HomeMy Public PortalAbout603 Ordinance Regarding Floodplain Management; Amending Chapter 8 of the City CodeCITY OF MEDINA
ORDINANCE NO. 603
AN ORDINANCE REGARDING FLOODPLAIN MANAGEMENT;
AMENDING CHAPTER 8 OF THE CITY CODE
The City Council of the City of Medina ordains as follows:
SECTION I. Section 825.07 of the code of ordinances of the city of Medina is amended by
deleted the stricken language and adding the underlined language as follows:
Section 825.07. Definitions. The following words and terms shall have the meanings ascribed to
them:
Subd. 28.1. Equal Degree of Encroachment — this term is defined within the Definition section
of the Floodplain Management Ordinance, Section 826.74. a method of determining the
location of floodway boundaries so that flood plain lands on both sides of a strum arc
Subd. 36. Flood - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. A temporary increase in the flow or stage of a stream
areas.
Subd. 37. Flood Frequency - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. 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 - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. That pei4i ^ of -the leecip ai et4s le ^the fl^^a....,..
and which has been or hereafter may be covered by the regional flood.
Subd. 39. Flood Proofing - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. 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 - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. The beds proper and the areas adjoining a wetland,
lake or watercourse which have been or hereafter may be covered by the regional flood.
Ordinance No. 603 1
September 20, 2016
Subd. 41. Floodway - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. The channel of the watercourse and those portions of
flood.
Subd. 80.2. Reach - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74.
urban area, the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Subd. 86. Regional Flood - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. ^ flood which entative oflarge floods',.,o..",
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. 88. Regulatory Flood Protection Elevation - this term is defined within the Definition
section of the Floodplain Management Ordinance, Section 826.74. A point not loss than one
heights attributable to encroachments on the floodplain. It is the elevation to which uses
SECTION II. Sections 826.74 through 826.97 of the code of ordinances of the city of Medina is
deleted in its entirety as follows:
Scctio„ Bar v26.75. Statutory i'u'thorizatien—Findingsoz Faa t andD-Pu•, pose
Minnesota Statutes Chapter 103F and Chapter 162 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:
(a) The flood hazard areas of Medina, Minnesota, are subject to periodic inundation
disruption of commerce and governmental services, extraordinary public
which adversely affect the public health, safety, and general welfare.
(b) Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable
Ordinance No. 603 2
September 20, 2016
established by the Minnesota Department of Natural Resources.
(c) National Flood Instifanee-Pfegfafa-Gemplifiee-is-aflepted4e-eemply
with the rules and regulations of the National Flood Insurance Program codified
as 11 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.
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.
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, 27053C0151 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, 2001, 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.
flood plus any increases in flood elevation caused by encroachments on the flood plain
that r „lt fatie., f fle ,,1.,,�.,
(a) In their irtofpret.at;^., ,,,,a ..lie do the r e fthis er-d ,,, nee sli ll be kola to
shall not be deemed a limitation or rcp al of any other powers granted by state
statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the
the l.^,,,,,1aFies €44he di tfiet skew. e the^nifi "yap, 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
Ordinance No. 603 3
September 20, 2016
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 r asonable
opportunity to present their case to the Board of Adjustment and to submit
technical evidence.
repeal; abfegat , casements, 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.
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
of this ordinance shall not be affected thereby.
ordinance shall be interpreted so as to give them the same mwning 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.
base subgrade (below ground level) on ,
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
(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.
CcrTE Eg ee-ef-Ei3efeaehment--cc�iiet e vrdetemlining-the-lv-atio of fleed
boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
Ordinance No. 603 4
September 20, 2016
(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 arcs 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 theliam o' �� * r-e-.urse ani horse
portions of the adjoining flood plain which arc 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, transportahle tie •''��'' ��'��'*
on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured
home" does not include the term "recreational vehicle."
(m) 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.
or river influenced by a natural or man made obstruction. In an urban ar a, the
segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Ordinance No. 603 5
September 20, 2016
(p) Recreational Vehicle a vehicle that is built on a single chassis, is '100 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,
trailer/travel vehicle.
(q) Regional Flood a flood which is representative of large floods known to have
occurred generally in Minnesota and r asonably characteristic of what can be
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
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 -die st- fu^tufe lief lie clam e
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-t-lie-straeture-befere4listaFt
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
been identified by the local code enforcement official and which arc the
Ordinance No. 603 6
September 20, 2016
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.
c„ha Dist. ; t
(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 A0, 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 A0, or Zone AH without a
floodway on the Flood Insurance Rate Map adopted in Section 826.77, subd. 2.
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:
trailers and travel vehicles arc subject to the general provisions of this ordinance
and specifically Section 826.88.
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.
Ordinance No. 603 7
September 20, 2016
(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.
(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
skeet ranges, hunting and fishing ar as, and single or multiple purpose
recreational trails.
(d) Residential lawns, gardens, parking areas, and play areas.
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning district if one exists.
(a) Structures accessory to the uses listed in subd. 1 above and the uses listed in (b) (h)
(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
exemptions and provisions of Section 826.88, subd. 3 of this ordinance.
Ordinance No. 603 8
September 20, 2016
any height where the intent is to protect individual structures and levees or dikes
or less than the 10 year frequency flood event.
(-0-A11-'yes- 4e-statettweitempera or pei ent-V41-14-kwit a; fi R 4" fer ra a a san
1V YVVJJ, • UV,D�Il-CT , • • ,
be allowed as a conditional use that will cause any incrwse 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, ,43€1 ^ f*i,:s er-din ^^e
(c)---The-eenditio a , o slia1413e pe s:ble i f the , „ao.,,,;,, g 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.
n
(3) As an alternative, and consistent with subsection (2) immediately above, dredge
storage of fill or other materials which would have caused an inemase 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
1..uibA r,. site t fro.. t-he .,,;.,;,,.,,,,, bstfu et-ien t the flew f f ee
w
(aa) Whenever possible, structures shall be constructed with the
Ordinance No. 603 9
September 20, 2016
(bb) So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood proofed in
Building Code. As an alternative, an accessory structure may be flood proofed
to the FP 3 or FP 1 flood proofing classification in the State Building Code
provided the accessory structure constitutes a minimal investment, does not
prage, the detached garage must be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures must meet the following
(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
fleed-preefed;- d
(cc) To allow for the equalization of hydrostatic pressure, there must be a
every square foot of enclosed ar a 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
a garage door prior to flooding will not satisfy this requirement for
(0 Storage of Materials and E ui ment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
(2) Storage of other materials or equipment may be allowed if radily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the city.
(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 103G. city wide structural works for flood control
Ordinance No. 603 10
September 20, 2016
(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.
n ee-tfen-826S3,Fleed-Ffinge-Distr-iet-
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
ftructur land shal be o it-te , o „ t o Fleed F-F o Dist- iet ide ueli-us
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.
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 elevati *'^as+"c` feet-beyen€' +1:o ^„tsielestfuet-u e
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
internalszrova�irvvi�ca-iirisccvivt2C2'bvicl� vcciivir e��.�v�i �.sr -rTc7 ��✓T
(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
(e) The provisions of Section 826.83, subd. 5 of this ordinance shall apply.
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
c-�iteri-a-a�a--eitie�os�s:,pec-ifred. ee.ens-8�6-8-3�t�� � a c o„+;
826.91, subd. 1 of this ordinance.
(a) Alternative elevation methods other than the use of fill may be utilized to elevate a
Ordinance No. 603 11
September 20, 2016
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 ha"''^ a side fe,l abev^ grade a^a ^* stnio ifel
b,asement-ef-lowest-fleer-if the-enelesed-afe-u-is-a13ove-grade-eirat iecas-ene
side of the structur�; " i* Ekwigned to internally r'^^a ai „stin te,l • t
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 structure's design and as built condition must be
certified by a registered professional engineer or architect as being in
compliance with the general design standards of the State Building Code
and, specifically, that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the
p late,R, fl,,,,.1 r.r teet ^., ^lo., r be ,loin, to ent floo , ,.,tor
from entering or accumulating within these components during times of
flooding,
(2) Specific Standards for Above evade, Enclosed Areas Above grade, fully
enclosed ar as 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 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
(bb) That the enclosed area will be designed of flood resistant materials
CII 11 ei-—4-crcrssnficir .r-iircrre-cucc
Building Code and shall be used solely for building access, parking
of vehicles or storage.
(b) Basements, as defined by Section 826,7-77sukd,8-(4)-ef-this-orddfiancell-oe
subject to the following:
Ordinance No. 603 12
September 20, 2016
(1) Residential basement construction shall not be allowed below the regulatory
(2) Non residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry flood proofed
in accordance wit#-Seetioi 8� b€1,4 (o)-e€ eodinan e,
(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 st- fa, tur-,,ll<, a,.., fl, oa roofing classifications in the State Building Code.
S-tfuetufally 'l-ury- floor rfeefing—iill- s faeet-th�' P-1-o - AA 2 fl o of proof ng
classification in the State Building Codc and this shall require malting 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 1 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
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,
(2) Storage of other materials or equipment may be allowed if madily 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, subd. 5 of this ordinance shall also apply.
cubc1,5,St .rds-f,,. An Flea F nge—
(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
after determining that adequate flood warning time and local flood emergency
Ordinance No. 603 13
September 20, 2016
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.
public shall not be granted in the absence of a flood warning system that provides
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
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
area
ray 1~;11 slia14 be Ft efl., ei ank the s4epes sh 1T be r,-eperly 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
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
requested.
(e) Flood plain developments shall not adversely affect the hydraulic capacity of the
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
a -rt,. t . ,1diti.„ t 1;c-a to taco
e'S-t6-�'ncnvr�irsr ecrcirrazireir�-iir�ns�zrcrorrcv--c�pircnvr�Jcucc
or local anchoring requirements for resisting wind forces.
(a) The uses listed in Section 826.80, subd. 1 of this ordinance shall be permitted uses.
Ordinance No. 603 14
September 20, 2016
(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.
(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.
land areas adjoining each side of the channel, cross sectional arms to be
(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.
na se t
(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.
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 41 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.
analysis of the stream channel and overbanlc areas.
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
b^
Ordinance No. 603 15
September 20, 2016
(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 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.
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 with section 720 Individual Sewage Treatment Standards, and have road
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
delineated on a survey or plat as being in the floodplain shall not be considered in the
contiguous suitable-seils-eaketilaton7as-defmed4n-sectien-8''9-stibEIA(4}
In the General Flood Plain District, applicants shall provide the information required in
Floodway and Flood Fringe District boundaries and the regulatory flood protection
e1evationf the .,,,t.a;yisi f site
Management Agency (FEMA) has established criteria for removing the special flood
flood elevation. FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi structure or multi lot developments. These standards
Seetiett-826.84,-P-ublic Utili '
Subd. 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
a.rd�.
„a ...ate, rl., s ,stems t 4e 4eeate€ i lie flee rlein sha1 be flee f a ;
Ordinance No. 603 16
September 20, 2016
accordance with the State Building Code or elevated to above the regulatory flood
protection elevation.
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.
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
on site sewage treatment systems shall be determined to be in compliance with this
Section.
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
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 1,vith 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) 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.
Subd. 3. Recreational vehicles that de „et m et the o „tie s eeifte it Ceetie
(a) below shall be subject to the provisions of this ordinance and as specifically spelled
out in Sections (c) and (d) below.
Ordinance No. 603 17
September 20, 2016
(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, arc
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.
(c) Recreational vehicles exempted in Section 826.88, subd. 3 (a) lose this exemption
garage or storage building. The recreational vehicle and all additions and
accessory structures wi
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
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 recrwtional vehicle and its contents are
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. I
of the ordinance. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 ywr flood. Said plan
Ordinance No. 603 18
September 20, 2016
demonstrate that adequate time and personnel exist to carry out the
(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
flooding in accordance with Section 826.87, subd. 3 of this ordinance.
p eetio 826T9- . ,..a, intistratiem
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.
(a) Permit Required. A Permit issued by the zoning administrator in conformity with the
provisions of this ordinance shall be recur , ,
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.
(b) Application for Permit. Application for a permit shall be made in duplicate to the
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 Zoningripliance 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 untie eerti ff to -zeni, . ,.,,milli „ee shal
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
Ordinance No. 603 19
September 20, 2016
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
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
alterations and additions to structures are flood proofed.
(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 adegkate 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).
(i) 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.
(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
administration of this ordinance.
(c) Variances. The Board of Adjustment may authorize upon appwl in specific cases
such relief or variance from the terms of this ordinance as will not be contrary to
Ordinance No. 603 20
September 20, 2016
the public interest and only for those circumstances such as hardship, practical
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:
(3)
floodway if any increase in flood levels during the base flood discharge
rld rest+lt,
a showing of g
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, crate nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Hearin_s. 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 hc\aring 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
appropriate conditions and safeguards such as those specified in Section 826.91,
hich are in cenf ...flit.. it-1 lie „urposes, -thi-s ^r-Eli fi ilee
Ordinance No. 603 21
September 20, 2016
Violations of such conditions and safeguards, when made a part of the terms
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.
(g) Flood Insurance Notice and Record Keeping. The zoning administrator shall notify
the applicant for a variance that: 1) The issuance of a variance to construct a
structure below the 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
biennial report submitted to the Administrator of the National Flood Insurance
Program.
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.
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
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.
Ordinance No. 603 22
September 20, 2016
(1) Require the applicant to furnish such of the following information and additional
determining the suitability of the particular site for the proposed use:
(aa) Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elev ,
farster-age-4-ifiateri-al-s7-fleed-iffeefifig-m_a 7a14-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.
(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
^ a o,,, aff f-the Pi ^., ^ r^,.... ete tier ., a ether. teeli.lieal ,, ^,moors
(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.
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
:�ste�.rte-�event�so^�e� „ ;; ^„a , ;;+;,,,,^
(1) 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
development anticipated in the foreseeable future.
Ordinance No. 603 23
September 20, 2016
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.
(e) Time for Acting on Application. The city council shall act on an application-in-t-hc
manner described above within 60 days from receiving the application, except
(d) of this ordinance. The city council shall render a written decision within 30
(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.
(1) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
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.
Seelien82C9''. Neneenferquing-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
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
(b) Any structural alteration or addition to a nonconforming structure or nonconforming
use which would result in incrwsing the flood damage potential of that structure
or use shall be protected to the Regulatory Flood Protection Elevation in
Ordinance No. 603 24
September 20, 2016
(e)
accordance with any of the elevation on fill or flood proofing techniques (i.e., FP
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
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.
(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
been discontinued for a period of 12 months.
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.
(f) If a substantial improvement occurs, as defined in Section 826.77, subd. 8 (I) of this
of the existing building or a rehabilitation, reconstruction, alteration, or other
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.
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
Ordinance No. 603 25
September 20, 2016
are not limited to:
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
,; i hilit.. + +moo �..
6 E}E� 6e-t1�'b4m-irviaic�c6-crr�gl�Icy�iul�lie-Eity-ircrrc-act-il}
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.
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 ara the t atufe and e--tent f4he suspe to
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.
within the specified period of time, Bach 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.
be removed from flood plain areas unles� it c ^ he st,^...-' that the Elesi .,,atie., o r 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.
Ordinance No. 603 26
September 20, 2016
All amendments to this ordinance, including amendments to the official zoning map, must be
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
amendment or technical study under consideration.
Ordinance No. 603 27
September 20, 2016
SECTION II. New sections 826.74 through 826.97 are added to the code of ordinances of the
city of Medina, replacing the language deleted in Section I above, as follows:
Section 826.74. Floodplain Management
Subd. 1. Statutory Authorization, Findings of Fact and Purpose.
(a) 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.
(b) Purpose:
(1) This ordinance regulates development in the flood hazard areas of the
City of Medina. These flood hazard areas are subject to periodic
inundation, which may result in loss of life and property, health and safety
hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this ordinance to promote
the public health, safety, and general welfare by minimizing these losses
and disruptions.
(2) 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.
(3) This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect
aquatic and riparian habitat, provide recreational opportunities, provide
aesthetic benefits and enhance community and economic development.
Subd. 2. General Provisions
(a) How to Use This Ordinance: This ordinance adopts the floodplain maps
applicable to the City and includes three floodplain districts: Floodway, Flood
Fringe, and General Floodplain.
(1) Where Floodway and Flood Fringe districts are delineated on the
floodplain maps, the standards in Subd. 4 or 5 will apply, depending on
the location of a property.
(2) Locations where Floodway and Flood Fringe districts are not delineated
on the floodplain maps are considered to fall within the General
Floodplain district. Within the General Floodplain district, the Floodway
District standards in Subd. 4 apply unless the floodway boundary is
determined, according to the process outlined in Subd. 6. Once the
floodway boundary is determined, the Flood Fringe District standards in
Subd. 5 may apply outside the floodway.
(b) Lands to Which Ordinance Applies: This ordinance applies to all lands within
the jurisdiction of the City shown on the Official Zoning Map and/or the
attachments to the map as being located within the boundaries of the Floodway,
Ordinance No. 603 28
September 20, 2016
Flood Fringe, or General Floodplain Districts. The Floodway, Flood Fringe and
General Floodplain Districts are overlay districts that are superimposed on all
existing zoning districts. The standards imposed in the overlay districts are in
addition to any other requirements in this ordinance. In case of a conflict, the
more restrictive standards will apply.
(c) Incorporation of Maps by Reference: The following maps together with all
attached material are hereby adopted by reference and declared to be a part of the
Official Zoning Map and this ordinance. The attached material includes the Flood
Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated
November 4, 2016 and the Flood Insurance Rate Map panels enumerated below,
dated November 4, 2016, all prepared by the Federal Emergency Management
Agency. These materials are on file in City Hall. Effective Flood Insurance Rate
Map panels: 27053C0134F, 27053C0142F, 27053C0144F, 27053C0153F,
27053C0154F, 27053C0158F, 27053C0159F, 27053C0165F, 27053C0166F,
27053C0167F, 27053C0168F, 27053C0169F, 27053C0302F, 27053C0306F,
27053C0307F.
(d) Regulatory Flood Protection Elevation: The regulatory flood protection elevation
(RFPE) is 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
floodplain that result from designation of a floodway.
(e) Interpretation: The boundaries of the zoning districts are determined by scaling
distances on the Flood Insurance Rate Map.
(1) Where a conflict exists between the floodplain limits illustrated on the
official zoning map and actual field conditions, the flood elevations shall
be the governing factor. The Zoning Administrator must interpret the
boundary location based on the ground elevations that existed on the site
on the date of the first National Flood Insurance Program map showing
the area within the regulatory floodplain, and other available technical
data.
(2) Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Board of Adjustment
and to submit technical evidence.
(f) Abrogation and Greater Restrictions: It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or other private
agreements. However, where this ordinance imposes greater restrictions, the
provisions of this ordinance prevail. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the inconsistency only.
(g) Warning and Disclaimer of Liability: This ordinance does not imply that areas
outside the floodplain districts or land uses permitted within such districts will be
free from flooding or flood damages. This ordinance does not create liability on
the part of the City or its officers or employees for any flood damages that result
from reliance on this ordinance or any administrative decision lawfully made
hereunder.
Ordinance No. 603 29
September 20, 2016
Severability: If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of law, the remainder of this
ordinance shall not be affected and shall remain in full force.
Definitions: For the sake of Section 826.74, the following terms shall have the
meanings ascribed to them. Unless specifically defined below, words or phrases
used in this ordinance must be interpreted according to common usage and so as
to give this ordinance its most reasonable application.
(1) 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.
(2) Base Flood Elevation — The elevation of the "regional flood." The term
"base flood elevation" is used in the flood insurance survey.
(3) Basement — 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.
(4) Conditional Use — 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:
(i) Certain conditions as detailed in the zoning ordinance exist.
(ii) The structure and/or land use conform to the comprehensive land
use plan if one exists and are compatible with the existing
neighborhood.
(5) Critical Facilities — facilities necessary to a community's public health
and safety, those that store or produce highly volatile, toxic or water -
reactive materials, and those that house occupants that may be
insufficiently mobile to avoid loss of life or injury. Examples of critical
facilities include hospitals, correctional facilities, schools, daycare
facilities, nursing homes, fire and police stations, wastewater treatment
facilities, public electric utilities, water plants, fuel storage facilities, and
waste handling and storage facilities.
(6) Development — any manmade change to improved or unimproved real
estate, including buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of
equipment or materials.
(7) Equal Degree of Encroachment — a method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are
capable of conveying a proportionate share of flood flows.
(8) Farm Fence — A fence as defined by Minn. Statutes Section 344.02, Subd.
1(a)-(d). An open type fence of posts and wire is not considered to be a
structure under this ordinance. Fences that have the potential to obstruct
flood flows, such as chain link fences and rigid walls, are regulated as
structures under this ordinance.
Ordinance No. 603 30
September 20, 2016
(9) 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.
(10) Flood Frequency — the frequency for which it is expected that a specific
flood stage or discharge may be equaled or exceeded.
(11) Flood Fringe — the portion of the Special Flood Hazard Area (one percent
annual chance flood) located outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance
Study for Hennepin County, Minnesota.
(12) Flood Insurance Rate Map - an official map on which the Federal
Insurance Administrator has delineated both the special hazard areas and
the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
(13) Flood Prone Area — any land susceptible to being inundated by water
from any source (see "Flood").
(14) Floodplain — the beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional
flood.
(15) Floodproofing — a combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for
the reduction or elimination of flood damages.
(16) Floodway — the bed of a wetland or lake and the channel of a watercourse
and those portions of the adjoining floodplain which are reasonably
required to carry or store the regional flood discharge.
(17) 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; provided, that
such enclosure is not built so as to render the structure in violation of the
applicable non -elevation design requirements of 44 Code of Federal
Regulations, Part 60.3.
(18) 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 to the required utilities.
The term "manufactured home" does not include the term "recreational
vehicle."
(19) New Construction - Structures, including additions and improvements,
and placement of manufactured homes, for which the start of construction
commenced on or after the effective date of this ordinance.
(20) 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 floodplain which
Ordinance No. 603 31
September 20, 2016
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.
(21) One Hundred Year Floodplain — lands inundated by the "Regional Flood"
(see definition).
(22) Principal Use or Structure — all uses or structures that are not accessory
uses or structures.
(23) 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.
(24) 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 is
synonymous with the term "travel trailer/travel vehicle."
(25) 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 1 % chance or 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in a flood insurance study.
(26) Regulatory Flood Protection Elevation (RFPE) - an elevation not less than
one foot above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the floodplain that result
from designation of a floodway.
(27) Repetitive Loss: Flood related damages sustained by a structure on two
separate occasions during a ten year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds 25% of
the market value of the structure before the damage occurred.
(28) Special Flood Hazard Area — a term used for flood insurance purposes
synonymous with "One Hundred Year Floodplain."
(29) Start of Construction — includes substantial improvement, and means the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement that occurred before the permit's
expiration date. The actual start is either the first placement of permanent
construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for
a basement, footings, piers, foundations, or the erection of temporary
forms; nor does it include the installation on the property of accessory
Ordinance No. 603 32
September 20, 2016
buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the
external dimensions of the building.
(30) 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 and other similar items.
(31) 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.
(32) 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:
0) 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.
(ii) Any alteration of a "historic structure," provided that the alteration
will not preclude the structure's continued designation as a
"historic structure." For the purpose of this ordinance, "historic
structure" is as defined in 44 Code of Federal Regulations, Part
59.1.
(j) Annexations: The Flood Insurance Rate Map panels adopted by reference into
Subd. 2(c) above may include floodplain areas that lie outside of the corporate
boundaries of the City at the time of adoption of this ordinance. If any of these
floodplain land areas are annexed into the City after the date of adoption of this
ordinance, the newly annexed floodplain lands will be subject to the provisions of
this ordinance immediately upon the date of annexation.
Subd. 3. Establishment of Zoning Districts
(a) Districts:
(1) Floodway District. The Floodway District includes those areas within
Zones AE that have a floodway delineated as shown on the Flood
Insurance Rate Map adopted in Subd. 2(c). For lakes, wetlands and other
basins within Zones AE that do not have a floodway delineated, the
Ordinance No. 603 33
September 20, 2016
Floodway District also includes those areas that are at or below the
ordinary high water level as defined in Minnesota Statutes, Section
103G.005, subdivision 14.
(2) Flood Fringe District. The Flood Fringe District includes areas within
Zones AE that have a floodway delineated on the Flood Insurance Rate
Map adopted in Subd. 2(c), but are located outside of the floodway. For
lakes, wetlands and other basins within Zones AE that do not have a
floodway delineated, the Flood Fringe District also includes those areas
below the 1% annual chance (100-year) flood elevation but above the
ordinary high water level as defined in Minnesota Statutes, Section
103G.005, subdivision 14.
(3) General Floodplain District. The General Floodplain District includes
those areas within Zones A or AE that do not have a delineated floodway
as shown on the Flood Insurance Rate Map adopted in Subd. 2(c).
(b) Applicability: Within the floodplain districts established in this ordinance, the
use, size, type and location of development must comply with the terms of this
ordinance and other applicable regulations. In no cases shall floodplain
development adversely affect the efficiency or unduly restrict the capacity of the
channels or floodways of any tributaries to the main stream, drainage ditches, or
any other drainage facilities or systems. All uses not listed as permitted uses or
conditional uses in Subd. 4(a), Subd. 5(a) and Subd. 6(a) are prohibited. In
addition, critical facilities, as defined in Subd. 2(i), are prohibited in all
floodplain districts.
Subd. 4. Floodway District (FW)
(a) Permitted Uses: The following uses, subject to the standards set forth in Subd. 4(b), are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
(1) General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming, and wild crop harvesting.
(2) Industrial -commercial loading areas, parking areas, and airport landing
strips.
(3) Open space uses, including but not limited to 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, hunting and fishing areas,
and single or multiple purpose recreational trails.
(4) Residential lawns, gardens, parking areas, and play areas.
(5) Railroads, streets, bridges, utility transmission lines and pipelines,
provided that the Department of Natural Resources' Area Hydrologist is
notified at least ten days prior to issuance of any permit.
(b) Standards for Floodway Permitted Uses:
(1) The use must have a low flood damage potential.
Ordinance No. 603 34
September 20, 2016
(2) The use must not obstruct flood flows or cause any increase in flood
elevations and must not involve structures, obstructions, or storage of
materials or equipment.
(3) Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the
depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1 % chance)
flood.
(c) Conditional Uses: The following uses may be allowed as conditional uses
following the standards and procedures set forth in Subd. 10(d) of this ordinance
and further subject to the standards set forth in Subd. 4(d), if otherwise allowed in
the underlying zoning district or any applicable overlay district.
(1) Structures accessory to the uses listed in Subd. 4(a)(1) through Subd.
4(a)(3) above and the uses listed in Subd. 4(c)(2) and Subd. 4(c)(3) below.
(2) Extraction and storage of sand, gravel, and other materials.
(3) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(4) Placement of fill or construction of fences that obstruct flood flows. Farm
fences, as defined in section Subd.2(i)(8), are permitted uses.
(5) Levees or dikes intended to protect agricultural crops for a frequency
flood event equal to or less than the 10-year frequency flood event.
(d) Standards for Floodway Conditional Uses:
(1) All Uses. A conditional use must not cause any increase in the stage of
the 1 % chance or regional flood or cause an increase in flood damages in
the reach or reaches affected.
(2) Fill; Storage of Materials and Equipment:
(i) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal,
or plant life is prohibited.
(ii) Fill, dredge spoil, and other similar materials deposited or stored
in the floodplain must be protected from erosion by vegetative
cover, mulching, riprap or other acceptable method. Permanent
sand and gravel operations and similar uses must be covered by a
long-term site development plan.
Subd. 5. Flood Fringe District (FF)
(a) Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Subd. 5(b).
(b) Standards for Flood Fringe Permitted Uses:
(1) All structures, including accessory structures, must be elevated on fill so
that the lowest floor, as defined, is at or above the regulatory flood
protection elevation. The finished fill elevation for structures must be no
lower than one foot below the regulatory flood protection elevation and
the fill must extend at the same elevation at least 15 feet beyond the
outside limits of the structure.
Ordinance No. 603 35
September 20, 2016
(2) Accessory Structures. As an alternative to the fill requirements of Subd.
5(b)(1), structures accessory to the uses identified in Subd. 5(a) may be
permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofing classifications in the State Building Code, provided that:
(i) the accessory structure constitutes a minimal investment, does not
exceed 576 square feet in size, and is only used for parking and
storage.
(ii) All portions of floodproofed accessory structures below the
Regulatory Flood Protection Elevation must be: (i) adequately
anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls, (ii)
be constructed with materials resistant to flood damage, and (iii)
must have all service utilities be water -tight or elevated to above
the regulatory flood protection elevation
(iii) Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following
criteria:
A. To allow for the equalization of hydrostatic pressure, there
must be a minimum of two "automatic" openings in the
outside walls of the structure, with a total net area of not
less than one square inch for every square foot of enclosed
area subject to flooding; and
B. 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.
(3) The cumulative placement of fill or similar material on a parcel must not
exceed 1,000 cubic yards, unless the fill is specifically intended to elevate
a structure in accordance with Subd. 5(b)(1) of this ordinance, or if
allowed as a conditional use under Subd. 5(c)(3) below.
(4) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
(5) All service utilities, including ductwork, must be elevated or water -tight
to prevent infiltration of floodwaters.
(6) 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.
(7) All fill must be properly compacted and the slopes must be properly
protected by the use of riprap, vegetative cover or other acceptable
method.
(8) All new principal structures must have vehicular access at or above an
elevation not more than two feet below the regulatory flood protection
Ordinance No. 603 36
September 20, 2016
elevation, or must have a flood warning /emergency evacuation plan
acceptable to the City Council.
(9) Accessory uses such as yards, railroad tracks, and parking lots may be at
an elevation lower than the regulatory flood protection elevation.
However, any facilities used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the
depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1 % chance)
flood.
(10) Interference with normal manufacturing/industrial plant operations must
be minimized, especially along streams having protracted flood durations.
In considering permit applications, due consideration must be given to the
needs of industries with operations that require a floodplain location.
(c) Conditional Uses: The following uses and activities may be allowed as
conditional uses, if allowed in the underlying zoning district(s) or any applicable
overlay district, following the procedures in Subd. 10(d) of this ordinance.
(1) Storage of any material or equipment below the regulatory flood
protection elevation.
(2) The cumulative placement of more than 1,000 cubic yards of fill when the
fill is not being used to elevate a structure in accordance with Subd.
5(b)(1) of this ordinance.
(d) Standards for Flood Fringe Conditional Uses
(1) The standards listed in Subd. 5(b)(4) through Subd. 5(b)(10) apply to all
conditional uses.
(2) The placement of more than 1,000 cubic yards of fill or other similar
material on a parcel (other than for the purpose of elevating a structure to
the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
i. The plan must clearly specify methods to be used to stabilize the
fill on site for a flood event at a minimum of the regional (1 %
chance) flood event.
ii. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to
the City Council.
iii. The plan may incorporate alternative procedures for removal of
the material from the floodplain if adequate flood warning time
exists.
(3) Storage of materials and equipment below the regulatory flood protection
elevation must comply with an approved emergency plan providing for
removal of such materials within the time available after a flood warning.
Subd. 6. General Floodplain District (GF)
(a) Permitted Uses:
Ordinance No. 603 37
September 20, 2016
(1) The uses listed in Subd. 4(a) of this ordinance, Floodway District
Permitted Uses, are permitted uses.
(2) All other uses are subject to the floodway/flood fringe evaluation criteria
specified in Subd. 6(b) below. Subd. 4 applies if the proposed use is
determined to be in the Floodway District. Subd. 5 applies if the proposed
use is determined to be in the Flood Fringe District.
(b) Procedures for Floodway and Flood Fringe Determinations
(1) Upon receipt of an application for a permit or other approval within the
General Floodplain District, the Zoning Administrator must obtain,
review and reasonably utilize any regional flood elevation and floodway
data available from a federal, state, or other source.
(2) If regional flood elevation and floodway data are not readily available, the
applicant must furnish additional information, as needed, to determine the
regulatory flood protection elevation and whether the proposed use would
fall within the Floodway or Flood Fringe District. Information must be
consistent with accepted hydrological and hydraulic engineering standards
and the standards in Subd. 6(b)(3) below.
(3) The determination of floodway and flood fringe must include the
following components, as applicable:
(i) Estimate the peak discharge of the regional (1% chance) 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 one-half (0.5) foot. A lesser
stage increase than 0.5 foot is required if, as a result of the stage increase,
increased flood damages would result. An equal degree of encroachment
on both sides of the stream within the reach must be assumed in
computing floodway boundaries.
(4) The Zoning Administrator will review the submitted information and
assess the technical evaluation and the recommended Floodway and/or
Flood Fringe District boundary. The assessment must include the
cumulative effects of previous floodway encroachments. The Zoning
Administrator may seek technical assistance from a designated engineer
or other expert person or agency, including the Department of Natural
Resources. Based on this assessment, the Zoning Administrator may
approve or deny the application.
(5) Once the Floodway and Flood Fringe District boundaries have been
determined, the Zoning Administrator must process the permit application
consistent with the applicable provisions of Subd. 4 and Subd. 5 of this
ordinance.
Subd. 7. Land Development Standards. No land may be subdivided which is unsuitable
for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities.
Manufactured home parks and recreational vehicle parks or campgrounds are considered
subdivisions under this ordinance.
Ordinance No. 603 38
September 20, 2016
(a) All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and people
during the regional (1 % chance) flood has been approved by the City Council. The plan
must be prepared by a registered engineer or other qualified individual, and must
demonstrate that adequate time and personnel exist to carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
(d) In the General Floodplain District, applicants must provide the information required in
Subd. 6(b) of this ordinance to determine the regional flood elevation, the Floodway and
Flood Fringe District boundaries and the regulatory flood protection elevation for the
subdivision site.
(e) If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
(1) All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
(2) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
(3) Adequate drainage is provided to reduce exposure of flood hazard.
(0 Building Sites. If a proposed building site is in a flood prone area, all new
construction and substantial improvements (including the placement of
manufactured homes) must be:
(1) Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(2) Constructed with materials and utility equipment resistant to flood
damage;
(3) Constructed by methods and practices that minimize flood damage; and
(4) Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
Subd. 8. Public Utilities, Railroads, Roads, and Bridges
(a) Public Utilities: All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the floodplain must be floodproofed in
accordance with the State Building Code or elevated to the regulatory flood
protection elevation.
(b) Public Transportation Facilities: Railroad tracks, roads, and bridges to be located
within the floodplain must comply with Subd. 4 and Subd. 5 of this ordinance.
Ordinance No. 603 39
September 20, 2016
These transportation facilities must be elevated to the regulatory flood protection
elevation where failure or interruption of these 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.
(c) On -site Water Supply and Sewage Treatment 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 are subject to the
provisions in Minnesota Rules Chapter 4725.4350, as amended; 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, they must not be subject to impairment or
contamination during times of flooding, and are subject to the provisions in
Minnesota Rules Chapter 7080.2270, as amended.
Subd. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles
(a) Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, placement or replacement of
manufactured home units is prohibited in any floodplain district.
(b) Recreational Vehicles: New recreational vehicle parks or campgrounds and
expansions to existing recreational vehicle parks or campgrounds are prohibited
in any floodplain district. Placement of recreational vehicles is prohibited in any
floodplain district.
Subd. 10. Administration
(a) The Zoning Administrator is hereby designated by the City Council to administer
and enforce this ordinance.
(b) Permit Requirements:
(1) Permit Required. A permit must be obtained from the Zoning
Administrator prior to conducting the following activities:
(i) The erection, addition, modification, rehabilitation, or alteration of
any building, structure, or portion thereof. Normal maintenance
and repair also requires a permit if such work, separately or in
conjunction with other planned work, constitutes a substantial
improvement as defined in this ordinance.
(ii) The use or change of use of a building, structure, or land.
(iii) The construction of a dam, fence, or on -site septic system, although
a permit is not required for a farm fence as defined in this
ordinance.
(iv) The change or extension of a nonconforming use.
(v) The repair of a structure that has been damaged by flood, fire,
tornado, or any other source.
(vi) The placement of fill, excavation of materials, or the storage of
materials or equipment within the floodplain.
Ordinance No. 603 40
September 20, 2016
(vii) Relocation or alteration of a watercourse (including new or
replacement culverts and bridges), unless a public waters work
permit has been applied for.
(viii) Any other type of "development" as defined in this ordinance.
(2) Application for Permit. Permit applications must be submitted to the
Zoning Administrator on forms provided by the Zoning Administrator.
The permit application must include the following as applicable:
(0 A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an
influence on the permit.
(ii) Location of fill or storage of materials in relation to the stream
channel.
(iii) Copies of any required municipal, county, state or federal permits
or approvals.
(iv) Other relevant information requested by the Zoning Administrator
as necessary to properly evaluate the permit application.
(3) Certificate of Zoning Compliance for a New, Altered, or Nonconforming
Use. No building, land or structure may be occupied or used in any
manner until a certificate of zoning compliance has been issued by the
Zoning Administrator stating that the use of the building or land conforms
to the requirements of this ordinance.
(4) Certification. The applicant is 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. Floodproofing
measures must be certified by a registered professional engineer or
registered architect.
(5) Record of First Floor Elevation. The Zoning Administrator must 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
floodplain. The Zoning Administrator must also maintain a record of the
elevation to which structures and alterations or additions to structures are
floodproofed.
(6) Notifications for Watercourse Alterations. Before authorizing any
alteration or relocation of a river or stream, the Zoning Administrator
must notify adjacent communities. If the applicant has applied for a
permit to work in public waters pursuant to Minnesota Statutes, Section
103G.245, this will suffice as adequate notice. A copy of the notification
must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(7) Notification to FEMA When Physical Changes Increase or Decrease Base
Flood Elevations. As soon as is practicable, but not later than six months
after the date such supporting information becomes available, the Zoning
Ordinance No. 603 41
September 20, 2016
Administrator must notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of the relevant technical or scientific data.
(c) Variances:
(1) Variance Applications. An application for a variance to the provisions of
this ordinance will be processed and reviewed in accordance with
applicable state statutes and Section 825.45 of the city code.
(2) Adherence to State Floodplain Management Standards. A variance must
not allow a use that is not allowed 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.
(3) Additional Variance Criteria. The following additional variance criteria of
the Federal Emergency Management Agency must be satisfied:
0) Variances must not be issued by a community within any
designated regulatory floodway if any increase in flood levels
during the base flood discharge would result.
(ii) Variances may only be issued by a community 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.
(iii) Variances may only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(4) Flood Insurance Notice. The Zoning Administrator must 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 base or regional flood level
increases risks to life and property. Such notification must be maintained
with a record of all variance actions.
(5) General Considerations. The community may consider the following
factors in granting variances and imposing conditions on variances and
conditional uses in floodplains:
(i) The potential 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;
(iii) The proposed water supply and sanitation systems, if any, and the
ability of these systems to minimize the potential for disease,
contamination and unsanitary conditions;
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September 20, 2016
(iv) The susceptibility of any proposed use and its contents to flood
damage and the effect of such damage on the individual owner;
(v) The importance of the services to be provided by the proposed use
to the community;
(vi) The requirements of the facility for a waterfront location;
(vii) The availability of viable alternative locations for the proposed use
that are not subject to flooding;
(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 Land
Use 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.
(6) Submittal of Hearing Notices to the Department of Natural Resources
(DNR). The City Clerk must submit hearing notices for proposed
variances to the DNR sufficiently in advance to provide at least ten days'
notice of the hearing. The notice may be sent by electronic mail or U.S.
Mail to the respective DNR area hydrologist.
(7) Submittal of Final Decisions to the DNR. A copy of all decisions
granting variances must be forwarded to the DNR within ten days of such
action. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
(8) Record -Keeping. The Zoning Administrator must maintain a record of all
variance actions, including justification for their issuance, and must report
such variances in an annual or biennial report to the Administrator of the
National Flood Insurance Program, when requested by the Federal
Emergency Management Agency.
(d) Conditional Uses:
(1) Conditional Use Permit Applications. An application for a conditional
use permit under the provisions of this ordinance will be processed and
reviewed in accordance with Section(s) 825.39-825.43 of the city code.
(2) Factors Used in Decision -Making. In passing upon conditional use
applications, the City must consider all relevant factors specified in other
sections of this ordinance, and those factors identified in Section 10.35 of
this ordinance.
(3) Conditions Attached to Conditional Use Permits. The City Council may
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.
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September 20, 2016
(iv) Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
(v) Floodproofing measures, in accordance with the State Building
Code and this ordinance. The applicant must submit a plan or
document certified by a registered professional engineer or
architect that the floodproofing measures are consistent with the
regulatory flood protection elevation and associated flood factors
for the particular area.
(4) Submittal of Hearing Notices to the Department of Natural Resources
(DNR). The City Clerk must submit hearing notices for proposed
conditional uses to the DNR sufficiently in advance to provide at least ten
days' notice of the hearing. The notice may be sent by electronic mail or
U.S. Mail to the respective DNR area hydrologist.
(5) Submittal of Final Decisions to the DNR. A copy of all decisions granting
conditional uses must be forwarded to the DNR within ten days of such
action. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
Subd. 11. Nonconformities. Continuance of Nonconformities: A use, structure, or
occupancy of land 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 Subd. 2(i) of this ordinance, are
subject to the provisions of Subd. 11(a) through Subd. 11(g) of this ordinance.
(a) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in Subd. 11(b) below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
(b) Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage potential
must be protected to the regulatory flood protection elevation in accordance with
any of the elevation on fill or floodproofing techniques (i.e., FP 1 thru FP4
floodproofing classifications) allowable in the State Building Code, except as
further restricted in Subd. 11(c) and Subd. 11(g) below.
(c) If the cost of all previous and proposed alterations and additions exceeds 50
percent of the market value of any nonconforming structure, that shall be
considered substantial improvement, and the entire structure must meet the
standards of Subd.4 or Subd. 5 of this ordinance for new structures, depending
upon whether the structure is in the Floodway or Flood Fringe District,
respectively. The cost of all structural alterations and additions must include all
costs such as construction materials and a reasonable cost placed on all
manpower or labor.
(d) If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must conform
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September 20, 2016
to this ordinance. The Assessor must notify the Zoning Administrator in writing
of instances of nonconformities that have been discontinued for a period of more
than one year.
(e) If any nonconformity is substantially damaged, as defined in Subd. 2(i) of this
ordinance, it may not be reconstructed except in conformity with the provisions
of this ordinance. The applicable provisions for establishing new uses or new
structures in Subd. 4 or Subd. 5 will apply depending upon whether the use or
structure is in the Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.936 of this ordinance, it must not be reconstructed except in conformity
with the provisions of this ordinance.
(g) Any substantial improvement, as defined in Subd. 2(i) of this ordinance, to a
nonconforming structure requires that the existing structure and any additions
must meet the requirements of Subd. 4 or Subd. 5 of this ordinance for new
structures, depending upon whether the structure is in the Floodway or Flood
Fringe District.
Subd. 12. Penalties and Enforcement
(a) Violation Constitutes a Misdemeanor: 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) constitute a misdemeanor and will be punishable as defined by
law.
(b) Other Lawful Action: Nothing in this ordinance restricts the City from taking
such other lawful action as is necessary to prevent or remedy any violation. If the
responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses will constitute
an additional violation of this ordinance and will be prosecuted accordingly.
(c) Enforcement: Violations of the provisions of this ordinance will be investigated
and resolved in accordance with the following provisions. 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.
(1) 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.
(2) 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
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September 20, 2016
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.
(3) If the construction or development is not consistent with the requirements
of this ordinance, the zoning administrator may 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.
(4) The zoning administrator may require the responsible party to apply for
an after -the fact permit/development approval within a specified period of
time.
(5) Appeal: The suspected party may appeal the violation and required
corrective actions to the City Council.
Subd. 13. Amendments
(a) Floodplain Designation — Restrictions on Removal: The floodplain designation
on the Official Zoning Map must not be removed from floodplain 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 floodplain. Special exceptions to this rule may be permitted
by the Commissioner of the Department of Natural Resources (DNR) if the
Commissioner determines that, through other measures, lands are adequately
protected for the intended use.
(b) Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural
Resources (DNR) prior to adoption. The Commissioner must approve the
amendment prior to community approval.
(c) Map Revisions Require Ordinance Amendments. The floodplain district
regulations must be amended to incorporate any revisions by the Federal
Emergency Management Agency to the floodplain maps adopted in Subd. 2(c) of
this ordinance.
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 20th day of September, 2016.
Bob Mitchell, Mayor
Attest:
Jodi . Gallup, City clerk
Published in the Crow River News on the 29th day of September, 2016.
Ordinance No. 603 46
September 20, 2016