HomeMy WebLinkAboutCity Council Ordinance 2004-14CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCIE, NO.2004 -14
AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE,
ENTITLED THE PLYMOUTH ZONING ORDINANCE, REGARDING THE CITY'S
FLOODPLAIN OVERLAY DISTRICT REGULATIONS (2004050)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment of Cites. Section 21005.02 of the Plymouth City Code (Rules
and Definitions- Definitions) is hereby amended by adding, deleting, or changing the following
definitions:
Basement: Any floor level below the first story in a building, except that a floor level in
a building having only one (1) floor shall be classified as a basement unless such floor level
qualifies as a first floor as defined herein. In the floodplain, a basement is any area of a
structure, including crawl spaces, having its floor or base subgrade (below ground level on all
four sides, regardless of the depth of excavation below ground level.
Flood Related:
(a) 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
conve3dng a proportionate share of flood flows.
(fab) Flood:_ A temporary file- increase in the stream flow or stage of a stream or in the
stage of a lake that results in the inundation of normally
da areas.
(bc) Flood Frequency:_ The average frequency, statistically determined, for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
(ed) Flood Fringe: That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study
for- the Cit
(de) Floodplain: The beds proper and the areas adjoining a lake or watercourse which
has been or hereafter may be covered by the
the 100 year flood profile
regional flood.
(efo 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 to p pei4 a water- and ,,itar-y f4ei ities s+..,,, kffes and ,. ntents e f
buildings in a flood hazard area in aeeer-danee with the Minnesota State Building Go .
( €g) Floodway: The bed of a lake and the channel of the-a watercourse and those
portions of the adjoining floodplains which are reasonably required to carry and-or store
the regional flood discharge the regional flood deteffnined by the use of the 100 yeai
flood pfefile and et-hef suppoi4ing teehnieW data in the Flood Insufanee Study.
(h) Lowest Floor: The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely parking of
vehicles, building access, or storage in an area other than a basement area, is not
considered a building's lowest floor.
(gi) Obstruction: Any dam, well, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel- meti€satien modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain4iazard-afea 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, , either- in itself or- b
hing er- eolleeting debfis eanied by stteh water-, or- that is placed where the flew o
water might eafry the same dewastfeam to the damage of life or- propet4y.
(h) Reach: A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by the-a natural or man-made obstruction. In an urban area,
the segment of a stream or river between two (2) consecutive bridge crossings would
most typically constitute a reach.
(ik) 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 100--year recurrence interval.
Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Study.
(D Regulatory Flood Protection Elevation: The elevation to which uses regulated by
this Chapter are required to be elevated or flood proofed. For nronertv located in the Elm
Creek Watershed Management Organization, Shingle Creek Watershed Management
Organization, and Minnehaha Creek Watershed District, the regulatory flood protection
elevation shall be A-13einl�an elevation not less than one (1) foot above the water- suf f ee
prrefile ,. ted with the 100. f flood as dete f.,. ine by the , of the 1 nn < flood
p...�.... ,....�......,....... ....... �.iv ,v j °v..., i.avvas c..a uvwaaaaa o 0
pfe€ile -and suffeending teehnieal -da4a in the- Flood lastwanee St = elevation of the
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regional flood plus any increases in flood heights aftiibutable te elevation caused by
encroachments on the floodplain that result from designation of a floodway. it
pree€ed: For property located in the Bassett Creek Watershed Management
Organization, the re ug� latory flood protection elevation shall be an elevation not less than
two (2) feet above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the floodplain that result from designation of a floodway.
(m) 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 fifty
(50) percent of the market value of the structure before the damage occurred.
(n) 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 fifty (50) percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial dama eg " regardless of the actual repair work performed. This term does not
include the following: 1) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety codes identified by the Zoning
Administrator and which are the minimum necessary to assure safe living conditions, and
2) any alteration of an "historic structure" provided that the alteration will not preclude
the structure's continued designation as an "historic structure ". For purposes of this
section, "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1.
Manufactured Home (Mobile Home): A structure, transportable in one or more
sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body
feet or more in length or, when erected on site, is three hundred twenty (320) or more square
feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning and electrical systems contained therein, except that the term
includes any structure which meets all the requirements and with respect to which the
manufacturer voluntarily filed a certification required by the Secretary of the United States
Department of Housing and Urban Development and complies with the standards established
under this section. In Floodway and Flood Fringe Overlay Districts, a manufactured home
means a structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent foundation when connected to the required
utilities. Furthermore, in Floodway and Flood Fringe Overlay Districts for floodplain
management purposes, the term manufactured home also includes parked trailers, travel trailers
and other similar vehicles containing four hundred (400) square feet or less when measured at
the largest horizontal projection, placed on a site for greater than one hundred eighty (180)
consecutive days.
SECTION 2. Amendment of City Code. Section 21660 of the Plymouth City Code
(Floodplain Overlay District) is hereby amended to provide:
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SECTION 21660 - FLOODPLAIN OVERLAY DISTRICT
21660.01. PU u`�°C"F,.-- STATUTORY AUTHORIZATION: The Legislature of the
State of Minnesota has, in Minnesota Statutes Chapter 103F, 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 Llegislative Mmandate as administered by
the Commissioner of the Minnesota Department of Natural Resources and the ,.,.^visie„s of *'�°
Stefm Drainage Plan of the City of AMouth.
21660.02. !NT-ENT-1—PURPOSES AND FINDINGS OF FACT:
Subd. 1. Purposes. The purposes of this section are to
promote the public health, safety, and general welfare, and to minimize flood losses through the
establishment of Floodplain Overlay Districts. Sound land use development can reduce
damages, expenses, and inconveniences, and can assure that City lands are put to their most
appropriate uses. The regulations contained within this section are intended to guide Te_gulate
developments in floodplain areas consistent with potential flood threats and City land needs, and
to manage areas suitable for development of varying types as permitted in the underl3dng zoning
district.
Subd. 2. Findings of Fact.
(a) _UnvAse use of fleedplain lands The flood hazard areas of Plymouth are
subject to periodic inundation, which may result in loss of life and property, health and
safety hazards, disruption of commerce and governmental services, unsanitaff eenditions,
and- interruption of transportation and communications, extraordinary public expenditures
for flood protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare. Setind land use development ean
r-eduee damages, expenses, and ineenvenienees and assefe that City lands are pu4 to theif
most appropriate use. This seetion establishes Fleedplain Over-lay Distfiets based upon
Floe Stud-)% City of Plymouth, Minnesota, (dated -- Nove,.o� 77 and all
Flood insufanee Rate Maps, (dated Febmary 19, 1982), Flood Betindar-y and FleeEIW
Maps (dated May 13, , and Heed p%files publishe d by the United ted States
"Reevaluation MeeefflbS Asseeiates, Ines., entitled!
Plymetith Hills Estates); G"ar- Pr-epei4ies -)-n e�n4innesota, November , °�taa,
"Reevaltiatien e€- Fleeding— Potential —on a pef ien- of Plynetth-- Er-eelf, Plym t ,
Minneseta, September-, 1982" (37th Avenue NeAh to Vieksbt" Lane). These stu
eentain data eensistent with standards established by the Minnesota DepaFtment --of
Natufa4 Reseur-ees. The r-egulations eentained within this seefien are intended to manage
(b) This section is based upon a reasonable method of analyzing flood hazards,
consistent with the standards established by the Minnesota Department of Natural
Resources.
(c) This section 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
amended, so as to maintain the City's eligibility in the National Flood Insurance
Program.
21660.03. GENERAL PROVISIONS:
Subd.1. Lands to Which This Section Applies and Establishment ef Regulatefy
Flood Pr-oteetion Elevation.
fa} —This section shall apply to all lands within the jurisdiction of the City of Plymouth
located within the Floodway, Flood Fringe and General Floodplain District. The Fie a
Insur-anee Study for- the City ef Plymouth r-efer-eneed in Seetion 21660.02 above shall be attaeh
to and e si e,.ea a part of the Offieial Zoning l,.r.,p and this Chap e. The Flood Insurance
Study consisting of Volume 1 and Volume 2, Hennepin County, Minnesota, All Jurisdictions,
and the Flood Insurance Rate Map panels numbered 27053CO159 E, 27053CO167 E,
27053CO169 E 27053CO178 E 27053CO180 E 27053CO183 E 27053CO184 E 27053CO190 E
27053CO191 E 27053CO192 E 27053CO193 E 27053CO194 E 27053CO307 E 27053CO326 E
27053CO327 E (not printed), 2705300331 E, and 27053CO332 E for the City of Plymouth dated
September 2, 2004, as developed by the Federal Emergency Management Agency, are hereby
adopted by reference and declared to be a part of the Official Zoning Map and this Chapter. The
above - described study and map panels are on file in the office of the Zoning Administrator.
Subd. 2. Rules for Interpretation of District Boundaries.
(a) The boundaries of the Floodplain 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 between a mapped boundary and actual field
conditions, the City Council shall make the necessary interpretation based upon –the
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appheable flood profile (Plates 01P05P) of Base Fleed Elevation data eefAained in th
Fleedwa�, Data Table (Table 2) in the Flood insur-artee Study, >
M-inneseta elevations of the regional (100 -year) flood profile, the ground elevations that
existed on the site at the time the City initially adopted its floodplain regulations, and
other available technical data. The— AAMperson contesting the location of the-a District
boundary shall be given a reasonable opportunity to present a case to the City Council
inelulinr -,And to submit relevant technical evidence as outlined-4-n- Sere*;e^ 21660.05 „�
(b) Only that portion of a property with the boundaries of the Floodway District,
Flood Fringe District, or General Floodplain District shall be subject to the provisions of
this section.
Subd. 3. Warning and Disclaimer of Liability. This section does not imply that
areas outside the Floodplain Overlay District boundaries or land uses permitted within such
districts will be free from flooding or flood damages. This section 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 section or any administrative decision lawfully made thereunder.
21660.04. ESTABLISHMENT OF ZONING DISTRICTS: The floodplain areas within
the jurisdiction of this section are hereby divided into three Districts: Floodway District (FW),
Flood Fringe District (FF), and General Floodplain District (GFP). The t..,,,.,,aaries of the �••"
distriets shall be generally as she%% en the Offieial Zoning Map and the fina4 detefmination
the distfiet betmdar-ies will be based en all appheable data in the Flood Inswmee Study fo
Plyfae th- end - assembled pefsuant- te-See ienl660.05 of this seeiefi-.—Uses not allowed as
permitted uses., opts-conditional uses, interim uses, or as uses allowed by administrative permit
shall be prohibited within these overlay districts.
Subd. 1. Floodway District (FW). The Floodway District shall include those areas
designated as floodway in-on the Flood Insurance -Sy Rate Map adopted by Section 21660.03,
Subd. 1 of this section.
(a) 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, obstructions, or storage of materials or equipment. In addition, no
use shall increase flood elevations or 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.
(1) Agricultural uses such as general farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming, and wild crop
harvesting.
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(2) Industrial/commercial uses such as loading areas, parking areas, and
airport landing strips.
(3) Private and public recreational uses such as golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming
areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and
hiking and horseback riding trails.
(4) Residential uses such as lawns, gardens, parking areas, and play areas.
(b) 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 floodway or
increases flood heights except as allowed in this section.
_The following open space uses may require accessory structures (temporary or permanent), or
fill or storage of materials or equipment. These uses may be allowed in the Floodway District
only upon the issuance of a conditional use permit as provided in Section 21660.05 of this
section. These uses are also subject to the provisions of Section 21660.04, Subd. l.c. which
applies to all floodway conditional uses.
(1) Structures accessory to open space.
(2) Placement of fill.
(3) 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.
(4) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(5) Railroads, streets, bridges, utility transmission lines, and pipelines.
(6) Storage yards for equipment, machinery, or materials.
(7) Other uses similar in nature to uses described in Section 21660.04, Subd.
Lb. which are consistent with the provisions set out in Section 21660.01 and
21660.04, Subd. 1 of this section.
(8) Structural works for flood control such as dams, levees, dikes, and flood
walls intended to protect crops for flood events equal to or less than the 10 -year
frequency flood event.
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(c) Standards for Floodway Conditional Uses. All floodway uses shall be subject to
applicable standards of this Chapter for the underlying district and floodway conditional
uses shall be subject to the standards contained in Section 21660.05 of this section and to
the following standards:
(1) Fill.
a. Any fill deposited in the floodway shall be no more than the
minimal amount necessary to conduct a Conditional Use listed in Section
21660.04, Subd. Lb. of this section. 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.
b. Soil from dredging or sand and gravel operations shall not be
deposited in the floodway unless it can be done in accordance with Section
21660.04, Subd. l.c.l.a. of this section.
C. Fill shall be protected from erosion by vegetative cover or other
acceptable method.
(2) Accessory Structures (temporary or permanent) allowed as conditional
uses by Section 21660.04, Subd. Lb.l of this section.
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures shall have a low flood damage potential.
C. 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.
d. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of the flood flow.
e. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
f. Accessory structures that are not elevated above the re ug lgM
flood protection elevation shall be structurally dry flood proofed to FP -1
or FP -2 classification in accordance with the Minnesota State Building
Code.
(3) Storage of Materials and Equipment. The storage of equipment or the
storage and processing of materials are prohibited, with the exception that the
City Council may, by a conditional use permit, allow 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
injurious to human, animal, or plant life when such equipment and materials are
necessary for the maintenance of the floodplain.
(4) Structural Work for Flood Control. 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 and Rules.
Subd. 2. Flood Fringe District FF . The Flood Fringe District shall include those
areas designated as floodway fringe. The Flood Fringe District shall include those areas shown
on in-the Flood Insurance -s# y Rate Map, as adopted by Section 21660.03, Subd. 1 of this
section, as being within Zone AE, Zone AO, or Zone AH but being located outside of the
floodway.
(a) 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:
(1) Any use permitted in Section 21660.04, Subd. La of this section.
(2) Accessory structures provided they comply with the standards of the
underlying zoning of Section 21660.04, Subd. l .c. of this section.
(3) Residential uses allowed by the underlying zoning district and constructed
on fill so that the basement floor- ^r first flee., if there is „ basemen4; lowest floor
is at or above the regulatory flood protection elevation.
(4) 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.
(b) 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 section.
(c) Other Uses. Other uses, as allowed in the underlying zoning district shall be
allowed in the Flood Fringe only upon the issuance of a conditional use permit as
provided by this section. These uses are subject to the provisions of Section 21660.04,
Subd. 2.d. of this section:
(1) Open space accessory uses as set forth in Section 21660.04, Subd. l.b.l
through 21660.04, Subd. 1.b.6 of this section and other uses similar in nature
which are consistent with the provisions set forth in Section 21660.01 and
21660.04, Subd. 2. of this section.
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(d)
(2) Residential uses allowed by the underlying zoning district where existing
streets, utilities, and small lot sizes preclude the use of fill.
(3) Commercial, manufacturing, and industrial uses allowed in the underlying
zoning district and constructed on fill so that baseme„* floor- ^r- first floor if there
is no base wnt the lowest floor is at or above the regulatory flood protection
elevation.
Standards for All Flood Fringe Uses.
(1) Residential Uses.
a. All residential uses shall have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood protection
elevation-.
b. 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
Minnesota State Building Code.
C. 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.
d. No use shall be allowed which will adversely affect the hydraulic
capacity of the channel and adjoining floodplain 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.
e. 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
Minnesota State Building Code requirements for resisting wind forces.
(2) Commercial, Manufacturing, and Industrial Uses.
a. Accessory uses allowed by the underlying zoning district, yards,
railroad tracks, and parking lots may be allowed at elevations lower than
the regulatory flood protection elevation upon demonstration that there is a
flood warning system that will provides adequate time for evacuation if
the area were inundated to a depth and velocity such that when
multiple the depth (in feet) times velocity (in feet per second
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product number exceeds four (4) meatef *"a„ two (2) feet e ul eet to
upon the occurrence
of the regional flood.
b. Effective design measures shall be taken to minimize interference
with normal plant operations where there are streams having protracted
flood durations.
C. 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 Minnesota State Building Code.
d. Structures with a flood proof design found to be FP -3 or FP -4
classification are prohibited.
e. No use shall be allowed which will adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the official zoning map.
(3) Fill.
a. Any fill deposited in the flood fringe shall be no more than the
minimal amount necessary to conduct an allowable use listed in Section
21660.04, Subd. 2. of this section. 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.
b. Soil from dredging or sand and gravel operations shall not be
deposited in the flood fringe unless it can be done in accordance with
Section 21660.04, Subd. 2.d.3.a of this section.
C. Fill shall be protected from erosion by vegetative cover.
d. 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).
(4) 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
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injurious to human, animal or plant life when such equipment and materials are
necessary for the maintenance of the flood fringe.
(5) 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.
Subd. 3. General Floodplain District (GFP). The General Floodplain District shall
include those areas without a floodway designated as T T,,,,,,mb e ^ Zones A, AE, AO, or AH
by the Flood Insurance Rate Map adopted by Section 21660.03, Subd. 1 of this section.
(a) Permitted Uses. Permitted uses shall include those uses allowed by Section
21660.04, Subd. Lb of this section subject to the applicable standards for those uses.
(b) Conditional Uses. All other uses are conditional uses and are allowed only upon
the issuance of a conditional use permit as provided in this section. The General
Floodplain District includes both floodway and flood fringe areas. Based on procedures
in Section 21660.05, Subd. 3. of this section, 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 Section 21660.04, Subd. 1. of this section shall apply. If
it is determined the proposed use lies in the flood fringe, the provisions of Section
21660.04, Subd. 2 of this section shall apply.
21660.05. ADMINISTRATION:
Subd. 1. Use Permit.
(a) Use Permit Required. A use permit certifying compliance with the provisions of
this section shall be secured from the Zoning Administrator prior to the issuance of any
permits for the erection, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building, structure, or portion thereof; prior
to the use or change of use of a building, structure, or land; prior to the construction of a
dam, fence, or on -site septic system; prior to the change or extension of a non-
conforming use; prior to the repair of a structure that has been dammed by flood, fire,
tornado, or any other source; and prior to the placement of fill, or-excavation of materials.,
or the storage of materials or equipment within the floodplain.
(b) Application for Use Permit. Application for a use permit shall be made in the
manner prescribed by the Zoning Administrator on forms furnished by the City and shall
include the following where applicable: plans 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.
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(c) Construction and Use to be as Provided in Application, Plans and Permits. All
permits issued on the basis 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 section. 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 section. Flood proofing measures
shall be certified by a registered professional engineer or registered architect.
(d) 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 floodplain overlay districts, the Zoning Administrator shall determine that
the applicant has obtained all necessary state and federal permits.
(e) 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 floodplain districts. The Zoning Administrator shall
also maintain a record of the elevations to which structures or additions to structures are
flood proofed.
(f) 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 floodplain
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 section and have road access no lower than two feet below the
regulatory flood protection elevation. In the General Floodplain District, applicants
seeking subdivision approval shall provide information required in Section 21660.05,
Subd. 3., 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.
(g) Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the floodplain shall be flood proofed in
accordance with the Minnesota 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 Chapter. In all floodplain 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
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roads and railroads may be constructed at a lower elevation where failure or interruption
of service would not endanger the public health or safety.
(i) Water Supply and Waste Disposal Systems. Within all floodplain districts:
(1) All new or replacement water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the system.
(2) All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters from the systems and discharges
from the systems into flood waters.
(3) All on -site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
0) Manufactured Homes. Manufactured homes as defined by this Chapter shall be
prohibited as a permitted, accessory or conditional use in any of the floodplain overlay
districts except where expressly allowed in underlying zoning districts and regulated by
this section.
(k) Notifications for Watercourse Alterations. The Zoning Administrator shall notify,
in riverine situations, adjacent communities and the Commissioner of the Department of
Natural Resources prior to the City authorizing any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public waters
pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the
Commissioner of Natural Resources. A copy of said notification shall also be submitted
to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(1) Notification to FEMA When Physical Changes Increase or Decrease the 100 -yggr
Flood Elevation. As soon as practicable, but not later than six (6) months after the date
such supporting information becomes available, the Zoning Administrator shall notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of said technical
or scientific data.
Subd. 2. Board of Adjustment.
(a) The Board shall be constituted and shall consider applications as provided in
Section 21035 of this Chapter and in this paragraph.
(b) 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.
(1) The Board shall state in writing the specific findings made consistent with
the criteria specified in Section 21030 of this Chapt r whieh seFved as the
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for- a4 •aria ees and with the following additional variance criteria of the Federal
Emergency Management Agency:
a. Variances shall not be issued within any designated regulatory
floodwa if increase in flood levels during the base flood discharge
would result.
b. Variances shall onlv 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 (iiiLa
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.
C. Variances shall only be issued upon a determination. that the
variance is the minimum necessary, considering the flood hazard, to afford
relief.
(2) 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.
(c) 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
from this Section sufficiently in advance so that the Commissioner of Natural Resources
will receive the application at least ten (10) days notice of the hearing. A copy of all
decisions granting variances from this section shall be forwarded to the Commissioner of
Natural Resources within ten (10) days of such action.
d) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall
notify pplicants 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, and 2, that
construction below the 100 -year or regional flood level increases risks to life and
property. Such notification shall be maintained with a record of all such variance actions.
Subd. 3. Procedures for Determination of Floodway and Flood Fringe Within the
General Floodplain District.
(a) The application for any use permit for a use within the General Floodplain
District shall include such of the following information as is deemed necessary by the
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.
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(1) A typical valley cross section showing the channel of the stream, elevation
of land areas adjoining each side of the channel, cross - sectional areas to be
occupied by the proposed development, and high water information.
(2) Plan (surface view) showing elevations or contours of the ground;
pertinent 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.
(3) Profile showing the slope of the bottom of the channel or flow line of the
stream for at least five hundred (500) feet in either direction from the proposed
development.
(b) One (1) copy of the above information shall be transmitted to an 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
1983, Parts 6120.5000- 6120.6200 and 44 Code of Federal Regulations Part 65 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 verbank areas.
(3) Compute the floodway necessary to convey the regional flood without
increasing flood stages more than six (6) inches. An equal degree of
encroachment on both sides of the stream within the reach shall be assumed.
(c) 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.
Subd. 4. Procedures to be followed for conditional use permit Applications Within
All Floodplain Districts_
(a) The application for a conditional use permit for a use within the General
Floodplain District shall be made in the manner prescribed by this Chapter and by the
Zoning Administrator on forms furnished by the City. The application shall include such
of the following information and additional information as required by this Chapter and
as deemed necessary by the Zoning Administrator for determining the suitability of the
particular site for the proposed use:
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(1) Plans 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, flood proofing measures,
and the relationship of the above to the location of the channel.
(2) 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.
(b) Transmit one (1) copy of the application to an 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.
(c) The technical evaluation of the designated engineer or expert, shall be considered
in the determination of the specific flood hazard at the site and in the evaluation of the
suitability of the proposed use in relation to the flood.
(d) Applications shall be considered at a public hearing which shall be noticed and
conducted as prescribed by this Chapter.
(e) The Zoning Administrator shall submit to the Commissioner of Natural Resources
a copy of the application for the proposed conditional uses allowed by this section
sufficiently in advance so that the Commissioner will receive the application at least ten
(10) 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.
Subd. 5. 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 Chapter; and,
(a) The danger to life and property due to increased flood heights or velocities caused
by encroachments.
(b) The danger that materials may be swept onto other lands or downstream to the
injury of others or may block bridges, culverts, or other hydraulic structures.
(c) The proposed water supply and sanitation systems and the ability of these systems
to prevent disease, contamination and unsanitary conditions.
(d) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
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(e) The importance of the services provided by the proposed facility to the
community.
(f) The requirements of the 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 foreseeable future.
(i) The relationship of the proposed use to the Comprehensive Plan and floodplain
management program for the area.
0) The safety of access to the property in times of flood for ordinary and emergency
vehicles.
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
(1) Such other factors which are relevant to the purposes of this Chapter.
Subd. 6. Conditions Attached to Conditional Use Permits. -Upon consideration of
the factors listed above, the information and recommendations developed during the review of
the application, and the purposes of this section, the City Council may attach such conditions 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, sureties and deed restrictions.
(d) Requirements for construction of channel modifications, dikes, levees and other
protective measures.
(e) 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:
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(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.
(7) Construction of water supply and waste treatment systems so as to prevent
the entrance of flood water.
(8) Installation of pumping facilities or comparable practices for subsurface
drainage systems for buildings to relieve external foundation wall and basement
floor pressures.
(9) Construction to resist rupture or collapse caused by water pressure or
floating debris.
(10) Installation of valves or controls on sanitary and storm drains which will
permit the drains to be closed to prevent backup 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 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.
21660.06. NON - CONFORMING USES AND STRUCTURES:
Subd. 1. Non - conforming uses and structures in the Floodplain Overlay Districts
shall be subject to Section 21100 of this Chapter unless specifically provided otherwise in this
section.
Subd. 2. Any non - conforming use or non - conforming structure destFoyed by eay
means, ineluding fleeds, to an extent ef fifty (50) per-eent or- more ef its assessed -N�, that
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suffers substantial damage, as defined by this Chapter, shall not be reconstructed or restored
except in conformity with the provisions of this section. The City may permit reconstruction of a
non - conforming structure if the structure is non - conforming 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 flood proofed, elevated or otherwise protected.
Subd. 3. Any structural alteration or addition allowed by � � ° °„ to an-y-a non-
conforming structure or non - conforming use which would result in
increasing the flood damage potential of that structure or use shall be protected by measufes
to the Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 and FP -2
flood proofing classifications) allowable in the State Building Code, except as further restricted
by Subd. 4 and Subd. 5 of this subsection as outlined below.
Subd. 4. The structure shall meet the standards of Section 21660.04, Subd. 1 or 2,
of this section, 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 fifty (50) percent of the current market value of the structure.
Subd. 5. If a substantial improvement occurs, as defined by this Chapter, from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an
existing non - conforming building, then the building addition and the existing non - conforming
building shall meet the requirements of this section for new structures.
Subd.46. The Zoning Administrator shall maintain a record of those non-
conforming uses which have been flood proofed or otherwise adequately protected in conformity
with Section 21100 of this Chapter.
21660.07. AMENDMENTS:
Subd. 1. The floodplain overlay district designation on the Official Zoning mMaps
shall not be removed from floodplain 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 regulatory flood protection elevation
and are contiguous to other lands lying outside the floodplain district. Special exceptions to this
rule may be permitted by the Commissioner of Natural Resources if it is determined that, through
other measures, lands are protected adequately for the intended uses.
Subd. 2. All amendments to this section including amendments to the Floodplain
Overlay Districts of the Official Zoning Map must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes to the Floodplain Overlay
Districts of the Official Zoning Map shall meet the Federal Emergency Management Agency's
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(FEMA) Technical Conditions and Criteria and shall receive FEMA approval before adoption by
the City.
Subd. 3. The Commissioner of Natural Resources shall be notified of public
hearings to consider amendments at least ten (10) days prior to the hearing. The notice shall
include a copy of the proposed amendment and related technical study under consideration.
21660.08. VIOLATIONS AND PENALTIES:
Subd. 1. Violations of this section and penalties therefor shall be administered in
the manner set forth in Section 21050 of this Chapter.
Subd. 2. The Zoning Administrator shall send information resulting €efm In
investigation of violations of this section to the Commissioner of Natural Resources for
distribution to the appropriate state and federal offices.
SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its passage.
ADOPTED by the City Council on August 10, 2004.
ATTEST:
L40qa&xj -
,/ Sandra R. Paulson, City Clerk
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