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HomeMy Public PortalAbout293CITY OF MEDINA ORDINANCE NO.293 AN ORDINANCE AMENDING CITY'S ZONING ORDINANCE REGULATING TO THE FLOODPLAIN DISTRICT Draft 9/9/96 The City Council of the City of Medina Ordains as follows: SECTION I: The Code of Ordinances of the City of Medina is amended by deleting the st-rieken materials and adding the underlined material as follows: 825.07. Definitions. The following words and terms shall have the meanings ascribed to them: Subd. 1. Accessory Use or Structure - A use or structure or portion of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 2. Administrator - The duly appointed person charged with enforcement of this Ordinance. Subd. 3. Agricultural Use - The use of land for the growing and/or production of field crops, livestock, and livestock products for the production of income including but not limited to the following: (a) Field crops, including: barley, soy beans, corn, hay, oats, potatoes, rye, sorghum, and sunflowers. (b) Livestock, including: dairy and beef cattle, goats, horses, sheep, hogs, poultry, game birds and other domestic animals including ponies, deer, rabbits, and mink, except dogs. (c) Livestock products, including: milk, butter, cheese, eggs, meat, fur and honey. (d) Horticulture - The use of land for the growing or production of faits, vegetables, flowers, cultured sod and nursery stock, including ornamental plants and trees, for the production of income. products. (e) Aquaculture - The raising and production of fish and other water related (f) Drainage Systems, Tiling, and Irrigation. Subd. 4. Airport or Heliport - Any land or structure which is used or intended for use, for the RHB109609 ME230-5 1 landing and take -off of aircraft, and any appurtenant land or structure used or intended for use for port buildings or other port structure or rights -of -way. Subd. 4.1. Apartment - A dwelling unit in a building containing three or more dwelling units. Subd. 5. Auto or Motor Vehicle Reduction Yard - A lot or yard where one or more unlicensed motor vehicle(s), or the remains thereof, are kept for the purpose of dismantling, wrecking, crushing, repairing, rebuilding,sale of parts, sale as scrap, storage, or abandonment. (See also Junk Yard.) Subd. 6. Basement nYvrtivii vi f „ building le tea artly nd0 nd but ha gl f ha � i i f its floor to-ceiling--height-below th� � d f th oining g, „d. Any area of a m�—?c`vaTic'� �rcrn. v 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. Subd. 7. Bluffline - A line along the top of a slope connecting the points at which the slope becomes less than 12% over a distance of at least 50 feet. This applies to those slopes within the land use district(s) which are beyond the setback provisions from the ordinary high water level. Subd. 8. Boathouse - A one (1) story structure not to exceed 10 feet in height, exclusive of safety rails, used or intended for use for the of storage of boats and accessories. Subd. 8.1. Boarding house (Rooming or Lodging House) - A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals or lodgings are provided for three or more persons, but not to exceed ten persons. Subd. 9. Building - A structure having a roof supported by columns or walls. Subd. 10. Building Line - A line parallel to the street right-of-way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right-of-way line. Subd. 11. Building Line, Shoreland - A line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Subd. 12. Building Height - The vertical distance measured from the lowest grade adjacent to a building footprint, to the top cornice of a flat roof, the deck line of a mansard roof, a point on the roof directly above the highest point of a shed roof, the uppermost point on a round or similar arch roof, or a point on the highest gable or hip which is midway between the lowest and highest points of that gable or hip roof Subd. 13. Building Setback - The minimum horizontal distance between the building and a lot line. Subd. 14. Business - Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation. Subd. 15. Carport - An automobile shelter having one or more sides open. RHB109609 ME230-5 2 Subd. 16. Church - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Subd. 17. Club and Lodge - A public or private building in which the members of one or more public or private organizations regularly assemble. Subd. 18. Comprehensive Plan or Policies - A compilation of goals, policy statements, standards, programs and maps for guiding the physical, social and economic development, both public and private, of the county and its environs, as defined in the Minnesota City Planning Act, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof Subd. 19. Commissioner - Commissioner of the Minnesota Department of Natural Resources. Subd. 20. Community Residential Facility - A state licensed group home or foster home serving mentally retarded or physically handicapped persons. Subd. 21. Conditional Use - The conditional use is a permitted use within the zone, and maintains itself as a permitted use as long as the conditions set down by the City Council are not violated. The Council has the authority to set conditions on the granting of a conditional use permit because, although the use is permitted in the zone, it may be detrimental to the adjoining properties in certain instances, unless various conditions are attached. A conditional use permit runs with the land and can be maintained by subsequent owners as long as the conditions are not violated. There may be instances where a conditional use permit is reviewed annually by a City Council, but this procedure is effective only to determine whether the conditions are being violated. The permit cannot be revoked, on an annual review, if all conditions are being complied with. Subd. 22. County Board - Hennepin County Board of Commissioners. Subd. 23. Curb Level - The grade elevation established by the governing body of the curb in front of the center of the building. Where no curb level has been established, the engineering staff shall determine a curb level or its equivalent for the purpose of this Ordinance. Subd. 23.1. Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and extending at any point more than three feet above ground. Subd. 24. Drive -In - Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided within a building. Subd. 25. Dwelling Unit - A residential building or portion thereof which is arranged, designed, used or intended for use as the living quarters for one family, but not including hotels, motels, RHB109609 ME230-5 3 or boarding or rooming houses. Subd. 26. Dwelling, Attached - a dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Subd. 27. Dwelling, Detached - A dwelling which is entirely surrounded by open space on the same lot. Subd. 28. Easement - A grant by a property owner for the use of a strip of land by the public or any person for any specific purpose or purposes. Subd. 28.1. 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. Subd. 29. Essential Services - Overhead or underground electric, gas, communication, steam or water transmission or distribution systems and structures, by public utilities or governmental departments or commissions or as are required for protection of the public health, safety or general welfare, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, and accessories in connection therewith, but not including buildings. Notwithstanding the above, a building may be constructed as an accessory structure to an essential service provided that it may be used only to provide weather protection for stationary equipment, may not exceed 400 square feet and may not exceed 15 feet in height. If a building is constructed as an accessory structure to an essential service, the exterior building materials must be in compliance with Section 828.04 and the site must be landscaped in accordance with Section 828.09 of this ordinance. Subd. 30. Exterior Storage (Includes Open Storage) - The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. Subd. 31. Excavation - The removal, breaking or undermining of 300 cubic yards or more of the natural surface of the earth. In the shoreland overlay district, the term means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, or nonmetallic minerals and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. Subd. 32. Family - Family is any one of the following: (a) An individual; (b) Two or more persons related by blood, marriage or adoption and maintaining a common household; (c) A group of not more than five unrelated persons maintaining a common household. Subd. 33. Farm - A tract of land 10 acres or more in size which is principally used for RHB109609 ME230-5 4 agricultural activities such as the production of cash crops, livestock or poultry farming. Such farm may include agricultural dwellings and accessory buildings and structures necessary to the operation of the farm. Subd. 34. Feedlots, Livestock - The place of confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes in yards, lots, pens, buildings, or other areas not normally used for pasture or crops and in which substantial amounts of manure or related other wastes may originate by reason of such feeding of animals. Subd. 35. Fence - A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing marker, barrier or enclosure and located along the boundary, or within the required yard. Subd. 36. Flood ^ te. a se i., stre „, r, . t th * l+ ' a t' f th � � .. r.�.Yvaw J� iiuv ui u�i vuaaa uv`v'�' vi ��"Rg'�G-C12RLTGJ'Q�ZG3Z�I�1-IiIUI1CTUCie�-Cilc areaadjace„t to the channel. 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. Subd. 37. Flood Frequency - The average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Subd. 38. Flood Fringe - That portion of the floodplain outside of the floodway and which has been or hereafter may be covered by the regional flood. Subd. 39. 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. Subd. 40. Floodplain The a o adjoining a ,atercourse which havo been hero fle y be ' o onal aooa. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Subd. 41. Floodway - The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood. Subd. 42. Floor Plan - General - A graphic representation of the anticipated utilization of the floor area within a building or structure but not necessarily as detailed as construction plans. Subd. 43. Forestry - The use and management including logging, of a forest woodland or plantation and related research and educational activities, including the construction, alteration or maintenance of woodroads, skidways, landings, and fences. Subd. 44. Frontage - That boundary of a lot which abuts an existing or dedicated public street. Subd. 45. Garage, Private - An accessory building or accessory portion of the principal building which is intended for and used to store the private passenger vehicles of the family or families RHB109609 ME230-5 5 resident upon the premises. Subd. 46. Garbage - All discarded material resulting from the handling, processing, storage, preparation, serving and consumption of food. Subd. 47. Governing Body - Medina City Council. Subd. 48. Highway - Any public thoroughfare or vehicular right-of-way with a Federal or State numerical route designation; any public thoroughfare or vehicular right-of-way with a Hennepin County numerical route designation. Subd. 49. Home Occupation - Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) no person not residing in the dwelling may be employed on -site in the home occupation; (b) no over-the-counter retail sales; (c) no exterior signs or signs visible from the exterior advertising the home occupation; (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure and may not occupy more than 500 square feet or 25 percent of the principal floor, whichever is less; (fj no customers, clients, patients or students may visit the site in connection with the home occupation; no deliveries associated with the home occupation may be made in commercial vehicles over one ton capacity; (h) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; entrance to the space used for the home occupation must be within the dwelling; no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (k) no vehicle displaying the name of the home occupation may be used unless it is customarily parked within an enclosed garage; (g) (i) 0) RHB109609 ME230-5 6 (1) the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with residential use; and (m) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations. Subd. 49.1. Home Occupation (Conditional). Any gainful occupation or profession engaged in by any occupant of a dwelling which is clearly incidental and secondary to the use of the dwelling for residential purposes and subject to the following limitations: (a) not more than one person not residing in the dwelling may be employed on -site in the home occupation, regardless of the number of hours worked by the individual; (b) no over-the-counter retail sales; (c) only such signs as are permitted under Section 815.09 of this ordinance; (d) no outside storage; (e) the home occupation must be conducted solely within the principal structure; (f) limited customer, client, patient or student visits to the site in connection with the home occupation; (g) there must be adequate off-street parking for the anticipated number of persons on the site at any one time and the parking area must be screened from view from adjacent properties or rights -of -way; (h) limited deliveries associated with the home occupation in commercial vehicles over one ton capacity; (i) no equipment or devices not customarily used in residential dwellings may be used in connection with the home occupation; (j) entrance to the space used for the home occupation must be within the dwelling; (k) no interior or exterior alterations may be made to the dwelling to accommodate the home occupation except as may be customarily found in a dwelling; (1) (m) RHB109609 ME230-5 any vehicle displaying the name of the home occupation must be parked in an enclosed garage or in an area screened from view from adjacent properties or rights -of -way; the home occupation may not produce any light, glare, noise or vibration perceptible beyond the boundaries of the property which is not customarily associated with 7 residential use; (n) hours of business activity may be limited by the city council to protect the public health, safety and welfare; (o) the home occupation must be operated in compliance with all other applicable federal, state and local statutes, ordinances, codes and regulations; and (p) the city council may require compliance with any other conditions, restrictions or limitations it deems to be reasonably necessary to protect the residential character of the neighborhood. Subd. 49.2 Hotel - A building which provides a common entrance, lobby, halls and stairway and in which ten or more people are, for compensation, lodged with or without meals. Subd. 49.3. Individual Sewage Treatment System - A sewage treatment system, or part thereof, serving a dwelling or other small living or business unit, or group, thereof, which utilizes soil treatment and disposal. Subd. 49.4. Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Subd. 50. Junk Yard - An open area where waste, used, or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires, and bottles. A junk yard includes an auto wrecking yard but does not include uses established entirely within enclosed buildings. This definition does not include sanitary landfills. Subd. 51. Kennel - Any structure or premises on which three (3) or more dogs over six (6) months of age are kept requiring a license. Subd. 52. Landscaping - Planting such as trees, grass and shrubs. Subd. 52.1. Lodging Room - A room rented as sleeping and living quarters, but without cooking facilities. In a suite of rooms, without cooking facilities, each room which provides sleeping accommodations shall counted as one lodging room. Subd. 53. Lot - A parcel or portion of land in a subdivision or plat of land separated from other parcels or portions by description as on a subdivision or record of survey map, for the purpose of sale or lease or separate use thereof. Subd. 54. Lot of Record - Any lot which is one unit heretofore duly approved and filed that has been recorded in the office of the County Recorder for Hennepin County, Minnesota, prior to the effective date of this Ordinance. RHB109609 ME230-5 8 Subd. 55. Lot Area - The area of a lot in a horizontal plane bounded by lot lines, but not including any area occupied by a floodplain as designated on the adopted HUD/DNR Floodplain Map or area occupied by a wetland as designated on the Hennepin County Soil and Water Conservation District Map. Subd. 56. Lot, Corner - A lot situated at the junction of, and abutting on two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five degrees. Subd. 57. Lot Depth - The mean horizontal distance between the front lot line and the rear lot line of a lot. Subd. 58. Lot Line - The property line bounding a lot except that where any portion of a lot extends into the public right-of-way. The public right-of-way shall be the lot line for applying this Ordinance. Subd. 59. Lot Line, Front - That boundary of a lot which abuts an existing or dedicated public street. For purposes of addressing a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front line shall be designated by the owner and filed with the City Council. Subd. 60. Lot Line, Rear - That boundary of a lot which is opposite the front lot line. If the rear line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Subd. 61. Lot line, Side - Any boundary of a lot which is not a front lot line or a rear lot line. Subd. 62. Lot, Substandard - A lot or parcel of land for which a deed has been recorded in the office of the Hennepin County Recorder upon or prior to the effective date of this Ordinance which does not meet the minimum lot area, structure setbacks or other dimensional standards of this Ordinance. Subd. 63. Lot, Through - A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lines for applying this Ordinance. Subd. 64. Lot Width - The maximum horizontal distance between the side lot measured at the building setback line. Subd. 65. Metes and Bounds - A method of property description by means of their direction and distance from an easily identifiable point. Subd. 66. Mining - The extraction of sand, gravel, rock, soil, black dirt or other material from the land in the amount of one thousand cubic yards or more and the removing thereof from the site without processing shall be mining. The only exclusion from this definition shall be removal of RHB109609 ME230-5 9 materials associated with construction of a building, provided such removal is an approved item in the building permit. Subd. 66.1. Mobile Home - A dwelling unit bearing the seal of the state building inspector classifying it as a mobile home. Subd. 67. Mobile Home Park - Any site, lot, field, or tract of land under single ownership, designed, maintained or intended for the placement of two (2) or more occupied mobile homes. "Mobile Home Park" shall include any buildings structure, vehicle, or enclosure intended for use as part of the equipment of such mobile home park. Subd. 67.1. Modular Home - A dwelling unit bearing the seal of the state building inspector classifying it as a modular home. Subd. 67.2. Motel - A building or group of detached semi-detached, or attached buildings containing guest rooms or dwellings, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of automobile transients. Subd. 68. Multiple Residence - Three or more dwelling units in one structure. Subd. 69. Nursery, Landscape - A business growing and selling trees, flowering and decorative plants and shrubs and which may be conducted within a building or without, for the purpose of landscape construction. Subd. 69.1. Nursing Home - A building with facilities for the care of children, the aged, infirm, or place of rest for those suffering bodily disorder. Said nursing home shall be licensed by the state board of health as provided for in Minnesota Statutes, section 144.50. Subd. 69.2. 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. Subd. 70. Official Map - The map established by the governing body in accordance with the City Planning Act (MSA 462.354), showing streets, highways, parks and drainage, both existing and proposed. Subd. 71. Off -Street Loading Space - A space accessible from a street, alley, or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials. Such space shall be of a size as to accommodate one vehicle of the type typically used in the particular business. Subd. 72. Open Sales Lot (Exterior Storage) - Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky RHB109609 ME230-5 10 prior to sale. Subd. 73. Ordinary High Water Level - The boundary between public waters and wetlands at an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. For watercourses, the ordinance high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Subd. 74. Parking Space - A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile. Subd. 75. Pedestrian Way - A public or private right-of-way across or within a block, to be used by pedestrians. Subd. 75.1. Planned Unit Development: (a) As a conditional use permit, a development procedure whereby internal site design standard deviations from this Code may be allowed in order to accommodate two (2) or more principal structures, and/or facilitates improved site design and operation. (b) As a zoning district, a development procedure whereby a mixing of buildings and uses can occur which cannot be otherwise addressed under this Code, and/or whereby internal site design standard deviations from this Code may be allowed to improve site design and operation. Subd. 76. Planning Commission - The Planning Commission of Medina except where otherwise designated. Subd. 77. Principal Structure or Use - One which determines the predominant use as contrasted to accessory use or structure. Subd. 78. Property Line - The legal boundaries of a parcel of property which may also coincide with a right-of-way line of a road, cartway, and the like. Subd. 79. Protective Covenant - A contract entered into between private parties which constitute a restriction of the use of a particular parcel of property. Subd. 80. Public Land - Land owned or operated by municipal, school district, county, state or other governmental units. Subd. 80.1. Public Waters - Any waters as defined in Minnesota Statutes, section 105.37, subdivisions 14 and 15. RHB109609 ME230-5 11 Subd. 80.2. 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. Subd. 81. Recreation, Public - Includes all uses such as tennis courts, ball fields, picnic areas, and the like that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation. Subd. 82. Recreation, Commercial - Includes all uses such as bowling alleys, golf courses, driving ranges, and movie theaters that are privately owned and operated with the intention of earning a profit by providing entertainment for the public. Subd. 83. Recreation Equipment - Play apparatus such as swing sets and slides, sandboxes, poles for nets, unoccupied boats and trailers not exceeding twenty feet in length, picnic tables, lawn chairs, barbeque stands, and similar equipment or structures but not including tree houses, swimming pools, play houses exceeding twenty-five square feet of floor area or sheds utilized for storage of equipment. Subd. 84. Reclamation Land - The improvement of land by deposition of material to elevate the grade. Any parcel upon which 400 cubic yards or more of fill are deposited shall be considered as reclaimed land. Subd. 8685. Refuse - All putrescible and nonputrescible solid wastes, except body wastes, and including garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, and market and industrial solid wastes. Subd. 8786. Regional Flood average frequency in the magnitude of the 100 year recurrence interval. 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. Subd. 8587. Registered Land Survey - A survey map of registered land designed to simplify a complicated metes and bounds description, designating the same into a tract or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47. Subd. 88. Regulatory Flood Protection Elevation - A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the floodplain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. Subd. 89. Riding Stable - Commercial - Where horses are boarded for a fee or which has facilities for providing riding instructions, training, and sale of horses. RHB109609 ME230-5 12 Subd. 90. Riding Stable - Private - Stables, barns and facilities for the keeping andriding of horses, both indoor and outdoor, as an Accessory Use to a Single Family Dwelling, and for no commercial use. Subd. 91. Riding Stable - Public - Where horses are boarded but which provide horses for rent, for recreational use and operate as a livery stable. Subd. 92. Road - A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however otherwise designated, Ingress and egress easements shall not be considered roads. Subd. 93. Sanitary Landfill - A method of disposing of solid waste on land in accordance with a preconceived plan and without creating nuisances or hazards to public health or safety but utilizing the principles of environmental planning and engineering to confine solid waste to the proper and smallest practical area, to reduce it to the smallest volume, and to cover it with an adequate layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be required. Subd. 94. Selective Cutting - The removal of single scattered trees. Subd. 94.1. Shore Impact Zone - Land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Subd. 95. Shoreland - Land located within the following distances from public waters: 1,000 feet from the normal high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on such a river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits whenever the waters involved are bounded by natural topographic divides which extend landward from the water for lesser distances and when approved by the commissioner. Subd. 96. Shoreland Setback - The minimum horizontal distance between a structure and the normal high water level. Subd. 96.1. Steep Slope - In the shoreland overlay district, land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, but which are not bluffs. Subd. 97. Street - A public right-of-way which affords primary means of access to abutting property, and shall also include avenue, highway, road or way. RHB109609 ME230-5 13 Subd. 98. Street, Collector - A street which serves or is designed to serve as a traffic -way for a neighborhood or as a feeder to a major road. Subd. 99. Street, Major or Thoroughfare - A street which serves, or is designed to serve, heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic. Subd. 100. Street, Local - A street intended to serve primarily as an access to abutting properties. Subd. 101. Street Pavement - The wearing or exposed surface of the roadway used by vehicular traffic. Subd. 102. Street Width - The width of the right-of-way, measured at right angles to the centerline of the street. Subd. 103. Story - That portion of a building included between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story. Subd. 104. Structure Anything constructed, the use of which requires more or less gr-eund, 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. Subd. 105. Structural Alteration - Any change, other than incidental repairs, which would prolong the life of the supporting members of a structure, such as bearing walls, columns, beams, girders or foundations. Subd. 106. Subdivision - A subdivision is the dividing of a parcel of land into two or more parcels. (a) Platted Subdivision - if any resultant parcel is less than five (5) acres in area and less than three hundred (300) feet in width and the subdividing was done for the purpose of transfer of ownership to effectuate building development or if a new street or road is involved, regardless of the size of the parcel and/or its width, subsequent parcels must be platted in accordance with the terms and procedure of the City of Medina's Subdivision Regulations. (b) Unplatted Subdivision - A division of any parcel of land into two or more parts wherein all parts are at least five (5) acres and at least three hundred (300) feet in width and where no new road is involved. These do not require platting. Subd. 107. Travel Trailer - A vehicle without motor power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, RHB109609 ME230-5 14 horses, or skirting, which does not meet building code requirements and has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place. The term "Trailer" shall include camp car, camp bus, camper and house car. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the Minnesota Building Code. Subd. 107.1. Townhouse - A single family building attached by party walls with other single family buildings, and oriented so that all exits open to the outside. Subd. 108. Use - The purpose or activity for which the land or building thereon is designated, arranged or intended, or for which it is occupied, utilized or maintained. Subd. 109. Use, Accessory - A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. Subd. 110. Use, Non -Conforming - Use of land, buildings or structures legally existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. Subd. 111. Use, Permitted - A public or private use which of itself conforms with the purposes, objectives, requirements, regulations and performance standards of a particular district. Subd. 112. Use, Principal - The main use of land or buildings as distinguished from subordinate or accessory uses. A 'Principal Use" may be either permitted or conditional. Subd. 113. Use, Conditional - See Conditional Use. Subd. 114. Variance - A variation of the provisions of this Ordinance where it is determined that strict application of the Ordinance would cause an undue hardship. Subd. 115. Wetland - Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have a predominance of hydric soils, be inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions and, under normal circumstances, support a prevalence of hydrophytic vegetation. Subd. 116. Yard - A required open space on a lot which is unoccupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. Subd. 117. Yard, Rear - The portion of the yard on the same lot with the principal building located between the rear line of the building and the rear lot line and extending for the full width of the lot. RHB109609 ME230-5 15 Subd. 118. Yard, Side - The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. Subd. 119. Yard, Front - A yard extending along the full width of the front lot line between side lot lines and extending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. Subd. 120. Zoning Amendment - A change authorized by the City either in the allowed use within a district or in the boundaries of a district. Subd. 121. Zoning District - An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. 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 § 462 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 , March, 1980, and the flood boundary and floodway map and flood insurance rate map dated September 3, 1980 therein. the official zoning RHB109609 ME230-5 16 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 on this ordinance or any administrative decision lawfully made thereunder. Subd. 7. Scverability. If any section, clause, provision, or portion of this ordinance is er-dinanee-shall-net-be-affeeted-thereby, Subd. 8. Definitions. Unless specifically defined below, words or phrases used in this (a) Accessory Use or Structurc a use or structurc on the same lot with, and of a nature RHB109609 ME230-5 17 (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 gretand-le (c) Conditional Use means a specific type of structure or land use listed in the official conditions or restrictions as provided in the official zoning controls or building codes and upon a neighborhood- (d) Equal Degree of Encroachment a method of determining the location of floodway (e) Flood a temporary increase in the flow or stage of a stream or in the stage of a et-1 nd r lake lint r ut- +p i clato„ ,.f,,,.,-.,,atly .z, ., `v'v ��iaiiiitiia o (i) 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 (h) Flood Plain the beds proper and the areas adjoining a wetland, lake or watercourse vv o (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 discharge. (k) Obstruction any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, ;tructure, 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) stru�r, uvturtis. (m) RHB109609 ME230-5 Principal Use or Structure means all uses or structures that are not accessory uses or Reach a hydraulic engineering term to describe a longitudinal segment of a stream or 18 (n) Regional Flood a flood which is representative of large floods known to have (o) Regulatory Flood Protection Elevation The regulatory flood protection elevation shall (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, (q) Variance- means a modification of a specific 826.79. Establishment of Zoning Districts. Subdivision I . 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; RHB109609 ME230-5 19 (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 floodproof 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 provisions of this ordinance and specifically as stated in Section 826.91 of this ordinance. 826.81. Floodway District (FW). Subdivision 1. Permitted Uses. (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, bridges, utility transmission lines, and pipelines. (e) Storage yards for equipment, machinery, or materials. RHB109609 ME230-5 20 (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. (e) Accessory Structures: RHB109609 ME230-5 (i) Accessory structures shall not be designed for human habitation. 21 (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 floodproof 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 floodproof 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 floodproof 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 floodproof. (fl Storage of Materials and Equipment: 0) 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, Chapter 105103G. 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 RHB109609 ME230-5 22 "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 floodproof 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 floodproof in accordance with Section 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. Conditional use permits may be issued only pursuant to the provisions of Section 825.39 et seq 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 above - 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, RHB109609 ME230-5 23 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 equalise 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 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 floodproof 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 floodproof 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 buoyancy. Structures floodproof 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 RHB109609 ME230-5 24 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. 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 uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be 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. (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. (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. RHB109609 ME230-5 25 (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) All 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. (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: RHB109609 ME230-5 26 (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. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be floodproof in accordance with the state building code or elevated to above the regulatory flood protection elevation. 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 RHB109609 ME230-5 27 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 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: (0 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: (0 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. RHB109609 ME230-5 28 (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 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. Zertifig Administrator. The zoning administrator shall this ordinance, the zoning administrator shall notify the person responsible for such violation in Sian e . itb +tie eedures state,a in -Beet e „f-the ,,.-a;,,anee 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 826.91. Subdivisions. Subdivision 1. Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, 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 treatment facilities that comply with the provision of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. For all subdivisions in the floodplain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. RHB109609 ME230-5 29 Floodway/Flood Fringe Determinations in the General Floodplain District. In the General Floodplain District, applicants shall provide the information required in Section 826.85 Subd. 2 of this Ordinance to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site. Removal of Special Flood Hazard Area Designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard 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. (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. (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 or has demonstrated that they will comply. (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 floodproof. RHB109609 ME230-5 30 Subd. 3. Board of Adjustment. (b) Administrative Review. The board shall hear and decide appeals where it is alleged ..... auV. vvaiavaitVi Wuaa... (c)( a) Variances. T -he bea d . th, ri, o ' r m K�'� WWI.11Vi1L.V W1JV„ �'17G�III�V�/$��a�j]'j"'I'�jjlVTer ' l In the granting of stieh a 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. Uperi-filing- whebear-d ea4 f a ision of the zoning give d ie-netice to the -' -' •� ' The board shall submit by mail to the �aiv Ycu �av� ua ui 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 (g)(0 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 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 RHB109609 ME230-5 31 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. (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. (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. RHB109609 ME230-5 (iii) Based upon the technical evaluation of the designated engineer or expert, the 32 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 susceptibility 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. (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 ww . itlli , 6r, days f.,,.., lie fe o pt e f suel. aEklit:,,na inn *ien in Minnesota Statutes, § 15.99. RHB109609 ME230-5 33 (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. 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 RHB109609 ME230-5 34 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 of its requirements (including violations of conditions and 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 RHB109609 ME230-5 35 upon the lapse of the specified response period notify the landowner to restore the 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 II: This ordinance shall become effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 19th day of November, 1996. Anne E. Theis, Mayor Paul Robinson, Clerk -Treasurer Published in the Weekly News this 27th day of November, 1996. RHB109609 ME230-5 36