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Ordinance 142• CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. 14p AN ORDINANCE AMENDING ARTICLE II, ADMINISTRATION AND ENFORCEMENT AND ARTICLE V, FLOOD PLAIN OVERLAY DISTRICT The City Council of the City of Chanhassen ordains: Section 1. Section 18-39 of the Chanhassen City Code is amended by adding subparagraph (f)(8) to read as follows: Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance have road access both the subdivision and to the individual building sites no lower than two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe • boundaries, the Regulatory Flood Protection Elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. Section 2. Section 18-40 of the Chanhassen City Code is amended by adding subparagraph (4)(L) to read as follows: Establish 100 year elevation, Floodway and Flood Fringe District boundaries and regulatory flood protection elevation for the subdivision site. Section 3. Chapter 19 of the Chanhassen City Code is amended by adding Section 19-91. to read as follows: On-site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: (1) on-site water supply systems must be designed to minimize or eliminate infiltra- tion of flood waters into the systems; and (2) new or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharged from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. r03/05/91 • Section 4. Section 20-1 of the Chanhassen City Code is amended by adding the following definitions: Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. Conditional Use - means a specific type of structure or land use listed in the official control that may be allowed, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (1) certain conditions as detailed in the zoning ordinance exist, and (2) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a propor- tionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland of lake that results in the inundation of normally dry areas. • Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood -proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flood, primarily for the reduction or elimination of flood damages. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modi- fication, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Principal Use or Structure - means all uses or structures that are not accessory uses or structures. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the • segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. -2- • Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/ vehicles not meeting the exemption criteria specified in Section 9.31 of the ordinance and other similar items. Variance - means a modification of a specific permitted development standard required in an official control including this ordinance to allow an alternative develop- ment standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. Section 5. Section 20-27 of the Chanhassen City Code is amended to read as follows: (a) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the • appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. (b) The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period 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 a specified period of time not to exceed thirty (30) days. (c) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and • shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, -3- notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. Section 6. Section 20-29, subparagraph (b) of the Chanhassen City Code is amended by adding the following: The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (1) days notice of the hearing. Section 7. Section 20-29, subparagraph (c) of the Chanhassen City Code is amended by adding the following: A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Section S. Section 20-29 of the Chanhassen City Code is amended by adding subparagraph (g) to read as follows: Flood Insurance Notice and Recordkeeping. The Zoning Administrator shall notify the applicant for a variance 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 or $100 of insurance coverage, and (2) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or bi-annual report submitted to the Administrator of the National Flood Insurance Program. Section 9. Section 20-44 of the Chanhassen City Code is amended by adding the following: If the action involves flood plain property, a notice of the decision will be mailed to the Department of Natural Resources. Section 10. Chapter 20 of the Chanhassen City Code is amended by adding Section 20-44 to read: Floodplain. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be • permitted by the Commissioner of Natural Resources if he -4- • determines that, through other measures, lands are adequately protected for the intended use. All amendments to this ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to consider an amendment to this ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. Section 11. Section 20-56 of the Chanhassen City Code is amended by adding the following: No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. Section 12. Section 20-71 of the Chanhassen City Code is amended by adding the following: • An alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques. Section 13. Section 20-73 of the Chanhassen City Code is amended by adding the following: If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. Section 14. Section 20-74 of the Chanhassen City Code is amended by adding subparagraph (c) to read: In the flood plain the cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market value of the structure unless the conditions of this • Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be -5- • calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the structure must meet the standards of Article V, Division 3 and 4, for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. Section 15. Section 20-91, subparagraph (a) of the Chanhassen City Code is amended to read as follows: No person shall erect, construct, alter, enlarge, repair, move or remove, any building or structure or part thereof, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain without first securing a building permit. Section 16. Section 20-91, subparagraph (b) of the Chanhassen City Code is amended by adding the following: State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal • Permits. Section 17. Section 20-91 of the Chanhassen City Code is amended by adding subparagraph (d) to read: Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood - proofing measures shall be certified by a registered professional engineer or registered architect. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and/or alterations additions to structures are flood -proofed. Section 18. Section 20-231 of the Chanhassen City Code is amended by adding the following: The City shall submit by mail to the Commissioner of Natural • Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. • Section 19. Section 20-233, subparagraph (a) of the Chanhassen City Code is amended by adding the following: (7) Modifications of waste treatment and water supply facilities. (8) Limitations on period of use, occupancy, and operation. (9) Imposition of operational controls, sureties, and deed restrictions. Section 20. Section 20-326 of the Chanhassen City Code is amended by changing the last line in the paragraph to read as follows: This district is created and applied in accordance with Minnesota Statutes Chapters 103 F 001-165." Section 21. Chapter 20, Article V, Division 2 of the Chanhassen City Code is amended in its entirety to read: DIVISION 2. GENERAL FLOOD PLAIN DISTRICT. Sec. 20-346. Scope. This division applies to the General Flood Plain District. • Sec. 20-347. Territorial Applicability. The General Flood Plain District includes the entire flood plain and does not differentiate between those areas which are floodway and those areas which are flood fringe. Because of this, the City shall determine whether the proposed use is in the floodway or flood fringe using procedures established in Division 3 of this Article and therefore whether it is allowed or prohibited. Sec. 20-348. Permitted Uses. Permitted uses shall include those uses as permitted by Section 20-366. Manufactured homes and travel trailers/vehicles are prohibited in the general flood plain district. Sec. 20-349. Public Utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in a flood plain shall be flood -proofed in accordance with the state building code or elevated above the regulatory flood protection elevation. Sec. 20-350. Public Transportation Facilities. • Railroad tracks, road and bridges to be located within the Floodway District shall comply with Section 20-366 and 20-376. -7- • Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public safety. Sec. 20-351. Conditional Use Permits. (a) A conditional use permit issued by the City Council in conformity with the provisions of this Chapter shall be secured prior to the erection, addition or alteration of any building, structure or land; prior to the change of a nonconforming use; and prior to the placement of fill or excavation or materials within the flood plain. (b) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the City for the determi- nation of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (3) Profile showing the slope of the bottom of the channel of flow line of the stream for at least 500 feet in either direction from the proposed development. (c) Specifications for building construction and materials, flood -proofing, filling, dredging, grading channel improvement, storage of materials, water supply, and sanitary facilities. Sec. 20-352. Certificate of Zoning Compliance. It shall be unlawful to use, occupy, or permit the use or occupancy of any building until a certificate of zoning compliance shall have been issued by the City stating that the use of the building of land conforms to the requirements of this Chapter. • . Sec. 20-353. Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications shall authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction shall be permitted. Any use, arrangement or construction at variance with that authorized shall be deemed violation of this Article. The applicant shall submit certification by a registered land surveyor that the finished fill and building elevations were completed in compliance with the provisions of this Chapter. Flood proofing measures shall be certified by a registered professional engineer or registered architect. The registered professional engineer or registered architect shall evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the City shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Sec. 20-354. RESERVED. . Sec. 20-355. RESERVED. Section 22. Chapter 20, Article V, Division 3 of the Chanhassen City Code is amended in its entirety to read: DIVISION 3. FLOODWAY DISTRICT (FW). Sec. 20-366. Permitted Uses. The following uses have a low flood damage potential, no increase in flood elevation and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance or watershed district regulations and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use within a floodway district shall be permitted to adversely affect the capacity of the channels or floodways or any tributary to the mainstream or of any drainage ditch, or any other drainage facility or system: (1) Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. • (2) Industrial -commercial uses such as loading areas, parking areas, and airport landing strips. • (3) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential uses such as lawns, gardens, parking areas, and play areas. (5) Manufactured homes, travel trailers/vehicles are prohibited in the floodway district. Sec. 20-367. Conditional Uses. The following open space uses require accessory structures or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a conditional use permit as provided in Section 20-351: (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)Structures accessory to open space uses, provided: (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 flood waters; provided: (i) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and (ii) 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 flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the State Building Code. As an alternative, an • accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory -10- • structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: (i) 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; and (ii) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or property flood proofed. (3) Placement of fill; provided: (a) Any fill deposited in the floodway shall be no more than the minimum necessary for use. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. • (b) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) Fill shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (4) Storage of materials and equipment; provided: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. (5) Levees, dikes, and floodwalls shall not be constructed • within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, -11- • current, or cross-section of a public water shall be subject to the provisions of Minnesota Statutes Chapter 105. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. Sec. 20-368. RESERVED. Sec. 20-369. RESERVED. Section 23. Chapter 20, Article V, Division 4 of the Chanhassen City Code is amended in its entirety to read: DIVISION 4. FLOOD FRINGE DISTRICT (FF). Sec. 20-376. Scope. This division applies to the Flood Fringe (FF) District. Sec. 20-377. Permitted Uses. (a) The following uses shall be permitted within the Flood Fringe District to the extent that they are not prohibited by any other ordinance and watershed district regulation: (1) Any use permitted in Section 20-366. • (2) Structures accessory to a permitted use. (3) Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. (b) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the mainstream, or of any drainage ditch or any other drainage facility or system. (c) Manufactured homes and travel trailers/vehicles are prohibited in the Flood Fringe District. Sec. 20-377.1. Conditional Uses. • Uses that are not permitted or prohibited uses are permitted only upon the issuance of a conditional use permit subject to the following conditions. -12- • (1) Residences. Where existing streets, utilities, an small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory flood protection elevation may be authorized, provided that the residence is flood - proofed in accordance with the Uniform Building Code as adopted and amended by the City. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above -grade and not a structure's basement or lowest floor if: (1) the enclosed area is above -grade on at least one side of the structure; (2) is designed to internally flood and is constructed with flood resistant materials; and (3) used solely for parking of vehicles, building access or storage. The above -grade alternative elevation methods are subject to the following additional standards: (a) Design and Certification. The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equip- ment and other service facilities must be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (b) Specific Standards for Above -Grade, Enclosed Areas. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (i) The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one -foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. -13- That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. (2) Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood -proofed to FP -1 classification in accordance with the Uniform Building Code as adopted and amended by the City. Residential basement construction shall not be allowed below the regulatory flood protection elevation. (3) Nonresidential Structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated • on fill so that their first floor (including basement) is above the regulatory flood protection elevation, but may in special circumstances be dry flood -proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be dry flood -proofed to FP -1 or FP -2 classification as defined by the Uniform Building Code as adopted and amended by the City and this shall require making the structure watertight with • the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. The cumulative placement of fill where at any one time in excess of one -thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this ordinance. The storage of materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. (4) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 20-367(1). (5) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing special flood hazard area • designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and -14- • side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Sec. 20-378. Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation shall not be permitted unless granted a variance. In granting a variance, the City shall specify limita- tions on the period of use or occupancy of the residence. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response • procedures exist. Sec. 20-379. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate is time for evacuation if the area would inundate to a depth greater than two (2) feet or be subject to flood velocities greater than four (4) feet per second upon occurrence of the regional flood. • Sec. 20-380. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set forth above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. Sec. 20-381. RESERVED. Section 24. This ordinance shall be effective immediately upon its passage and publication. PASSED AND ADOPTED by the Chanhassen City Council this 11th day of March , 1991. -15- • ATTEST: _ "IQ Don Ashworth, Clerk/Manager Ddffald J. CYiel, Mayor • • • (Published in the Chanhassen Villager on March 21 , 1991.) -16-