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Ord 556 Amend Code Concerning Floodway DistrictsCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 556 AN ORDINANCE AMENDING TITLE 12, CHAPTER 7, SECTION 4 AND 5 OF THE CITY CODE OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, DAKOTA COUNTY, CONCERNING FLOODWAY DISTRICTS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 12-7 is hereby amended as follows: 12-7-4: FLOODWAY DISTRICT (FW): A. Permitted Uses, Standards For Floodway and Flood Fringe Permitted Uses: 1. Permitted uses shall be 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 use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. B. Conditional Uses: 1. Conditional uses shall be permissible in the underlying zoning district and shall have low flood damage potential. 2. Structures accessory to the uses listed in subsections A and B3 through B8 of this section. 3. Extraction and storage of sand, gravel, and other materials. 4. Marinas, boat rentals, docks, piers, wharves, and water control structures. 5. Railroads, streets, bridges, utility transmission lines, and pipelines. 6. Storage yards for equipment, machinery, or materials. 7. Placement of fill or construction of fences. 8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures. C. Standards for Floodway and Flood Fringe Conditional Uses: 1. All Uses: No structure (temporary or permanent), fill (including fill.for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Procedures And Standards: All floodway and Flood Fringe conditional uses shall be subject to the procedures and standards contained in subsection 12-7-10D of this chapter. 3. Fill: Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shah be preteGted from erosion by vegetative Gover, mulGhing, Fiprap er other acceptable . and Flood Fringe shall not cause a net decrease in storage capacity without providing compensatory storage. This shall be determined by a professional engineer, or satisfied through a no -rise certification. If compensatory storage is needed creation of determined adequate storage shall be created before the proposed fill is placed unless it is demonstrated that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently. b. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain and Flood Fringe shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. c. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway and Flood Fringe unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. d. As an alternative and consistent with subsection C3b of this section, dredge spoil disposal and sand and gravel operations may allow temporary, on site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway and Flood Fringe based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 4. Accessory Structures: a. Accessory structures shall not be designed for human habitation. b. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters: (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP -2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP -3 or FP -4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at its largest projection, and for a detached garage, the detached Ord. 556 Page 2 of 3 garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 12-7-5: FLOOD FRINGE DISTRICT (FF): A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). B. Standards For Flood Fringe Permitted Uses: 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one feet (1') two feet (2') below the regulatory flood protection elevation, unless protection via floodproofing is provided, and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection may be internally floodproofed in accordance with subsection 12-7-4C4 of this chapter. 3. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this twenty first day of April, 2020. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor Lorri Smith, City Clerk Ord. 556 Page 3 of 3