Agenda - Council - 11/14/2023 - Laserfiche WebLink

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1 h. The compatibility of the proposed use with existing development and development 2 anticipated in the foreseeable future. 3 i. The relationship of the proposed use to the comprehensive land use plan and flood plain 4 management program for the area. 5 j. The safety of access to the property in times of flood for ordinary and emergency 6 vehicles. 7 k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood 8 waters expected at the site. 9 (6) Submittal of hearing notices to the department of natural resources (DNR). The zoning 10 administrator must submit hearing notices for proposed variances to the DNR sufficiently in 11 advance to provide at least ten days'notice of the hearing. The notice may be sent by electronic 12 mail or U.S. Mail to the respective DNR area hydrologist. 13 (7) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be 14 forwarded to the DNR within ten days of such action. The notice may be sent by electronic 15 mail or U.S. Mail to the respective DNR area hydrologist. 16 (8) Record-keeping. The zoning administrator must maintain a record of all variance actions, 17 including justification for their issuance, and must report such variances in an annual or 18 biennial report to the administrator of the National Flood Insurance Program, when requested 19 by the Federal Emergency Management Agency. 20 (D) Conditional uses. 21 (1) Processing. An application for a conditional use permit under the provisions of this subdivision 22 will be processed and reviewed in accordance with section 130 of the City Code. 23 (2) Factors used in decision-making. In passing upon conditional use applications,the city council 24 will consider all relevant factors specified in other sections of this subdivision, and those 25 factors identified in section 928(C)(5). 26 (3) Conditions attached to conditional usepermits. The city council may attach such conditions to 27 the granting of conditional use permits as it deems necessary to fulfill the purposes of this 28 subdivision. Such conditions may include, but are not limited to, the following: 29 a. Modification of waste treatment and water supply facilities. 30 b. Limitations on period of use, occupancy, and operation. 31 C. Imposition of operational controls, sureties, and deed restrictions. 32 d. Requirements for construction of channel modifications, compensatory storage, dikes, 33 levees, and other protective measures. 34 e. Floodproofing measures,in accordance with the Minnesota State Building Code and this 35 subdivision. The applicant must submit a plan or document certified by a registered 36 professional engineer or architect that the floodproofing measures are consistent with 37 the regulatory flood protection elevation and associated flood factors for the particular 38 area. 39 (4) Submittal of hearing notices to the department of natural resources (DNR). The zoning 40 administrator must submit hearing notices for proposed conditional uses to the DNR 41 sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be 42 sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 43 (5) Submittal offinal decisions to the DNR. A copy of all decisions granting conditional uses must 44 be forwarded to the DNR within ten days of such action. The notice maybe sent by electronic 45 mail or U.S. Mail to the respective DNR area hydrologist. 46 47 929 Nonconformities in Floodplains 48 (A) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the 49 passage or amendment of this subdivision but which is not in conformity with the provisions of this 50 subdivision may be continued subject to the following conditions. Historic structures are subject to 51 the provisions of only subsections (1)through(5)below. Page 114 of 141