HomeMy Public PortalAbout255CITY OF MEDINA
ORDINANCE NO. (;? ��
AN ORDINANCE REPEALING SECTIONS 826.75 THROUGH
826.97 OF THE CITY'S CODE OF ORDINANCES (FLOODPLAIN
DISTRICT) AND ADOPTING A NEW FLOODPLAIN ORDINANCE
CONSISTENT WITH STATE AND FEDERAL REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section I. Section 826.75 through 826.97 of the City's Code of
Ordinances are hereby repealed.
Section II. New Sections 826.75 through 826.97 are hereby
adopted as follows:
826.75. Statutory Authorization, Findings of Fact and Purpose.
Subdivision 1. Statutory Authorization. The legislature of the
State of Minnesota has, in Minnesota Statutes, Chapter 103F and
delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses.
Therefore, the City of Medina, Minnesota does ordain as follows:
Subd. 2. Findings of Fact.
(a) The flood hazard areas of Medina, Minnesota, are
subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of
the tax base, all of which adversely affect the public health,
safety, and general welfare.
(b) Methods Used to Analyze Flood Hazards. This ordinance
is based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the
Minnesota department of natural resources.
Subd. 3. Statement of Purpose. It is the purpose of this
ordinance to promote the public health, safety, and general
welfare and to minimize those losses described above by the
provisions contained herein.
826.77 General Provisions. Subdivision 1. Lands to Which
Ordinance Applies. This ordinance shall apply to all lands
within the jurisdiction of Medina shown on the official zoning
map and/or the attachments thereto as being located within the
boundaries of the Floodway, Flood Fringe, or General Flood Plain
Districts.
Subd. 2. Establishment of Official Zoning Map. The
official zoning map together with all materials attached thereto
is hereby adopted by reference and declared to be a part of this
ordinance. the attached material shall include the flood
insurance study for Medina prepared by the Federal Insurance
Administration dated , and the flood boundary and
floodway map and flood insurance rate map dated
therein. the official zoning map shall be on file in the office
of the city clerk and the zoning administrator.
Subd. 3. Regulatory Flood Protection Elevation. The
regulatory flood protection elevation shall be an elevation no
lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
Subd. 4. Interpretation.
(a) In their interpretation and application, the provisions
of this ordinance shall be held to be minimum requirements and
shall be liberally construed in favor of the City and shall not
be deemed a limitation or repeal of any other powers granted by
state statutes.
(b) The boundaries of the zoning 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 and there is a formal
appeal of the decision of the zoning administrator, the city
council acting as the Board of Adjustment and Appeals, shall make
the necessary interpretation. All decisions will be based on
elevations on the regional (100-year) flood profile and other
available technical data. Persons contesting the location of the
district boundaries shall be given a reasonable opportunity to
present their case to the board and to submit technical evidence.
Subd. 5. Abrogation and Greater Restrictions. It is not
intended by this ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this ordinance imposes greater restrictions, the provisions
of this ordinance shall prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
Subd. 6. Warning and Disclaimer of Liability. This
ordinance does not imply that areas outside the flood plain
districts or land uses permitted within such districts will be
free from flooding or flood damages. This ordinance shall not
create liability on the part of the City or any officer or
employee thereof for any flood damages that result from reliance
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on this ordinance or any administrative decision lawfully made
thereunder.
Subd. 7. Severability. If any section, clause, provision,
or portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of
this ordinance shall not be affected thereby.
Subd. 8. Definitions. Unless specifically defined below,
words or phrases used in this ordinance shall be interpreted so
as to give them the same meaning as they have in common usage and
so as to give this ordinance its most reasonable application.
(a) Accessory Use or Structure - a use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
(b) Basement - means 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.
(c) Conditional Use - means a specific type of structure or
land use listed in the official control that may be allowed but
only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that: (1) certain
conditions as detailed in the zoning ordinance exist and (2) the
structure and/or land use conform to the comprehensive land use
plan if one exists and are compatible with the existing
neighborhood.
(d) Equal Degree of Encroachment - a method of determining
the location of floodway boundaries so that flood plain lands on
both sides of a stream are capable of conveying a proportionate
share of flood flows.
(e) Flood - a temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that results in the
inundation of normally dry areas.
(f) Flood Frequency - the frequency for which it is
expected that a specific flood stage or discharge may be equalled
or exceeded.
(g) Flood Fringe - that portion of the flood plain outside
of the floodway. Flood fringe is synonymous with the term
"floodway fringe" used in the flood insurance study for Medina.
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(h) Flood Plain - the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or hereafter may be
covered by the regional flood.
(i) Flood -Proofing - a combination of structural
provisions, changes, or adjustments to properties and structures
subject to flooding, primarily for the reduction or elimination
of flood damages.
(j) Floodway - the bed of a wetland or lake and the channel
of a watercourse and those portions of the adjoining flood plain
which are reasonably required to carry or store the regional
flood discharge.
(k) Obstruction - any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse,
fill, structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory flood plain 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.
(1) Principal Use or Structure - means all uses or
structures that are not accessory uses or structures.
(m) Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a natural
or man-made obstruction. In an urban area, the segment of a
stream or river between two consecutive bridge crossings would
most typically constitute a reach.
(n) 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.
(o) Regulatory Flood Protection Elevation - The regulatory
flood protection elevation shall be an elevation no lower than
one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the flood
plain that result from designation of a Floodway.
(p) Structure - anything constructed or erected on the
ground or attached to the ground or on -site utilities, including,
but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, travel trailers/vehicles not
meeting the exemption criteria specified in Section 826.89 of
this ordinance and other similar items.
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(q) Variance - means a modification of a specific permitted
development standard required in an official control including
this ordinance to allow an alternative development standard not
stated as acceptable in the official control, but only as applied
to a particular property for the purpose of alleviating a
hardship, practical difficulty or unique circumstance as defined
and elaborated upon in a community's respective planning and
zoning enabling legislation.
826.79. Establishment of Zoning Districts. Subdivision 1.
Districts.
(a) Floodway District. The Floodway District shall include
those areas designated as floodway on the flood boundary and
floodway map adopted in section 826.77.
(b) Flood Fringe District. The Flood Fringe District shall
include those areas designated as floodway fringe on the flood
boundary and floodway map adopted in Section 826.77.
(c) General Flood Plain District. The General Flood Plain
District shall include those areas designated as unnumbered A
zones on the flood insurance rate map adopted in section 826.77.
Subd. 2. Compliance. No new structure or land shall
hereafter be used and no structure shall be located, extended,
converted, or structurally altered without full compliance with
the terms of this ordinance and other applicable regulations
which apply to uses within the jurisdiction of this ordinance.
Within the Floodway, Flood Fringe and General Flood Plain
Districts, all uses not listed as permitted uses or conditional
uses in Sections 826.81 through 826.85 shall be prohibited. In
addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes
and certain travel trailers and travel vehicles are subject to
the general provisions of this Ordinance and specifically Section
826.89;
(b) Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the
general provisions of this ordinance and specifically Section
826.93; and
(c) As -built elevations for elevated or flood proofed
structures must be certified by ground surveys and flood proofing
techniques must be designed and certified by a registered
professional engineer or architect as specified in the general
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provisions of this ordinance and specifically as
Section 826.91 of this ordinance.
826.81. Floodway District (FW). Subdivision 1.
Uses.
stated in
Permitted
(a) General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
(b) Industrial -commercial loading areas, parking areas, and
airport landing strips.
(c) Private and public golf courses, tennis courts, driving
ranges, archery ranges, picnic grounds, boat launching ramps,
swimming areas, parks, wildlife and nature preserves, game farms,
fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or multiple
purpose recreational trails.
(d) Residential lawns, gardens, parking areas, and play
areas.
Subd. 2. Standards for Floodway Permitted Uses.
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning
district if one exists.
(c) The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or equipment.
Subd. 3. Conditional Uses.
(a) Structures accessory to the permitted uses listed in
subdivision 1 above and the uses listed below.
(b) Extraction and storage of sand, gravel, and other
materials.
(c) Marinas, boat rentals, docks, piers, wharves, and water
control structures.
(d) Railroads, streets,
lines, and pipelines.
bridges, utility transmission
(e) Storage yards for equipment, machinery, or materials.
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(f) Placement of fill.
(g) Travel trailers and travel vehicles either on
individual lots of record or in existing or new subdivisions or
commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 826.89 of this ordinance.
(h) Structural works for flood control such as levees,
dikes and floodwalls constructed to any height where the intent
is to protect individual structures and levees or dikes where the
intent is to protect agricultural crops for a frequency flood
event equal to or less than the 10-year frequency flood event.
Subd. 4. 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 other uses may be allowed
as a conditional use that will cause any increase in the stage of
a 100-year or regional flood or cause an increase in flood
damages in the reach or reaches affected.
(b) All floodway conditional uses shall be subject to the
procedures and standards contained in Section 826.91 of this
ordinance.
(c) The conditional use shall be permissible in the
underlying zoning district if one exists.
(d) Fill:
(i) Fill, dredge spoil and all other similar materials
deposited or stored in the flood plain shall be protected
from erosion by vegetative cover, mulching, riprap or other
acceptable method.
(ii) Dredge spoil sites and sand and gravel operations
shall not be allowed in the floodway unless a long-term site
development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(iii) As an alternative, and consistent with Subsection
(ii) immediately above, dredge spoil disposal and sand and
gravel operations may allow temporary, on -site storage of
fill or other materials which would have caused an increase
to the stage of the 100-year or regional flood but only
after the city council has received an appropriate plan
which assures the removal of the materials from the floodway
based upon the flood warning time available. The
conditional use permit must be title registered with the
property in the office of the county recorder.
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(e) Accessory Structures:
(i) Accessory structures shall not be designed for
human habitation.
(ii) 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. (1)
Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow,
and, (2) so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
(iii) Accessory structures shall be elevated on fill or
structurally dry flood proofed in accordance with the FP-1
or FP-2 flood proofing classifications in the state building
code. As an alternative, an accessory structure may be
flood proofed to the FP-3 or FP-4 flood proofing
classification in the state building code provided the
accessory structure constitutes a minimal investment, does
not exceed 500 square feet in size, and for a detached
garage, the detached garage must be used solely for parking
of vehicles and limited storage. All flood proofed
accessory structures must meet the following additional
standards, as appropriate:
(aa) The structure must be adequately anchored to
prevent flotation, collapse or lateral movement of the
structure and shall be designed to equalize hydrostatic
flood forces on exterior walls; and
(bb) Any mechanical and utility equipment in a
structure must be elevated to or above the regulatory
flood protection elevation or properly flood proofed.
(f) Storage of Materials and Equipment:
(i) The storage or processing of materials that are,
in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
(ii) Storage or other materials or equipment may be
allowed if readily removable from the area within the time
available after a flood warning and in accordance with a
plan approved by the governing body.
(g) Structural works for flood control that will change the
course, current or cross section of protected wetlands or public
waters shall be subject to the provisions of Minnesota Statute,
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Chapter 105. Community -wide structural works for flood control
intended to remove areas from the regulatory flood plain shall
not be allowed in the floodway.
(h) A levee, dike or floodwall constructed in the floodway
shall not cause an increase to the 100-year or regional flood and
the technical analysis must assume equal conveyance or storage
loss on both sides of a stream.
826.83. Flood Fringe District (FF). Subdivision 1. Permitted
Uses. Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning use
district(s). If no pre-existing, underlying zoning use districts
exist, then any residential or non residential structure or use
of a structure or land shall be a permitted use in the Flood
Fringe District provided such use does not constitute a public
nuisance. All permitted uses shall comply with the standards for
Flood Fringe "Permitted Uses" and the "Standards for all Flood
Fringe Uses" listed in Section 826.83.
Subd. 2. Standards for Flood Fringe Permitted Uses.
(a) All structures, including accessory structures, must be
elevated on fill so that the lowest floor including basement
floor is at or above the regulatory flood protection elevation.
The finished fill elevation for structures shall be no lower than
one (1) foot below the regulatory flood protection elevation and
the fill shall extend at such elevation at least fifteen (15)
feet beyond the outside limits of the structure erected thereon.
(b) As an alternative to elevation of fill, accessory
structures that constitute a minimal investment and that do not
exceed 500 square feet for the outside dimension at ground level
may be internally flood proofed in accordance with Section
826.81.
(c) The cumulative placement of fill where at any one time
in excess of one -thousand (1,000) cubic yards of fill is located
on the parcel shall be allowable only as a conditional use,
unless said fill is specifically intended to elevate a structure
in accordance with Section 826.83 of this ordinance.
(d) The storage of any materials or equipment shall be
elevated on fill to the regulatory flood protection elevation.
(e) The provisions of Section 826.83 of this ordinance
shall apply.
Subd. 3. Conditional Uses. Any structure that is not
elevated on fill or flood proofed in accordance with Section
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826.83 or any use of land that does not comply with the standards
in Section 826.83 shall only be allowable as a Conditional Use.
An application for a Conditional Use shall be subject to the
standards and criteria and evaluation procedures specified in
Sections 826.83 and 826.91 of this ordinance.
Subd. 4. Standards for Flood Fringe Conditional Uses.
(a) Alternative elevation methods other than the use of
fill may be utilized to elevate a structure's lowest floor above
the regulatory flood protection elevation. These alternative
methods may include the use of stilts, pilings, parallel walls,
etc., or above -grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be
considered above -grade and not a structure's basement or lowest
floor if: (1) the enclosed area is above -grade on at least one
side of the structure; (2) it is designed to internally flood and
is constructed with flood resistant materials; and (3) it is used
solely for the parking of vehicles, building access or storage.
The aboved-noted alternative elevation methods are subject to the
following additional standards:
(i) Design and Certification - The structure's design
and as -built condition must be certified by a registered
professional engineer or architect as being in compliance
with the general design standards of the state building code
and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the regulatory
flood protection elevation or be designed to prevent flood
water from entering or accumulating within these components
during times of flooding.
(ii) Specific Standards for Above -grade, Enclosed
Areas - Above -grade, fully enclosed areas such as crawl
spaces or tuck under garages must be designed to internally
flood and the design plans must stipulate:
(aa) The minimum area of openings in the walls
where internal flooding is to be used as a flood
proofing technique. When openings are placed in a
structure's walls to provide for entry of flood waters
to equalize pressures, the bottom of all openings shall
be no higher than one -foot above grade. Openings may
be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the
automatic entry and exit of flood waters.
(bb) That the enclosed area will be designed of
flood resistant materials in accordance with the FP-3
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or FP-4 classifications in the state building code and
shall be used solely for building access, parking of
vehicles or storage.
(b) Basements, as defined by Section 826.77 of this
ordinance shall be subject to the following:
(i) Residential basement construction shall not be
allowed below the regulatory flood protection elevation.
(ii) Non-residential basements may be allowed below the
regulatory flood protection elevation provided the basement
is structurally dry flood proofed in accordance with Section
826.83 of this ordinance.
(c) All areas of nonresidential structures including
basement to be placed below the regulatory flood protection
elevation shall be flood proofed in accordance with the
structurally dry flood proofing classifications in the state
building code. Structurally dry flood proofing must met the FP-1
or FP-2 flood proofing classification in the state building code
and this shall require making the structure watertight with the
walls substantially impermeable to the passage of water and with
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of bouyancy.
Structures flood proofed to the FP-3 or FP-4 classification shall
not be permitted.
(d) When at any one time more than 1,000 cubic yards of
fill or other similar material is located on a parcel for such
activities as on -site storage, landscaping, sand and gravel
operations, landfills, roads, dredge soil disposal or
construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the community is enforcing
a state approved shoreland management ordinance. In the absence
of a state approved shoreland ordinance, the plan must clearly
specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the 100-year or regional flood event.
The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to
the city council. The plan may incorporate alternative procedures
for removal of the material from the flood plain if adequate
flood warning time exits.
(e) Storage of Materials and Equipment:
(i) The storage or processing of materials that are,
in time of flooding, flammable, explosive, or potentially
injurious to human, animal, or plant life is prohibited.
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(ii) Storage of other materials or equipment may be
allowed if readily removable from the area within the time
available after a flood warning and in accordance with a
plan approved by the city council.
(f) The provisions of Section 826.83 of this ordinance
shall also apply.
Subd. 5. Standards for All Flood Fringe Uses.
(a) All new principal structures must have vehicular access
at or above an elevation not more than two (2) feet below the
regulatory flood protection elevation. If a variance to this
requirements is granted, the Board of Adjustment must specify
limitations on the period of use or occupancy of the structure
for times flooding and only after determining that adequate flood
warning time and local flood emergency response procedures exist.
(b) Commercial Uses - accessory land
railroad tracks, and parking lots may be at
the regulatory flood protection elevation.
such facilities to be used by the employees
shall not be granted in the absence of a
that provides adequate time for evacuation
inundated to a depth greater than two feet or be subject to flood
velocities greater than four feet per second upon occurrence of
the regional flood.
uses, such as yards,
elevations lower than
However, a permit for
or the general public
flood warning system
if the area would be
(c) Manufacturing and Industrial Uses - measures shall be
taken to minimize interference with normal plant operations
especially along 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 in Section
826.83 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.
(d) Fill shall be properly compacted and the slopes shall
be properly protected by the use of riprap, vegetative cover or
other acceptable method. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood
hazards area designation for certain structures properly elevated
on fill above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection
standards for multi -structure or multi -lot developments. These
standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation
will be requested.
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(e) Flood plain developments shall not 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.
(f) Standards for travel trailers and travel vehicles are
contained in Section 826.89.
(g) All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation,
collapse and lateral movement. Methods of anchoring may include,
but are not to be limited to, use of over -the -top or frame ties
to ground anchors. This requirement is in addition to applicable
state or local anchoring requirements for resisting wind forces.
826.85. General Flood Plain District. Subdivision 1.
Permissible Uses.
(a) The uses listed in Section 826.81 of this ordinance
shall be permitted uses.
(b) A11 other uses shall be subject to the floodway/flood
fringe evaluation criteria pursuant to subdivision 2 below.
Section 826.81 shall apply if the proposed use is in the Floodway
District and Section 826.83 shall apply if the proposed use is in
the Flood Fringe District.
Subd. 2. Procedures for Floodway and Flood Fringe
Determinations 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 zoning administrator
for the determination of the regulatory flood protection
elevation and whether the proposed use is within the Floodway or
Flood Fringe District.
(i) 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.
(ii) 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.
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(iii) Profile showing the slope of the bottom of the
channel or flow line of the stream for at least 550 feet in
either direction from the proposed development.
(b) The applicant shall be responsible to submit one copy
of the above information 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 District and
to determine the regulatory flood protection elevation.
Procedures consistent with Minnesota Regulations 1983, Parts
6120.5000 - 6120.6200 shall be followed in this expert
evaluation. The designated engineer or expert is strongly
encouraged to discuss the proposed technical evaluation
methodology with the respective department of natural resources'
area hydrologist prior to commencing the analysis. the
designated engineer or expert shall:
(i) Estimate the peak discharge of the regional flood.
(ii) Calculate the water surface profile of the
regional flood based upon a hydraulic analysis of the stream
channel and overbank areas.
(iii) Compute the floodway necessary to convey or store
the regional flood without increasing flood stages more than
0.5 foot. A lesser stage increase than .5' shall be
required if, as a result of the additional stage increase,
increased flood damages would result. An equal degree of
encroachment on both sides of the stream within the reach
shall be assumed in computing floodway boundaries.
(c) The zoning administrator shall present the technical
evaluation and findings of the designated engineer or expert to
the city council. The city council must formally accept the
technical evaluation and the recommended Floodway and/or Flood
Fringe District boundary or deny the permit application. The
city council, prior to official action, may submit the
application and all supporting data and analysis to FEMA, the
department of natural resources or the planning commission for
review and comment. Once the Floodway and Flood Fringe
boundaries have been determined, the city council shall refer the
matter back to the zoning administrator who shall process the
permit application consistent with the applicable provisions of
Section 826.81 and 826.83 of this ordinance.
826.87. Public Utilities, Railroads, Roads and Bridges.
Subdivision 1. Public Utilities. A11 public utilities and
facilities such as gas, electrical, sewer, and water supply
systems to be located in the flood plain shall be flood -proofed
in accordance with the state building code or elevated to above
the regulatory flood protection elevation.
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Subd. 2. Public Transportation Facilities. Railroad
tracks, roads, and bridges to be located within the flood plain
shall comply with Sections 826.81 and 826.83 of this ordinance.
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 or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or
safety.
Subd. 3. On -site Sewage Treatment and Water Supply System.
Where public utilities are not provided: (1) On -site water
supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and (2) New or
replacement on -site sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in
accordance with the state's current statewide standards for on -
site sewage treatment systems shall be determined to be in
compliance with this section.
826.89. Manufactured Homes and Manufactured Home Parks and
Placement of Travel Trailers and Travel Vehicles. Subdivision 1.
New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions placed
on subdivisions by Sections 820.01 et seq. of this ordinance.
Subd. 2. The placement of new or replacement manufactured
homes in existing manufactured home parks or on individual lots
of record that are located in flood plain districts will be
treated as a new structure and may be placed only if elevated in
compliance with 826.83 of this ordinance. If vehicular road
access for pre-existing manufactured home parks is not provided
in accordance with Section 826.83, then replacement manufactured
homes will not be allowed until the property owner(s) develops a
flood warning emergency plan acceptable to the city council.
(a) All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation,
collapse and lateral movement. Methods of anchoring may include,
but are not limited to, use of over -the -top or frame ties to
ground anchors. This requirement is in addition to applicable
state or local anchoring requirements for resisting wind forces.
Subd. 3. Travel trailers and travel vehicles that do not
meet the exemption criteria specified below shall be subject to
15
the provisions of this ordinance and as specifically spelled out
in this section.
(a) Exemption - Travel trailers and travel vehicles are
exempt from the provisions of this ordinance if they are placed
in any of the areas listed below and further they meet the
following criteria:
(i) Have current licenses required for highway use.
(ii) Are highway ready meaning on wheels or the
internal jacking system, are attached to the site only by
quick disconnect type utilities commonly used in campgrounds
and trailer parks and the travel trailer/travel vehicle has
no permanent structural type additions attached to it.
(iii) The travel trailer or travel vehicle and
associated use must be permissible in any pre-existing,
underlying zoning use district.
(b) Areas exempted for placement of travel/recreational
vehicles:
(i) Individual lots or parcels of record.
(ii) Existing commercial recreational vehicle parks or
campgrounds.
(iii) Existing condominium type associations.
(c) Travel trailers and travel vehicles exempted in this
section lose this exemption when development occurs on the parcel
exceeding $500 dollars for a structural addition to the travel
trailer/travel vehicle or an accessory structure such as a garage
or storage building. The travel trailer/travel vehicle and all
additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation/flood proofing
requirements and the use of land restrictions specified in
Sections 826.81 and 826.83 of this ordinance.
(d) New commercial travel trailer or travel vehicle parks
or campgrounds and new residential type subdivisions and
condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be
subject to the following:
(i) Any new or replacement travel trailer or travel
vehicle will be allowed in the Floodway or Flood Fringe
Districts provided said trailer or vehicle and its contents
are placed on fill above the regulatory flood protection
16
elevation and proper elevated road access to the site exists
in accordance with Section 826.83 of this ordinance. No
fill placed in the floodway to meet the requirements of this
section shall increase flood stages of the 100-year or
regional flood.
(ii) All new or replacement travel trailers or travel
vehicles not meeting the criteria of (i) above may, as an
alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions
of 826.91 of the ordinance. The applicant must submit an
emergency plan for he safe evacuation of all vehicles and
people during the 100 year flood. Said plan shall be
prepared by a registered engineer or other qualified
individual and shall demonstrate that adequate time and
personnel exist to carry out the evacuation. All attendant
sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or
constructed so as to not be impaired or contaminated during
times of flooding in accordance with Section 826.87 of this
ordinance.
826.91. Administration. Subdivision 1. Zoning Administrator.
The zoning administrator shall administer and enforce this
ordinance. If the zoning administrator finds a violation of the
provisions of this ordinance, the zoning administrator shall
notify the person responsible for such violation in accordance
with the procedures stated in Section 826.95 of the ordinance.
Subd. 2. Permit Requirements.
(a) Permit Required. A permit issued by the zoning
administrator in conformity with the provisions of this ordinance
shall be secured prior to the erection, addition, 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
change or extension of a nonconforming use; and prior to the
placement of fill, excavation of materials, or the storage of
materials or equipment within the flood plain.
(b) Application for Permit. Application for a permit shall
be made in duplicate to the zoning administrator on forms
furnished by the zoning administrator and shall include the
following where applicable: plans in duplicate 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
stream channel.
17
(c) State and Federal Permits. Prior to granting a permit
or processing an application for a conditional use permit or
variance, the zoning administrator shall determine that the
applicant has obtained all necessary state and federal permits.
(d) Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or
permit the use or occupancy of any building or premises or part
thereof hereafter created, erected, changed, converted, altered,
or enlarged in its use or structure until a certificate of zoning
compliance shall have been issued by the zoning administrator
stating that the use of the building or land conforms to the
requirements of this ordinance.
(e) Construction and Use to be as Provided on Applications,
Plans, Permits, Variances and Certificates of Zoning Compliance.
Permits, conditional use permits, or certificates of zoning
compliance 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 a
violation of this ordinance, and punishable as provided by
Section 826.95 of this ordinance.
(f) Certification. 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 ordinance. Flood -proofing
measures shall be certified by a registered professional engineer
or registered architect.
(g) Record of First Floor Elevation. The zoning
administrator shall maintain a record of the elevation of the
lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the flood
plain. The zoning administrator shall also maintain a record of
the elevation to which structures or alterations and additions to
structures are flood -proofed.
Subd. 3. Board of Adjustment.
(a) Rules. The Board of Adjustment shall adopt rules for
the conduct of business and may exercise all of the powers
conferred on such boards by state law.
(b) Administrative Review. The board shall hear and decide
appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative
official in the enforcement or administration of this ordinance.
18
(c) Variances. The board may authorize upon appeal in
specific cases such relief or variance from the terms of this
ordinance as will not be contrary to the public interest and only
for those circumstances such as hardship, practical difficulties
or circumstances unique to the property under consideration, as
provided for in the respective enabling legislation for planning
and zoning for cities or counties as appropriate. In the granting
of such variance, the board shall clearly identify in writing the
specific conditions that existed consistent with the criteria
specified in the respective enabling legislation which justified
the granting of the variance. No variance shall have the effect
of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the regulatory
flood protection elevation for the particular area, or permit
standards lower than those required by state law.
(d) Hearings. Upon filing with the board an appeal from a
decision of the zoning administrator, or an application for a
variance, the board shall fix a reasonable time for a hearing and
give due notice to the parties in interest as specified by law.
The board shall submit by mail to the commissioner of natural
resources a copy of the application for proposed variance
sufficiently in advance so that the commissioner will receive at
least ten days notice of the hearing.
(e) Decisions. The board shall arrive at a decision on
such appeal or variance within 60 days. In passing upon an
appeal, the Board may, so long as such action is in conformity
with the provisions of this ordinance, reverse or affirm, wholly
or in part, or modify the order, requirement, decisions or
determination of the zoning administrator or other public
official. It shall make its decision in writing setting forth
the findings of fact and the reasons for its decisions. In
granting a variance, the board may prescribe appropriate
conditions and safeguards such as those specified in Section
826.91, which are in conformity with the purposes of this
ordinance. Violations of such conditions and safeguards, when
made a part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance punishable under
Section 826.95. A copy of all decisions granting variances shall
be forwarded by mail to the commissioner of .natural resources
within ten (10) days of such action.
(f) Appeals. Appeals from any decision of the board may be
made, as specified in the zoning ordinance and also Minnesota
statutes.
(g) Flood Insurance Notice and Record Keeping. The zoning
administrator shall notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the
19
base flood level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of insurance
coverage and (2) Such 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 variance
actions. A community shall maintain a record of all variance
actions, including justification for their issuance, and report
such variances issued in its annual or biennial report submitted
to the administrator of the national flood insurance program.
Subd. 4. Conditional Uses. The planning commission shall
hear and decide applications for conditional uses permissible
under this ordinance. Applications shall be submitted to the
zoning administrator who shall forward the application to the
planning commission for consideration.
(a) Hearings. Upon filing with the planning commission an
application for a conditional use permit, the zoning
administrator shall submit by mail to the commissioner of natural
resources a copy of the application for proposed conditional use
sufficiently in advance so that the commissioner will receive at
least ten days notice of the hearing.
(b) Decisions. The planning commission shall arrive at a
decision on a conditional use within 60 days. In granting a
conditional use permit the planning commission shall prescribe
appropriate conditions and safeguards, in addition to those
specified in Section 826.91, which are in conformity with the
purposes of this ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of
this ordinance punishable under Section 826.95. A copy of all
decisions granting conditional use permits shall be forwarded by
mail to the commissioner of natural resources within ten (10)
days of such action.
(c) Procedures to be followed by the planning commission in
Passing on Conditional Use Permit Applications within all Flood
Plain Districts.
(i) Require the applicant to furnish such of the
following information and additional information as deemed
necessary by the zoning administrator for determining the
suitability of the particular site for the proposed use:
(aa) Plans in triplicate 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 for the above to the location of the
stream channel.
20
(bb) Specifications for building construction and
materials, flood -proofing, filling, dredging, grading,
channel improvement, storage of materials, water supply
and sanitary facilities.
(ii) Transmit one copy of the information described
above 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 seriousness of flood damage to the use,
the adequacy of the plans for protection, and other
technical matters.
(iii) Based upon the technical evaluation of the
designated engineer or expert, the planning commission shall
determine the specific flood hazard at the site and evaluate
the suitability of the proposed use in relation to the flood
hazard.
(d) Factors upon which the decision 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:
(i) The danger to life and property due to increased
flood heights or velocities caused by encroachments.
(ii) The danger that materials may be swept onto other
lands or downstream to the injury of others or they may
block bridges, culverts or other hydraulic structures.
(iii) The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
(iv) The susceptability of the proposed facility and
its contents to flood damage and the effect of such damage
on the individual owner.
(v) The importance of the services provided by the
proposed facility to the community.
(vi) The requirements of the facility for a waterfront
location.
(vii) The availability of alternative locations not
subject to flooding for the proposed use.
(viii) The compatibility of the proposed use with
existing development and development anticipated in the
foreseeable future.
21
(ix) The relationship of the proposed use to the
comprehensive plan and flood plain management program for
the area.
(x) The safety of access to the property in times of
flood for ordinary and emergency vehicles.
(xi) The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters expected at
the site.
(xii) Such other factors which are relevant to the
purposes of this ordinance.
(e) Time for Acting on Application. The city council shall
act on an application in the manner described above within 60
days from receiving the application, except that where additional
information is required pursuant to this section of this
ordinance. The city council shall render a written decision
within 60 days from the receipt of such additional information.
(f) Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
ordinance, the city council shall attach such conditions to the
granting of conditional use permits as it deems necessary to
fulfill the purposes of this ordinance. Such conditions may
include, but are not limited to, the following:
(i) Modification of waste treatment and water supply
facilities.
(ii) Limitations on period of use, occupancy, and
operation.
(iii) Imposition of operational controls, sureties, and
deed restrictions.
(iv) Requirements for construction for channel
modifications, compensatory storage, dikes, levees, and
other protective measures.
(v) Flood -proofing measures, in accordance with the
state building code and this ordinance. The applicant shall
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.
22
826.93. Nonconforming Uses. Subdivision 1. A structure or the
use of a structure or premises which was lawful before the
passage or amendment of this ordinance but which is not in
conformity with the provisions of this ordinance may be continued
subject to the following conditions:
(a) No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
(b) Any alteration or addition to a nonconforming structure
or nonconforming use which would result in increasing the flood
damage potential of that structure or use shall be protected to
the regulatory flood protection elevation in accordance with any
of the elevation on fill or flood proofing techniques (i.e., FP-1
thru FP-4 floodproofing classifications) allowable in the state
building code, except as further restricted in below.
(c) The cost of any structural alterations or additions to
any nonconforming structure over the life of the structure shall
not exceed 50 percent of the market value of the structure unless
the conditions of this section are satisfied. The cost of all
structural alterations and additions constructed since the
adoption of the City's initial flood plain controls must be
calculated into today's current cost which will include all costs
such as construction materials and a reasonable cost placed on
all manpower or labor. If the current cost of all previous and
proposed alterations and additions exceeds 50 percent of the
current market value of the structure, then the structure must
meet the standards of Section 826.81 or 826.83 of this Ordinance
for new structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
(d) If any nonconforming use is discontinued for 12
consecutive months, any future use of the building premises shall
conform to this ordinance. The assessor shall notify the zoning
administrator in writing of nonconforming uses which have been
discontinued for a period of 12 months.
(e) If any nonconforming use or structure is destroyed by
any means, including floods, to an extent of 50 percent or more
of its market value at the time of destruction,, it shall not be
reconstructed except in conformity with the provisions of this
Ordinance. The applicable provisions for establishing new uses
or new structures in Sections 826.81 through 826.85 will apply
depending upon whether the use or structure is in the Floodway,
Flood Fringe or General Flood Plain District, respectively.
826.95. Penalties for Violation. Subdivision 1. Violation of
the provisions of this ordinance or failure to comply with any o'
its requirements (including violations of conditions ar3
23
safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the city
from taking such other lawful action as is necessary to prevent
or remedy any violation. Such actions may include but are not
limited to:
(a) In responding to a suspected ordinance violation, the
zoning administrator may utilize the full array of enforcement
actions available, including but not limited to prosecution and
fines, injunctions, after -the -fact permits, orders for corrective
measures or a request to the national flood insurance program for
denial of flood insurance availability to the guilty party. The
city must act in good faith to enforce these official controls
and to correct ordinance violations to the extent possible so as
not to jeopardize its eligibility in the national flood insurance
program.
(b) When an ordinance violation is either discovered by or
brought to the attention of the zoning administrator, the zoning
administrator shall immediately investigate the situation and
document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information
will be submitted to the appropriate department of natural
resources and FEMA regional office along with the city's plan of
action to correct the violation to the degree possible.
(c) The zoning administrator shall notify the suspected
party of the requirements of this Ordinance and all other
official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is
under construction or development, the zoning administrator may
order the construction or development immediately halted until a
proper permit or approval is granted by the city. If the
construction or development is already completed, then the zoning
administrator may either (1) issue an order identifying the
corrective actions that must be made within a specified time
period to bring the use or structure into compliance with the
official controls, or (2) notify the responsible party to apply
for an after -the -fact permit/development approval within a
specified period of time not to exceed 30-days.
(d) If the responsible party does not appropriately respond
to the zoning administrator within the specified period of time,
each additional day that lapses shall constitute an additional
violation of this ordinance and shall be prosecuted accordingly.
The zoning administrator shall also upon the lapse of the
specified response period notify the landowner to restore the
24
land to the conditions which existed prior to the violation of
this ordinance.
826.97. Amendments. The flood plain designation on the
official zoning map shall not be removed from flood plain areas
unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation of the
regional flood and is contiguous to lands outside the flood
plain. Special exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he determines that, through
other measures, lands are adequately protected for the intended
use.
All amendments to this ordinance, including amendments to
the official zoning map, must be submitted to and approved by the
commissioner of natural resources prior to adoption. Changes in
the official zoning map must meet the FEMA technical conditions
and criteria and must receive prior FEMA approval before
adoption. The commissioner of natural resources must be given
10-days written notice of all hearings to consider an amendment
to this ordinance and said notice shall include a draft of the
ordinance amendment or technical study under consideration.
Section III. This ordinance shall become effective upon its
adoption and publication.
Adopted by the City Council of the City of Medina this
day of , 1991.
ar
ATTEST:
Donna Roehl, Clerk -Treasurer
M. A romite
Published in the Crow River News this
1991.
ME230-102
25
/7
day of
NOTICE:
.ems
MEDINA
RESOLUTION NO. 91-34
RESOLUTION AUTHORIZING PUB-
LICATION OF
ORDINANCE NO. 255 BY TITLE AND
SUMMARY
WHEREAS, the City Council of the
City of Medina has adopted Ordinance
No. 255, relating to the modification of
Section 826.75 through 826.97 of the
Code of City Ordinances, the City's flood
plain ordinance; and
wuGr:IFAS Minnesota StatutegSec-
tion 412.191, subd. 4 allows publication.
by title and summary in the case of
lengthy ordinances; and
WHEREAS, the City Council believes
that the following summary would clearly
inform the public of the intent and effect of
the ordinance.
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council of City of
Medina that the city clerk -treasurer shall
cause the following summary of Ordi-
nance No. 255 to be published in the
official newspaper in lieu of the entire
ordinance:
Public Notice
The City Council of the City of Medina
has adopted Ordinance No. 255 modify-
ing the City's flood plain ordinance. The
ordinance amendment is intended to
bring the City's ordinance into compli-
ance with the requirements of the Minne-
sota department of natural resources
and the federal emergency management
agency. The full text of the ordinance No.
255 is available at the Medina city hall
during regular business hours.
/s/ Donna Roehl, City Clerk -Treasurer
BE IT FURTHER RESOLVED by the
City Council of the City of Medina that the
city clerk -treasurer keep a copy of the
ordinance in her office, at city hall for
public inspection and that she post a full
copy of the ordinance in a public place
within the City.
Gary M. Acromite, Mayor
ATTEST:
Donna Roehl, City Cleric -Treasurer
The foregoing motion was duly sec-
onded by member Thies; and upon a vote
being taken thereon, the following voted
in favor thereof:
Acromite, Thies, Mitchell, Scherer,
Zietlow
and the following voted against the
same:
None
Whereupon the amendment was de-
clared adopted.
Published in the Crow River News
Monday, June 17, 1991
CR1227
State of Minnesota
County of Wright
County of Hennepin
as
Affidavit of Publication
Don R. Larson, being duly sworn, on oath says that he is the publisher or authorized agent and em-
ployee of the publisher of the newspaper known as The South Crow River News and has full knowl-
edge of the facts which are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331.02, 331.06, and other applicable laws, as amended.
(B) The printed City of Medina
Resolution 91-34
which is attached was cut from the columns of said newspaper, and was printed and published
once each week for 1 successive weeks; it was first published on Monday the
17 day of June 19 91 and was thereafter printed and published on every Monday
to and including the day of ,19
and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the notice:
Subscribed and sworn to before me
on this-1
Notary Public
abcdefghijklmnopqrstuvwxyz
By: C
Don R. Larson
Title: Publisher
c
day of N.) 19 r�•�ear++xs
� I ^:',.PCLE J. L.ARSOiv!
i;"' f'�_IC - .5t:t SOTA
^.OUN Y •
(is '.: C:;mmtcs.on Expires tslay9. 1993