HomeMy WebLinkAboutCity Council Ordinance 1992-06PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
CITY OF PLYMOUTH
ORDINANCE NO. 92-06
AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS
AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO FLOOD PLAIN
THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 6, Subdivision A is hereby amended as follows:
SECTION 6 - SPECIAL PROTECTION DISTRICTS
SUBDIVISION A - FLOOD PLAIN OVERLAY DISTRICT
Purpose
The Legislature of the State of Minnesota has in Minnesota Statutes 4469, D.10
103F delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. This Subdivision of the
Plymouth Zoning Ordinance is responsive to the cited Legislative Mandate as
administered by the Commissioner of the Minnesota Department of Natural
Resources and the provisions of the Storm Drainage Plan of the City of
Plymouth.
2. Intent
The regulations contained in this Subdivision are intended to guide
developments in flood plain areas consistent with potential flood threats and
City land needs. Unwise use of flood plain lands causes loss of life and
property, disruption of commerce and governmental services, unsanitary
conditions, and interruption of transportation and communications. Sound land
use development can reduce damages, expenses, and inconveniences and assure
that City lands are put to their most appropriate use. This Subdivision
establishes Flood Plain Overlay Districts ds based upon Flood Insurance Study,
City of Plymouth, Minnesota, (dated November, 1977), and all Flood Insurance
Rate Maps, dated February 19, 1982), Flood Boundary and Floodway Maps (dated
May 15, 1978), and flood profiles published by the United States Department of
Housing and Urban Development, and two technical studies published by
McCombs -Knutson Associates, Inc., entitled: "Reevaluation of Flooding
Potential on a Portion of Plymouth Creek West of Vicksburg Lane (Through the
Proposed R.P.U.D. of Plymouth Hills Estates); Gar -Lar Properties -Plymouth,
Minnesota, November 1982"; and, "Reevaluation of Flooding Potential on a
portion of Plymouth Creek, Plymouth, Minnesota, September, 1982" (37th Avenue
North to Vicksburg Lane). These Studies contain data consistent with standards
established by the Minnesota Department of Natural Resources. The Regulations
contained within this Subdivision are intended to manage areas suitable for
development of varying types as permitted in the Underlying Zoning District.
(Amended by Ord. No. 82-08 and Ord. No. 83-09)
General Provisions
6-1
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
a. Lands to Which Subdivision Applies and Establishment of Regulatory Flood
Protection Elevation
(1) This Subdivision shall apply to all lands within the jurisdiction
of the City of Plymouth located within the Floodway, Flood Fringe
and General Flood Plain District. The Flood Insurance Study for
the City of Plymouth referenced in Paragraph 2 above shall be
attached to and considered a part of the Official Zoning Map and
this Ordinance.
(2) The regulatory flood protection elevation and necessary floodway
areas shall be based first on any applicable data contained in the
Flood Insurance Study for Plymouth referenced in Paragraph 2 above.
In those areas designated as Unnumbered A Zones, the regulatory
flood protection elevation and necessary floodway areas shall be
established by the City Council consistent with the methods
specified in Paragraph 5 of this Subdivision Ordinanee.
Rules for Interpretation of District Boundaries
The Boundaries of the Flood Plain Overlay Districts shall be determined
by scaling distances on the Official Zoning Map. Where interpretation
is needed as to the exact location of the boundaries of the District as
shown on the Official Zoning Map, as for example where there appears to
be a conflict map between a mapped boundary and actual field conditions,
the City Council shall make the necessary interpretation based upon the
applicable flood profile (Plates OlP-05P) or Base Flood Elevation data
contained in the Floodway Data Table (Table 2) in the Flood Insurance
Study, City of Plymouth, Minnesota. The person contesting the location
of the District boundary shall be given a reasonable opportunity to
present his case to the Council and to &ubm4t=h- o including relevant
technical evidence if he se desires as outlined in Paragraph 5 of this
Subdivision.
c. Warning and Disclaimer of Liability
This Ordinance does not imply that areas outside the General Flood Plain
Overlay District boundaries or land uses permitted within such districts
will be free from flooding or flood damages. This Ordinane Subdivision
shall not create liability on the part of the City of Plymouth or any
officer or employee thereof for any flood damages that result from
reliance on this Ordinance Subdivision or any administrative decision
lawfully made thereunder.
Establishment of Zonino Districts
The flood plain areas within the jurisdiction of this e dinanee Subdivision
are hereby divided into three Districts: Floodway District (FW), Flood
Fringe District (FF), and General Flood Plain District (GFP).
The boundaries of those districts shall be generally as shown on the
Official Zoning Map and the final determination to the district boundaries
will be based on all applicable data in the Flood Insurance Study for
Plymouth and assembled pursuant to Paragraph 5 of this Subdivision. N -i4+, n
f
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
hese districts all uses not allowed as permitted uses or permissible as
conditional uses shall be prohibited within these overlay districts.
a. Floodway District. The Floodway District shall include those areas
designated as floodway in the Flood Insurance Study.
(1)
Permitted Uses
The following uses have a low flood damage potential 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 and provided they do not require structures, fill,
or storage of materials or equipment. In addition, no use shall
adversely affect the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or any other
drainage facility or system.
(a) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
(b) Industrial -Commercial uses such as loading areas, parking
areas, and airport landing strips.
(c) 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 hiking and horseback riding trails.
(d) Residential uses such as lawns, gardens, parking areas, and
play areas.
(2) Conditional Uses
No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage or materials or
equipment, or other uses may be allowed as Conditional Uses which,
alone or in combination with existing or reasonable anticipated
future uses, adversely affects the capacity of the floodway or
increases flood heights except as allowed in this Subdivision.
The following open space uses may require accessory structures
(temporary or permanent), or fill or storage of materials or
equipment. These uses may be permitted allowed in the Floodway
District only after the issuance of a Conditional Use Permit as
provided in Paragraph 5 of this Ordinanc Subdivision. These uses
are also subject to the provisions of Paragraph 4 a. (3) paatgrapli
3 which applies to all floodway Conditional Uses.
(a) Structures accessory to open space.
(b) Placement of fill.
6-3
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(c) Extraction of sand, gravel, and other materials, provided a
long term site development plan is submitted which includes an
erosion control and sedimentation prevention element.
(d) Marinas, boat rentals, docks, piers, wharves and water control
structures.
(e) Railroads, streets, bridges, utility transmission lines, and
pipelines.
(f) Storage yards for equipment, machinery, or materials.
(g) Other uses similar in nature to uses described in Paragraph 4
a.(2) which are consistent with the provisions set out in
Paragraphs 1 and 4 a. of this Ordinanee Subdivision.
(h) Structural works for flood control such as dams, levees,
dikes, and floodwalls.
(3) Standards for Floodway Conditional Uses
inerease5 fleed heights. in , All floodway uses
shall be subject to applicable standards of this Ordinance for
the underlying district and floodway Conditional Uses shall be
subject to the standards contained in Paragraph 5 -e-, of this
Subdivision and to the following standards:
(ba) Fill
(i) Any fill deposited in the floodway shall be no more than
the minimal amount necessary to conduct a Conditional Use
listed in Paragraph 4 a. (2). Generally, fill shall be
limited to that needed to grade or landscape for that use
and shall not in any way further obstruct the flow of
flood waters.
(ii) Spoil from dredging or sand and gravel operations shall
not be deposited in the floodway unless it can be done in
accordance with (i) of this paragraph.
(iii) Fill shall be protected from erosion by vegetative cover.
(eb) Accessory Structures (temporary or permanent)
allowed as Conditional Uses by Paragraph 4 a. (2 (�era)tted
(i) Accessory structures shall not be designed for human
habitation.
(ii) Accessory structures shall have a low flood damage
potential.
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(iii) 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.
(i v) Whenever possible, structures shall be constructed with
the longitudinal axis parallel to the direction of the
flood flow.
(v) So far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
(vi) Accessory structures shall be dry flood -proofed in
accordance with the State Building Code.
(dc) Storage of Materials and Equipment. The storage of equipment
or the storage and processing of materials are prohibited;
provided, the City Council may authorize a Conditional Use
Permit for temporary storage and processing equipment and
materials that are readily removable after a flood warning and
that are not, in time of flooding, buoyant, flammable,
explosive, or eauld ba injurious to human, animal, or plant
life when such equipment and materials are necessary for the
maintenance of the flood plain
(ed) Structural Work for Flood Control.
Control. Structural works
ks for flood
co„+^e,� eh—as-daRs, legis, dikes, ate malls shams—h
addition, Any proposed work in the beds of public waters
which will change the course, current, or cross-section of the
waters shall be subject to the provisions of Minnesota
Statutes ��
cmc r 1n5T and ether applicable statutes Rules.
Flood Fringe District. The Flood Fringe District shall include those
areas designated floodway fringe in the Flood Insurance study.
(1) Permitted Uses
The following uses shall be permitted uses within the Flood Fringe
District to the extent that they are not prohibited by any other
ordinance:
(a) Any use permitted in Paragraph 4 a. (1).
(b) Accessory structures provided they comply with the proy4smi
standards of the underlying zoning of Paragraph 4 a.(3)(
(c) Re idennn and ether structures Residential uses allowed by the
underlying zoning district and 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
f4nmished fill elevation shall be fle !ewer than one (1) feet
below the regulatory flood proteel-efl elevation and shal4
6-5
(2)
(3)
PLYMOUTH ZONING ORDINANCE
Cori -inn F Gihrli vici nn
(d) No use shall be permitted which will adversely affect the
capacity of channels or floodways of any tributary to the main
stream, or of any drainage ditch, or any drainage facility or
system.
Conditional 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 Conditional Uses which,
alone or in combination with existing or reasonable anticipated
future uses, adversely affects the capacity of the flood fringe or
increases flood heights except as allowed in this Subdivision.
Other uses, as allowed in the underlying zoning district shall be
allowed in the Flood Fringe are permitted only upon applieatien—te
the Z flg Administrater—and the issuance of a Conditional Use
Permit as provided by this Subdivision. Ordinance and bj-e�
the fellowing These uses are subject to the provisions of
Paragraph 4 b. (3) of this Subdivision:
(a)0pen space accessory uses as set forth in paragraph 4a(2)(a-f)
and other uses similar in nature which are consistent with the
provisions set forth in Paragraphs 1 and 4b of this
Subdivision.
(b) "esideHees. Residential uses allowed by the underlying zoning
district where existing streets, utilities, and small lot
sizes preclude the use of fill. other method of levatina the
(bc) I;emmercial Struetures. Commercial, manufacturing, and
industrial structures sha d uses
allowed in the underlying zoning district and constructed on
fill so that basement floor or t=heir first floor, if there is
no {i-n� basement} is at or above the regulatory flood
protection elevation. but may-in--:Tpe al circumstances be
Standards for All Flood Fringe Uses
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(a) Residential Uses.
(i)All residential uses Residences that not shall have
vehicular access at or above an elevation not more than
two feet below the regulatory flood protection elevation
(ii) Other methods of elevating the first floor (including
basements) above the regulatory flood protection elevation
may be authorized, provided that the residence is dry
flood proofed in accordance with the State Building Code.
(iii) 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 rip -rap or vegetative covering.
(iv) No use shall be allowed which will adversely affect the
hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse, or of any drainage
system, where a floodway or other encroachment limit has
not been specified on the official Zoning Map.
(v) All manufactured homes shall be securely anchored to an
adequately anchored foundation system that resists
flotation, collapse and lateral movement. Anchoring
methods include, but are not limited to, over -the -top or
frame ties to ground anchors as well as applicable
Building Code requirements for resisting wind forces.
(b) Commercial, Manufacturing, and Industrial Uses.
(i) Accessory +and uses allowed by the underlying zoning
district, such as yards, railroad tracks, and parking lots
may be allowed at elevations lower than the Regulatory
Flood Protection Elevation upon demonstration that there
is +1e111�1. , I V 4" it for such faeilitie5 to be used by the
general publie shall not be granted, in the absenee of a
flood warning system that will provides adequate time for
evacuation if the area i -s were inundated to a depth
greater than two feet or subject to flood velocities
greater than four feet per second upon the occurrence of
the regional flood.
(ii) Effective design measures shall be taken to minimize
interference with normal plant operations where there are
streams having protracted flood durations.
6-7
(c)
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(iii) Structures that are not elevated to above regulatory
flood protection elevations shall be dry flood proofed to
FP -1 or FP -2 classification as provided by the State
Building Code.
(iv) Structures with a flood proof design found to be FP -3 or
FP -4 classification are prohibited.
(v) No use shall be allowed which will adversely affect the
hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been
specified on the official zoning map.
(i) Any fill deposited in the flood fringe shall be no more
than the minimal amount necessary to conduct an allowable
use listed in Paragraph 4b of this Subdivision.
Generally, fill shall be limited to that needed to grade
or landscape for the use and shall not in any way further
obstruct the flow of flood waters.
(ii) Spoil from dredging or sand and gravel operations shall
not be deposited in the flood fringe unless it can be done
in accordance with (i) of the paragraph.
(iii) Fill shall be protected from erosion by vegetative cover.
(iv) Fill shall be properly compacted and the slopes shall be
properly protected by use of rip -rap, vegetative cover, or
other acceptable method. Applicable standards of the
Federal Emergency Management Agency (FEMA) shall be met
when any fill section requires a Letter of Map Revision
(LOMR).
(d) Storage of Materials and Equipment. The storage of equipment
or the storage and processing of materials are prohibited;
provided, the City Council may authorize issuance of a
Conditional Use Permit for temporary storage and processing of
equipment and materials that are readily removable after a
flood warning and that are not, in time of flooding, buoyant,
flammable, explosive, or injurious to human, animal or plant
life when such equipment and materials are necessary for the
maintenance of the flood fringe.
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(e) Structural Work for Flood Control. Any proposed work in the
beds of public waters shall be subject to the provisions of
Minnesota Statutes and Rules.
General Flood Plain District (GFP). The General Flood Plain District
shall include those areas designated as Unnumbered A Zones by the Flood
Insurance Rate Map.
(1) Permitted
Permitted uses shall include those uses permitted allowed by
Paragraph 4 a. (2) of this Ordinance. Subdivision subject to the
applicable standards for those uses.
(2) Conditional Uses
All other uses are Conditional Uses and are permitte allowed only
upon the issuance of a sVee4-a4 Conditional Use Permit as provided
in this Ordinance Subdivision. The General Flood Plain District
includes both floodway and flood fringe areas. Based on procedures
in Paragraph 5 c of this Subdivision, the City Council shall
determine whether the proposed use is in the floodway or flood
fringe. If it is determined that the use lies in the floodway, the
provisions of Paragraph 4 a of this O,din anee Subdivision shall
apply. If it is determined the proposed use lies in the flood
fringe, the provisions of Paragraph 4 b shall apply.
Administration
a. Use Permit
(1) Use Permit Required. A Use Permit certifying compliance issued by
the Zoning Administrator in ,.,.nformity with the provisions of this
8rdi-nan Subdivision shall be secured from the Zoning
Administrator prior to the issuance of any permits for the
erection, addition, or alteration of any building, structure, or
portion thereof; prier- to the use or change of use of a building,
structure, or land; priore the change or extension of a
Nonconforming Use; and prier- to the placement of fill or excavation
of materials within the flood plain.
(2) Application for Use Permit. Application for a Use Permit shall be
made in the manner prescribed by the Zoning
Administrator on forms furnished by hi the City and shall include
the following where applicable: plans in duplicate prepared by an
architect or engineer registered in Minnesota, drawn to scale,
showing the nature, location, dimensions, and elevations of the
lot; existing or proposed structures, fill, or storage of
materials; and the location of the foregoing in relation to the
channel.
(3) Construction and Use to be as Provided in Application, Plans and
Permits. Use All Permits an�'� d Conditional Uses issued on the basis
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any
use, arrangement, or construction at variance with that authorized
shall be deemed in violation of this Seetion Subdivision. 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 Ordilanee
Subdivision. Floodproofing measures shall be certified by a
registered professional engineer or registered architect.
(4) State and Federal Permits. Prior to granting a Use Permit or
issuing a permit for development, and prior to processing an
application for a Conditional Use Permit or Variance in the flood
plain overlay districts, the Zoning Administrator shall determine
that the applicant has obtained all necessary State and Federal
Permits.
(5) Record of First Floor Evaluation. The Zoning Administrator shall
maintain a record of the elevation of the first floor (including
basement) of all new 'structures or additions to existing structures
in the flood plain districts. The Zoning Administrator shall also
maintain a record of the elevations to which structures or
additions to structures are floodproofed.
(6) Subdivisions. No land within a floodplain overlay district shall
be subdivided which is held unsuitable by the City Council for
reason of flooding, inadequate drainage, or inadequate 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 disposal facilities that comply with the provisions of this
Ordinance Subdivision and have road access no lower than two feet
below the regulatory flood protection elevation.
In the General Flood Plain District, applicants seeking subdivision
approval shall provide information required in Paragraph 5 (c), and
the City Subdivision Code. The proposed subdivision shall be
evaluated in accordance with the procedures therein. The
regulatory flood protection elevation and the required elevation of
all access roads shall be clearly indicated on all plans and
documents.
Federal Emergency Management Agency standards shall be met by any
proposed subdivision involving fill and where a Letter of Map
Revision (LOMR) is contemplated.
(7) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the
flood plain shall be floodproofed in accordance with the State
Building Code or elevated to above the Regulatory Flood Protection
Elevation.
6-10
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(8) Railroads, Roads, and Bridges. Railroad tracks, roads, and
bridges to be located within the floodway shall comply with this
Ordinance. In all flood plain districts, 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 health or safety or where such
facilities are essential to the orderly functioning of the area.
Minor auxiliary roads and railroads may be constructed at a lower
elevation where failure or interruption of service would not
endanger the public health or safety.
(9) Water Supply and Waste Disposal Systems. Within all flood plain
districts:
(a)All new or replacement water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the
system.
(b)Within all floodplain distriet5 , (1) require All new and
replacement sanitary sewage systems to shall be designed to
minimize or eliminate infiltration of flood waters from the
systems and discharges into the systems into flood waters. and
_(24
(c)AII onsite waste disposal systems l:e shall be located to avoid
impairment to them or contamination from them during flooding.
(IO)Manufactured Homes. Manufactured homes as defined by this Ordinance
shall be prohibited as a permitted, accessory or conditional use in
any of the flood plain overlay districts except where expressly
allowed in underlying zoning districts and as defined regulated by
this Ordinance Subdivision.
Board of AdJustment
(1) The Board shall be constituted and shall consider applications as
provided in Section 11, Subdivision C of this Ordinance and in this
paragraph.
(4 2)Variances. No variance from the terms of this Seetion Subdivision
shall have the effect of allowing in any district uses prohibited
in that district, permit a lower degree of flood protection than
the flood protection elevation for the particular area, or permit
standards lower than those required by State law.
(a) The Board shall state in writing the specific findings made
consistent with the criteria specified in Section 11,
Subdivision C which served as the basis for all variances.
(b) The Zoning Administrator shall notify all persons applying for
a variance that a variance to construct a structure below the
base flood level will result in increased premium rates for
flood insurance coverage, and construction below the 100 -year
or regional flood level increases risks to life and property
according to State and Federal findings.
6-11
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(2 3)Notice of Hearings and Decisions. The Zoning Administrator shall
submit to the Commissioner of Natural Resources a copy of the
application for the proposed Variances er Genditional Uses of from
this Section sufficiently in advance so that the Commissioner of
Natural Resources will receive at least ten days notice of the
hearing. A copy of all decisions granting Variances from ew
Conditional Use Permits of this Section shall be forwarded to the
Commissioner of Natural Resources within ten (10) days of such
action.
c. Procedures for
Determination of
(1) Upon receipt a The application for any L4nditional Use Permit
for a use within the General Flood Plain District, the applicant
shall be required to furnish include such of the following
information as is deemed necessary by the £may council Zoning
Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is in the
floodway or the flood fringe district.
(a) 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.
(b) Plan (surface view) showing elevations or contours of the
ground; pertinent
structures, 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.
(c) Profile showing the slope of the bottom of the channel or flow
line of the stream for at least 500 feet in either direction
from the proposed development.
(2) One copy of the above information shall be transmitted to an
donated engineer or other expert person or agency designated by
the City for technical assistance in determining whether the
proposed use is in the floodway or flood fringe and to determine
the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations *R-86-8-7 1983, Parts 6120.5000-6120.6200
shall be followed in this expert evaluation. The designated
engineer or expert shall:
(a) Estimate the peak discharge of the regional flood.
(b) Calculate the water surface profile of the regional flood
based upon a hydraulic analysis of the stream channel and
overpaying areas.
6-12
IN
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(c) Compute the floodway necessary to convey the regional flood
without increasing flood stages more than 0.5 feet. An equal
degree of encroachment on both sides of the stream within the
reach shall be assumed.
(3) Based upon the technical evaluation of the designated engineer or
expert, the City Council shall determine whether the proposed use
is in the floodway or flood fringe and the regulatory flood
protection elevation at the site. The City Council may, prior to
making a final determination, submit the application and all
supporting data and analyses to other agencies such as the Federal
Emergency Management Agency, the Department of Natural Resources,
and the Planning Commission for review and comment.
Procedures to be followed ; ; the—C+t� in Pas 4i'+ � for
Conditional Use Permit Applications Within All Flood Plain Districts
(1) 12equ-ire The application for a Conditional Use Permit for a use
within the General Flood Plain District shall be made in the manner
prescribed by this ordinance and by the Zoning Administrator on
forms furnished by the City. The application shall include to
furnish such of the following information and additional
information as required by this ordinance and as deemed necessary
by the City`—Council Zoning Administrator for determining the
suitability of the particular site for the proposed use:
(a) Plans rate prepared by an architect or engineer
registered in Minnesota, drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, floodproofing
measures, and the relationship of the above to the location of
the channel.
(b) Specifications prepared by an architect or engineer registered
in Minnesota for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply, and sanitary facilities.
(2) Transmit one copy of the i formati h
(ate.) application to an designated engineer or other expert
person or agency designated by the City for technical assistance,
where necessary in evaluating 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.
(3) Based upon The technical evaluation of the designated engineer or
expert, the Gity Coun ;i shall be considered in the determine
determination of the specific flood hazard at the site and in the
evaluate evaluation of the suitability of the proposed use in
relation to the flood hazard.
6-13
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(4) Applications shall be considered at public hearing which shall be
noticed and conducted as prescribed by this ordinance.
(5) The Zoning Administrator shall submit to the Commissioner of
Natural Resources a copy of the application for the proposed
Conditional Uses allowed by this Subdivision sufficiently in
advance so that the Commissioner will receive at least ten days
notice prior to the hearing. A copy of all decisions granting
Conditional Use Permits shall be forwarded to the Commissioner of
Natural Resources within ten (10) days of such action.
e. Factors Upon Which the Decisions of the City Council Shall be Based
In passing upon Conditional Use applications, the City Council shall
consider all relevant factors specified in other sections of this
Ordinance; and,
(1) The danger to life and property due to increased flood heights or
velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or
downstream to the injury of others.
(3) The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary
conditions.
(4) The susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to
the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding
for the proposed use.
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the Comprehensive Plan and
flood plain management program for the area.
(10) The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(12) Such other factors which are relevant to the purposes of this
Ordinance.
f. Conditions Attached to Conditional Use Permits
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PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
Upon consideration of the factors listed above, the information and
recommendations developed during the review of the application, and the
purposes of this Sec—tion Subdivision, the City Council may attach such
conditions to the granting of Conditional Use Permits as it deems
necessary to further the purposes of this Seetien Subdivision. Among
such conditions without limitation because of specific enumeration may
be included:
(1) Modification of waste disposal and water supply facilities.
(2) Limitations on period of use and operation.
(3) Imposition of operational controls, sureties and deed restrictions
(4) Requirements for construction of channel modifications, dikes,
levees and other protective measures.
(5) Flood proofing measures. Flood proofing measures shall be designed
consistent with the flood protection elevation for the particular
area, flood velocities, durations, rate of rise, hydrostatic and
hydrodynamic forces and other factors associated with the
regulatory flood. The City Council shall require that the
applicant submit a plan or document certified by a registered
professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and
associated flood factors for the particular area. The following
flood proofing measures may be required without limitation because
of specific enumeration:
(a) Anchorage to resist flotation and lateral movement.
(b) Installation of watertight doors, bulkheads, and shutters or
similar methods of construction.
(c) Reinforcement of walls to resist water pressures.
(d) Use of paints, membranes or mortors to reduce seepage of water
through walls.
(e) Addition of mass or weight to structures to resist flotation.
(f) Installation of pumps to lower water levels in structures.
(g) Construction of water supply and waste treatment systems so as
to prevent the entrance of flood water.
(h) Installation of pumping facilities or comparable practices for
subsurface drainage systems for buildings to relieve external
foundation wall and basement floor pressures.
(i) Construction to resist rupture or collapse caused by water
pressure or floating debris.
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PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
(j) Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of
sewage and stormwaters into the buildings or structures.
Gravity draining of basements may be eliminated by mechanical
devices.
(k) Location of any structural storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or other toxic
materials which could be hazardous to public health, safety and
welfare above the flood protection elevation or provisions of
adequate flood proofing to prevent flotation of storage
containers or damage to storage containers which could result
in the escape of toxic materials into flood waters.
Nonconforming Uses and Structures
a. Nonconforming Uses and Structures in the Flood Plain Overlay Districts
shall be subject to Section 12 of this Ordinance unless specifically
provided otherwise in this Paragraph.
a b.1f Any Nonconforming Use or Nonconforming Structure 4-s destroyed by any
means, including floods, to an extent of 50 percent or more of its
assessed value, 4t shall not be reconstructed or restored except in
conformity with the provisions of this Section Subdivision. +lewevePT
The City £ouneil may permit reconstruction of a nonconforming structure
if the use structure is nonconforming only by reason of height, yard, or
area; is located outside the floodway and, upon reconstruction, is of no
greater height, occupies no greater area, and is adequately
floodproofed, elevated or otherwise protected.
t c.Any alteration or addition allowed by this Ordinance to any
Nonconforming Ilse Structure which would result in substantially
increas nge its flood damage potential shall be protected by measures
pursuant to Paragraph 5 f. (1-5) of this Section Subdivision. The
structure shall meet the standards of Paragraph 4a or 4b of this
Subdivision, if it is within the Floodway or Flood Fringe respectively,
if the current cost of all proposed alterations and of all alterations
made to the structure, since the City first adopted Flood Protection
regulations, as calculated by the owner and approved by the Zoning
Administrator, exceed 50 per cent of the current market value of the
structure.
e d.The Zoning Administrator shall f�repafe maintain a 4is-t record of those
Nonconforming Uses which have been floodproofed or otherwise adequately
protected in conformity with Paragraph 5 f. (1-5). He shall present
such list to
tating that such uses as a result of +hes tive measures are -in
conformity wit' the provisions of this Seeti-on-.
Amendments
6-16
PLYMOUTH ZONING ORDINANCE
Section 6, Subdivision A
The flood plain overlay district designation on the zoning maps shall
not be removed from flood plain areas unless it can be shown that the
designation is in error or that the areas are filled to an elevation at
or above the flood protection elevation and are contiguous to other
lands lying outside the flood plain district. Special exceptions to
this rule may be permitted by the Commissioner of Natural Resources if
he determines it is determined that, through other measures, lands are
protected adequately for the intended uses.
All amendments to this Seetien
Flood Plain Overlay Districts
submitted to and approved by the
to adoption. Changes to the
Official Zoning Map alse—require
Administrate r shall meet the
(FEMA) Technical Conditions and
before adoption by the City.
Subdivision including amendments to the
of the Official Zoning Map must be
Commissioner of Natural Resources prior
Flood Plain Overlav Districts of the
Federal Emergency Management Agency's
Criteria and shall receive FEMA approval
The Commissioner of Natural Resources shall be notified of public
hearings to consider amendments at least ten days prior to the hearing.
The notice shall include a copy of the proposed amendment and related
technical study under consideration.
8. Violations and Penalties
Violations of this Subdivision and penalties therefor shall be
administered in the manner set forth in Section 11, Subdivision H of
this Ordinance.
The Zoning Administrator shall send information resulting form
investigation of violations of this Subdivision to the Commissioner of
Natural Resources for distribution to the appropriate state and federal
offices.
Section 2. Effective Date. This ordinance shall take effect upon its
passage and publication.
Adopted by the City Council this 16th day of March, 1992.
ATTEST.
da"�,C�z
City Cle k
1 M„
Published: Plymouth Sun Sailor 3-2S-92.
6-17