2016.08.08 PC Meeting Packet
Crystal, Minnesota 55422-1696
Crystal Planning Commission Agenda
Monday, August 8, 2016
7 p.m.
Crystal Community Center (4800 Douglas Drive North)
1. Call to Order
2. Approval of Minutes
a. Monday, July 11, 2016 meeting minutes
3. Public Hearings*
a. Revisions to the City
4. Old Business - None
5. New Business - None
6. General Information
a. City Council actions on previous Planning Commission items: Variance request for 3226
and 3232 Georgia Avenue North
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, September 12, 2016 meeting
7. Open Forum
8. Adjournment
* Items for which supporting materials will be included in the meeting packet.
Page 1 of 2
CRYSTAL PLANNING COMMISSION
DETAILED AGENDA
Monday, August 8, 2016 at 7:00 p.m.
Crystal Community Center
Commissioners, please call 763.531.1142 or
email dan.olson@crystalmn.gov if unable to attend
* Items for which supporting materials are included in the meeting packet
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at ______ p.m. with the
following members present:
Commissioner (Ward 1) Commissioner (Ward 2) Commissioner (Ward 4)
Sears \[Secretary\] Selton Einfeldt-Brown
Commissioner (Ward 1) Commissioner (Ward 3) Commissioner (Ward 4)
Heigel \[Chair\] VonRueden Johnson \[Vice Chair\]
Commissioner (Ward 2) Commissioner (Ward 3) Commissioner (At-Large)
Strand Buck Daly
2. APPROVAL OF MINUTES *
Moved by _______________ and seconded by _______________ to approve the minutes of
the July 11, 2016 regular meeting with the following exceptions:
Motion carried.
3. PUBLIC HEARING
a. floodplain ordinance (City Code Section 515.61)
Staff presented the following:
The following were heard:
Page 2 of 2
Planning Commission discussion:
Moved by _______________ and seconded by _______________ to recommend
______ to the City Council of
Section 515.61) with the following changes:
Motion carried.
4. OLD BUSINESS None
5. NEW BUSINESS - None
6. GENERAL INFORMATION
a. City Council actions on previous Planning Commission items: Variance request for
3226 and 3232 Georgia Avenue North
b. Update from Council Liaison
c. Update on City Code Review Task Force
d. Staff preview of likely agenda items for Monday, September 12, 2016 meeting
7. OPEN FORUM
8. ADJOURNMENT
Moved by _____ and seconded by ______ to adjourn.
Motion carried.
The meeting adjourned at ______ p.m.
Unapproved Planning Commission Minutes July 11, 2016
CRYSTALPLANNING COMMISSION
MINUTES
Monday, July 11, 2016 at 7:00 p.m.
Council Chambers, Crystal City Hall
1. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the
following members present:
X Commissioner (Ward 1) X Commissioner (Ward 2) X Commissioner (Ward 4)
Sears \[Secretary\] Selton Einfeldt-Brown
X Commissioner (Ward 1) X Commissioner (Ward 3) X Commissioner (Ward 4)
Heigel \[Chair\] VonRueden Johnson \[Vice Chair\]
X Commissioner (Ward 2) X Commissioner (Ward 3) X Commissioner (At-
Strand Buck Large) Daly
Other attendees: City Planner Dan Olson, City Council liaison Jeff Kolb, and Mike Kevitt (SVK
Development)
2. APPROVAL OF MINUTES
Moved by Sears and seconded by Strand to approve the minutes of the June 13, 2016 regular
meeting. Ayes all.
Motion carried.
3. PUBLIC HEARING
a. Variance request from SVK Development to reduce the required front setback for two
single-family homes located at 3226 and 3232 Georgia Avenue North.
Planner Dan Olson presented a summary of the staff report, and stated that staff is
recommending approval of the variances with the condition listed in the staff report.
Chair Heigel opened the public hearing. No one from the public spoke. Public hearing
was closed.
Moved by Einfeldt-Brown and seconded by Buck to recommend approval to the City
Council of variances to the front setback for 3226 and 3232 Georgia Avenue North,
contingent upon the condition in the staff report. Ayes all.
Motion carried.
Unapproved Planning Commission Minutes July 11, 2016
5. OLD BUSINESS None
6. NEW BUSINESS - None
7. GENERAL INFORMATION
a. City Council actions on previous Planning Commission item: Conditional Use Permit for
Early Steps Learning Foundation Planner Olson reported that the City Council approved
this CUP on June 21, 2016.
b. Update from Council Liaison Council liaison Kolb informed the Commission that the
Council will be opting out of a new state statute which allows for temporary family health
care dwellings. Cities can opt out of the legislation if they want to create their own
member asked questions rental
housing program, and potential zoning code revisions to
dwelling units.
c. Update on City Code Review Task Force No update was requested.
d. Staff preview of likely agenda items for Monday, August 8, 2016 meeting A public hearing
will be held on the draft flood plain ordinance.
8. OPEN FORUM
No one from the public spoke at this time.
9. ADJOURNMENT
Moved by Daly and seconded by Sears to adjourn.
Motion carried.
The meeting adjourned at 7:30 p.m.
MEMORANDUM
DATE: August 3, 2016
TO: Planning Commission (August 8 meeting)
FROM: Dan Olson, City Planner
SUBJECT: Public Hearing: Zoning Code Text Amendment (2016-07) to
Floodplain Overlay District (City Code Section 515.61)
A. BACKGROUND
In April, 2016, the Federal Emergency Management Agency (FEMA) sent a letter to Hennepin
County cities requiring that all cities update their local floodplain ordinance and map by
November 4, 2016. Communities that fail to adopt an update by November 4 will lose their
ability to participate in the National Flood Insurance Program (NFIP) which allows residents to
purchase flood insurance. City staff has discussed with the City Council and
on July 19, 2016, the Council directed that the Planning Commission hold a public hearing on
the new ordinance. Notice of the August 8 public hearing was published in the Sun Post on
July 28 and mailed to property owners affected by the floodplain map changes (those gray,
green, and red parcels shown on attachment D).
Attachments:
A. Current Floodplain Overlay ordinance (City Code Section 515.16)
B. Proposed Floodplain Overlay ordinance (City Code Section 515.16)
C. Pond areas reviewed as part of the 2010 engineering study (central part of the city)
D. Map showing parcels in the floodplain (central part of the city)
E. Map showing parcels in the floodplain (entire city)
B.DRAFT ORDINANCE AND MAP
The city were last updated in 2004. Attachment A
current ordinance which would be deleted in its entirety and replaced with the proposed
ordinance (attachment B). Periodically FEMA updates the floodplain map based on additional
engineering analysis and then requests that the ordinance and map be updated to reflect this
new information. FEMA has delegated responsibility to the Minnesota Department of Natural
Resources (DNR) to prepare an updated model ordinance and work with the cities to adopt
their respective local update. The new ordinance would not be dramatically different from the
FLOODPLAIN OVERLAY DISTRICT TEXT AMENDMENT
PAGE 1 OF 3
more definitions of terms used in
the ordinance. The following are the main subsections of the new ordinance:
Subd. 1: Establishes the statutory authority and purpose for the ordinance
Subd. 2: Adopts the new floodplain map; definitions of terms used in the ordinance
Subd. 3: Establishes the three flood districts: floodway, floodway fringe, and
general floodplain
Subd. 4: Describes Permitted, Accessory, and Conditional Uses in the floodway
district, and standards for construction
Subd. 5: Describes Permitted, Accessory, and Conditional Uses in the flood fringe
district, and standards for construction
Subd. 6: Describes Permitted Uses in the general floodplain district and steps to
take in determining if properties in the general floodplain are located in the
floodway or flood fringe districts.
Subd. 7: Describes subdividing property within floodplain districts, and approval of
building plans
Subd. 8: Requirements for construction of public utilities, railroads, roads and
bridges within the floodplain
Subd. 9: Requirements for constructing manufactured homes in the floodplain
Subd. 10: Requirements for administering the issuance of permits, variances, and
conditional use permits within the floodplain
Subd. 11: Requirements for nonconformities within the floodplain
Subd. 12: Penalties for violations of the floodplain ordinance
Subd. 13: Describes the process to amend the floodplain map
The city may not significantly deviate from or customize the model ordinance but city staff has
worked with the DNR to tailor this ordinance to Crystal as much as possible.
More significant are the changes to the FEMA floodplain map. In 2010 the city initiated a
floodplain study that included detailed modeling of potential flood elevations in the Memory
Pond area and a comparison to the 2004 FEMA map.
experience with historically high precipitation rain events for which the impact on flooding was
inconsistent with the flood elevations found in the 2004 floodplain map. After completing a
detailed modeling analysis of the central area of the city around the Memory Lane,
Brownwood, Hagermeister, and Gaulke Ponds (shown on attachment C), the study found that
the flood elevation levels could be lowered slightly. After extended correspondence with both
the DNR and FEMA, they s analysis and the lowering of the flood
elevation was incorporated into the 2016 map. The changes to the map in the central area of
the city, as shown on attachment D. The
updated map for the whole city is shown on attachment E.
On the 2004 floodplain map, 332 parcels in Crystal are shown to be within the floodplain in
whole or in part. With the 2016 map update, only 261 parcels are shown to be in the
floodplain. With this map update 71 parcels are being removed from the floodplain and three
parcels are being added to the floodplain (see attachment D). City staff has informed owners
of impacted parcels of the Planning Commission public hearing for the new floodplain
ordinance and map.
FLOODPLAIN OVERLAY DISTRICT TEXT AMENDMENT
PAGE 2 OF 3
Three parcels are identified as being added to the floodplain:
nd
6920 42 Avenue North (existing townhome)
nd
6900 42 Avenue North (existing townhome)
st
6700 41 Avenue North (existing single family home)
For these parcels staff has determined that a small part of the parcel would be in the
floodplain but the homes would not be in the floodplain. This determination was made based
on existing floodplain elevation contour data and proposed property surveys. Staff has met
with all three property owners in person to inform them of this change. None expressed a
desire for the city to field verify this determination or submit a Letter of Map Amendment (see
below) at this time.
Federal law does not require property owners to carry flood insurance. However lenders may
require flood insurance if any part of the property is within the floodplain, even if the building is
not. If any property owner in the city disagrees with determination that their parcel
or their home is in the floodplain, they have the option of requesting a Letter of Map
Amendment (LOMA). For this process city staff would field verify the floodplain elevation for
the existing parcel and home and submit this information to FEMA for their consideration. If
FEMA agrees that the parcel or home is not located in the floodplain based on this more
detailed information, they will issue the LOMA advising the property owner of this change.
C.REQUESTED ACTION
The Planning Commission is asked to make a recommendation to the City Council of revisions
The proposed schedule for adopting a new ordinance is as follows:
Aug. 16 Council considers first reading of ordinance and map
Sep. 6 Council considers second reading and adoption
Sep. 15 Summary of ordinance published
Oct. 15 Effective date of ordinance and map
City Council first reading of the Ordinance is anticipated on August 16, 2016.
FLOODPLAIN OVERLAY DISTRICT TEXT AMENDMENT
PAGE 3 OF 3
Attachment A
Attachment B
CITY OF CRYSTAL
ORDINANCE #2016-____
AN ORDINANCE AMENDING SECTION 515.61 OF THE CRYSTAL
CITY CODE REGARDING FLOODPLAIN REGULATIONS
The City of Crystal ordains:
ARTICLE I. Chapter IV, Section 515.61 is deleted in its entirety and replaced with the
following new floodplain overlay material:
515.61
Floodplain Overlay
Subdivision 1. Statutory Authorization, Findings of Fact and Purpose.
a) Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes, Chapter 103F and Chapter 462 delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
b) Purpose.
1) This subsection regulates development in the flood hazard areas of the City.
These flood hazard areas are subject to periodic inundation, which may result
in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base. It is the purpose of this
subsection to promote the public health, safety, and general welfare by
minimizing these losses and disruptions.
2) National Flood Insurance Program Compliance. This subsection is adopted to
comply with the rules and regulations of the National Flood Insurance
Program codified as 44 Code of Federal Regulations Parts 59 -78, as
Insurance Program.
3) This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect
aquatic and riparian habitat, provide recreational opportunities, provide
aesthetic benefits and enhance community and economic development.
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Subd. 2. General Provisions.
a) How to Use This Subsection. This subsection adopts the floodplain maps
applicable to the City and includes three floodplain districts: Floodway, Flood
1) Where Floodway and Flood Fringe districts are delineated on the floodplain
maps, the standards in Subdivisions 4 or 5 will apply, depending on the
location of a property.
2) Locations where Floodway and Flood Fringe districts are not delineated on
the floodplain maps are considered to fall within the General Floodplain
district. Within the General Floodplain district, the Floodway District
standards in Subdivision 4 apply unless the floodway boundary is determined,
according to the process outlined in Subdivision 6. Once the floodway
boundary is determined, the Flood Fringe District standards in Subdivision 5
may apply outside the floodway.
b) Lands to Which this Subsection Applies. This subsection applies to all lands within
the jurisdiction of the City shown
to the map as being located within the boundaries of the Flood Districts.
1) The Floodway, Flood Fringe and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning districts. The standards
imposed in the overlay districts are in addition to any other requirements in
this subsection. In case of a conflict, the more restrictive standards will apply.
c) Incorporation of Maps by Reference. The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the zoning
map of Crystal, Minnesota and this subsection. The attached material includes the
Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas,
dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated
below, dated November 4, 2016, all prepared by the Federal Emergency
Management Agency. These materials are on file at Crystal City Hall.
Effective Flood Insurance Rate Map panels:
27053C0192F 27053C0203F 27053C0211F 27053C0213F
27053C0194F 27053C0204F 27053C0212F 27053C0214F
d) Regulatory Flood Protection Elevation. The regulatory flood protection elevation
(RFPE) is an elevation no lower than one foot above the elevation of the regional
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flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
e) Interpretation. The boundaries of the Flood Districts are determined by scaling
distances on the Flood Insurance Rate Map.
1) Where a conflict exists between the floodplain limits illustrated on the C
zoning map and actual field conditions, the flood elevations shall be the
governing factor. The Zoning Administrator must interpret the boundary
location based on the ground elevations that existed on the site on the date of
the first National Flood Insurance Program map showing the area within the
regulatory floodplain, and other available technical data.
2) Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Board of Appeals and
Adjustments and to submit technical evidence.
f) Warning and Disclaimer of Liability. This subsection does not imply that areas
outside the floodplain districts or land uses permitted within such districts will be
free from flooding or flood damages. This subsection does not create liability on
the part of the City or its officers or employees for any flood damages that result
from reliance on this subsection or any administrative decision lawfully made
hereunder.
g) Definitions. Unless specifically defined below, words or phrases used in this
subsection must be interpreted according to common usage and so as to give this
subsection its most reasonable application.
1) Base Flood Elevation.
flood
2) Basement. An area of a building, 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.
3) City. The City of Crystal and all territory lying within its boundaries over
which it has jurisdiction.
4) Conditional Use. A specific type of 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:
i) Certain conditions as detailed in the zoning ordinance exist.
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ii) The land use conforms to the comprehensive land use plan and is
compatible with the existing neighborhood.
5) Critical Facilities. F
safety, those that store or produce highly volatile, toxic or water-reactive
materials, and those that house occupants that may be insufficiently mobile to
avoid loss of life or injury. Examples of critical facilities include schools,
daycare facilities, nursing homes, fire and police stations, wastewater
treatment facilities, public electric utilities, water plants, fuel storage facilities,
and waste handling and storage facilities.
6) Development. Any manmade change to improved or unimproved real estate,
including buildings or other structures, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
7) Equal Degree of Encroachment. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
8) Farm Fence. A fence as defined by Minn. Statutes, section 344.02, Subd.
1(a)-(d). An open type fence of posts and wire is not considered to be a
structure under this subsection. Fences that have the potential to obstruct flood
flows, such as chain link fences and rigid walls, are regulated as structures
under this subsection.
9) Flood. A temporary increase in the flow or stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
10) Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
11) Flood Fringe. The portion of the Special Flood Hazard Area (one percent
annual chance flood) located outside of the floodway. Flood fringe is
Study for Hennepin County, Minnesota.
12) Flood Prone Area. Any land susceptible to being inundated by water from
13) Floodplain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional
flood.
14) Floodproofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
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15) Floodway. The bed of a wetland or lake and the channel of a watercourse and
those portions of the adjoining floodplain which are reasonably required to
carry or store the regional flood discharge.
16) Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking
of vehicles, building access, or storage in an area other than a basement area,
not built so as to render the building in violation of the applicable non-
elevation design requirements of 44 Code of Federal Regulations, Part 60.3.
17) Manufactured Home. Manufactured home has the meaning given in
Minnesota Statutes, section
18) New Construction. Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction
commenced on or after the effective date of this subsection.
19) Obstruction. Any, wall, embankment, pile, abutment, projection, excavation,
channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain 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.
20) One Hundred Year Floodplain. L
(see definition).
21) 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.
22) Recreational Vehicle. Recreational vehicle has the meaning given in
Minnesota Statutes, section 168.002. For the purposes of this subsection, the
23) Regional Flood. A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the 1%
chance or 100-year recurrence interval. Regional flood is synonymous with
the term "base flood" used in a flood insurance study.
24) Regulatory Flood Protection Elevation (RFPE). An elevation not less than
one foot above the elevation of the regional flood plus any increases in flood
5
elevation caused by encroachments on the floodplain that result from
designation of a floodway.
25) Repetitive Loss. Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at the
time of each such flood event on the average equals or exceeds 25% of the
market value of the structure before the damage occurred.
26) Special Flood Hazard Area. A term used for flood insurance purposes
27) Start of Construction. Start of construction includes substantial improvement,
and means the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement or other improvement that occurred before
rst placement of
permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a manufactured home on
a foundation. Permanent construction does not include land preparation, such
as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main building. For a
substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
28) Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
29) Substantial Improvement. Within 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 50 percent of the market value of the structure before
This term includes structures
performed. The term does not, however, include either:
i) 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.
6
ii) teration will
defined in 44 Code of Federal Regulations, Part 59.1.
h) Annexations. The Flood Insurance Rate Map panels adopted by reference into
Subdivision 2 above may include floodplain areas that lie outside of the corporate
boundaries of the City at the time of adoption of this subsection. If any of these
floodplain land areas are annexed into the City after the date of adoption of this
subsection, the newly annexed floodplain lands will be subject to the provisions of
this subsection immediately upon the date of annexation.
i) Detachments. The Flood Insurance Rate Map panels adopted by reference into
Subdivision 2 above will include floodplain areas that lie inside the corporate
boundaries of municipalities at the time of adoption of this subsection. If any of
these floodplain land areas are detached from a municipality and come under the
jurisdiction of the City after the date of adoption of this subsection, the newly
detached floodplain lands will be subject to the provisions of this subsection
immediately upon the date of detachment.
Subd. 3. Establishment of Flood Districts
a) Flood Districts.
1) Floodway District. The Floodway District includes those areas within
Zones AE that have a floodway delineated as shown on the Flood Insurance
Rate Map adopted in Subdivision 2. For lakes, wetlands and other basins
within Zones AE that do not have a floodway delineated, the Floodway
District also includes those areas that are at or below the ordinary high water
level as defined in Minnesota Statutes, section 103G.005, subdivision 14.
2) Flood Fringe District. The Flood Fringe District includes areas within
Zones AE that have a floodway delineated on the Flood Insurance Rate Map
adopted in Subdivision 2, but are located outside of the floodway. For lakes,
wetlands and other basins within Zones AE that do not have a floodway
delineated, the Flood Fringe District also includes those areas below the 1%
annual chance (100-year) flood elevation but above the ordinary high water
level as defined in Minnesota Statutes, section 103G.005, subdivision 14.
3) General Floodplain District. The General Floodplain District includes those
areas within Zones A or AE that do not have a delineated floodway as
shown on the Flood Insurance Rate Map adopted in Subdivision 2.
b) Applicability. Within the Flood Districts established in this subsection, the use,
size, type and location of development must comply with the terms of this
subsection and other applicable regulations. In no cases shall floodplain
development adversely affect the efficiency or unduly restrict the capacity of the
7
channels or floodways of any tributaries to the main stream, drainage ditches, or
any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in Subdivisions 4.0, 5.0 and 6.0 are prohibited. In addition, critical
facilities, as defined in Subdivision 2, are prohibited in all Flood Districts.
Subd. 4. Floodway District (FW).
a) Permitted Uses. The following uses, subject to the standards set forth in subsection
b), below, are permitted uses if otherwise allowed in the underlying zoning district
or any applicable overlay district:
1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
2) Industrial-commercial loading areas, parking areas, and airport landing strips.
3) Open space uses, including but not limited to private and public 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, hunting and fishing areas, and single or
multiple purpose recreational trails.
4) Residential lawns, gardens, parking areas, and play areas.
5) Railroads, streets, bridges, utility transmission lines and pipelines, provided
ologist is notified at
least ten days prior to issuance of any permit.
b) Standards for Floodway Permitted Uses.
1) The use must have a low flood damage potential.
2) The use must not obstruct flood flows or cause any increase in flood
elevations and must not involve structures, obstructions, or storage of
materials or equipment.
3) Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the depth
(in feet) multiplied by the velocity (in feet per second) would exceed a
product of four upon occurrence of the regional (1% chance) flood.
c) Conditional Uses. The following uses may be allowed as conditional uses
following the standards and procedures set forth in Subdivision 10 (d) of this
subsection and further subject to the standards set forth in subsection d), below, if
otherwise allowed in the underlying zoning district or any applicable overlay
district.
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1) Structures accessory to the uses listed in Subd. 4 (a), 1 to 3, above, and the
uses listed in Subdivision 4 (c), 2 to 3, of this subsection.
2) Extraction and storage of sand, gravel, and other materials.
3) Marinas, boat rentals, docks, piers, wharves, and water control structures.
4) Storage yards for equipment, machinery, or materials.
5) Placement of fill or construction of fences that obstruct flood flows. Farm
fences, as defined in Subdivision 2, are permitted uses.
6) Levees or dikes intended to protect agricultural crops for a frequency flood
event equal to or less than the 10-year frequency flood event.
d) Standards for Floodway Conditional Uses.
1) All Uses. A conditional use must not cause any increase in the stage of the
1% chance or regional flood or cause an increase in flood damages in the
reach or reaches affected.
2) Fill; Storage of Materials and Equipment.
i) 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.
ii) 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.
iii) Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the 1% percent chance or regional flood
may only be allowed if the City Council has approved a plan that assures
removal of the materials from the floodway based upon the flood
warning time available.
3) Accessory Structures. Accessory structures, as identified in Subdivision 4 (c)
(1), may be permitted, provided that:
i) buildings are not intended for human habitation.
ii) structures will have a low flood damage potential.
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iii) structures will be constructed and placed so as to offer a minimal
obstruction to the flow of flood waters.
iv) Service utilities, such as electrical and heating equipment, within these
buildings must be elevated to or above the regulatory flood protection
elevation or properly floodproofed.
v) Buildings must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the
State Building Code. All floodproofed buildings must be adequately
anchored to prevent flotation, collapse or lateral movement and designed
to equalize hydrostatic flood forces on exterior walls.
vi) As an alternative, an accessory building may be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State
Building Code, provided the accessory building constitutes a minimal
investment and does not exceed 576 square feet in size. Designs for
meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a) To allow for the equalization of hydrostatic pressure, there must be
building, with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding; and
b) There must be openings on at least two sides of the building and
the bottom of all openings must be no higher than one foot above
the lowest adjacent grade to the building. Using human
intervention to open a garage door prior to flooding will not satisfy
this requirement for automatic openings.
4) 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
Minnesota Statutes, section 103G.245.
5) A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
6) Floodway developments must not adversely affect the hydraulic capacity of
the channel and adjoining floodplain of any tributary watercourse or drainage
system.
Subd. 5 Flood Fringe District (FF).
a) Permitted Uses. Permitted uses are those uses of land allowed in the underlying
zoning district(s) that comply with the standards in Subdivision 5 (b).
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b) Standards for Flood Fringe Permitted Uses.
1) All buildings, including accessory buildings, must be elevated on fill so that
the lowest floor, as defined, is at or above the regulatory flood protection
elevation. The finished fill elevation for buildings must be no lower than one
foot below the regulatory flood protection elevation and the fill must extend at
the same elevation at least 15 feet beyond the outside limits of the building.
2) Accessory Buildings. As an alternative to the fill requirements of Subdivision
5 (b) (1), buildings accessory to the uses identified in Subdivision 5 (a) may
be permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code, provided that:
i) the accessory building constitutes a minimal investment, does not
exceed 576 square feet in size, and is only used for parking and storage.
ii) All portions of floodproofed accessory buildings below the Regulatory
Flood Protection Elevation must be: (i) adequately anchored to prevent
flotation, collapse or lateral movement and designed to equalize
hydrostatic flood forces on exterior walls, (ii) be constructed with
materials resistant to flood damage, and (iii) must have all service
utilities be water-tight or elevated to above the regulatory flood
protection elevation.
iii) Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following criteria:
(a) To allow for the equalization of hydrostatic pressure, there must be
the outside walls of the
building, with a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding; and
(b) There must be openings on at least two sides of the building and
the bottom of all openings must be no higher than one foot above
the lowest adjacent grade to the building. Using human
intervention to open a garage door prior to flooding will not satisfy
this requirement for automatic openings.
3) The cumulative placement of fill or similar material on a parcel must not
exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a
building in accordance with Subdivision 5 (b) (1), or if allowed as a
conditional use under Subdivision 5 (c) (3) below.
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4) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
5) All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
6) 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.
7) All fill must be properly compacted and the slopes must be properly protected
by the use of riprap, vegetative cover or other acceptable method.
8) All new principal buildings must have vehicular access at or above an
elevation not more than two feet below the regulatory flood protection
elevation, or must have a flood warning /emergency evacuation plan
acceptable to the City.
9) Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any
facilities used by employees or the general public must be designed with a
flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by
the velocity (in feet per second) would exceed a product of four upon
occurrence of the regional (1% chance) flood.
10) Interference with normal manufacturing/industrial plant operations must be
minimized, especially along streams having protracted flood durations. In
considering permit applications, due consideration must be given to the needs
of industries with operations that require a floodplain location.
11) Manufactured homes and recreational vehicles must meet the standards of
Subdivision 9 of this subsection.
c) Conditional Uses. The following uses and activities may be allowed as conditional
uses, if allowed in the underlying zoning district (s) or any applicable overlay
district, following the procedures in Subdivision 10 (d) of this subsection.
1) Any structure that is not elevated on fill or floodproofed in accordance with
Subdivision 5 (b) (1) and (2) of this subsection.
2) Storage of any material or equipment below the regulatory flood protection
elevation.
3) The cumulative placement of more than 1,000 cubic yards of fill when the fill
is not being used to elevate a building in accordance with Subdivision 5 (b)
(1) of this subsection.
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d) Standards for Flood Fringe Conditional Uses.
1) The standards listed in Subdivision 5 (b) (4) through 5 (b) (10) apply to all
conditional uses.
2) Basements, as defined by Subdivision 2 of this subsection, are subject to the
following:
i) Residential basement construction is not allowed below the regulatory
flood protection elevation.
ii) Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry
floodproofed in accordance with Subdivision 5 (d) (3) of this subsection.
3) All areas of nonresidential buildings, including basements, to be placed below
the regulatory flood protection elevation must be floodproofed in accordance
with the structurally dry floodproofing classifications in the State Building
Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing
classification in the State Building Code, which requires making the building
watertight with the walls substantially impermeable to the passage of water
and with structural components capable of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy.
4) The placement of more than 1,000 cubic yards of fill or other similar material
on a parcel (other than for the purpose of elevating a building to the regulatory
flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
i) The plan must clearly specify methods to be used to stabilize the fill on
site for a flood event at a minimum of the regional (1% chance) flood
event.
ii) The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the City.
iii) The plan may incorporate alternative procedures for removal of the
material from the floodplain if adequate flood warning time exists.
5) Storage of materials and equipment below the regulatory flood protection
elevation must comply with an approved emergency plan providing for
removal of such materials within the time available after a flood warning.
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Subd. 6. General Floodplain District (GF).
a) Permitted Uses.
1) The uses listed in Subdivision 4 (a) of this subsection, Floodway District
Permitted Uses, are permitted uses.
2) All other uses are subject to the floodway/flood fringe evaluation criteria
specified in Subdivision 6 (b) below. Subdivision 4 applies if the proposed
use is determined to be in the Floodway District. Subdivision 5 applies if the
proposed use is determined to be in the Flood Fringe District.
b) Procedures for Floodway and Flood Fringe Determinations.
1) Upon receipt of an application for a permit or other approval within the
General Floodplain District, the Zoning Administrator must obtain, review
and reasonably utilize any regional flood elevation and floodway data
available from a federal, state, or other source.
2) If regional flood elevation and floodway data are not readily available, the
applicant must furnish additional information, as needed, to determine the
regulatory flood protection elevation and whether the proposed use would fall
within the Floodway or Flood Fringe District. Information must be consistent
with accepted hydrological and hydraulic engineering standards and the
standards in Subdivision 6 (b) (3) below.
3) The determination of floodway and flood fringe must include the following
components, as applicable:
i) Estimate the peak discharge of the regional (1% chance) flood.
ii) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
iii) Compute the floodway necessary to convey or store the regional flood
without increasing flood stages more than one-half (0.5) foot. A lesser
stage increase than 0.5 foot is required if, as a result of the stage
increase, increased flood damages would result. An equal degree of
encroachment on both sides of the stream within the reach must be
assumed in computing floodway boundaries.
4) The Zoning Administrator will review the submitted information and assess
the technical evaluation and the recommended Floodway and/or Flood Fringe
District boundary. The assessment must include the cumulative effects of
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previous floodway encroachments. The Zoning Administrator may seek
technical assistance from a designated engineer or other expert person or
agency, including the Department of Natural Resources. Based on this
assessment, the Zoning Administrator may approve or deny the application.
5) Once the Floodway and Flood Fringe District boundaries have been
determined, the Zoning Administrator must process the permit application
consistent with the applicable provisions of Subdivisions 4 and 5 of this
subsection.
Subd. 7. Land Development Standards
a) In General. Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City.
b) Subdivisions. No land may be subdivided which is unsuitable for reasons of
flooding or inadequate drainage, water supply or sewage treatment facilities.
Manufactured home parks and recreational vehicle parks or campgrounds are
considered subdivisions under this subsection.
1) All lots within the floodplain districts must be able to contain a building site
outside of the Floodway District at or above the regulatory flood protection
elevation.
2) All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation, unless a flood warning emergency plan for the safe
evacuation of all vehicles and people during the regional (1% chance) flood
has been approved by the City. The plan must be prepared by a registered
engineer or other qualified individual, and must demonstrate that adequate
time and personnel exist to carry out the evacuation.
3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required
elevation of all access roads must be clearly labeled on all required
subdivision drawings and platting documents.
4) In the General Floodplain District, applicants must provide the information
required in Subdivision 6 (b) of this subsection to determine the regional flood
elevation, the Floodway and Flood Fringe District boundaries and the
regulatory flood protection elevation for the subdivision site.
5) If a subdivision proposal or other proposed new development is in a flood
prone area, any such proposal must be reviewed to assure that:
i) All such proposals are consistent with the need to minimize flood
damage within the flood prone area.
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ii) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage.
iii) Adequate drainage is provided to reduce exposure of flood hazard.
c) Building Sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements (including the placement of
manufactured homes) must be:
1) Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the building resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy.
2) Constructed with materials and utility equipment resistant to flood damage.
3) Constructed by methods and practices that minimize flood damage.
4) Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
Subd. 8. Public Utilities, Railroads, Roads, and Bridges.
a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and
water supply systems to be located in the floodplain must be floodproofed in
accordance with the State Building Code or elevated to the regulatory flood
protection elevation.
b) Public Transportation Facilities. Railroad tracks, roads, and bridges to be located
within the floodplain must comply with Subdivisions 4 and 5 of this subsection.
These transportation facilities must be elevated to the regulatory flood protection
elevation where failure or interruption of these facilities would result in danger to
the public health or 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 health or safety.
c) On-site Water Supply. Where public utilities are not provided on-site water supply
systems must be designed to minimize or eliminate infiltration of flood waters into
the systems and are subject to the provisions in Minnesota Rules Chapter
4725.4350, as amended.
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Subd. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles.
a) Manufactured Homes. New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
1) Placement or replacement of manufactured home units is prohibited in the
Floodway District.
2) If allowed in the Flood Fringe District, placement or replacement of
manufactured home units is subject to the requirements of Subdivision 5 of
this subsection and the following standards.
i) New and replacement manufactured homes must be elevated in
compliance with Subdivision 5 of this subsection and must be securely
anchored 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 requirements for resisting wind forces.
ii) New or replacement manufactured homes in existing manufactured
home parks must meet the vehicular access requirements for
subdivisions in Subdivision 7 (b) (2).
Subd. 10. Administration.
a) Zoning Administrator. A Zoning Administrator or other official designated by the
City must administer and enforce this subsection.
b) Permit Requirements.
1) Permit Required. A permit must be obtained from the Zoning Administrator
prior to conducting the following activities:
i) The erection, addition, modification, rehabilitation, or alteration of any
building, structure, or portion thereof. Normal maintenance and repair
also requires a permit if such work, separately or in conjunction with
other planned work, constitutes a substantial improvement as defined in
this subsection.
ii) The use or change of use of a building, structure, or land.
iii) The construction of a dam, fence, or on-site septic system, although a
permit is not required for a farm fence as defined in this subsection.
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iv) The change or extension of a nonconforming use.
v) The repair of a structure that has been damaged by flood, fire, tornado,
or any other source.
vi) The placement of fill, excavation of materials, or the storage of materials
or equipment within the floodplain.
vii) Relocation or alteration of a watercourse (including new or replacement
culverts and bridges), unless a public waters work permit has been
applied for.
viii)
2) Application for Permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit
application must include the following as applicable:
i) A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an influence
on the permit.
ii) Location of fill or storage of materials in relation to the stream channel.
iii) Copies of any required municipal, county, state or federal permits or
approvals.
iv) Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use.
No building, land or structure may be occupied or used in any manner until
approval has been issued by the Zoning Administrator stating that the use of
the building or land conforms to the requirements of this subsection.
4) Certification. The applicant is 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 subsection. Floodproofing measures must be certified
by a registered professional engineer or registered architect.
5) Record of First Floor Elevation. The Zoning Administrator must maintain a
record of the elevation of the lowest floor (including basement) of all new
buildings and alterations or additions to existing structures in the floodplain.
The Zoning Administrator must also maintain a record of the elevation to
which structures and alterations or additions to structures are floodproofed.
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6) Notifications for Watercourse Alterations. Before authorizing any alteration
or relocation of a stream, the Zoning Administrator must notify adjacent
communities. If the applicant has applied for a permit to work in public
waters pursuant to Minnesota Statutes, section 103G.245, this will suffice as
adequate notice. A copy of the notification must also be submitted to the
Chicago Regional Office of the Federal Emergency Management Agency
(FEMA).
7) Notification to FEMA When Physical Changes Increase or Decrease Base
Flood Elevations. As soon as is practicable, but not later than six months after
the date such supporting information becomes available, the Zoning
Administrator must notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of the relevant technical or scientific data.
c) Variances.
1) Variance Applications. An application for a variance to the provisions of this
subsection will be processed and reviewed in accordance with applicable state
statutes and subsection 515.05 of this Code.
2) Adherence to State Floodplain Management Standards. A variance must not
allow a use that is not allowed 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.
3) Additional Variance Criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
i) Variances must not be issued within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
ii) Variances may only be issued upon (i) a showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) 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.
iii) Variances may only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4) Flood Insurance Notice. The Zoning Administrator must 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 for $100 of insurance coverage; and 2)
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Such construction below the base or regional flood level increases risks to life
and property. Such notification must be maintained with a record of all
variance actions.
5) General Considerations. The City Council may consider the following factors
in granting or denying variances and imposing conditions on variances and
conditional uses in floodplains:
i) The potential danger to life and property due to increased flood heights
or velocities caused by encroachments.
ii) The danger that materials may be swept onto other lands or downstream
to the injury of others.
iii) The proposed water supply and sanitation systems, if any, and the ability
of these systems to minimize the potential for disease, contamination
and unsanitary conditions.
(iv) The susceptibility of any proposed use and its contents to flood damage
and the effect of such damage on the individual owner.
(v) The importance of the services to be provided by the proposed use to the
community.
(vi) The requirements of the facility for a waterfront location.
(vii) The availability of viable alternative locations for the proposed use that
are not subject to flooding.
(viii) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(ix) The relationship of the proposed use to the Comprehensive Land Use
Plan and flood plain management program for the area.
(x) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
(xi) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
6) Submittal of Hearing Notices to the Department of Natural Resources (DNR).
The Zoning Administrator must submit hearing notices for proposed variances
to the DNR sufficiently in advance to provide at le
hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
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7) Submittal of Final Decisions to the DNR. A copy of all decisions granting
variances must be forwarded to the DNR within ten days of such action. The
notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
8) Record-Keeping. The Zoning Administrator must maintain a record of all
variance actions, including justification for their issuance, and must report
such variances in an annual or biennial report to the Administrator of the
National Flood Insurance Program, when requested by the Federal Emergency
Management Agency.
d) Conditional Uses.
1) Administrative Review. An application for a conditional use permit under the
provisions of this subsection will be processed and reviewed in accordance
with Section(s) 515.05 of the zoning code.
2) Factors Used in Decision-Making. In passing upon conditional use
applications, the City Council must consider all relevant factors specified in
other sections of this subsection, and those factors identified in Subdivision 10
(c) (5) subsection.
3) Conditions Attached to Conditional Use Permits. The City Council may
attach such conditions to the granting of conditional use permits as it deems
necessary to fulfill the purposes of this subsection. Such conditions may
include, but are not limited to, the following:
i) Modification of waste treatment and water supply facilities.
ii) Limitations on period of use, occupancy, and operation.
iii) Imposition of operational controls, sureties, and deed restrictions.
iv) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
v) Floodproofing measures, in accordance with the State Building Code
and this subsection. The applicant must submit a plan or document
certified by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular area.
4) Submittal of Hearing Notices to the Department of Natural Resources (DNR).
The Zoning Administrator must submit hearing notices for proposed
conditional uses to the DNR sufficiently in advance to provide at least ten
The notice may be sent by electronic mail or U.S.
Mail to the respective DNR area hydrologist.
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5) Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such
action. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
Subd. 11. Nonconformities.
a) Continuance of Nonconformities. A use, structure, or occupancy of land which was
lawful before the passage or amendment of this subsection but which is not in
conformity with the provisions of this subsection may be continued subject to the
following conditions, except that historic structures, as defined in Subdivision 2 of
this subsection, are exempt from Subdivision 11 (a) (7) of this subsection.
1) A nonconforming use, structure, or occupancy must not be expanded,
changed, enlarged, or altered in a way that increases its flood damage
potential or degree of obstruction to flood flows except as provided in
Subdivision 11 (a) (2) below. Expansion or enlargement of uses, structures or
occupancies within the Floodway District is prohibited.
2) Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential
must be protected to the regulatory flood protection elevation in accordance
with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru
FP4 floodproofing classifications) allowable in the State Building Code,
except as further restricted in Subdivision 11 (a) (3) and Subdivision 11 (a) (7)
below.
3) If the cost of all previous and proposed alterations and additions exceeds 50
percent of the market value of any nonconforming structure, that shall be
considered substantial improvement, and the entire structure must meet the
standards of Subdivision 4 and 5 of this subsection for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively. The cost of all structural alterations and additions must
include all costs such as construction materials and a reasonable cost placed
on all manpower or labor.
4) If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must
conform to this subsection. If the county assessor becomes aware of
nonconformities that have been discontinued for a period of more than one
year, they will let the city know of these instances in writing.
5) If any nonconformity is substantially damaged, as defined in Subdivision 2 of
this subsection, it may not be reconstructed except in conformity with the
provisions of this subsection. The applicable provisions for establishing new
22
uses or new structures in Subdivisions 4 or 5 will apply depending upon
whether the use or structure is in the Floodway or Flood Fringe, respectively.
6) If any nonconforming use or structure experiences a repetitive loss, as defined
in Subdivision 2 of this subsection, it must not be reconstructed except in
conformity with the provisions of this subsection.
7) Any substantial improvement, as defined in Subdivision 2 of this subsection,
to a nonconforming structure requires that the existing structure and any
additions must meet the requirements of Subdivision 4 or 5 of this subsection
for new structures, depending upon whether the structure is in the Floodway
or Flood Fringe District.
Subd. 12. Penalties and Enforcement.
a) Violation Constitutes a Misdemeanor. Violation of the provisions of this subsection
or failure to comply with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances or conditional
uses) constitute a misdemeanor and will be punishable as defined by law.
b) Other Lawful Action. Nothing in this subsection restricts the City from taking such
other lawful action as is necessary to prevent or remedy any violation. If the
responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses will constitute an
additional violation of this ordinance and will be prosecuted accordingly.
c) Enforcement. Violations of the provisions of this ordinance will be investigated
and resolved in accordance with the provisions of Section 515.01 of the zoning
code. In responding to a suspected ordinance violation, the Zoning Administrator
and City Council may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after-the-fact
permits, orders for corrective measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty party. The City
must act in good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the National
Flood Insurance Program.
Subd. 13. Amendments.
a) Floodplain Designation; Restrictions on Removal. The floodplain designation on
shown that the designation is in error or that the area has been filled to or above the
elevation of the regulatory flood protection elevation and is contiguous to lands
outside the floodplain. Special exceptions to this rule may be permitted by the
Commissioner of the Department of Natural Resources (DNR) if the Commissioner
determines that, through other measures, lands are adequately protected for the
intended use.
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b) Amendments Require DNR Approval. All amendments to this subsection must be
submitted to and approved by the Commissioner of the Department of Natural
Resources (DNR) prior to adoption. The Commissioner must approve the
amendment prior to community approval.
c) Map Revisions Require Ordinance Amendments. The floodplain district
regulations must be amended to incorporate any revisions by the Federal
Emergency Management Agency to the floodplain maps adopted in Subdivision 2
of this subsection.
ARTICLE II. This ordinance is effective upon adoption and 30 days after publication.
First Reading: ____________, 2016
Second Reading: __________, 2016
Council Adoption:_________, 2016
Publication:
Effective Date:
BY THE CITY COUNCIL
Jim Adams, Mayor
ATTEST:
____________________________
Christina Serres, City Clerk
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Attachment C
Attachment D