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5.2 &/ `� ITEM 1/ 5.2. (( MEMORANDUM tit:: of TO: PLANNING COMMISSION 41k/ STEPHEN ROHLF, BUILDING AND River FROM: ZONING ADMINISTRATOR DATE: FEBRUARY 29, 2000 5ps_. SUBJECT: ORDINANCE AMENDMENT, SECTION 902, FLOODPLAIN MANAGEMENT ORDINANCE, BY THE CITY OF ELK RIVER, CASE# OA 00-3/P.H. The Federal Emergency Management Agency (FEMA) is requiring that the City of Elk River adopt revision to its Floodplain Ordinance. Failure to comply with this order would make people living in Elk River ineligible for flood insurance through the National Flood Insurance Program. Attached to this memo is a copy of Section 902 of the City of Elk River Code of Ordinances titled, "Floodplain Management Ordinance". Language proposed to be added is underlined and language proposed to be deleted has a line through it. • The changes to the city's Floodplain Ordinance are as follows: • Four minor text changes outlined in the attached letter from Ogbazghi Sium, DNR Waters, dated January 18, 2000. The proposed language changes to the city's Floodplain Ordinance will have little affect on the city's administration of this ordinance. • One of the proposed language changes titled, "Establishment of Official Map" causes the city to adopt the most recent floodplain maps. The attached map with the floodplain displayed on it is not the official map, but rather it has been prepared by the City Engineer as a summary of all the various maps to be used as an exhibit for the city's public hearings on this matter. The new maps are basically the same as the previous ones with the exception that Trott Brook and West Twin Lake now officially have floodplain associated with them. The floodplain data associated with these water bodies has been available to the city for quite some time and city staff has been using it to determine where and how low houses can be located so the new maps do not cause any practical change in the city's enforcement of the Floodplain Ordinance. • 13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD&Phone: (612)441-7420 • Fax: (612)441-7425 4..r— 4mioc, �P..s of MINN.. �� Minnesota Department of Natural Resources • m roJ¢ 500 Lafayette Road 42 St.Paul, Minnesota 55155-40_ `NANs;0- January 18, 2000 Mr. Steve Rohlf Building/Zoning Administrator City Hall PO Box 490 Elk River, MN 55330-0490 Dear Mr. Rohlf: CONDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE REVISIONS On November 4, 1999,the Federal Emergency Management Agency advised Mayor Stephanie Klinzing that the proposed revisions to the City of Elk River's Flood Insurance Rate Map II (FIRM) and Flood Insurance Study (FIS) will become effective on May 4, 2000. As of that date, Elk River must amend its floodplain management regulations in accordance with Section 60.3(d) of National Flood Insurance Program (NFIP) Regulations. As State Coordinator for the NFIP, I am writing this letter to offer our assistance in this effort. I will outline below what changes I feel are necessary to bring the City's floodplain ordinance into compliance with state and federal standards. I have coordinated these comments with Mr. Vincent R. Parisi,NFIP coordinator for Minnesota in the FEMA Regional Headquarters in Chicago, IL, and Mr. Larry Kramka, your DNR Waters' Area Hydrologist in Sauk Rapids, Minnesota. Amend Sections 902.02(2&3), 902.02(8)(M), and 902.04(1)(B) as follows: -Amend Section 902.02(2)to read: 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, Sherburne County, Minnesota and Incorporated Areas, prepared by the Federal Emergency Management Agency, dated May 4, 2000, and the Flood Insurance Rate Map panels therein, dated May 4, 2000, and numbered 27141CO270 E, 27141C0360 E, 27141C0370 • E, 27141C0380 E, 27141C0385 E, 27141C0390 E, 27141C0395 E, and 27141C0410 E. The Official Zoning Map shall be on file in the Office of the City Clerk. DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 • 1-800-657-3929 An Equal Opportunity Employer on Recycled Paper Containing a Who Values Diversity Ns Minimum of 10%Post-Consumer Waste ! t January 18, 2000 Page 2 -Amend Section 902.02(3)to read: 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 elevations caused by encroachments on the floodplain that result from designation of a floodway. The Regulatory Flood Protection Elevation for West Twin Lake, which is an approximate A zone without a regional/base flood elevation published by the Federal Emergency Management Agency, shall be elevation 930.1 (National Geodetic Vertical Datum, 1929 Adjustment). 9oZ_PZ. (6) -Amend Section 902.08(8)(M)to read: 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 elevations caused by encroachments on the floodplain that result from designation of a floodway. The Regulatory Flood Protection Elevation for West Twin Lake, which is an approximate A zone without a regional/base flood elevation published by the Federal Emergency Management Agency, shall be elevation 930.1 • (National Geodetic Vertical Datum, 1929 Adjustment). -Amend Section 902.04(1)(B)to read: Flood Fringe District. The Flood Fringe District shall include: i. Those areas designated as Zone AE on the Flood Insurance Rate Map adopted in - Section 2.2 that are located outside of the floodway. ii. Those Zone A areas adjacent to West Twin Lake above the Ordinary High Water Level of 927.1 (National Geodetic Vertical Datum, 1929 Adjustment). You will have noticed by now that FEMA has added what is called an approximate 100 year flood delineation for West Twin Lake which is also called an unnumbered A Zone. Defining the flood fringe district boundary and a regulatory flood protection elevation for West Twin Lake, as I have recommended above, will obviate the need for the city to adopt lengthy and complicated administrative procedures in the ordinance language to do this same thing. The Department of Natural Resources would consider.adoption of the aforementioned proposed ordinance amendments for the City of Elk River as compliant with"Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota." We anticipate that the City will 1111 January 18, 2000 • Page 3 • agree to make these revisions. Consequently, on behalf of the Commissioner of Natural Resources, I hereby conditionally certify state approval of the above-cited ordinance revisions in accordance with Minnesota Statutes, Section 103F. Please note that any changes to our suggested ordinance revisions will require my prior approval before they would be valid. This approval will be final upon DNR Waters' receipt of three (3) certified copies of the formally adopted ordinance revisions cited above and a completed copy the Ordinance Certification Checklist that I have enclosed. Please send these materials to Mr. Kramka at 940 Industrial Drive South, Suite# 103, Sauk Rapids, MN, 56379. Please note also that Elk River is required to send copies of hearing notices and final decisions relating to variances and conditional use permits relating to this ordinance to this Department. Please send these notices directly to Mr. Kramka and rely on him for day-to-day assistance in administering this ordinance. Since Elk River's continued participation in the National Flood Insurance Program is conditioned upon the community maintaining a compliant floodplain ordinance, we will forward a copy of the adopted ordinance revisions to Mr. Parisi. Should you have any questions concerning the necessary ordinance amendments,please contact • Mr. Kramka(320)255-2976. Sincerely, DNR Waters OgDazg Sium, Supervisor Land Use Unit • Enclosure c: Vincent R. Parisi Larry Kramka 110 • ORDINANCE CERTIFICATION CHECKLIST Please sign and return the checklist and all required documents to the DOW area hydrologist's office when completed. 1. Date of published hearing notice. 2. Date of postmark of hearing notice to Commissioner of the Department of Natural Resources/area hydrologist. 3. Date of hearing(s). 4. Date of ordinance adoption. • 5. If ordinance is published in entirety, = date and affidavit of newspaper publication of adopted ordinance. (Include 3 copies.) 6. If only ordinance summary published, • date and affidavit of newspaper publication of ordinance title and summary along with certified copy of adopted ordinance in its entirety and zoning map from Clerk/Auditor. (Include 3 copies.) • 7 Date of official filing of adopted ordinance with County Recorder ( record book number page number). 8. Board of Adjustment/Appeals has been established. *Note: Cities under charter must also submit a list of any additional requirements for hearings, notices etc. stated in their charter. Please specify: Signature of Clerk/Auditor • 4D-1 • SECTION 902 - FLOODPLAIN MANAGEMENT ORDINANCE 902. 00 - STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1 . Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Elk River (the City) , Minnesota does ordain as follows : 2. Findings of Fact. A. Flood Hazard Area Losses. The flood hazard areas of the City of Elk River, 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. B. Methods Used to Analyze Flood Hazards. This 411 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 . 3 . Statement of 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 902 . 00 (2) (a) by provisions contained herein. 902. 02 - GENERAL PROVISIONS 1 . Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe districts . 2 . 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, Sherru ne deunty, Minnesota aI1d Incorporated Areas, Tprepared Cy I is _=dmal Emergency Management A en :V, dated May : , • 2000, and the -i Insurance Rate Mae paneis therein, dated May 9.154 4, 2000, and numbered 2n_ __0!270 E, 27141C0395 E, and 27141C0410 ohruar- 19, 1_ The Official Zoning Map shall be on file in the Office of the City Clerk. 3 . 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 elevations caused by encroachments on the floodplain that result from designation of a floodway. The I' _atory Flood o P] ,te _. `n Elevation on :or West TwinLa]-:e, which is an approximate A _one without a regional/base flood elevation ....shed by the Federal E ie en, J Elanagemdnt Agency,n __._,ll elevation 93L . 9 (National ___.,.e _ `i Datum, I .__ . AjTustment ) . 4 . Interpretation. A. In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Governing Body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes . B. 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 and there is a formal appeal of the decision of the Building and Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 5 . Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions . However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall control. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 6. Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding 9.155 or flood damages. This Ordinance shall not create liability on • the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 7 . 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. 8 . Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as found elsewhere in the City Code, or as they have in common usage and so as to give this Ordinance its most reasonable application. BASEMENT: shall mean any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below around level . CONDITIONAL USE: shall mean a specific type of structure or land use listed in this Ordinance or the City Zoning Ordinance that may be allowed but only after the review procedure provided by Section 900 . 42 of the Zoning Ordinance, and with appropriate • conditions and restrictions, as provided in the Zoning Ordinance or building codes, and upon the findings required by Section 900 . 42 . EQUAL DEGREE OF ENCROACHMENT: shall mean a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows . FLOOD: shall mean a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas . FLOOD FREQUENCY: shall mean the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE: shall mean that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. FLOODPLAIN: shall mean the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 411 FLOOD-PROOFING: shall mean a combination of structural provisions, changes, or adjustments to properties and structures 9.156 subject to flooding, primarily for the reduction or elimination of flood damages. • FLOODWAY: shall mean the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. OBSTRUCTION: shall mean any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain 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. REACH: shall mean a hydraulic engineering term to describe a longitudinal segment; of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. REGIONAL FLOOD: shall mean 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. REGULATORY FLOOD PROTECTION ELEVATION: shall mean 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 floodplain that result from designation of a floodway. STRUCTURE: shall mean anything constructed or erected on the ground or attached to the ground or on-site utilities including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Section 902 . 14 (3) (A) of this Ordinance and other similar items. 902 . 04 - ESTABLISHMENT OF ZONING DISTRICTS. 1 . Districts. The floodplain areas within the jurisdiction of • this Ordinance are hereby divided into two districts: Floodway 9.157 Districts (FW) and Flood Fringe Districts (FF) . The boundaries • of these districts are shown on the Federal Insurance Administration Flood Boundary and Floodway Maps, City of Elk River, Minnesota. A. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 902. 02 (2) . B. Flood Fringe District. The Flood Fringe District shall include: hors arca: „i gna.te-d no ficolwav ___i.nac . Tho I __._d oholl _o.iotitotc thocc ar,.no choun on the 71cod ..._:cu_a e T:atc Map adr tcd in Zc_ ion 992 . 22 ; doing t'._ _. Zone ..2 hut bc_ng _..c..tc>d outride of the Those areas designated as Zone AE on the Floc; Insurance Rate Map adopted in Section 2 .2 than are located outside of the floodway. ii. Those Zone A areas adjacent to West Twin Lake above the Ordinary High Water Level of 927 . 1 National Geodetic Vertical Datum, 192.9 Adjustment) . C. The Zoning Districts as designated on the Zoning Map of the City of Elk River shall remain unchanged with the adoption of this Ordinance. The provisions of this Ordinance, including the designation of Floodplain areas, shall be in addition to all other provisions of the Zoning Ordinance of the City of Elk River. Whenever conflicts occur between other provisions of the Zoning Ordinance and provisions of this Ordinance, the most restrictive provisions shall apply. 2 . Compliance. No new 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. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in Sections 902.06 and 902. 08 that follow, respectively, shall be prohibited. In addition, the following shall apply: A. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Ordinance and specifically Section 902. 14 . B. Modifications, additions, structural alterations or • repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated 9.158 by the general provisions of this Ordinance, specifically Section 902 . 18, and, • C. As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer, architect, or surveyor as specified in the general provisions of this Ordinance, specifically as stated in Section 902 . 16 of this Ordinance. 902. 06 - 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 all permits or authorizations are received as may be required by other City ordinances or regulations of other governmental agencies having jurisdiction. In addition, no use shall adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems, and no use shall adversely affect the quality or quantity of ground water runoff or the quality of the natural environment. A. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. B. Industrial-commercial loading areas, parking areas, and airport landing strips . C. Private and public 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 single or multiple purpose recreational trails . D. Residential lawns, gardens, parking areas, and play areas . 2 . Standards for Floodway Permitted Uses. A. The use shall have a low flood damage potential . B. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or • equipment. 9.159 • 3. Conditional Uses. The following open space uses which require only accessory structures (temporary or permanent) or fill or storage of materials or equipment may be permitted in the Floodway District only upon application to the Building and Zoning Administrator and the issuance of a conditional use permit by the City Council as provided in Section 902 . 16 of this Ordinance. These uses are also subject to the provisions of Section 902 . 06 (4) which applies to all floodway conditional uses : A. Structures accessory to the uses listed in 902 . 06 (1) above and the uses listed in 902 . 06 (3) (b) -902 . 06 (3) (h) below. B. Extraction and storage of sand, gravel, and other materials. C. Marinas, boat rentals, docks, piers, wharves, and water control structures. D. Railroads, streets, bridges, utility transmission lines, and pipelines . E. Storage yards for equipment, machinery, or materials . F. Placement of fill. • G. Travel trailers and travel vehicles subject to the exemptions and provisions of Section 902 . 14 (3) of this Ordinance. H. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4 . Additional Standards for Floodway Conditional 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 a Conditional Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. B. All floodway Conditional Uses shall be subject to the procedures and standards contained in this Ordinance and in • Section 900 . 42 of the City Code. 9.160 C. The Conditional Use shall be permissible in the underlying zoning district. • D. Fill. i. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. ii. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. iii . As an alternative, and consistent with Subsection ii immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the City Council has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available . The Conditional Use Permit shall be recorded in the Office of the County • Recorder. E. Accessory Structures. i . Accessory structures shall not be designed or permitted for human habitation. ii. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters . (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures . iii . Accessory structures shall be elevated on fill or structural dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code . As an alternative, an accessory structure 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 • five-hundred (500) square feet in size, and for a 9161 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, as appropriate: a. 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: and b. Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. F. Storage of Materials and Equipment. i . 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. ii . Storage of other materials or equipment may be allowed if readily removable from the area within • the time available after a flood warning and in accordance with a plan approved by the City. G. 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 Minnesota Statute, Chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway. H. 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 a stream. 902. 08 - FLOOD FRINGE DISTRICT (FF) The Flood Fringe District is established for areas of the floodplain not a part of the watercourse or channel which would not distract from the discharge of a flood, but are subject to backwaters and inundation during flood stage. Limited development may be permitted in this district provided the development is protected from the flood waters . 1 . Permitted Use. Permitted Uses shall be those uses of land • or structures listed as Permitted Uses in the underlying zoning use district (s) . The following uses have a low flood damage 9.162 potential and do not obstruct flood flows. These uses shall be permitted within the Flood Fringe District to the extent they are • not prohibited by any other ordinance and provided all permits or authorizations are received as may be required by other City ordinances or regulations of other governmental agencies having jurisdiction. In addition, no use shall adversely affect the capacity of the channels or floodways of any tributary. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in Section 902 . 08 (2) and the "Standards for all Flood Fringe Uses" listed in Section 902 . 08 (5) . 2 . Additional Standards for Flood Fringe Permitted Uses. A. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. B. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five-hundred (500) square feet for the outside dimension at ground level may be internally flood proofed • in accordance with Section 902 . 06 (4) (e) (iii) . C. The cumulative placement of fill where at any one time in excess of one-thousand (1, 000) cubic yards of fill is located on the parcel shall be allowable only as a Conditional Use, unless said fill is specifically intended to elevate a structure in accordance with Section 902 . 08 (2) (a) of this Ordinance. D. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. E. The provisions of Section 902 . 08 (5) of this Ordinance shall also apply. 3 . Conditional Use. Any structure that is not elevated on fill or flood-proofed in accordance with Section 902 . 08 (2) (a) - 902 . 08 (2) (b) or any use of land that does not comply with the standards in Section 902 . 08 (2) (c) - 902 . 08 (2) (d) , shall only be allowed as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 902 . 08 (4) - Section 902 . 08 (5) , and 902 . 16 (4) of this Ordinance . 4 . Additional Standards for Flood Fringe Conditional Uses. 9.163 • A. 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: i. 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 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 time of flooding. ii. 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: a. The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique, when openings are placed in a structure' s walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one (1) foot above grade. 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. b. 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. 9.164 B. Basements, as defined by Section 902 . 02 (8) (a) of this Ordinance, shall be subject to the following: • i . Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. ii . Nonresidential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 902 . 08 (4) (c) . C. All areas of nonresidential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. D. When at any one time more than one thousand (1, 000) • cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council . The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists . E. Storage of Materials and Equipment. i . 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. • 9.165 ii . Storage of other materials or equipment may • be allowed 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. The provisions of Section 902.08 (5) of this Ordinance shall also apply. 5. Standards for All Flood Fringe Uses. A. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 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 employees or the general public shall not be granted in the absence of a flood warning system that provides adequate • time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. C. Manufacturing and Industrial Uses - Measures shall be taken to minimize interference with normal plant operations especially along 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 902. 08 (5) (B) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas. D. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable methods. 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. 9.166 E. Floodplain developments shall not adversely affect the • hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. F. Standards for travel trailers and travel vehicles are contained in Section 902 . 14 (3) . G. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors . This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. • • 9.167 THIS PAGE LEFT BLANK FOR FUTURE USE • • • 9.168 - NM: Min IIII II l Et. , slia, l.rr�.tr f lI ii, iiri ___Iiii: imi 1E4> 1.1 ��I 116:114 II •�I �„ II 11;:irly,-- a MI Fl --o .'. 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