§ 20-351. Conditional use permits.

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 20-387:

(1)

Structures accessory to primary uses listed in subsections 20-348(a)(1)—(3), provided that:

a.

Structures are not intended for human habitation.

b.

Structures will have a low flood damage potential.

c.

Structures will be constructed and placed so as to offer a minimal obstruction to the flow of floodwaters.

d.

Structures must be elevated on fill, open sided or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with subsection 20-385(3) shall be required.

e.

Structures will not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

(2)

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 floodwaters, cause an increase in flood damages, or increase flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

b.

Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with paragraph (2)a, above.

c.

Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

(3)

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 only be allowed if the City of Chanhassen has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

c.

Storage of other materials or equipment must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

(4)

A levee, dike or floodwall, provided:

a.

It must not cause an increase to the one percent chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

b.

It must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

(5)

Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245.

(Ord. No. 636, § 2, 12-10-18)

State law reference

Conditional uses, M.S. § 462.3595.