Agenda - Council Work Session - 09/26/2023

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1 advance to provide at least ten days' notice of the hearing. The notice may be sent by 2 electronic mail or U.S. Mail to the respective DNR area hydrologist. 3 (7) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be 4 forwarded to the DNR within ten days of such action. The notice may be sent by electronic 5 mail or U.S. Mail to the respective DNR area hydrologist. 6 (8) Record -keeping. The zoning administrator must maintain a record of all variance actions, 7 including justification for their issuance, and must report such variances in an annual or 8 biennial report to the administrator of the National Flood Insurance Program, when 9 requested by the Federal Emergency Management Agency. 10 (D) Conditional uses. 11 (1) Processing. An application for a conditional use permit under the provisions of this 12 subdivision will be processed and reviewed in accordance with section 130 of the City Code. 13 (2) Factors used in decision -making. In passing upon conditional use applications, the city council 14 will consider all relevant factors specified in other sections of this subdivision, and those 15 factors identified in section 928(C)(5). 16 (3) Conditions attached to conditional use permits. The city council may attach such conditions 17 to the granting of conditional use permits as it deems necessary to fulfill the purposes of this 18 subdivision. Such conditions may include, but are not limited to, the following: 19 a. Modification of waste treatment and water supply facilities. 20 b. Limitations on period of use, occupancy, and operation. 21 C. Imposition of operational controls, sureties, and deed restrictions. 22 d. Requirements for construction of channel modifications, compensatory storage, dikes, 23 levees, and other protective measures. 24 e. Floodproofing measures, in accordance with the Minnesota State Building Code and 25 this subdivision. The applicant must submit a plan or document certified by a registered 26 professional engineer or architect that the floodproofing measures are consistent with 27 the regulatory flood protection elevation and associated flood factors for the particular 28 area. 29 (4) Submittal of hearing notices to the department of natural resources (DNR). The zoning 30 administrator must submit hearing notices for proposed conditional uses to the DNR 31 sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be 32 sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 33 (5) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must 34 be forwarded to the DNR within ten days of such action. The notice may be sent by electronic 35 mail or U.S. Mail to the respective DNR area hydrologist. 36 37 929 Nonconformities in Floodplains 38 (A) Continuance of non conformities. A use, structure, or occupancy of land which was lawful before the 39 passage or amendment of this subdivision but which is not in conformity with the provisions of this 40 subdivision may be continued subject to the following conditions. Historic structures are subject to 41 the provisions of only subsections (1) through (5) below. 42 (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or 43 altered in a way that increases its flood damage potential or degree of obstruction to flood 44 flows except as provided in subsection (2) below. Expansion or enlargement of uses, 45 structures or occupancies within the floodway district is prohibited. 46 (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that 47 would result in increasing its flood damage potential must be protected to the regulatory 48 flood protection elevation in accordance with any of the elevation on fill or floodproofing Page 129 of 160