HomeMy Public PortalAbout374CITY OF MEDINA
ORDINANCE NO.374
AN ORDINANCE AMENDMENT TO REPEAL SECTIONS 826.75 — 826.97 OF THE
ORDINANCE AND ADOPT SECTIONS 826.74 - 826.97 OF THE ORDINANCE
REGARDING THE CITY'S FLOODPLAIN DISTRICT REGULATIONS
The City Council of the City of Medina Ordains as Follows:
SECTION I: Sections 826.74 through 826.97 of the Medina Code of Ordinances is amended to
add to the following text.
826.74.Floodplain Management Ordinance.
826.75.Statutory Authorization, Findings of Fact and Purpose.
Subd. 1. Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes
Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of 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.
(c) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the
rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the
National Flood Insurance Program.
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 in Section 826.75, subd. 2 (a) by provisions contained
herein.
826.77 General Provisions.
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Subd. 1. Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the
jurisdiction of the city 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, Volume 1 of 2 and Volume 2 of 2, Hennepin County,
Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0134 E,
27053C0142 E, 27053C0144 E, 27053C0153 E, 27053C0154 E, 27053C0158 E, 27053C0159 E,
27053C0165 E, 27053C0166 E, 27053C0167 E, 27053C0168 E, 27053C0169 E, 27053C0302 E,
27053C0306 E, and 27053C0307 E for the City of Medina, dated September 2, 2004, as developed by the
Federal Emergency Management Agency. The official zoning map shall be on file in the office of the city
clerk and the zoning administrator,
Subd. 3. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the flood plain that result from designation of a floodway.
Subd. 4. Interpretation.
(a) In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements and shall be liberally construed in favor of the city and shall not be deemed a
limitation or repeal of any other powers granted by state statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the Official
Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the
district as shown on the Official Zoning Map, as for example where there appears to be a conflict
between a mapped boundary and actual field conditions and there is a formal appeal of the decision
of the zoning administrator, the city council acting as the Board of Adjustment shall make the
necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood
profile, the ground elevations that existed on the site at the time the city adopted its initial
floodplain ordinance, 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 of
Adjustment 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 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. Severability. If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
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Subd. 8. Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as to give this
ordinance its most reasonable application.
(a) Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
(b) Basement - means any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation below
ground level.
(c)
Conditional Use - means a specific type of structure or land use listed in the official control that
may be allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a finding that:
(1) Certain conditions as detailed in the zoning ordinance exist.
(2) The structure and/or land use conform to the comprehensive land use plan if one exists and are
compatible with the existing neighborhood.
(d) Equal Degree of Encroachment - a method of determining the location of floodway boundaries so
that flood plain lands on both sides of a stream are capable of conveying a proportionate share of
flood flows.
(e) Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake
that results in the inundation of normally dry areas.
(f) Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
(g)
Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous
with the term "floodway fringe" used in the Flood Insurance Study.
(h) Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
(i)
Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
(j) Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
(k) Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished
or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an
area other than a basement area, is not considered a building's lowest floor.
(1) Manufactured Home - a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached
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(m)
to the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
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.
(n) Principal Use or Structure - means all uses or structures that are not accessory uses or structures.
(o) 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.
(p)
Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of
this ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel
vehicle.
(q) Regional Flood - a flood which is representative of large floods known to have occurred generally
in Minnesota and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous
with the term "base flood" used in a flood insurance study.
(r) 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.
(s) Structure - anything constructed or erected on the ground or attached to the ground or on -site
utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section
826.88, subd. 3 (a) of this ordinance and other similar items.
(t) Substantial Damage - means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
(u) Substantial Improvement - within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement. This term includes structures
that have incurred "substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this ordinance,
"historic structure shall be as defined in Code of Federal Regulations, Part 59.1.
(v) Variance - means a modification of a specific permitted development standard required in an
official control including this ordinance to allow an alternative development standard not stated as
acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon
in a community's respective planning and zoning enabling legislation.
826.79.Establishment of Zoning Districts.
Subd. 1. Districts.
(a) Floodway District. The Floodway District shall include those areas designated as floodway on the
Flood Insurance Rate Map adopted in Section 826.77, subd. 2.
(b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway
fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate
Map as adopted in Section 826.77, subd. 2, as being within Zone AE, Zone AO, or Zone AH but
being located outside of the floodway.
(c)
General Flood Plain District. The General Flood Plain District shall include those areas designated
as Zone A or Zones AE, Zone AO, or Zone AH without a floodway on the Flood Insurance Rate
Map adopted in 826.77, subd. 2.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure shall be
constructed, 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 826.80, 826.83, and 826.84 that follow, respectively, 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 826.88.
(b) Modifications, additions, structural alterations, normal maintenance and repair 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 826.92.
(c) As -built elevations for elevated or flood proofed structures must be certified by ground surveys
and flood proofing techniques must be designed and certified by a registered professional engineer
or architect as specified in the general provisions of this ordinance and specifically as stated in
Section 826.91 of this ordinance.
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826.80.Floodwav District (FW).
Subd. 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 uses listed in subd. 1 above and the uses listed in (b) — (h) 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.
(f) Placement of fill or construction of fences.
(g) Recreational 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 826.88, subd. 3 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.
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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 the 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, subd. 4 of this ordinance.
(c) The conditional use shall be permissible in the underlying zoning district if one exists.
(d) Fill:
(1) 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.
(2) 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.
(3) As an alternative, and consistent with subsection (2) 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:
(1) Accessory structures shall not be designed for human habitation.
(2) 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:
(3)
(aa) Whenever possible, structures shall be constructed with the longitudinal axis parallel to
the direction of flood flow; and
(bb) So far as practicable, structures shall be placed approximately on the same flood flow
lines as those of adjoining structures.
Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance
with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an
alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing
classification in the State Building Code provided the accessory structure constitutes a
minimal investment, does not exceed 500 square feet in size at its largest projection, and for a
detached garage, the detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following additional standards:
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(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;
(bb) Any mechanical and utility equipment in a structure must be elevated to or above the
regulatory flood protection elevation or properly flood proofed; and
(cc) To allow for the equalization of hydrostatic pressure, there must be a minimum of two
"automatic" openings in the outside walls of the structure having a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding.
There must be openings on at least two sides of the structure and the bottom of all
openings must be no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
(f) Storage of Materials and Equipment:
(1) 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.
(2) 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.
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 103G.
city-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.
(g)
826.83.Flood Fringe District (FF).
Subd. 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 District "Permitted Uses" listed in Section 826.83, subd. 2, and the "Standards
for all Flood Fringe Uses" listed in Section 826.83, subd. 5.
Subd. 2. Standards for Flood Fringe Permitted Uses.
(a) A11 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
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elevation and the fill shall extend at such elevation at least (15) feet beyond the outside limits of
the structure erected thereon.
(b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and
that do not exceed 500 square feet at its largest projection may be internally flood proofed in
accordance with Section 826.80, subd. 4 (e) (3).
(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, subd. 2 (a) 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, subd. 5 of this ordinance shall apply.
Subd. 3. Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with
Section 826.83, subd. 2 (a) — (b) and or any use of land that does not comply with the standards in Section
826.83, subd. 2 (c) — (d) 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, subd. 4-
5, and Section 826.91, subd. 4 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 structures
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 structures 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 parking of vehicles, building access or storage. The
above -noted alternative elevation methods are subject to the following additional standards:
(1)
Design and Certification - The structures design and as -built condition must be certified by a
registered professional engineer or architect as being in compliance with the general design
standards of the State Building Code and, specifically, that all electrical, heating, ventilation,
plumbing and air conditioning equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(2) 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) A minimum area of openings in the walls where internal flooding is to be used as a
flood proofing technique. There shall be a minimum of two openings on at least two
sides of the structure and the bottom of all openings shall be no higher than one -foot
above grade. The automatic openings shall have a minimum net area of not less than
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one square inch for every square foot subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would suffice. The
automatic 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
without any form of human intervention; and
(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, subd. 8 (b) of this ordinance, shall be subject to the
following:
(1) Residential basement construction shall not be allowed below the regulatory flood protection
elevation.
(2) Non-residential basements may be allowed below the regulatory flood protection elevation
provided the basement is structurally dry flood proofed in accordance with Section 826.83,
subd. 4 (c) of this ordinance.
(c) All areas of non residential structures including basements to be placed below the regulatory flood
protection elevation shall be flood proofed in accordance with the structurally dry flood proofing
classifications in the State Building Code. Structurally dry flood proofing must meet 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 flood proofed to the FP-3 or FP-4 classification shall not be
permitted.
(d) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills,
roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted unless the community is enforcing a state approved shoreland
management ordinance. In the absence of a state approved shoreland ordinance, the plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the
100-year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the city council. The plan may
incorporate alternative procedures for removal of the material from the flood plain if adequate
flood warning time exists.
(e) Storage of Materials and Equipment:
(1) 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.
(2) 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.
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(f) The provisions of Section 826.83, subd. 5 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
feet below the regulatory flood protection elevation. If a variance to this requirement is granted,
the Board of Adjustment must specify limitations on the period of use or occupancy of the
structure for times of 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 and velocity such that when multiplying the depth (in feet) times velocity (in feet per
second) the product number exceeds four 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, subd. 5 (b) 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 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.
(e) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining flood plain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
(f) Standards for recreational vehicles are contained in Section 826.88, subd. 3.
(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.
826.84.General Flood Plain District.
Subd. 1. Permissible Uses.
(a) The uses listed in Section 826.80, subd. 1 of this ordinance shall be permitted uses.
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(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to subd. 2
below. Section 826.80 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 permit or other approval 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.
(1) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas
adjoining each side of the channel, cross -sectional areas to be occupied by the proposed
development, and high water information.
(2) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or
storage elevations, the size, location, and spatial arrangement of all proposed and existing
structures on the site, and the location and elevations of streets.
(3) Photographs showing existing land uses, vegetation upstream and downstream, and soil
types.
(4) Profile showing the slope of the bottom of the channel or flow line of the stream for at least
500 feet in either direction from the proposed development.
(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 and 44 Code of Federal Regulations Part 65 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:
(1) Estimate the peak discharge of the regional flood.
(2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the
stream channel and overbank areas.
(c)
(3)
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.
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
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permit application. The city council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency, the Department of
Natural Resources or the Planning Commission for review and comment. Once the Floodway and
Flood Fringe District 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 826.80 and 826.83 of this ordinance.
826.86.Subdivisions.
Subd. 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 flood plain districts shall
be able to contain a building site outside of the Floodway District at or above the regulatory flood protection
elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions
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 flood plain, the
Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required
elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting
documents.
Subd. 2. Floodway/Flood Fringe Determinations in the General Flood Plain District. In the General
Flood Plain District, applicants shall provide the information required in Section 826.84, 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.
Subd. 3. 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.
826.87.Public Utilities, Railroads, Roads and Bridges.
Subd. 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 flood proofed 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 826.80 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 Systems. 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
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they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the States current statewide standards for on -site sewage treatment
systems shall be determined to be in compliance with this Section.
826.88.Manufactured Homes and Manufactured Home Parks and Placement of Travel
Trailers and Travel Vehicles.
Subd. 1. New manufactured home parks and expansions to existing manufactured home parks shall be
subject to the provisions placed on subdivisions by Section 826.86 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 Section 826.83 of this ordinance. If vehicular road access
for pre-existing manufactured home parks is not provided in accordance with Section 826.83, subd. 5 (a) 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) A11 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.
Subd. 3. Recreational vehicles that do not meet the exemption criteria specified in Section (a) below shall be
subject to the provisions of this ordinance and as specifically spelled out in Sections (c) and (d) below.
(a) Exemption - Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the areas listed in Subsection (b) below and further they meet the following
criteria:
(1) Have current licenses required for highway use.
(2) 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 recreational
vehicle parks and the recreational vehicle has no permanent structural type additions attached
to it.
(3) The recreational vehicle and associated use must be permissible in any pre-existing,
underlying zoning use district.
(b) Areas Exempted For Placement of Recreational Vehicles:
(1) Individual lots or parcels of record.
(2) Existing commercial recreational vehicle parks or campgrounds.
(3) Existing condominium type associations.
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(c)
Recreational vehicles exempted in Section 826.88, subd. 3 (a) lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition to the recreational
vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The
recreational 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 826.80 and 826.83 of this ordinance. There shall be no
development or improvement on the parcel or attachment to the recreational vehicle that hinders
the removal of the recreational vehicle to a flood free location should flooding occur.
(d) New commercial recreational 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:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe
Districts provided said recreational 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, subd. 5 (a) 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.
(2) All new or replacement recreational vehicles not meeting the criteria of (1) above may, as an
alternative, be allowed as a conditional use if in accordance with the following provisions and
the provisions of Section 826.91, subd. 4 of the ordinance. The applicant must submit an
emergency plan for the 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, shall
demonstrate that adequate time and personnel exist to carry out the evacuation, and shall
demonstrate the provisions of Section 826.88, subd. 3 (a) (1) and (2) of this ordinance will be
met. All attendant sewage and water facilities for new or replacement 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, subd. 3 of this ordinance.
826.91.Administration.
Subd. 1. Zoning Administrator. A zoning administrator or other official designated by the city council
shall administer and enforce this ordinance. If the zoning administrator finds a violation of the provisions of
this ordinance the zoning administrator shall notify the person responsible for such violation in accordance
with the procedures stated in Section 826.95 of the ordinance.
Subd. 2. Permit Requirements.
(a) Permit Required. A Permit issued by the zoning administrator in conformity with the provisions
of this ordinance shall be secured prior to the erection, addition, modification, rehabilitation
(including normal maintenance and repair), or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building, structure, or land; prior to the construction
of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming use;
prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source;
and prior to the placement of fill, excavation of materials, or the storage of materials or equipment
within the flood plain.
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(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.
(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.
Record of First Floor Elevation. The zoning administrator shall maintain a record of the elevation
of the lowest floor (including basement) of all new structures and alterations or additions to
existing structures in the flood plain. The zoning administrator shall also maintain a record of the
elevation to which structures or alterations and additions to structures are flood proofed.
(g)
(h) Notifications for Watercourse Alterations. The zoning administrator shall notify, in riverine
situations, adjacent communities and the Commissioner of the Department of Natural Resources
prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has
applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter
103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of
said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood
Elevation. As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the zoning administrator shall notify the Chicago Regional Office
of FEMA of the changes by submitting a copy of said technical or scientific data.
(i)
Subd. 3. Board of Adjustment.
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(a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all
of the powers conferred on such Boards by State law.
(b) Administrative Review. The Board of Adjustment shall hear and decide appeals where it is
alleged there is error in any order, requirement, decision, or determination made by an
administrative official in the enforcement or administration of this ordinance.
(c) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terms of this ordinance as will not be contrary to the public interest and only for
those circumstances such as hardship, practical difficulties or circumstances unique to the property
under consideration, as provided for in the respective enabling legislation for planning and zoning
for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment
shall clearly identify in writing the specific conditions that existed consistent with the criteria
specified in this ordinance, any other zoning regulations in the city, and in the respective enabling
legislation that 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. The following additional variance criteria of the Federal Emergency
Management Agency must be satisfied:
(1) Variances shall not be issued by a city within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
(2) Variances shall only be issued by a city upon (i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(d) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the zoning
administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time
for a hearing and give due notice to the parties in interest as specified by law. The Board of
Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so that the Commissioner will receive at
least ten days notice of the hearing.
(e) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within
60 days. In passing upon an appeal, the Board of Adjustment 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, decision 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 of Adjustment may prescribe appropriate
conditions and safeguards such as those specified in Section 826.91, subd. 4 (f), which are in
conformity with the purposes of this ordinance. Violations of such conditions and safeguards,
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(g)
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 days of such action.
(f) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in
the city's official controls and also by Minnesota Statutes.
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
increases risks to life and property. Such notification shall be maintained with a record of all
variance actions. A city shall maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its annual or biennial report submitted to the
Administrator of the National Flood Insurance Program.
Subd. 4. Conditional Uses. The planning commission and city council shall hear and decide applications
for conditional uses permissible under this ordinance. Applications shall be submitted to the zoning
administrator who shall forward the application to the planning commission and city council for
consideration.
(a) Hearings. Upon filing with the zoning administrator 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 and city council shall arrive at a decision on a conditional
use within 60 days. In granting a conditional use permit the planning commission and city council
shall prescribe appropriate conditions and safeguards, in addition to those specified in Section
826.91, subd. (4) (f) 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 and city council in Passing on Conditional
Use Permit Applications Within all Flood Plain Districts.
(1) 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 of the above to the location of the stream
channel; and
(bb) Specifications for building construction and materials, flood proofing, filling, dredging,
grading, channel improvement, storage of materials, water supply and sanitary facilities.
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(2) Transmit one copy of the information described in subsection (1) 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.
(3) Based upon the technical evaluation of the designated engineer or expert, the planning
commission and city council shall determine the specific flood hazard at the site and evaluate
the suitability of the proposed use in relation to the flood hazard.
(d) Factors upon which the decision of the city council shall be based. In passing upon conditional
use applications, the city council and planning commission shall consider all relevant factors
specified in other sections of this ordinance, and:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts or other hydraulic structures.
(3)
The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
The relationship of the proposed use to the comprehensive plan and flood plain management
program for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
(12) Such other factors which are relevant to the purposes of this ordinance.
(9)
(e) Time for Acting on Application. The city council shall act on an application in the manner
described above within 60 days from receiving the application, except that where additional
information is required pursuant to Section 826.91, subd. 4 (d) of this ordinance. The city council
shall render a written decision within 30 days from the receipt of such additional information.
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(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:
(1) Modification of waste treatment and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage, dikes, levees,
and other protective measures.
(5)
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.
826.92.Nonconforming Uses.
Subd. 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. Historic structures, as defined in Section 826.77, subd. 8 (u)
(2) of this ordinance, shall be subject to the provisions of Subsections (a) — (e) of Section 826.92, subd. 1. of
this ordinance.
(a) No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformity.
(b)
Any structural 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 (c) and (f) 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 826.80 or 826.83 of this ordinance for new structures depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively.
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(d) If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this ordinance. The assessor shall notify the zoning
administrator in writing of instances of nonconforming uses that have been discontinued for a
period of 12 months.
(e) If any nonconforming use or structure is substantially damaged, as defined in Section 826.77,
subd. 8 (t) of this ordinance, 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 826.80, 826.83, and 826.84 will apply depending upon whether the use or structure is in
the Floodway, Flood Fringe or General Flood Plain District, respectively.
If a substantial improvement occurs, as defined in Section 826.77, subd. 8 (4) of this ordinance,
from any combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an
existing nonconforming building, then the building addition (as required by Subsection (b) above)
and the existing nonconforming building must meet the requirements of Section 826.80 or 826.83
of this ordinance for new structures, depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively.
(f)
826.95.Penalties for Violation.
Subd. 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 and city council may
utilize the full array of enforcement actions available to it 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 Federal
Emergency Management Agency 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
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may either: (1) issue an order identifying the corrective actions that must be made within a
specified time period to bring the use or structure into compliance with the official controls; or (2)
notify the responsible party to apply for an after -the -fact permit/development approval within a
specified period of time not to exceed 30-days.
(d) If the responsible party does not appropriately respond to the zoning administrator within the
specified period of time, each additional day that lapses shall constitute an additional violation of
this ordinance and shall be prosecuted accordingly. The zoning administrator shall also upon the
lapse of the specified response period notify the landowner to restore the land to the condition
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 regulatory flood protection elevation 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.
A11 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 Federal Emergency Management Agency's (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 — Effective Date of Ordinance. This ordinance shall become effective upon its adoption and
publication.
Adopted by the city council of the City of Medina this 17"' day of August, 2004.
it Zietloayor
ATTEST:
6,7( ?,1 /1(/)4.,
Chad M. Adams, Administrator -Clerk
Published in the South Crow River News this 23rd day of August, 2004.
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