Council unless it establishes, by separate
ordinance, a body to perform these actions .
(2) Administrative Review. The Board shall hear and decide
appeals where it is alleged there is error in any order ,
requirement, decision, or determination made by an
administrative official in the enforcement or administration
of this Ordinance.
(3) Variances. It may authorize upon appeal in specific cases
such variance from the terms of this Ordinance as will not
be contrary to the public interest, where owing to special
conditions as literal enforcement of the provisions of the
Ordinance will result in unnecessary hardship so that the
spirit of the Ordinance shall be observed and substantial
justice done. No Variance shall have the effect of allowing
in any district uses prohibited in that district, permit a
lower degree of flood protection than the regulatory flood
protection elevation for the particular area, or permit
standards lower than those required by State law.
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(4.) Hearings. Upon filing with the Board of Adjustment of an
appeal from a decision of the Zoning Administrator, or an
applidation for a Variance, the Board shall hold a Public
Hearing within 60 days. Notice of the Public Hearing shall
be published in the official newspaper at least 10 days
prior to the date of the hearing. Notices of the Public
Hearing shall be mailed to those property owners in the
affected flood area at least 10 days prior to the hearing.
Failure to receive such notice shall not invalidate such
hearing. The Board shall submit to the Commissioner of
Natural Resources a copy of the application for proposed
Variances sufficiently in advance so that the Commissioner
will receive at least 10 days notice of the hearing.
(5) Decisions. The Board shall arrive at a decision on such
appeal or Variance within 45 days after a Public Hearing
is held. In passing upon an appeal the Board may, so long
as such action is in conformity with the provisions of this
Ordinance, reverse or affirm, wholly or in part, or modify
the order, requirement, decision or determination appealed
from and it shall make its decision in writing setting
forth the findings of fact and the reasons for its
decisions. In granting a Variance the Board may prescribe
appropriate conditions and safeguards. Violations of such
conditions and safeguards , when made a part of the terms
under which the Variance is granted, shall be deemed a
violation of this Ordinance. A copy of all decision
granting Variances shall be forwarded to the Commissioner
of Natural Resources within ten (10) days of such action.
(6) Appeal to the City Council and District Court. Appeals
from any decision of the Board may be taken by any person
or persons, jointly or severally, aggrieved by any decision
of the Board, or any taxpayer, officer, department, board,
or bureau of the municipality, to the City Council .
Subd. D: SPECIAL USES, PERMIT FILING.
(1) All applications for Special Use Permits relating to this
Ordinance shall be handled in accordance with the normal
procedure established by the City. The City Clerk shall
submit to the Commissioner of Natural Resources a copy of
the application for the proposed Special Use Permit
sufficiently in advance so that the Commissioner will
receive at least 10 days notice of the time it will be
considered by the City. A copy of all decisions granting
Special Use Permits shall be forwarded to the Commissioner
of Natural Resources within 10 days of such action.
(2) Procedures for Evaluating Proposed Special Uses Within
the General Flood Plain District.
a. Upon receipt of an application for a Special Use
Permit for and within the general Flood Plain District,
the applicant shall be required to furnish such of
the following information as is deemed necessary
by the City for the determination of the regulatory
flood protection elevation and whether the proposed
use is the floodway or the flood fringe .
i. A typical valley cross-section showing the
channel of the strean,elevation of land areas
adjoining each side of the channel, cross-sectional
areas to be occuppied by the proposed development,
and high water information.
ii. Plan (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
on the site; location and elevations of streets;
photographs showing existing land uses and
vegetation upstream and downstream; and soil type.
iii. Profile showing the slope of the bottom of the
channel or flow line of the stream for at least
500 feet in either direction from the proposed
development.
b. One copy of the above information shall be transmitted
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 NR 86-87 shall be followed in
this expert evaluation. The City Engineer shall :
i. Estimate the peak discharge of the regional flood.
ii. Calculate the water surface profi e of the
regional flood based upon a hydraulic analysis
of the stream channel and overbank areas.
iii. Compute the floodway necessary to convey the
regional flood without increasing f- xod stages
more than 0. 5 feet. An equal degrt of
encroachment on both sides of the stream within
the reach shall be assumed.
c. Based upon the technical evaluation of the City Engineer,
the City shall determine whether the proposed use is
in the floodway or flood fringe and the regulatory
flood protection elevation at the site.
(3) Procedures to be Followed by the City in considering
Special Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such 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:
i. Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of
the lot, existing or proposed structures , fill,
storage of materials , floodproofing measures ,
and the relationship of the above to the location
of the channel .
ii. Specifications for building construction and
materials, floodproofing, filling, dredging,
grading, channel improvement, storage of materials,
water supply and sanitary facilities.
b. Transmit one copy of the information described in Section
320-28 , Subd. D (3) to the City Engineer 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.
c. Based upon the technical evaluation of the City Engineer,
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.
(4) Factors Upon Which the Decision of the City Shall Be Based.
In considering Special Use applications, the City shall
consider all relevant factors specified in other sections
of this Ordinance, and:
a. The danger to life and property due to increased flood
heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands
or downstream to the injury of others.
c. The proposed water supply and sanitation systems and
the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
d. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
e. The importance of the services provided by the
proposed facility to the community.
f. The requirements of the facility for a waterfront
location.
g. The availability of alternative locations not subject
to flooding for the proposed use.
h. The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
i. The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
• j . The safety of access to the property in times of
flood for ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of
rise , and sediment transport of the flood waters
expected at the site.
1. Such other factors which are relevant to the purposes
of this Ordinance.
(5) Time for Acting on Application. The City shall formally
consider an application in the manner above described
within 60 days from receiving the application, except that
where additional information is required pursuant to this
Ordinance the City may provide for an extension. The
City shall render a decision within 45 days from the formal
consideration.
(6) Conditions Attached to Special Use Permits. Upon consideration
of the factors listed above and the purposes of this
Ordinance, the City may attach such conditions to theg rantin
g
of Special Use Permits as it deems necessary to fulfill the
purposes of this Ordinance. Such conditions may include, but
are not limited to, the following:
a. Modification of waste disposal and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed
restrictions.
d. Requirements for construction of channel modifications,
dikes, levees, and other protective measures.
e. Flood proofing measures, in accordance with the State
Building Code. The applicant shall submit a plan or
document certified by a registered professional
engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection
elevation and associated flood factors for the
particular area.
320-29. NONCONFORMING USES.
A. A structure or the use of a structure or premises which
was lawful before the passage or amendment of this
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject to
the following conditions :
1. No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
2. No structural alteration or addition to any
nonconforming structure over the life of the structure
shall exceed 50 percent of its market value at the
time of its becoming a Nonconforming Use, unless the
structure is permanently changed to a Conforming Use
•
or unless the alteration or addition would
substantially reduce potential flood damages for
the entire structure.
3. Any alteration or addition to any Nonconforming Use
which would result in substantially increasing its
flood damage potential shall be protected in
accordance with Section 320-28 . Subd. D (6) e of this
Ordinance.
4 . If such use is discontinued for 24 consecutive
months, any future use of the building premises shall
conform to this Ordinance.
5. If any Nonconforming Use is destroyed by any means,
including floods, to an extent of 50 percent or more
of its market value, it shall not be reconstructed
except in conformity with the provisions of this
Ordinance. However, the City may issue a Special
Use Permit for reconstruction if the use is located
outside the floodway and, upon reconstruction,
is adequately floodproofed, elevated, or otherwise
protected in conformity with Section 320-28 , Subd. D (6) .
6. Except as provided in Section 320-29, A, 5, any use
which has been permitted as a Special Use shall not
be considered as a Nonconforming Use.
7 . Nonconforming Uses located in the Floodway District
shall be eliminated or brought into conformity with
the standards contained in this Ordinance within a
reasonable period of time as determined by the City,
after a hearing for each such Nonconforming Use.
The City shall make its determination upon the basis
of the normal useful life of any improvement upon the
premises. In addition, the monetary value of any
competitive advantage derived by the operation of such
Nonconforming Use, by reason of the limitation on
establishment of competing businesses as a result of
this Ordinance, shall be considered as a reduction of
losses resulting from the requirements of termination
of the use under this Ordinance.
8 . The Zoning Administrator shall prepare a list of those
Nonconforming Uses which have been floodproofed or
otherwise adequately protected in conformity with
Section 320-28, Subd. D (6) . He shall present such
list to the City which may issue a certificate to the
owner stating that such uses, as a result of these
corrective measures, are in conformity with the
provisions of this Ordinance.
320-30. PENALTIES FOR VIOLATION. Violation of the provisions
of this Ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with grants of Variances or Conditional Uses) shall
constitute a misdemeanor punishable as provided in Chapter 230
of the Hugo City Code. Each day such violation continues shall be
considered a separate offense.
Nothing herein contained shall prevent the City from taking
such other lawful action as is necessary to prevent or remedy any
violation.
320-31. AMENDMENTS. 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 at or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. Special exceptions to
this rule may be permitted by the Commissioner of Natural Resources if
he determines that, through other measures, lands are adequately
protected for the intended use.
All amendments to this Ordinance including such amendments to
the Official Zoning Map which relate to flood plain designation must
be submitted to and approved by the Commissioner of Natural Resources
prior to adoption. Changes in the Official Zoning Map also require
prior approval by the Federal Insurance Administration.
320-32. FEES.
a. The fee for the application for Special Use Permit
shall be set by resolution of the City Council .
b. The applicant shall also be responsible for
engineering expenses incurred by the City
relative to his application.
Upon adoption, approval, and publication according to law, the
Hugo City Code and the Zoning Map will be amended to reflect the
provisions of this Ordinance.
Adopted this 30th day of October , 1978 .
Voting For:
Against:
At/4h
qYi
Mayor
Attest:
lti � 6:V (-k _L
Clerk
22nd &
Published in the Forest Lake Times the30th day of November , 1978 .
r 4.,:_ 111
STATE OF MINNESOTA 1 ss
COUNTY OF Washington
Duane A.Rasmussen,being duly sworn,on oath says he is and during all the times herein stated has been the publisher
and printer of the newspaper known as the Forest Lake Times and has full knowledge of the facts herein stated as follows
Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed
space to at least 900 squre inches.Said newspaper is a weekly and is distributed at least once each week.Said newspaper
has 50%of its news columns devoted to news of local interest to the community which it purports to serve and does not
wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements.Said news.
paper is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to
paying subscribers,has an average of at least 759E of its total circulation currently paid or no more than three months in
arrears and has entry as second-class matter in its local post-office.Said newspaper purports to serve the City of Forest
Lake in the County of Washington and it has its known office of issue in the City of Forest Lake in said county,established
and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and •
maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dur-
ing all such regular business hours and at which said newspaper is printed. Said newspaper tiles a copy of each issue im-
mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per
son,corporation,partnership or other unincorporated association requesting the newspaper and making the applicable
payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of
publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January I,1966
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing of-
ficer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaperr . .
41111.. He further states on oath that the printed - Public Notice hereto attached
as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English
lanuage,once each week,for Two successive weeks, that it was first so published on Thursday.
the 22nd day of November 19 78 and was thereafter printed and� published on every
7
Thursday to and including the 30th day of November 19 f 8
and that the following is a printed copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged
as being the size and kind of type used in the composition and publication of said notice,to wit
6-point News Type--abcdefghijklmnopgrstuvwxyz
8-point News type--abcdefghijklmnopgrstuvwxyz
Subsc bed a d worn to hore me this i) a� NOVA 19 78
1 L ‘a
di
C.
`.`. FNotary p lic, 'iunt Mitiae4d�"
; 1332
(NOTORIAL SEAL) MyComrs IonE%Pires. ,
interpreted so as to give them the same accessory structures (temporary or the regulatory flood protection elevation furnished by the City and shall include
meaning as they have in common usage permanent), or fill or storage of shall be flood proofed to FP-1 FP-2 the following where applicable:plans in
and so as to give this Ordinance its most materials or equipment.These 6ses may classification as defined by the State duplicate drawn to scale, showing the
reasonable application. be permitted in the Floodway District Building Code.Structures flood proofed nature, location, dimensions, and
(1)Accessory Use or Structure.A use only after the issuance of a Special Use to FP-3 or FP-4 classification shall not elevations of the lot; existing or
or structure on the same lot with,and of Permit as provided in Section 320-28, be permitted. - proposed structures, fill, or storage of
a nature customarily incidental and Subd. B of this Ordinance. These uses (3)Standards for Flood Fringe Uses. materials; and the location of the
subordinant to, the principal use or are also subject to the provisions of a.Residential Uses.Residences that foregoing in relation to the channel.
structure. Section 320-24 (3) which applies to all do not have vehicular access at or above (3)State and Federal Permits.Prior
ORDINANCE NO.153 (2)City.Shall mean the City of Hugo. Floodway Conditional Uses. an elevation not more than two feet to granting a Special Use Permit or
ORDINANCE AMENDING (3)City Council.Shall mean the City a. Structures accessory to open below the regulatory flood protection processing an application for a Special
OF THE HUGO CITY Council of the City of Hugo. space. elevation shall not be permitted unless Use Permit or Variance the Zoning
C D "ZONING" TO (4)Flood.A temporary rise in stream b.Placement of fill. granted a Variance by the City Council. Administrator shall determine that the
PROVIDE REGULATION AND flow or stage that resultsininundationof c. Extraction of sand, gravel, and In granting a Variance the City shall ilicant has obtained all necessary
MANAGEMENT OF FLOOD PLAIN the areas adjacent to the channel, other materials. specify limitations on the period of use to and Federal Permits.
DISTRICTS. (5) Flood Frequency. The average d. Marinas, boat rentals, docks, or occupancy of the residence. (4) Construction and Use to be as
The Legislature of the State of Min- frequency,statistically determined,for piers, wharves, and water control b.Commercial Uses.Accessory land Provided in Applications, Plans,n has in Minnesota Statutes 1969,c. which it is expected that a specific flood structures. uses,such as yards,railroad tracks,and mits.Special Use Permit issued on the
104, and acts amendatory thereto, state or discnarge may be equalled or e.Railroads,streets,bridges,utility parking lots may be at elevations lower basis of approved plans and applications
delegated the responsibility to local exceeded. transmission lines,and pipelines. than the Regulatory Flood Protection authorize only the use, arrangement,
governmental units to adopt regulations (6)Flood Fringe.That portion of the f. Storage yards for equipment, Elevation.However,a permit for such and construction set forthin such ap-
designed to minimize flood losses. flood plain outside of the floodway.Flood machinery,or materials. facilities to be used by the general public proved plans and applications,and no
Therefore, the City Council of Hugo, fringe is synonymous with the term g. Other uses similar in nature to shall not be granted,in the absence of a other use,arrangement,or construction.
Minnesota hereby ordains as follows: floodway fringe used in the Flood In- uses described in Sections 320-24,Subd. flood warning system that provides Any use,arrangement,or construction
ARTICLE II- suranceStudy. A (I) and Subd.A (2) which are con- adequate time for evacuation if the area at variance with that authorized shall be
FLOOD PLAIN MANAGEMENT (7)Flood Hazard Areas.Areas subject sistent with the provisions set out m is inundated to a depth greater than two deemed violation of this Ordinance,and
320-20.FINDINGS OF FACT. to periodic innundation which results in Sections 320-20 of this Ordinance. feet or subject to flood velocities greater punishable as provided by Section 320-30.
1. The flood hazard areas of Hugo, potential loss of life and property, (3) Standards for Floodway Special than four feet per second upon the oc- The applicant shall be required to
Minnesota, are subject to periodic health,and safety hazards,disruption of Uses. currence of the regional flood. submit certification by a registered
inundation which results in potential loss commerce and governmental services, . All Uses. No structure (tern- c. Manufacturing and Industrial professional engineer, registered ar-
of life,loss of property,health and safety extraordinary public expenditures for porary or permanent),fill(including fill Uses. Measures shall be taken to chitect,or registered land surveyor that
hazards, disruption of commerce and flood protection and relief, and im- f[or roads and levees), 'deposit, ob- minimize interference with normal plant the finished fill and building elevations
governmental services, extraordinary pairment of the tax lease all of which struction storage of materials, or operations especially for streams having were accomplished in compliance with
public expenditures for flood protection adversely affect the public health safety equipment,or other uses may be allowed protracted flood durations. Certain the provisions of this Ordinance.Flood-
and relief, and impairment of the tax and general welfare. as Special Uses which,acting alone or in accessory land uses such as yards and proofing measures shall be certified by a
base,all of which adversely affect the (8) Flood Insurance Study. Study combination with existing or reasonably parking lots may be at lower elevations registered professional engineer or
public health, safety, and general conducted under the auspesies of the anticipated future uses,adversely af- subject to requirements set out in registered architect.
welfare. Federal Insurance Administration and feels the capacity of the floodway or Section 320-24,Subd.B (3) b above.In (5) Record of First Floor Elevation.
2. Methods used to Annalyze Flood the Federal Department of Housing and increases flood heights.In addition,all considering permit applications, due The Zoning Administrator shall main-
Hazards.This Ordinance is based upon a. Urban Development which establishes floodway Special Uses shall be subject to consideration shall be given to needs of fain a record of the elevation of the first
reasonable method of analyzing flood floodway areas and rate zones for those the standards contained in Section 320- an industry whose business requires that floor (including basement) of all new
hazards which is consistent with the areas subject to potential flood damage. 28,Subd.D (4)and the following Stan- it be located in flood plain areas. structures or additions to existing
standards established by the Minnesota (9)Flood Plain.The areas adjoining a dards(Sections 320-24(3)a through e). Subd. C: GENERAL FLOOD PLAIN structures in the flood plain districts.He
Department of Natural Resources. watercourse which have been or b.Fill
DISTRICT(FP). shall also maintain a record of the
320-21.PURPOSE.It is the purpose of hereafter may be covered by the (a.) Any fill deposited in the (1) Permitted Uses. Permitted Uses elevations to which structures or ad-
this Ordinance to promote the public regional flood, floodway shall be no more than the shall include those uses permitted by ditions to structures are flood proof.
health,safety,and general welfare and (10)Flood Proofing.A combination of minimalamount necessary to conduct a Section 320-24 Subd. A (1) of this Or- Subd.C:BOARD OF ADJUSTMENT.
to minimize those losses described in structural provisions, changes, or ad- Special Use listed in Section 320-24, dinance. (1) The functions of the Board of
Section 320-20,1 by provisions contained justments to properties and structures Subd. A (2). Generally fill shall be (2) Special Uses. All other uses Adjustment shall be performed by the
herein• subject to flooding primarily for the limited to that needed to grade or land- require a Special Use Permit as City Council unless it establishes, by
320-22.GENERAL PROVISIONS. • reduction or elimination of flood scape for that use and shall not in any provided in Section 320-28,Subd.D. separate ordinance,a body to perform
Subd. A: LANDS TO WHICH OR- damages. way further obstruct the flow of flood The general Flood Plain District in- these actions.
DINANCE APPLIES. This Ordinance (11) Floodway. The channel of the waters. eludes both floodway and flood fringe (2)Administrative Review.The Board
shall apply to all lands within the watercourse and those portions of the (b.) Spoil from dredging or sand areas. Based on procedures in Section shall hear and decide appeals where it is
jurisdiction of the City of Hugo shown on adjoining flood plains which are and gravel operations shall not be 320-28,Subd.D(2)the City Council shall alleged there is error in any order,
the Official Zoning Map as being located reasonably required to carry and deposited in the floodway unless it can determine whether the proposed use is in requirement,decision,or determination
within the boundaries of the Floodway, discharge the regional flood. be done in accordance with a. of this the floodway or flood fringe. If it is made by an administrative official in the
Flood Fringe, or General Flood Plain (12) Obstruction. Any dam, wall, Section. determined that the use lies in the enforcement or administration of this
Districts. wharf, enbankment, levee, dike, pile, (c.) Fill shall be protected from floodway the provisions ofSection 320.24, Ordinance.
Subd.B:REFERENCE TO OFFICIAL abutment, projection, excavation, erosion by vegetative cover. Subd.A of this Ordinanceshallapply.If (3)Variances.It may authorize upon
ZONING MAP.The Official Zoning Map channel rectification,culvert,building, c.Accessory Structures(temporary it is determined the proposed use lies in appeal in specific cases such variance
together with all explanatory materials wire, fence, stockpile, refuse, fill, or permanent) permitted as Special the flood fringe the provisions of Section from the terms of this Ordinance as will
thereon,and attached thereto is hereby structure,or matter in,along,across,or Uses by Section 320-24,Subd.A(2). 320-24, Subd. B of this Ordinance shall not be contrary to the public interest,
adopted by reference and declared to be projecting into any channel, water- (a.)Accessory structures shall not apply. where owing to special conditions as
a part of this Ordinance. The ex- course,or regulatory flood hazard area be designated for human habitation. 320-25.SUBDIVISIONS.No land shall literal enforcement of the provisions of
planatory material shall include the which may impede, retard, or change (b.) Accessory structures shall be subdivided which is held unsuitable the Ordinance will result in unnecessary
Flood Insurance Study for the City of the direction of the flow of water,either have a low flood damage potential. by.City Council for reason of flooding, hardship so that the spirit of the Or-
Hugo prepared by the Federal Insurance in itself or by catching or collecting (c.) Accessory structures, if inadequate drainage, or inadequate dinance shall be observed and sub-
Administration dated March, 1978,and debris carried by such water,or that is permitted, shall be constructed and water supply or sewage treatment stantial justice done.No Variance shall
the Flood Boundary and Floodway Maps placed where the flow of water might placed on the building sites so as to offer facilities.All lots within the Flood Plain have the effect of allowing in any district
and Flood Insurance Rate Maps therein. carry the same downstream to the the minimum obstruction to the flow of Districts shall contain a building site at uses prohibited in that district,permit a
The Official Zoning Map shall be on file damageof life or property. flood waters. or above the regulatory flood protection lower degree of flood protection than the
in the Office of the City Clerk and the (13) Reach. A hydraulic engineering i.Whenever possible,structures elevation. All subdivisions shall have regulatory flood protection elevation for
Zoning Administrator. term to describe a longitudinal segment shall be constructed with the water and sewage disposal facilities that the particular area,or permit standards
Subd. C: REGULATORY FLOOD of a stream or river influenced by a longitudinal axis parallel to the direction comply with the provisions of this Or- lower than those required by$tate law.
PROTECTION ELEVATION. The natural or manmade obstruction.In an of flood flow,and, dinance and have road access no lower (4) Hearings. Upon filing with the
Regulatory Flood Protection Elevation urban area,the segment of a stream or ii. So far as practicable, than two feet below the regulatory flood Board of Adjustment of an appeal from a
shall be an elevation no lower than one river between two consecutive bridge structures shall be placed ap- protection elevation. In the general decision of the Zoning Administrator,or
foot above the elevation of the regional crossings would most typically con- proximately on the same flood flow lines Flood Plain District applicants shall an application for a Variance,the Board
flood plus any increases in flood stitute a reach. as those of adjoining structures. provide the information required in shall hold a Public Hearing within 60
elevation caused by encroachments on (14)Regional Flood.A flood which is (d.)Accessory structures shall be Section 320-28, Subd. D (2) and the days.Notice of the Public Hearing shall
thefloodplain. representative of large floods known to flood proofed in accordance with the subdivision shall be evaluated in ac- be published in the official newspaper at
(1) The regulatory flood protection have occurred generally in Minnesota State Building Code. cordance with procedures therein, least 10 days prior to the date of the
elevation within the Floodway and Flood and reasonably characteristic of what d. Storage of Materials and 320-26. PUBLIC UTILITIES, hearing.Notices of the Public Hearing
Fringe Districts shall be established by can be expected to occur on an average Equipment. RAILROADS,ROADS,AND BRIDGES. shall be mailed to those property owners
adding one foot to the Base Flood Water frequency in the magnitude of the 100 (a,)The storage or processing of Subd. A: PUBLIC UTILITIES. All in the affected flood area at least 10 days
/Surface Elevations with Floodway listed year recurrence interval.Regional flood materials that are in time of flooding public utilities and facilities such as gas, prior to the hearing.Failure to receive
in the Floodway Data Table contained in is synonymous with the term base flood buoyant,flammable,explosive,or could electrical, sewer, and water supply such notice shall not invalidate such
the Flood Insurance Study.Regulatory used in the Flood Insurance Study. be injurious to human,animal,or plant systems to be located in the Flood Plain hearing.The Board shall submit to the
flood protection elevations between (15) Regulatory Flood Protection life is prohibited. shall be flood proofed in accordance with Commissioner of Natural Resources a
cross-sections shall be interpolated. Elevation.Set forth in 320.22 Subdivision (b.)Storage of other materials or the State Building Code or elevated to copy of the application for proposed
(2) The regulatory flood protection C. equipment may be allowed if readily above the regulatory flood protection Variances sufficiently in advance so that
elevation within the General Flood Plain (16) Structure. Anything constructed removable from the area within the time elevation. the Commissioner will receive at least 10
District shall be calculated by the City or erected on the ground or attached to available after flood warning. Subd. B: RAILROADS, ROADS, AND days notice of the hearing.
Engineer in accordance with procedures the ground,including,but not limited to, e. Structural Work for Flood Con- BRIDGES.Railroad tracks,roads,and (5)Decisions.The Board shall arrive
in Section 320-28, Subd. D (2) of this buildings, factories, sheds, cabins, trol. Structural works for flood control bridges to be located within the floodway at a decision on such appeal or Variance
ordinance. mobile homes,and other similar items. such as dams, levees, dikes, and shall comply with Section 320-24,Subd.A within 45 days after a Public Hearing is
Subd.D:INTERPRETATION. 320.23. ESTABLISHMENT OF floodwalls shall be allowed only upon (3)a and b of this Ordinance.In all Flood held. In passing upon an appeal the
(1) In the interpretation and ap- ZONING DISTRICTS. The flood plain issuance of a Special Use Permit. In Plain Districts, elevation to the Board may,so long as such action is in
plication, the provisions of this Or- areas within the jurisdiction of this addition,any proposed work in the beds regulatory flood protection elevation conformity with the provisions of this
dinance shall be held to be minimum Ordinance are hereby divided into three of public waters which will change the shall be provided where failure or in- Ordinance,reverse or affirm,wholly or
requirements and shall be liberally Districts: Floodway District (FW), course,current, or cross-section of the terruption of these transportation in part, or modify the order,
construed in favor of the City Council Flood Fringe District(FF),and general waters shall be subject to the provisions facilities would result in danger to the requirement,decision or determination
and shall not be deemed a limitation or Flood Plain District(FP). of Minnesota Statutes 1976,c. 105,and public health or safety or where such appealed from and it shall make its
repeal of any other powers granted by Subd.A: FLOODWAY DISTRICT.The other applicable statutes. facilities are essential to the orderly decision in writing setting forth the
State Statutes. Floodway District shall include those Subd. B: FLOOD FRINGE'DISTRICT functioning of the area. Minor or findings of fact and the reasons for its
(2) The boundaries of the zoning areas designated as floodway in the (FF). auxiliary roads or railroads may be decisions. In granting a Variance the
districts shall be determined by scaling Flood Insurance Study. (1) Permitted Uses. The following'constructed at a lower elevation where Board may prescribe appropriate
distances on the Official Zoning Map. Subd.B: FLOOD FRINGE DISTRICT. uses shall be Permitted Uses within the failure or interruption of service would conditions and safeguards.Violations of
Where interpretation is needed as to the The Flood Fringe District shall include Flood Fringe District to the extent that not endanger the public health or safety. such conditions and safeguards, when
exact location of the boundaries of the those areas designated as floodway they are not prohibited by any other 320-27. MOBILE HOMES AND made a part of the terms under which
district as shown on the Official Zoning ,fringeintheFloodInsuranceStudy. ordinance: MOBILE HOME PARKS. the Variance is granted,shall be deemed
Map, as for example where there ap- Subbed C: GENERAL FLOOD PLAIN a.Any use permitted in Section 320- A. New mobile home parks and ex- a violation of this Ordinance.A copy of
pears to be a conflict between a mapped DISTRICT. The general Flood Plain 24 A(1). pansions to existing mobile home parks all decision granting Variances shall be
boundary and actual field conditions,the District shall include those areas b. Accessory structures provided shall be subject to the provisions placed forwarded to the Commissioner of
City Council shall make the necessary designated as unnumbered A Zones by they comply with the provision of Sec- on subdivisions by Section 320-25. Natural Resources within ten(10)days
interpretation based on elevations on the the Flood Insurance Rate Map. tion 320-24, Subd. A (3) c of this Or- B.Mobile home parks that are located of such action.
regional (100-year) flood profile. The The boundaries of these districts shall be dinance, subject to Building permit in flood plain districts may be replaced (6) Appeal to the City Council and
person contesting the location of the shown on the Official Zoning Map. requirements. only if in compliance with the following District Court. Appeals from any
district boundary shall be given a Within these districts all uses not c. Residence and other structures conditions: decision of the Board may be taken by
reasonable opportunity to present his allowed by the terms of this Ordinance constructed on fill so that the basement 1.The mobile home lies in the Flood any person or persons, jointlyor
case to the City and to submit technical as Permitted Uses or permissable as floor or first floor, if there is no Fringe District. severally,aggrieved by any decisin of
evidence if he so desires. Special Uses shall be prohibited. Lot basement,is at or above the regulatory 2.The mobile home is anchored with the Board, or any taxpayer, officer,
Subd. E: COMPLIANCE.No structure sizes shall be regulated in accordance flood protection elevation, subject to tiedowns that comply with requirements department, board, or bureau of the
or land shall hereafter be used and no with the underlying zoning regulations Building permit requirements. The of Minnesota Regulations Mon 450. municipality to the City Council.
structure shall be located, extended, provided by Section 320-4 of the Zoning finished fill elevation shall be no lower 3.The mobile home owner or renter Subd. D: SPECIAL USES, PERMIT
converted, or structurally altered chapter of the Hugo City Code.- than one (1)foot below.the regulatory is notified that the mobile home site lies FILING.
without full compliance with the terms 320-24. SPECIAL FLOOD-RELATED flood protection elevation and shall in the flood plain and may be subject to (1) All applications for Special Use
of this Ordinance and other applicable DISTRICTS,USE REGULATIONS. extend at such elevation at least fifteen flooding. Permits relating to this Ordinance shall
regulations which apply to uses within Subd.A:FLOODWAYDISTRICT(FW). (15) feet beyond the limitsof any
(1) Permitted Uses. The following 4. The mobile home park owner be handled in accordance with the
the jurisdiction ofthis Ordinance. structure or building erected thereon. develops a flood emergencylan con- normal procedure established by the
Subd. F: ABROGATION, GREATER uses have a low flood damage potential Fill shall be gompacted And the slopes sistent with the time available after a City.The City Clerk shall submit to the
RESTRICTIONS AND REPEAL OF and do not obstruct flood flows.These shall be protected by rip rap ro flood warning. Commissioner of Natural Resources a
INCONSISTENT REGULATIONS.It is uses shall be permitted within the vegetative covering. C. Individual mobile homes not copy of the application for the proposed
not intended by this Ordinance to repeal, Floodway District to the extent that they No use shall be permitted which will located in mobile home parks may be Special Use Permit sufficiently in rmitted if allowed by other applicable vane so that the Commissioner will
ad-
abrogate, or impair any existing are not prohibited by any other or- adversely affect the capacity of chan- pe
easements, convenants, or deed dinance and provided they do not require nels or floodways of any tributary to the ordinances and if they comply with the receive at least 10 days notice of the time
provisions of Section 320-24,Subd.B(1) it will be considered by the City.A copy
of all decisions granting Special Use
restrictions. However, where this Or- structures,fill,or storage of materials, drainage facility or system.
dinance imposes greater restrictions„ or equipment.In addition,no use shall Special Uses. Other uses are per- c•
the provisions of this Ordinance shall adversely affect the capacity of the milted only upon application to the 32028.ADMINISTRATION. Permits shall be forwarded to the
prevail. All other ordinances in- channels or floodways or any tributary Zoning Administrator and the issuance Subd.A:ZONING ADMINISTRATION. Commissioner of Natural Resources
consistent with this Ordinance are to the main stream of of any drainage of a Special Use Permit as provided in A Zoning Administrator designated by within 10 days of such action.
hereby repealed to the extent of the ditch,or any other drainage facility or Section 320-28,Subd.D of this Ordinance the City Council shall administer and (2) Procedures for Evaluating
inconsistency only. system. and subject to the following provisions: enforce this Ordinance. If he finds a Proposed Special Uses Within "the
Subd. G: WARNING AND a.Agricultural uses such as general a. Residences. Where existing violation of the provisions of this Or- General Flood Plain District.
DISCLAIMER OF LIABILITY. This farming,pasture,grazing,outdoor plant streets, utilities, and small lot sizes dinance he shall notify the person a.Upon receipt of an application for
Ordinance does not imply that areas nurseries, horticulture, truck farming, preclude the use of fill,other methods of responsible for such violation,indicating a Special Use Permit for and within the
outside the flood plain districts or land forestry, sod farming, and wild crop elevating the first floor (including the nature of,the violation,and ordering general Flood Plain District, the ap-
uses permitted within such districts will harvesting. basements) above the regulatory flood the action necessary to correct it. plicant shall be required to furnish such
be free from flooding or flood damages. b.Industrial-Commercial uses such protection elevation may be authorized Subd.B:SPECIAL USE PERMIT. of the following information as is
This Ordinance shall not create liability as loading areas, parking areas, and provided that the residence is flood (1) Special Use Permit Required. A deemed necessary by the City for the
on the part of the City of Hugo or any airport landing strips. proofed in accordance with the State Special Use Permit issued by the City determination of the regulatory flood
officer or employee thereof for any flood c. Private and public recreational Building Code. Council in conformity with the protection elevation and whether the
damages that result from reliance on uses such as golf courses,tennis courts, b.No floor or portion-of a residence Provisions of this Ordinance shall be proposed use is the floodway or the flood
this Ordinance or any administrative driving ranges,archery ranges,picnic below the regulatory flood protection secured prior to the erection,addition, fringe.
decision lawfully made thereunder. grounds, boat launching ramps, elevation may be used for human oc- or alteration of any building,structure, i. .A typical valley cross-section
Subd. H: SEVERABILITY. If any swimming areas, parks, wildlife and cupancy. or portion thereof; prior to the use or showing the channel of the stream,
section,clause,provision,or portion of nature preserves, game farms, fish c. Other Structures.-Commercial, change of use of a building„structure,or elevation of land areas adjoining each
this Ordinance is adjudged un- hatcheries, shooting preserves, target manufacturing and industrial struc- land;prior to the change or extension of side of the channel,cross-sectional areas
constitutional or invalid by a court of ranges,trap and skeet ranges,hunting tures shall ordinarily be elevated on fill a Nonconforming Use;and prior to the to be occuppied by the proposed
competent jurisdiction,the remainder of and fishing areas,and hiking and hor- so that their first floor, (including placement of fill or excavation of development, and high water in-
this Ordinance shall not be affected seback riding trails. basement)is above the regulatory flood- materials within the flood plain. formation.
thereby. d. Residential uses such as lawns, protection elevation but may in special (2) Application for Special Use Per- ii. Plan (surface view) showing
Subd. I: DEFINITIONS. Unless gardens,parking areas,and playareas. circumstances be flood proofed in ac- mit.Application for Special Use Permit elevations or contours of the ground;
specifically defined below, words or (2) Special Uses. All structures and cordances with the State Building Code. and Building Permits shall be made in
phrases used in this Ordinance shall be the following open space uses require Structures that are not elevated to above duplicate to the City Clerk on forms
A.A structure or the use of a structure
or premises which was lawful before the
pertinent structure, fill, or storage passage or amendment of this Or-
elevations, size, location; and spatial dinance but which is not in conformity
arrangement 14 all proposed and with the provisions of this Ordinance
existing structures on the site;location may be continued subject to the
and elevations of streets; photographs following conditions:
' showing existing land uses and 1. No such use shall be expanded,
vegetation upstream and.downstream; changed,enlarged,or altered in a way
and soil type. which increases its nonconformity.
iii YProfile showing the slope of the 2. No structural alteration or ad-
bottom of the channel or flow line of the clition to any nonconforming structure
stream for at least 500 feet in either over the life of the structure shall exceed
direction from the proposed develop- 50percent of its market value at the time
ment. of its becoming a Nonconforming Use,
b.One copy of the above information unless the structure is permanently
shall be transmitted to the City Engineer changed to a Conforming Use or unless
for technical assistance in determining the alteration or addition would sub-
whether the proposed use is in the stantially reduce potential flood
floodway or flood fringe and to deter- damages for the entire structure.
mine the regulatory flood protection 3.Any alteration or addition to any
elevation Procedures consistent with Nonconforming Use which would result
Minnesota Regulations NR 86-87 shall be in substantially increasing its flood
followed in this expert evaluation.The damage potential shall be protected in
City Engineer shall: accordance with Section 320-28.Subd.D
i.Estimate the peak discharge of (6)eofthis Ordinance.
the repional flood. 4.If such use is discontinued for 24
u. Calculate the.water surface consecutive months, any future use of
profile of the regional flood based upon a the building premises shall conform to
hydraulic analysis of the stream channel this Ordinance.
and overbank areas. 5. If any Nonconforming Use is
iii. Compute the floodway destroyed by any means, including
necessary to convey the regional flood floods,to an extent of 50 percent or more
without increasing flood stages more of its market value, it shall not be
than 0.5 feet. An equal degree of en- reconstructed except in conformity with
croachment on both sides of the stream the provisions of this Ordinance.
within the reach shall be assumed. However,the City may issue a Special
c. Based upon the technical Use Permit for reconstruction if the use
evaluation of the City Engineer,the City ,is located outside the floodway and,upon
shall determine whether the proposed reconstruction, is adequately flood-
use is in the floodway or flood fringe and proofed, elevated, or otherwise
the regulatory flood protection elevation protected in conformity with Section 320-
at the site. 28,Subd.D(6).
(3).Procedures to be Followed by the 6.Except as provided in Section 320-
City in considering Special Use Permit 29, A, 5, any use which has been per-
Applications
erApplications Within all Flood Plain mitted as a Special Use shall not be
Districts considered as a Nonconforming Use.
a.Require the applicant to furnish 7. Nonconforming Uses located in
such of the following information and the Floodway District shall be
additional information as deemed eliminated or brought into conformity
necessary by the City for determining with the standards contained in this
the suitability of the particular site for Ordinance within a reasonable period of
the proposed use: time as determined by the City,after a
i. Plans in triplicate drawn to hearing for each such Nonconforming
scale showing the nature, location, Use. The City shall make its deter-
dimensions, and elevation of the lot, mination upon the basis of the normal
existing or proposed structures, fill, useful life of any improvement upon the
storage of materials, floodproofing premises. In addition, the monetary
measures, and the relationship of the value of any competitive advantage
above to the location of the channel. derived by the operation of such Non-
ii. Specifications for building conforming Use, by reason of the
construction and materials, flood- limitation on establishment of corn-
proofing, filling, dredging, grading, peting businesses as a result of this
channel improvement, storage of Ordinance, shall be consideredas a
materials, water supply and sanitary reduction of losses resulting from the
facilities. requirements of termination of the use
b. Transmit one copy of the in- under this Ordinance.
formation described in Section 320-28, 8. The Zoning Administrator shall
Subd.D(3)to the City Engineer where prepare a list of those Nonconforming
necessary in evaluating the proposed Uses which have been floodproofed or
project in relation to flood heights and otherwise adequately protected in
velocities, the seriousness of flood conformity with Section 320-28,Subd.D
damage to the use,the adequacy of the (6).He shall present such list to the City
plans for protection,and other technical which may issue a certificate to the
matters. owner stating that such uses,as a result
c. Based un the technical of these corrective measures; are in
evaluation of the City Engineer,the City conformity with the provisions of this
shall determine the specific flood hazard Ordinance.
at the site and evaluate the suitability of 320-30. PENALTIES FOR
the proposed use in relation to the flood VIOLATION.Violation of the provisions
hafard. of this Ordinance or failure to comply
(4) Factors Upon Which the Decision with any of its requirements(including
of the City Shall Be Based. In con- violations of conditions and safeguards
sidering Special Use applications, the established in connection with grants of
City shall consider all relevant factors Variances or Conditional Uses) shall
specified
naified in other sections of this Or- constitute a misdemeanor punishable as
dinance,and: ' provided in Chapter 230 of the Hugo City
a.The danger to life and property Code.Each day such violation continues
due to increased flood heights or shall be considered a separate offense.
velocities caused by encroachments. Nothing herein contained shall
b.The danger that materials may be prevent the City from taking such other
swept onto other lands or downstream to lawful action as is necessary to prevent
the injury of others. or remedy any violation.
c. The proposed water supply and 320-31. AMENDMENTS. The flood
sanitation systems and the ability of plain designation on the Official Zoning
these systems to prevent disease, Map shall not be removed from flood
contamination, and unsanitary con- plain areas unless it can be shown that
ditions. the designation is in error or that the
d.The susceptibility of the proposed area has been filled to at or above the
facility and its contents to flood damage elevation of the regional flood and is
and the effect of such damage on the contiguous to lands outside the flood
individual owner. plain. Special exceptions to this rule
e. The importance of the services may be permitted by the Commissioner
provided by the proposed facility to the of Natural Resources if he determines
community. that,through other measures,lands are
f. The requirements of the facility adequately protected for the intended
for a waterfront location. use.
g. The availability of alternative All amendments to this Ordinance
locations not subject to flooding for the including such amendments to the Of-
proposed use. ficial Zoning Map which relate to flood
h.The compatibility of the proposed plain designation must be submitted to
use with existing development and and approved by the Commissioner of
development anticipated in the Natural Resources prior to adoption.
foreseeable future. Changes in the Official Zoning Map also
i.The relationship of the proposed require prior approval by the Federal,
use to the comprehensive plan and flood Insurance Administration.
plain management program for the 320.32.FEES.
area. a. The fee for the application for
j. The safety of access to the Special Use Permit shall be set by
property in times of flood for ordinary resolution of the City Council.
and emergency vehicles. b. The applicant shall also be
k. The expected heights, velocity, responsible for engineering expenses
duration, rate of rise, and sediment incurred by the City relative to his ap-
transport of the flood waters expected at plication,
the site. Upon adoption, approval, and
1. Such other factors which are publication according to law,the Hugo
relevant to the purposes of this Or- City Code and the Zoning Map will be
dinance. amended to reflect the provisions of this
(5) Time for Acting on Application. Ordinance.
The City shall formally consider an Adopted this 30 day of October,1978.
application in the manner above Voting for:
described with 60 days from receiving Against:
the application,except that where ad- /s/Marvin LaValle
ditional information is required pm-- Mayor
suant to this Ordinance the City may Attest:
provide for an extension.The City shall /s/Carol A.Williams
render a decision with 45 days from the Clerk
formal consideration.
(6)Conditions Attached to Special Use (Published in the Forest Lake Times,
Permits. Upon consideration of the November 22&30,1978.)
factors listed above and the purposes of
this Ordinance,the City may attach such
conditions to the granting of Special Use
Permits as it deems necessary to fulfill
the purposes of this Ordinance. Such
conditions may include, but are not
limited to,the following:
a. Modification of waste disposal
and water supply facilities.
b. Limitations on period of use,
occupancy,and operation.
c. Imposition of operational con-
trols,sureties,and deed restrictions.
d.Requirements for construction of
channel modifications, dikes, levees,
and other protective measures.
e. Flood proofing measures, in
accordance with the State Building
Code.The applicant shall submit a plan
or document certified by a registered
professional engineer or architect that
the flood proofing measures are con-
sistent with the regulatory flood
protection elevation and associated flood
factors for the particular area.
320-29.NONCONFORMING USES.