Agenda - Council - 10/27/2015 - Laserfiche WebLink

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(a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. These standards go beyond the designated boundaries of floodplains into any land that may be subjected to flooding. If part of a subdivision, these areas most likely may be encumbered by Drainage and Utility Easements, which would prohibit the placement of structures in these areas. As this extends beyond the minimum requirements, Staff has not included this language in the draft Ordinance. A Farm Fence, as defined in 117-1, would require a Zoning Permit but is not considered a structure when administering this Subdivision. City Code presently does allow for certain types of fences to be used strictly for agricultural activities and the raising of livestock. This type of a fence (generally barbless wire secured to posts with or without the capability to carry an electric charge) does not present a barrier to flood flows (unlike privacy fences or even chain link) and thus, Staff has included this language in the draft Ordinance so that it can be used within the Floodway District to enclose pasture/grazing areas. (1) Factors Used in Decision -Making. In passing upon conditional use applications, the City Council will consider all relevant factors specified in other sections of this Subdivision, and those factors identified in Section 117-189 (c)(5). (2) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional 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 treatment 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, compensatory storage, dikes, levees, and other protective measures. e. Floodproofing measures, in accordance with the MN State Building Code and this Subdivision. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. While optional, these provisions help provide guidance for both the City and potential applicants when considering requests for Conditional Use Permits within a floodplain. Staff has included this language in the draft Ordinance under Sec. 117-189 (d)(2) and (3). If any nonconforming use or structure experiences a repetitive loss, as defined above, it must not be reconstructed except in conformity with the provisions of this ordinance. This is optional provision that would require a nonconforming use or structure that experiences damage meeting the definition of Repetitive Loss twice within a 10-year period to either not be reconstructed or be reconstructed only in conformity with provisions within this Subdivision. This goes beyond the minimum standards and thus, Staff has not included this in the draft Ordinance.