HomeMy WebLinkAboutNo 902 Amending Chapter 44 (Zoning), Article VIII (Floodplain Overlay District)
ORDINANCE NO. 902
AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOODPLAIN
OVERLAY DISTRICT)
The Maplewood City Council approves the following changes to the Maplewood Code of
Ordinances:
This amendment revises portions of the city’s zoning code (Chapter 44) dealing with the
floodplain overlay district (Sections 44-1191 through 44-1209). This amendment also moves
this section of the zoning code in its entirety to the Environment Chapter (Chapter 18) of the city
code.
FLOODPLAIN ORDINANCE
Section 1. Authorization.
The state legislature has in Minnesota Statutes, Chapters 103F and 462, delegated the authority
to local governmental units to adopt regulations designed to lessen flood losses. Minnesota
Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must
participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city
has adopted this ordinance.
Section 2. Purpose.
The purpose of this ordinance is to lessen potential losses due to periodic flooding, including loss
of life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of
commerce and governmental services, extraordinary public payments for flood protection and
relief, and impairment of the tax base. Within the meaning of the National Flood Insurance
Program, all of these adversely affect the public health, safety and general welfare.
Section 3. Liability.
This ordinance does not imply that areas outside the floodplain districts or land uses permitted
within such districts will be free from flooding or 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 decisions lawfully made under this ordinance.
Section 4. Adoption of flood insurance rate map.
Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and the Flood Insurance
Rate Map Panels therein numbered 27123C0038G, 27123C0039G, 27123C0041G,
27123C0042G, 27123C0043G, 27123C0044G, 27123C0065G, 27123C0101G, 27123C0102G,
27123C0110G, 27123C0117G, 27123C0119G, 27123C0130G, and 27123C0140G, all dated
June 4, 2010 and prepared by the Federal Emergency Management Agency (FEMA), are
hereby adopted by reference as the official Floodplain Map and made a part of this ordinance.
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Section 5. Applicability.
(a) This ordinance shall apply to all lands designated as floodplain within the city and has
been revised in 2010 to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as
amended, so as to maintain the city’s eligibility in the National Flood Insurance Program.
(b) Annexations. The Flood Insurance Rate Map panels adopted by reference above may
include floodplain areas that lie outside of the corporate boundaries of the City of
Maplewood at the time of adoption of this ordinance. If any of these floodplain land
areas are annexed into the City of Maplewood after the date of adoption of this
ordinance, the newly annexed floodplain lands shall be subject to the provisions of this
ordinance immediately upon the date of annexation into the City of Maplewood.
(c) 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
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
(d) 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.
Section 6. Interpretation.
The director of community development shall determine the boundaries of the floodplain district by
scaling distances on the official floodplain zoning district map. Where there is a need for
interpretation about the exact location of the boundaries of the floodplain district, the director of
community development shall make the necessary interpretation based on the ground elevations
that existed on the site at the time the city adopted its initial floodplain ordinance or the date of
the first National Flood Insurance Program map that placed the site in the floodplain if earlier.
The director shall make this interpretation based on the elevations of the regional (100-year) flood
profile, if available. If 100-year flood elevations are not available, the city shall:
(a) Require a floodplain evaluation consistent with Sections 11(a) to determine a 100-year
flood elevation for the site; or
(b) Base its decision on available hydraulic/hydrologic or site elevation survey data.
Section 7. Definitions.
Unless specifically defined in this ordinance, the words or phrases used in this ordinance have the
same meaning as they have in common usage. A person shall interpret these words or phrases
to give this ordinance its most reasonable application. The following words, terms and phrases
when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except
where the context clearly indicates a different meaning:
Accessory Use or Structure means a use or structure on the same lot with, and of a nature
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customarily incidental and subordinate to, the principal use or structure.
Basement means any area of a structure, including crawl spaces, having its floor or base
subgrade below ground level on all four sides. This is regardless of the depth of excavation below
ground level.
Director means the director of community development.
Flood fringe means that portion of the floodplain outside the floodway.
Floodplain means the channel or beds proper and the areas adjoining a wetland, watercourse or
lake which a regional flood may have or could hereafter cover. Floodplain areas within the city
shall include all areas shown as Zone A or Zone AE on the flood insurance rate map.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which the regional flood reasonably requires to carry or store
the regional flood discharge.
Lowest floor means the lowest floor of the lowest enclosed area (including basement).
Manufactured home means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home” does not include the term
“recreational vehicle.”
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into
any channel, watercourse, lake bed or regulatory floodplain which may impede, retard or change
the direction of flow in itself or by catching or collecting debris carried by floodwater.
Recreational vehicle means a vehicle that is built on a single chassis, is four hundred (400)
square feet or less when measured at the largest projection, is designed to be self-propelled or
permanently towable by a light duty truck, and is designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Regional flood means a flood which represents the large floods known to have occurred in
Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every
100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Rate Map.
Regulatory flood protection elevation means the elevation no lower than two (2) feet 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.
Structuremeans anything constructed or erected on the ground or attached to the ground or
on-site utilities. This includes, but is not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes or recreational/vehicles not meeting the exemption criteria specified
in Section 19(a)(1) and other similar items.
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Substantial damage means damage of any origin sustained by a structure where the cost of
restoring the structure prior to its damaged condition would equal or exceed fifty (50) percent of
the market value of the structure before the damage occurred.
Substantial improvement means any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market
value of the structure before the “start of construction” of the improvement. This term includes
structures that have incurred “substantial damage,” regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe living
conditions.
(b) Any alteration of an “historic structure,” provided that the alteration will not preclude the
structure’s continued designation as an “historic structure.” For the purpose of this
ordinance, “historic structure” shall be as defined in 44 Code of Federal Regulations,
Part 59.1.
Section 8. Overlay zoning.
A floodplain zoning district shall be considered an overlay zoning district to all existing land use
regulations of the city. The city may allow the uses permitted in this ordinance only if they are
allowed by the underlying zoning district. This ordinance shall apply in addition to other city
regulations and where this ordinance imposes greater restrictions.
Section 9. Compliance.
No person shall use a new structure or land without full compliance with this ordinance. No
person may locate, extend, convert, repair, maintain, or structurally alter a structure without full
compliance with this ordinance. Within the floodway and flood fringe, the city prohibits all uses not
listed as permitted uses in Sections 10 and 11. In addition, the following regulations shall apply:
(a) New manufactured homes, replacement manufactured homes and certain recreational
vehicles are subject to the general provisions of this ordinance and specifically Sections
10, 11, and 19.
(b) The sections of this ordinance regulate changes, modifications, repair and maintenance,
additions, structural alterations or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land.
(c) As stated in Section 14, a person shall use ground surveys to certify as-built elevations for
elevated structures.
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Section 10. Permitted uses and standards.
(a) Permitted Uses. The following uses of land are permitted uses in the floodplain district:
(1) Any use of land which does not involve a structure, a fence, an addition to the
outside dimensions to an existing structure (including a fence) or an obstruction to
flood flows such as fill, excavation, or storage of materials or equipment.
(2) The following activities if they are entirely within the flood fringe:
a) The construction of new structures.
b) The placement or replacement of manufactured homes.
c) Additions to existing structures or obstructions, such as fill or storage of
materials or equipment.
The uses in Subsections (a)(1) and (2) of this Section shall be subject to the development
of standards in Subsection (b) of this section. They are also subject to the floodplain
evaluation criteria in Section 11.
(3) Recreational vehicles as regulated under Section 19.
(b) Standards for floodplain permitted uses. Standards for floodplain permitted uses shall be
as follows:
(1) A person shall compact fill and protect the slopes from erosion by the appropriate
methods. Such methods include the use of containment dikes or levees, riprap,
vegetative cover or other acceptable method. 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 have
specific fill compaction and side slope protection standards for multi-structure or
multi-lot developments. A person should investigate these standards before
starting site preparation if a person wishes to request a change of special flood
hazard area designation.
(2) Storage of materials and equipment shall be in accordance with the following:
a) The city prohibits the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially harmful to human, animal, or
plant life.
b) The city may allow the storage of other materials or equipment if readily
removable from the area within the time available after a flood warning or if
placed on fill at or above the Regulatory Flood Protection Elevation.
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(3) The city shall not permit uses or activities which will adversely affect the capacity of
the channels or floodways of any tributary to the main stream, or of any drainage
ditch, or any other drainage facility or system.
(4) No person shall construct a structure, including accessory structures, additions to
existing structures and manufactured homes on fill unless the lowest floor,
including basement floor, is at or above the Regulatory Flood Protection Elevation.
The finished fill elevation must be no lower than one (1) foot below the Regulatory
Flood Protection Elevation. The finished fill shall extend at such elevation at least
fifteen (15) feet beyond the limits of the structure constructed thereon.
(5) All uses. The city shall not permit uses that do not have vehicular access at or
above an elevation not more than two (2) feet below the Regulatory Flood
Protection Elevation to lands outside the floodplain. The city may permit such uses
if the city council grants a variance. In granting a variance, the city council shall
specify limitations on the period of use or occupancy of the use. The city council
must also determine that adequate flood warning time and local emergency
response and recovery procedures exist before granting such a variance.
(6) Commercial and manufacturing uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower than the Regulatory
Flood Protection Elevation. However, the city shall not grant a permit for such
facilities for use by the employees or the public without a flood warning system that
provides adequate time for evacuation if the area would be inundated in water to a
depth which poses significant hazard to individuals (to a depth and velocity such
that when multiplying the depth \[in feet\] times velocity \[in feet per second\] the
product number exceeds four \[4\] upon occurrence of the regional flood).
(7) On-site sewage treatment and water supply systems. Where the city has not
provided public utilities, then the owner shall conform to the following conditions:
a) A person shall design on-site water supply systems to lessen or eliminate
infiltration of flood waters into the systems; and
b) A person shall design new or replacement on-site sewage treatment
systems to lessen or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters. Such systems shall not
be subject to impairment or contamination during times of flooding. The
city shall determine that any sewage treatment system designed according
to the State's standards to be in compliance with this ordinance.
(8) The owner of a manufactured home must securely anchor it to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable state or
local anchoring code requirements for resisting wind forces.
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Section 11. Floodplain evaluation.
(a) Upon receipt of an application for a permit, manufactured home park development or
subdivision approval within the floodplain district, the director shall require the applicant to
furnish plans and hydrologic/hydraulic analysis by a qualified engineer or hydrologist
specifying the nature of the development. This analysis shall also show whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. The city engineer or hydrologist shall follow procedures
consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200 and 44 Code of
Federal Regulations Part 65. These procedures are to be used during the technical
evaluation and review of the development proposal.
(b) The director shall submit a copy of all information required by subsection (a) of this section
to the area hydrologist with the Department of Natural Resources (DNR). This is for the
DNR’s review and comment. The director shall submit this information at least twenty (20)
days before the city grants a permit or manufactured home park development/subdivision
approval. The director shall notify the respective DNR Area Hydrologist within ten (10)
days after the city grants a permit or approves a manufactured home park
development/subdivision.
Section 12. Utilities and transportation facilities.
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be
constructed according to state floodplain management standards contained in Minnesota Rules
1983 parts 6120.5000 through 6120.6200.
Section 13. Subdivisions and manufactured homes.
(a) No person shall subdivide land or develop or expand a manufactured home park where
the city council has determined the site to be unsuitable. The city council shall make the
determination of unsuitability based on flooding or inadequate drainage, water supply or
sewage treatment facilities. The city council shall review the subdivision/development
proposal. This review is to insure that each lot or parcel contains enough area outside the
floodway for fill placement for elevating structures, sewage systems and related activities.
(b) In the floodplain district, applicants for subdivision approval or development of a
manufactured home park or manufactured home park expansion shall provide the
information required in Section 11(a). The director shall review the proposed subdivision
or manufactured home park development in according to the standards established in this
ordinance.
(c) The applicant for a subdivision in the floodplain shall clearly label the Floodway and Flood
Fringe boundaries on all required application documents and drawings. The applicant
shall also show the Regulatory Flood Protection Elevation and the required elevation of all
access roads and streets on all required application drawings and documents.
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(d) Removal of Special Flood Hazard Area Designation. 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 include specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. A person should investigate these standards if they are requesting a
change to the special flood hazard area before the initiation of site preparation.
Section 14. Administration.
(a) Permit required. A person shall secure a permit issued by the city before doing any of the
following:
(1) the construction, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building or structure.
(2)prior to the construction of a dam, fence, or on-site septic system.
(3) changing the use of a building, structure, or land.
(4) changing, extending or enlarging a nonconforming use.
(5) prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source.
(6) excavating or placing an obstruction within the floodplain.
(b) State and federal permits. Before granting a city permit or processing an application for a
variance, the city shall determine that the applicant has obtained all necessary state and
federal permits.
(c) Certification of lowest floor elevations. The city shall require the applicant to submit
certification by a registered professional engineer, registered architect, or registered land
surveyor about accomplishing the finished fill and building elevations in compliance with
this ordinance. The building official shall maintain a record of the elevation of the lowest
floor (including basement) for all new structures. The building official shall also maintain a
record of lowest floor elevations for alterations or additions to existing structures in the
floodplain district.
(d) Notifications for watercourse alterations. The director shall notify, in riverine situations,
adjacent communities and the DNR prior to the city authorizing any alteration or relocation
of a watercourse. If the applicant has applied for a permit to work in the beds of public
waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice
to the DNR. A copy of said notification shall also be submitted to the Chicago Regional
Office of FEMA.
(e) Notification to FEMA when physical changes increase or decrease the 100-year flood
elevation. As soon as is practicable, but not later than six (6) months after the date, such
supporting information becomes available, the director shall notify the Chicago Regional
Office of FEMA of the changes by submitting a copy of said technical or scientific data.
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Section 15. Variances.
(a) A variance means a change to a specific permitted development standard required in an
official control including this ordinance. This change is to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a particular
property. This is to lessen a hardship, practical difficulty or unique circumstance.
(b) In granting a variance, the city council shall clearly identify in writing the specific conditions
that existed justified the granting of the variance.
(c) The city council may approve variances from this ordinance. To do so, the city council
makes the findings required for a variance in state law. No variance shall allow a use
prohibited in that district or permit a lower degree of flood protection than the Regulatory
Flood Protection Elevation. A person may use a variance to change permissible methods
of flood protection.
(d) The following additional FEMA variance criteria must be satisfied:
(1) Variances shall not be issued by a city within any designated regulatory floodway if
any increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued by a city upon:
a) a showing of good and sufficient cause;
b) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
c) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(e) The director shall submit by mail to the DNR a copy of the application for proposed
variance. The director shall mail such notice at least ten (10) days before the hearing.
The director shall send a copy of all decisions granting a variance by mail to the DNR
within ten (10) days of such action.
(f) Flood insurance notice and record keeping. The director shall let the applicant for a
variance know that:
(1) The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
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(2) Such construction below the 100-year or regional flood level increases risks to life
and property. The city shall maintain such notification with a record of all variance
actions. The city shall maintain a record of all variance actions, including
justification for their issuance. The city shall also report such variances issued in
its annual or biennial report submitted to the administrator of the National Flood
Insurance Program.
Section 16. Nonconformities.
A person may continue to use a structure or premises which was lawful before the passage or
amendment of this ordinance but is not in conformity with this ordinance. Uses are subject to the
following conditions (except for historic structures, as defined in Section 7, which shall be subject
to items (a) through (e) as outlined below only):
(a) No person may expand, change, enlarge, or alter a nonconforming use in a way which
increases its nonconformity.
(b) A structural alteration within the inside dimensions of a nonconforming use or structure
(interior alteration) is permissibleprovided it utilizes flood resistant materials so as not to
result in increasing the flood damage potential of that use or structure. This is allowed
only if it will not result in increasing the flood damage potential of that use or structure.
(c) A structural addition to a structure must be elevated to the regulatory flood protection
elevation in accordance with this ordinance.This is allowed only if it will not result in
increasing the flood damage potential of that use or structure.
(d) The cost of all structural alterations or additions both inside and outside a structure to any
nonconforming structure over the life of the structure shall not exceed fifty (50) percent of
the market value of the structure unless the owner has satisfied the conditions of this
ordinance. The city must calculate the cost of all structural alterations and additions to a
structure since the adoption of the city's initial floodplain controls on July 28, 1986. The
city must calculate these costs into current costs and include all costs such as construction
materials and a reasonable cost placed on all labor. If the current cost of all previous and
proposed alterations and additions exceeds fifty (50) percent of the current market value of
the structure, then the structure must meet the standards of Sections 10 and 11 for new
structures.
(e) If any nonconforming use of a structure or land or nonconforming structure is destroyed by
any means, including floods, to an extent of fifty (50) percent or more of its market value at
the time of destruction, the owner shall not reconstruct it except in conformity with this
ordinance. The city council may issue a permit for reconstruction if the use is not in the
floodway and, upon reconstruction the owner adequately elevates it on fill in conformity
with this ordinance.
(f) If a substantial improvement occurs from any combination of a building addition to the
outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or
other improvement to the inside dimensions of an existing nonconforming building, then
the building addition and the existing nonconforming building must meet the requirements
of Section 10 of this ordinance for new structures, depending upon whether the structure is
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in the floodway or flood fringe, respectively.
Section 17. Penalties for violation.
(a) A violation of the provisions of this ordinance or failure to follow any of its requirements
(including violations of conditions and safeguards established about the granting of
variances) is a misdemeanor.
(b) In responding to an ordinance violation, the city may request that the National Flood
Insurance Program deny flood insurance to the guilty party. The city shall act in good faith
to enforce these official controls and to correct ordinance violations when possible.
(c) When an alleged violation is discovered by or shown to the director, the director shall
investigate the situation. The director shall document the nature and extent of the alleged
violation of the official control. As soon as is possible, the city will submit this information
to the proper DNR and FEMA regional offices. The city will also submit its plan of action to
correct the violation to these agencies.
(d) The director shall notify the suspected party of the pertinent requirements of this ordinance
and all other official controls. The director shall also notify the person in question about
the nature and extent of the suspected violation of these controls. If the structure and/or
use are under construction or development, the director may order the construction or
development immediately halted. This construction or development moratorium shall be in
force until the city grants a permit or approval. If the responsible party has completed the
construction or development, then the director may either:
(1) Issue an order identifying the corrective actions that the responsible party must
make within a specified time to bring the use or structure into compliance with the
official controls; or
(2) Notify the responsible party to apply for an after-the-fact permit/development
approval within 30-days.
If the responsible party does not appropriately respond to the director within the specified
time, each additional day that lapses is an additional ordinance violation. The city may
prosecute such violations accordingly. The director shall also, upon the lapse of the
specified response time, notify the property owner to restore the land to the condition
which existed before the violation of this article.
Section 18. Amendments.
The city shall submit all amendments to this ordinance, including revisions to the official floodplain
zoning district map, to be approved by the Natural Resources Department before adoption. The
city shall not remove the floodplain designation on the official floodplain zoning district map unless
the owner fills the area to an elevation at or above the regulatory flood protection elevation and is
contiguous to lands outside the floodplain. Changes in the official floodplain zoning map must
meet FEMA's technical conditions and criteria and must receive prior FEMA approval before
adoption. The DNR must be given ten (10) days written notice of all hearings to consider an
amendment to this ordinance. This notice shall include a draft of the amendment or technical
study under consideration.
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Section 19. Recreational vehicles.
(a) Recreational vehicles that do not meet the exemption criteria specified in subsection
(a)(1)(a) of this section shall be subject to the provisions of this ordinance. Recreational
vehicles shall also be subject to the conditions listed in the sections below.
(1) Exemption. Recreational vehicles are exempt from the provisions of this ordinance
if their owner places them in any of the areas listed in subsection (a)(1)(b) of this
section and if it meets the following criteria:
a) Have current licenses required for highway use.
b) Are highway ready meaning on wheels or have an internal jacking system
and that the owner has attached it to the site only by quick disconnect type
utilities commonly used in campgrounds and trailer parks. The recreational
vehicle must also not have any permanent structural additions attached to
it.
c) The recreational vehicle and associated use must be an allowed use in the
underlying zoning district.
(2) Areas exempted for placement of recreational vehicles:
a) Individual lots or parcels of record.
b) Existing commercial recreational vehicle parks or campgrounds.
c) Existing condominium-type associations.
(b) Recreational vehicles exempted in subsection (a)(1) of this section lose this exemption
when development occurs on the parcel exceeding five hundred ($500) dollars. This is for
a structural addition to the recreational vehicle or an accessory structure such as a garage
or storage building. The city will then consider the recreational vehicle and all additions
and accessory structures as a new structure. The recreation vehicle shall then be subject
to the elevation requirements and the use of land restrictions specified in this ordinance.
There shall be no development or improvement on the parcel or attachment to the
recreation vehicle that hinders the removal of the recreational vehicle to a flood free
location should flooding occur.
(c) New commercial recreation vehicle parks or campgrounds, new residential type
subdivisions and condominium associations, and the expansion of any existing similar use
exceeding five (5) units or dwelling sites shall be subject to the following conditions:
(1) The city will allow any new or replacement recreational vehicle in the floodway or
flood fringe districts provided the following:
a) The owner places said recreational vehicle and its contents on fill above
the regulatory flood protection elevation following the provisions of Section
11.
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b) Proper elevated road access to the site exists according to Sections 10 and
11.
c) No fill placed in the floodway to meet the requirements of this section shall
increase the flood stages of the regional flood.
(2) As an alternative, the city may allow all new or replacement recreation vehicles not
meeting the criteria of subsection (c)(1) of this section, if such placement is
according to the following:
a) The applicant must submit an emergency plan for the safe evacuation of all
vehicles and people during the 100-year flood. A registered engineer or
other qualified individual shall prepare said plan. Said plan shall show that
adequate time and personnel exist to carry out the evacuation.
b) All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
while flooded they are not impaired or contaminated. The installation of
such facilities shall follow the rules in Section 10(b)(7).
The city council approved the first reading of this ordinance on May 10, 2010.
The city council approved the second reading of this ordinance on May 24, 2010.
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