Agenda - Council - 08/08/2023 - Laserfiche WebLink

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(7) advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (8) Record -keeping. The zoning administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (D) Conditional uses. (1) Processing. An application for a conditional use permit under the provisions of this subdivision will be processed and reviewed in accordance with section 130 of the City Code. (2) 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 928(C)(5). 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 subdivision. Such conditions may include, but are not limited to, the following: (3) Modification of waste treatment and water supply facilities. Limitations on period of use, occupancy, and operation. Imposition of operational controls, sureties, and deed restrictions. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. Floodproofing measures, in accordance with the Minnesota 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. (4) Submittal of hearing notices to the department of natural resources (DNR). The zoning administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (5) a. b. c. d. e. 929 Nonconformities in Floodplains (A) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this subdivision but which is not in conformity with the provisions of this subdivision may be continued subject to the following conditions. Historic structures are subject to the provisions of only subsections (1) through (5) below. (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subsection (2) below. Expansion or enlargement of uses, structures or occupancies within the floodway district is prohibited. (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing Page 129 of 160