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HomeMy WebLinkAboutCity Council Ordinance 1978-10CITY OF PLYMOUTH ORDINANCE NO. 78-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS WITHIN THE CORPORATE LIMITS AS FLOOD PLAIN DISTRICTS THE CITY COUNCIL. OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Ordinance. Ordinance No. 78-2 of the City of Plymouth, adopted January 9, 1978 and known as the Plymouth Zoning Ordinance is hereby amended by changing Section 6 and the classifications on the City of Plymouth Zoning Map as follows: ji i SECTION 6 FLOOD PLAIN OVERLAY DISTRICT !s Subdivision 1. Purpose. The legislature of the State of Minnesota has in Minnesota Statutes 1969, D.104 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. This Section 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 _he provisions of the Storm Drainage Plan of the City of Plymouch. Subdivision 2. Intent. The regulations contained in this District are intended to guide j developments in flood plain meas 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 interrup- tion 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 district is based upon Flood Insurance Study, City of Plymouth, Minnesota, and all Flood Insurance Rate Maps, Flood Boundary and Floodway Maps and Flood profiles attached thereto, dated November, 1977, and published by the United States Department of Housing and Urban Development. This Study contains data consistent with standards established by the Minnesota Department of Natural Resources. (The Bassett's Creek Watershed Management Plan dated February, 1972, which contains data consistent with standards established by the Minnesota Depart- ment of Natural Resources for delineation of the General Flood Plain District.) The Regulations contained within this Overlay j District are intended to manage areas suitable for development of varying types as permitted in the Underlying Zoning District. Subdivision 3. General Provisions. 1. Lands to Which Section Applies and Establishment of Regulatory Flood Protection Elevation 2. 3 A. This Section 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 Subdivision 2 above shall be attached to and considered a part of the Official Zoning Map and this Ordinance. B. 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 Sub= division 2 above. In those areas designed as Unnumbered A Zones, the regulatory flood pro- tection elevation and necessary floodway areas shall be established by the City Council consistent with the methods specified in Subdivision 8 of this ordinance. Rules for Interpretation of District Boundaries. The 9 Boundaries of the Flood Plain District shall be deter- mined 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 Offici r all Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the City Council shall make the necessary interpretation based upon the applicable flood profile (Plates 01P -05P) or Base Flood Elevation data contained in the Floodway Data Table (Table 2) in the Flood In- surance 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 submit his own technical evidence if he so desires. Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the General Flood Plain District boundaries or land uses permitted within such district will be free from flooding or flood damages. This Ordinance 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 or any administrative decision law- fully made thereunder. Subdivision. 4. Fstablishment of Zoning Districts. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three Districts: Floodway District (FW),1 Flood Fringe District (FF), and General Flood Plain District (GFP). 1. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood In- surance Study. 2. Flood Fringe District. The Flood Fringe District shall include those areas designated floodway fringe in the Flood Insurance Study. 3. General Flood Plain District. The General Flood Plain District shall include those areas designa'ced as unnumbered A Zones by the Flood Insurance Rate Map. The boundaries of those districts shall be generally as shown on l 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. Within these districts, all uses not allowed as permitted uses or permissable as conditional uses shall be prohibited, E Subdivision S. Floodway District (FW). 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 harvest- ing. 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. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in Subdivision 8 of this Ordinance. These uses are also subject to the provisions of Subdivision 5, paragraph 3, which applies to all floodway Conditional Uses. A. Structures accessory to open space. B. Placement of fill. C. Extraction of sand, gravel, and other materials. 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 Sub- division 5, paragraph la and paragraph 2 which are consistent with the provisions set out in Subdivision 1 and 5 of this ordinance. 3. Standards for Floodway Conditional Uses A. All Uses. No structure (temporary or permanent), { fill (including fill for roads and Levees), deposit, }� obstruction storage of materials, or equipment, or i other uses may be allowed as Conditional Uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in Subdivision 8, paragraph S and the following standards: B. Fill 1) Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct a Conditional Use listed in Subdivision 5, paragraph 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, 2) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with (1) of this paragraph. 3) Fill shill be protected from erosion by vegetative cover. C. Accessory Structures (temporary or permanent) perTiitted as Conditional Uses by Subdivision 5, paragraph 2, A. 1) Accessory structures shall not be designed for human habitation. 2) Accessory structures shall have a low flood dama„e potential. 3) 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, a) Whenever possible, structures shall be con- structed with the longitudinal axis parallel to the direction of the flood flow, and, b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 4) Accessory structure shall be floodproofed in ac- cordance with the State Building Code. D. Storage of Materials and Equipment. 1) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive,or could be injurious to human, animal, or plant life is prohibited. 4" E. Structural Work for Flood Control, Structuralworks for flood control such as dams, levees, dikes, and floodwalls.shall be allowed only upon issuance of a Conditional Use Permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters t# shall be'subject to the provisions of Minnesota Statutes 1976, c. 105, and other applicable statutes. Subdivision 6. Flood Fringe' District (PF), 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 Subdivision 5, paragraph 1. B. Accessory structures provided they comply with the provision of Su?,division 5'paragraph 3c of this ordinance. C. Residence and other structures constructed on fill so that,the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation, shall be ,no lower than one (1) foot below the regula- tory flood protection elevation and shall extend at such elevation at least fifteen (l5} feet beyond the limits of any structure or building erected, thereon. Fill shall be compacted and the slopes shall be protecte`l by rip rap or vegetative covering, - 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. 2. Conditional Uses. Uther uses are permitted only upon-arpli-. cation to thb Zoning Administrator and the issuance of a Conditional Use Permit as; provided, by this Ordinance and subject to the following provisions: ''Ai Residences. Where existing streets, utilities, and small lot sizes.pteclude the use of fill, other methods of elevating the first floor (including basements) above the regulatory:'flood protection elevation may be authorized provided that, the residence is floodproo£ed B. 1W t . Commerical Structures. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the regulatory flood protection elevation but may in special circumstances be floodproofed in ac- cordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be floodproofed to FP -1 or FP -2 classification as defined by the State Building Code. Structures floodproofed to FP -3 or FP -4 classi- fication shall not be permitted. 3. Standards for Flood Frinme Uses. A. Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. B. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system that provides adequate time.for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurence of the regional flood. C. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. Subdivision 7. General Flood Plain District (GFP). 1. Permitted Uses, Permitted uses shall include those uses permitted by Subdivision 5, paragraph 5, of this Ordinance. sional engineer, registered architect or registered land surveyor that the finished fill and building ti elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures shall be certified by a registered professional engineer or registered architect. D. State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance in the flood plain districts, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. E. Record of First Floor Elevation. Thu Zoning Administra- tor 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. F. Subdivisions: No land shall be subdivided which is held unsuitable ! by the City Council for reason of flooding, inadequate drainage, or inadequate water supply or sewage treat- j ment facilities. 411 lots within the flood plain districts shall c..ntain a building site at or above the regulatory flood protection elevation. All sub- divisions shall have water and sewage disposal facilities that comply with the provisions of this Ordinance and have road access no lower than two feet below the regulatory flood protection elevation. In the General ` Flood Plain District, applicants shall provide infor- mation required in Subdivision 8, Paragraph 3, and the subdivision shall be evaluated in accordance with the procedures therein. G. 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. H. Railroads, Roads, and Bridges. Railroad tracks, roads, and bridges to be located within the floodway shall comply with this Ordinance. In all flood plain f _ y 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. 1. Water Supply and Waste Disposal Systems, Within all flood plain districts, all new or replacement water supply systems must be designed to minimize or eliminate infiltration of flood waters into the system. Within all flood plain districts, (1) require new and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges into the systems into flood waters and (2) on-site waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. J. Mobile Homes. Mobile homes as defined by this Ordinance shall be prohibited as a permitted, accessory or conditional use in any of the flood plain overlay districts as defined by this Ordinance, 2. Board of Adjustment. A. Variances. No variance from the terms of this Section 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, B. Hearings and Decisions. The Zoning Administrator shall submit to the Commissioner of Natural Resources a copy of the application for the proposed Variances or Conditional Uses of this Section sufficiently in advance to that the Commissioner of Natural Resources will receive at least ten days notice of the hearing. A copy of all decisions granting Variances or Conditional Use Permits of this Section shall be forwarded to the Commissioner of Natural Resources within ten days of { such action. s. I Procedures for Evaluating Proposed Conditional Uses Within the General Flood Plain District. A. Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District the applicant shall be required to furnish such of the following information as is deemed necessary by the City Council for the determination of the regulatory j flood protection elevation and whether the proposed j use is the floodway or the flood fringe. t 1) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, eros; -sectional areas to be occupied by the proposed development, and 2) high water information. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. ) 3) Profile showing the slope of the bottom of the chan- nel or flow line of the stream for at least 500 feet in either direction from t.a proposed develop- ment. B. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection eleva- tion. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: 1) Estimate the peak discharge of the regional flood. 2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3) Compute the floodway necessary to convey the regio.ia] 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 u,zsumed. i j� C. Based on the technical evaluation of the d esignatekl j engineer of expert, the City Council shall determine j whether the proposed use is in the floodway or flood �i fringe and the regulatory flood protection elevation at the site. 4. Procedures to be followed by the City Council in Passing on Conditional Use Permit Applications Within all Flood Plnin Dictrirtq. A. Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: 1) Plans in triplicate 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. 2) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities B. Transmit one copy of the information described in subsection A (1) and (2) to a designated engineer or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the serious- ness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the Specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. S. Factors Upon Which the Decisions of the City Council Shall be Based. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.: E. The importance of'the,services pro -rid -ed by the proposed facility to the community, P. The requirements of th'e - facility for a waterfront location. ; G. The availability of alternative locations not subject to flooding for the proposed use, H, The compatibility of the proposed use with existing "; development and development anticipated in the fore:. seeable future, T. Thi re],ationship. of the proposed use of the COMPREHENSIY FL1tN ind'flood.plain manageaent.program for the area. J ,JThe safety ,of access to the property in times of flood..` for ordinary and emergency vehicles, K. -he expected heights, velocity, duration, rate of ris.e and sediment transport of the floodwaters expected at the 'site-. L. such: ether: -factors which are relevant to the purposes .. . _ p of th# Ordinance. P 6. Dona tions A.toghed to Conditional Use Permits. Upon consitea�atfon of t►e'factors listed above and the purposes I f thaE�t�on, the City "Cour►cil may attach such conditions as to the granting of Conditional Use Permits as it deems necessary to further the purposes of this Section. Among such conditions without limitation because of specific enumeration may be included: A. Modification of waste disposal and water supply facilities. B. Limitations on period of use and operation. C. Imposition of operational controls, surities, and deed restrictions. D. Requirements for construction of channel modifications, dikes, levees and other protective measures. E. Floud 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: 1) Anchorage to resist flotation and lateral movement. 2) Installation of watertight doors, bulkheads, and shutters, or similar methods of construction. 3) Reinforcement of walls to resist water pressures. 4) Use of paints, membranes, or mortars to reduce seepage of water through walls. 5) Addition of mass or weight to structures to resist flotation. 6) Installation of pumps to lower water levels in structures. F 7) Construction of water supply and waF-e treatment systems so as to prevent the entrant of flood water. 8) Installation of pumping facilities or comparable pyac:ici.es for subsurface drainage systems for 'buildings to relieve external foundation wall aged basement floor pressures, Y s f 9) Construction to resist rupture or collapse caused by water pressure or notating debris. 10) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back-up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. 11) 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 floodproofing to prevent flotation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters. Subdivision 9. Nonconforming Uses. 1. If any Nonconforming Use is destroyed by any means, including floods, to an extend of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City t1,ouncil may permit reconstruction if the use is`.Iioc:,�ted outside the floodway and, upon reconstrt{cfion, is adequately floodproofed, elevated,,,,nr otherwise protected., ?. Any alteration or addition to any Nonconforming Use which would result in substantially increasing its flood damage potential shall beprotectedby measures pursuant to Subdivision 8 6A -E of this Section. 3. The Zoning Administrator shall prepare a list of those Nonconforming Uses which have been floodproofed or otherwise adequately protected in conformity with Subdivision 8 6A -E. He shall present such list to the City Council which may issue a certificate to the owner stating that such uses as a result of these corrective measures are in conformity with the provisions of this Section. Subdivision 10. Amendments. The flood plain designation on zoning maps shall not be removed from flood plain areas unless it can be shown that the desig- nation 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 that, through other measures, lands are protected adequately for the intended uses. All amendments to this Section including amendments to the Flood Overlay Districts of the Official Zoning Map must be submitted to and approved by the Commission of Natural Resources prior to adoption, Changes to the Flood Overlay Districts of the Official Zoning Map also require prior approval by the Federal Insurance Administrator. Section 2. Effective Date. This Ordinance shall take effect upon its passage and publication. Adopted by the City Council of. the City of Plymouth on the 15th d:_y of May, 1978.. HOWARD L. HUNT, Mayor ATTEST: Loretta Garrity, Cit Clerk