HomeMy Public PortalAbout09-13-2016 POSTED IN CITY HALL August 9, 2016
PLANNING COMMISSION AGENDA
TUESDAY, SEPTEMBER 13, 2016
7:00 P.M.
CITY HALL (2052 County Road 24)
1. Call to Order
2. Public Comments on items not on the agenda
3. Update from City Council proceedings
4. Planning Department Report
5. Approval of Draft Minutes:
A. July 12, 2016, Planning Commission meeting.
B. August 3, 2016, Concurrent Special Meeting with Council.
C. August 16, 2016, Concurrent Special Meeting with Council.
6. Public Hearing - AutoMotorPlex – PUD General Plan, Site Plan Review,
and Plat to construct 237,500 square feet of private garage
condominiums and accessory retail, service, and meeting space on 19.17
acres east of Arrowhead Dr., north of Hamel Road.
7. Public Hearing - Ellis and Nancy Olkon – Variance from the contiguous
suitable soil requirements for a subdivision at 2362 Willow Drive.
8. Public Hearing - Ordinance Amendment – Chapter 8 of the City Code
related to Floodplain Management.
9. Potential Reschedule - November 9, 2016, meeting/Comprehensive Plan
Open House, Hearing Schedule.
10. Council Meeting Schedule
11. Adjourn
1
CITY OF MEDINA 1
PLANNING COMMISSION 2
DRAFT Meeting Minutes 3
Tuesday July 12, 2016 4
5
1. Call to Order: Chairperson V. Reid called the meeting to order at 7:00 p.m. 6
7
Present: Planning Commissioners Todd Albers, Chris Barry, Kim Murrin, Robin Reid, 8
Victoria Reid and Janet White. 9
10
Absent: None. 11
12
Also Present: City Planner Dusty Finke. 13
14
2. Public Comments on Items not on the Agenda 15
16
No comments made. 17
18
3. Update from City Council Proceedings 19
20
Anderson reported that the City Council met the previous week for a short agenda. He stated 21
that the City received a grant from CenterPoint Energy which will be used for speed signs. 22
He stated that the Council conducted a Site Plan review for Just for Kix and noted that the 23
Council agrees with the variance but asked for some architectural amendments. He stated 24
that he and staff met with the applicant the previous day to review some architectural 25
changes. He stated that the Council also completed the public hearing Jeffrey-Johnson 26
easement vacation. 27
28
Murrin asked for the opinion of the Council regarding the Excelsior Group Concept Plan. 29
30
Anderson stated that the item is moving forward and was well received by the Council, 31
noting that there are some items the Council would like to work with the applicant on. 32
33
Finke stated that the feedback from the Council was similar to that of the Planning 34
Commission regarding the difficulty in jumping ahead of the staging, whether the application 35
would meet the criteria for PUD, and regarding the density and lot size. 36
37
Andersons clarified that the process is moving forward, not necessarily the project. 38
39
4. Planning Department Report 40
41
Finke provided an update. 42
43
5. Approval of the June 14, 2016 Draft Planning Commission Meeting Minutes. 44
45
Motion by Murrin, seconded by White, to approve the June 14, 2016, Planning 46
Commission minutes as presented. Motion carries unanimously. 47
48
6. AutoMotorPlex – PUD Concept Plan Review – East of Arrowhead Drive, 49
North of Hamel Road (PID 11-118-23-23-0002) 50
51
2
Finke presented a request for a review of a PUD Concept Plan for the property east of 52
Arrowhead Drive and north of Hamel Road. He noted that because this is a Concept Plan 53
review no formal action is desired and the intent is to obtain input from the Commission. He 54
stated that the request would include a total of 215,000 square feet on the subject property, 55
noting that the applicant runs a similar business in Chanhassen. He stated that there is not 56
much of a difference for this site when comparing the current Comprehensive Plan and the 57
draft format. He reviewed the surrounding property uses and proposed design of this 58
property which would include a total of nine buildings. He stated that the applicant would be 59
requesting a deviation in setbacks on the property. He stated that deviations in regard to 60
setbacks are allowed through the PUD purpose but only if it serves the broader purpose of the 61
land use and PUD district being created. He stated that staff is concerned with the extent of 62
the development shown, noting a portion of the site would be landlocked. He stated that the 63
applicant is proposing LP Smartboard as the primary building material, akin to the cement 64
fiber siding but noting that the material is wood based. He stated that the district would not 65
normally allow that type of material and therefore the applicant is requesting flexibility in 66
order to provide a more residential look. He stated that a technical review was done on the 67
architectural measures and was included in the Commission packet. He stated that there is a 68
limit of 20 percent on loading docks and doors and noted that it appears this application 69
would exceed that. He stated that additional review items are included in the Commission 70
packet. He referenced parking for events and stated that the applicant notes that there are 71
monthly car shows at their site in Chanhassen and stated that staff would want to discuss 72
conditions regarding to special event parking. He stated that in regard to transportation there 73
is one access from Arrowhead but staff would request a secondary emergency type access. 74
He noted that a narrative from the applicant was provided to the Commission review. 75
76
R. Reid referenced the proposed setbacks for the building and parking and asked for 77
clarification. 78
79
Finke stated that the information provided by the applicant suggests that as this moves 80
forward they may shift some of the buildings around. He clarified that the applicant is asking 81
for additional flexibility on possibly the east, north and south sides. 82
83
Bruno Silikowski, the applicant, stated that the concept was born from his interest in car 84
collecting and surrounding himself with friends with a similar interest. He stated that from 85
the outside this is a facility for likeminded enthusiasts to enjoy their hobby, likening the 86
facility to a horse barn for horse enthusiasts or hanger for those that enjoy airplanes. He 87
stated that they create an environment that brings people together, noting that the events start 88
out quite small. He noted that letters of support and accommodation were included in his 89
information from the Mayor of Chanhassen and other business owners in that area. 90
91
V. Reid referenced the setbacks and asked for additional information. 92
93
Silikowski stated that there may be some confusion as Finke was interpreting things from the 94
drawing. He stated that they are working with a design firm. He noted that they would like 95
to not only respect the wetland but improve it from a low quality wetland to a high quality 96
wetland, which will put some pressure on the other elements of the site. He stated that there 97
is a formula for the building placement and drive aisles. He stated that it will boil down to 98
about a five-foot difference in the setback to provide the desired layout. 99
100
Murrin referenced the possible events and asked how the people would be able to park for a 101
500-person event. 102
103
3
Silikowski stated that for events people drive their vehicles in to be on display, which will 104
help to self-regulate. He stated that 29 out of 30 days the site is virtually silent and one day 105
per month, on good weather months, people drive into the site to display their vehicle and the 106
event typically runs from 7:30 a.m. to 11:30 a.m. He noted that they do hire police to help 107
assist with traffic direction. He stated that typically they can absorb those vehicles but noted 108
that they do have an agreement that the Loram site could be used for additional parking. He 109
noted that they could possibly also work with Hennepin County to use their site for parking. 110
He noted that for larger events in Chanhassen they often shuttle patrons from other businesses 111
that are willing to share their parking. 112
113
Murrin stated that she did not receive copies of the letters from Chanhassen and would like 114
copies of those. She asked how long the Chanhassen property has been in operation. 115
116
Silikowski reported that the business began on January 1, 2008. 117
118
Murrin asked for the plans for the landlocked portion of property. 119
120
Silikowski reported that Loram owns that property and he is interested in purchasing a 121
portion of the property. He stated that he is going to work out the differences with Loram to 122
minimize whatever issues but noted that it is the Loram property and the decision would be 123
theirs as to what to do with that property. 124
125
Murrin asked if semi-trucks would bring vehicles into the site. 126
127
Silikowski stated that semi-trucks do not come into the site as that occurs off site. 128
129
Murrin asked if this business is associated with the exotic cars club. 130
131
Silikowski replied that his business is not associated with that club. 132
133
Murrin referenced the statement that was made that the auto club would increase property 134
values in the area and asked for more information. 135
136
Silikowski explained that when he purchased the property in Chanhassen he was approached 137
with an offer from a business that wanted to build a commercial building estimated at 138
$3,000,000 to $4,000,000 development. He stated that the value of the buildings on his site 139
in Chanhassen are estimated at $35,000,000 to $40,000,000 and noted that the values for 140
Medina would be higher. He stated that the property has higher values because of the content 141
that is put into the garages. 142
143
Murrin asked if the applicant is affiliated with the Loram property and why they are choosing 144
Medina. 145
146
Silikowski replied that he is not affiliated with the Loram property. He stated that there is a 147
formula he used to determine the most likely buyers, similar to what he did in Chanhassen. 148
He noted that this site is also zoned correctly for the desired use. He stated that Loram was 149
also interested in this use as an adjacent use for their property. He stated that this location 150
would open up a market that does not want to travel to Chanhassen. He noted that the 151
members of his club are successful business people that have worked hard and found success 152
in life that share this passion. 153
154
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Murrin stated that there have been concerns with traffic and loud vehicles and events. She 155
noted that it appears that this site would only hold one event each month from 7:00 to 11:00 156
a.m. and asked if the event would therefore be fairly quiet. 157
158
Silikowski confirmed that they have living proof of that with the history of their property in 159
Chanhassen and noted that the community in Chanhassen has been incredibly supportive. He 160
stated that they do open events to the public and they are very family oriented. He stated that 161
the events are not noisy and the vehicles are high end and therefore not noisy. He stated that 162
the events are coordinated with the local community and they have not had an issue yet. He 163
noted that they often do a collaborative event that donates to a charitable organization. 164
165
Finke confirmed that he would forward the letters to the Commission. 166
167
R. Reid stated that outside of events she would assume that the traffic would just be people 168
bringing their vehicles to and from the site. 169
170
Silikowski agreed and stated that out of 150 owners at any given time there would be maybe 171
six people onsite. He noted that some owners prefer to leave their vehicles on display and do 172
not drive them, as they view the vehicles as more of an art collection while some owners may 173
come to polish their vehicle. He provided examples of other owners and their habits, noting 174
that some owners switch their vehicles out when they are taking them to a show. He stated 175
that there would be typically no impact with the exception of the events which are 176
coordinated with the local community. 177
178
White stated that she did visit the site in Chanhassen and asked if there would be similar 179
building materials. 180
181
Silikowski stated that the materials would be similar but would actually be an upgrade that 182
would have a higher quality and maintenance value. He stated that they are using what they 183
learned from the Chanhassen site to make these buildings even better. He stated that the 184
campus will provide much more of an experience and community. He stated that this will 185
become the flagship location for the organization. 186
187
White stated that she noticed the Chanhassen site was quite bermed from the road and asked 188
if there would be a similar plan for this site. 189
190
Silikowski stated that site is deceiving because what appears to be berm is actually a drop in 191
the site and retaining walls were constructed because of the site elevations. 192
193
Albers asked for the buildout timeline as it was noted that it would be phased. 194
195
Silikowski replied that the timing would be based on demand. He noted that despite the poor 196
market conditions in 2008 when the Chanhassen site opened they were still able to build one 197
to two buildings per year and believed that this site would move more quickly. He aimed to 198
start with three to four buildings in the initial construction. 199
200
Albers asked if the retail would be limited to the members of the club or open to the public. 201
202
Silikowski stated that there are a lot of elements that are needed for a garage (cabinets and 203
cleaning materials) and noted that they would have products that people could choose from to 204
service their vehicles and for retail purchase for people to use at their own homes. 205
206
5
Albers asked if there has been thought to extend a road to the retail portion to provide another 207
egress. 208
209
Silikowski agreed that an emergency access could be incorporated similar to what they did in 210
Chanhassen. 211
212
V. Reid stated that she does like the layout but asked where the garage doors and peaked 213
roofs would be, specifically what the site would look like from the road. 214
215
Silikowski stated that the buildings have windows and character on all sides of the building to 216
provide architectural interest. He provided additional details on how the buildings would be 217
oriented and what you would see from the road. He noted that the garage door would have a 218
wood look. 219
220
V. Reid stated that it appears that the garage doors and peaked roofs are facing inwards and 221
not towards Arrowhead. 222
223
Silikowski explained that the edges of the buildings are gabled which allows for a lot of 224
window placement and balconies. 225
226
Finke clarified that there are garage doors on both sides of the building. 227
228
V. Reid stated that there would then be a huge amount of modulation. She stated that the 229
plan is well within the hardcover requirement and asked if there are driveways or concrete to 230
connect the buildings. She also asked if there would be shrubbery but acknowledged that is 231
not typically a part of the Concept Plan. 232
233
Silikowski replied that the driveways would be asphalt and confirmed that they also care 234
about landscaping and would most likely exceed the landscaping requirements. 235
236
Albers asked how the site would be lit in terms of lighting plans. 237
238
Silikowski stated that downcast lighting has been used on the buildings and has been more 239
than adequate while also not disturbing the neighborhood. He stated that he is very interested 240
in working on this in a collaborative manner. He explained that while this is a successful 241
model he is interested in the input of the Commission in terms of what would hold them back 242
from approval. 243
244
Dick Copy, EVS, stated that his firm is working with the applicant on this project and has 245
been working on this for the past year. He noted that his firm also worked with the Vikings 246
on their new stadium and the facility in Eden Prairie. He stated that working with the 247
applicant has been beyond reproach. He referenced the letters in support of this application 248
and noted that very seldom will a City Manager write a letter in recommendation of a 249
developer. He stated that he spoke with Hennepin County and the County has requested a 250
study, noting that the report will be finished in two weeks, regarding the events; specifically, 251
a traffic study and event management plan. He stated that Finke did an excellent job laying 252
out the possible issues and noted that this is a Concept Plan. He noted that 70 percent of the 253
landscaping would occur on the perimeter to provide screening with the remaining 30 percent 254
on the internal portion of the site. He described the proposed placement of the stormwater 255
pond which will connect to the wetland and would be approximately two acres and would 256
create a courtyard feature for the site. He referenced the wetland work that was done by the 257
applicant on the Chanhassen site and encouraged the Commission to visit that site. He noted 258
that more detailed plans would come as the process moves forward. 259
6
260
V. Reid opened the public hearing at 7:57 p.m. 261
262
Leslie Bork stated that she already has problem with the water that drains from the Loram site 263
onto her property and is worried about the placement of the basins. She noted that the water 264
issues are her main concern from this site. She referenced the sewer and water connection to 265
the site and asked whose expense that would be. 266
267
Finke replied that connection would be at the expense of the applicant. 268
269
Copy stated that there would be a very extensive stormwater study completed and they would 270
meet all the requirements of the Watershed District to ensure that they do not create a 271
problem to neighboring property owners. He stated that perhaps there are items they can do 272
that may assist in the current conditions. 273
274
Caroline Standburg stated that she lives across the street from the Loram property, to the 275
south. She stated that her main concern is the noise level of the events. She stated that it 276
appears the events draw a lot of people that are having a good time, but noted that noise 277
travels in an open space. She noted that muscle cars tend to be loud and she does not want to 278
hear engines revving. She was also concerned that there would be PA systems and loud 279
music that could travel. She stated that traffic would also be a concern. She stated that most 280
people would travel down Arrowhead but noted that some people would use Hamel Road, 281
which is a narrow road with a lot of pedestrian and bicycle traffic. 282
283
__ stated that he is a vehicle owner at the Chanhassen site. He noted that it is not a loud 284
complex and he is at the site three to four days per week working on his vehicle and typically 285
there are only up to six people on site, acknowledging that there are more people on 286
weekends. He stated that there are charitable events and the people are respectful as some of 287
these vehicles have a value of $2,000,000. He explained that this is a group of people that are 288
very interested in high end vehicles. He invited people to attend one of the shows at 289
Chanhassen to see how they actually run. 290
291
V. Reid closed the public hearing at 8:05 p.m. 292
293
Barry stated that at this point in the process he would be supportive of this project. He stated 294
that this would bring something different to Medina that would be good for the community, 295
noting that downtown Hamel is not far from this location and could benefit from the 296
additional traffic. 297
298
Murrin agreed with the comments of Barry. She stated that the concerns in the staff report 299
should be incorporated into the final plans for the project. She noted that she would be 300
interested in visiting the Chanhassen site for the July show to get a better understanding of 301
the events. 302
303
White agreed with Barry and Murrin and stated that she liked what she saw from the 304
Chanhassen site. She stated that she also likes the comments regarding the plans for the areas 305
and encouraged the applicant to be mindful of the comments in the staff report. 306
307
R. Reid stated that it appears that this use would fit in with the surrounding uses. She stated 308
that there were plans for future residential across the street but noted that the landscaping 309
would most likely be sufficient to buffer. She stated that she was unsure that this would meet 310
the criteria for a PUD and asked if it would be better to do this as a CUP with variances. 311
312
7
Finke stated that in regard to the setback reductions it would be hard to justify a variance and 313
explained that the PUD would allow for that in a legitimate land use way. 314
315
R. Reid stated that after hearing about the water management and improvement of the 316
wetlands that may better justify the PUD. She stated that this would be an asset to the 317
community that sounds fun and would get people excited. She stated that she does not have a 318
problem with this use in this location. 319
320
Albers stated that he has no issues that would prevent him from recommending approval as 321
this would be a great asset to the community and would add more tax value than the City 322
would typically get from the development of the property. He noted that this is also a unique 323
use that will provide value. 324
325
V. Reid agreed that this will be interesting and a wonderful gathering place. She stated that 326
she would like to know more about the smartboard material versus brick and stone when the 327
application moves forward. She stated that she likes the idea of wood for the garage doors as 328
that would assist in creating a residential feel. She noted that the applicant will want to 329
ensure that the screening is really good with the decreased setbacks. She noted that the water 330
issues that the neighbor addressed should also be considered. She stated that the Commission 331
looks forward to what the applicant will bring back. 332
333
Silikowski stated that for those interested in touring the Chanhassen site he would be more 334
than willing to schedule something where the Commission could come and talk to some of 335
the owners and visit the site. 336
337
7. Ordinance Amendment – Chapter 8 of the City Code Related to Temporary Family 338
Healthcare Dwellings 339
340
Finke stated that a new State law was passed this last legislative session, noting that 341
beginning September 1st the Statute will trump and the City will be required to issue permits 342
for temporary healthcare dwellings for up to six months. He referenced a recent newspaper 343
article which explained the issue well. He noted that structure setbacks would need to be 344
met, similar to a home. He noted that this would more likely happen in a rural setting. He 345
stated that the City has the option to opt out of this or if the City does nothing the dwellings 346
would be allowed under the set standards. He noted that the City could also create their own 347
standards. He stated that the majority of cities have opted out of this item. He stated that this 348
would require administrative work in a short time to prepare for permitting and noted that this 349
would also require submission of medical records. 350
351
Murrin asked which City wanted to allow more flexibility. 352
353
Finke replied that Crystal has opted out but is creating their own regulations to make it more 354
flexible and fitting for their city. 355
356
Murrin asked if the City opts out would the units then not be allowed. 357
358
Finke replied that is correct, someone could not have a second temporary dwelling on their 359
property. He noted that there are separate regulations for recreational vehicles. He stated that 360
accessory dwelling structures are allowed on a permanent basis with all necessary City 361
approvals, but are not allowed on a temporary basis. 362
363
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V. Reid stated that in her opinion most Home Owners Associations would not allow 364
temporary dwellings and received clarification that the HOA covenant could be more 365
restrictive than City code. 366
367
Finke confirmed that the City could change their mind in the future, whether they choose to 368
opt out or stay in at this time. 369
370
R. Reid stated that the State laws appear to be pretty restrictive and stated that staff could 371
always set their own regulations in the future. 372
373
V. Reid opened the public hearing at 7:24 p.m. 374
375
No comments made. 376
377
V. Reid closed the public hearing at 7:24 p.m. 378
379
Murrin stated that she would like to opt out because of the issues that could arise. She stated 380
that her neighborhood does not have an association and she would not be pleased to see 381
someone living in a dwelling of this time at her neighbor’s house. 382
383
Barry stated that he also supports the idea to opt out because of the additional work this 384
would create for staff. 385
386
Albers agreed that if the majority of the communities are choosing to opt out then perhaps the 387
legislature was making changes for a market that does not exist. 388
389
R. Reid stated that when people get into these types of situations they happen very quickly 390
and therefore she has empathy for people that end up in this situation. She did not want to 391
see the door closed on this concept all together. 392
393
Barry stated that the challenge would be that the dwelling would need to meet all the 394
requirements. 395
396
Murrin stated that if your family member needs care perhaps they would be better served 397
living in a healthcare facility or within the person’s actual home, rather than a little box in the 398
yard. 399
400
V. Reid stated that perhaps that concept would fit within the rural residential area. 401
402
Finke stated that the City could opt out and then adopt their own regulations. 403
404
V. Reid stated that she does not want to create a lot of additional work for staff. 405
406
R. Reid stated that she would support opting out at this time. 407
408
White stated that she would also support opting out as she would not want the City staff have 409
to review the medical documents to determine who would qualify. 410
411
Motion by Murrin, seconded by Barry, to recommend approval of the opt out ordinance 412
amendment to Chapter 8 of the City Code Related to Temporary Healthcare Dwellings. 413
Motion carries unanimously. 414
415
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8. Concurrent Special Meeting for Comprehensive Plan Update with City Council and 416
Planning Commission on Wednesday, August 3, 2016, at 5:00 p.m. 417
418
V. Reid noted that there will be a special concurrent meeting with the City Council on 419
Wednesday, August 3rd at 5:00 p.m. 420
421
Motion by Barry, seconded by White, to call for a special concurrent meeting with the City 422
Council and Planning Commission on Wednesday, August 3, 2016. Motion carries 423
unanimously. 424
425
Finke stated that most likely there will not be a regular Planning Commission meeting in 426
August. 427
428
9. Council Meeting Schedule 429
430
Finke advised that the Council will be meeting on Tuesday, July 19th and will consider the 431
Concept Plan AutoMotorPlex 432
433
Murrin stated that she will attend the meeting to represent the Planning Commission. 434
435
10. Adjourn 436
437
Motion by Albers, seconded by R. Reid, to adjourn the meeting at 8:32 p.m. Motion 438
carried unanimously. 439
Comp Plan Schedule Page 1 of 1 September 13, 2016
Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: September 9, 2016
MEETING: September 13, 2016 Planning Commission
SUBJ: Potential November Meeting Reschedule; Comp Plan Schedule
The Steering Committee has provided direction to put together a DRAFT Comprehensive Plan
and to hold a series of Open Houses to discuss the Plan.
The original intent was to hold a formal Public Hearing at the November 9, 2016 Planning
Commission meeting.
Staff is attempting to finalize the schedule and it appears that this schedule may be overly
aggressive in order to allow enough time to advertise the events and hold the Open Houses and
to allow the Steering Committee to meet to review the feedback all before the November 9
meeting.
There appear to be two options:
1) Delay the formal Public Hearing until December 13, 2016. This would allow more time
to complete the work. The potential downside is that it places the hearing in the holiday
season and also delays final action by a month.
2) Reschedule Planning Commission meeting and hold the Public Hearing on November 17,
2016. Staff has some concern about this timeframe, especially since it would suggest
holding some of the Open Houses during MEA week (October 17-21).
All things considered, staff would suggest the following schedule:
September 17, 2016 – Information Booth at Medina Celebration Day
Saturday, October 29, 2016 - 9a.m-noon - Open House
Tuesday, November 1, 2016 – 5-7 p.m. – Open House
Week of November 7 or 14 – Steering Committee meeting
Tuesday, December 13, 2016 – Planning Commission Pubic Hearing (w/ Open House
before meeting 5-7 p.m.)
Tuesday, January 3, 2016 – City Council Review
Planning Commissioners should bring calendars to the September 13 meeting in order to provide
feedback on the schedule. Staff will be consulting with the Steering Committee prior to the
meeting in order to see if there are concerns adding a month to the schedule. If the Steering
Committee desires to hold the Public Hearing in November, staff will request that the Planning
Commission consider holding a meeting on November 17.
Medina City Council Special Meeting Minutes 1
August 3, 2016
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES
OF AUGUST 3, 2016
The City Council of Medina, Minnesota met in special session on August 3, 2016 at 5:32 p.m. at
the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Anderson, Cousineau, Martin, Mitchell and Pederson
Members absent: None
Also present: City Administrator Scott Johnson, City Planner Dusty Finke, Associate
Planner Debra Peterson and Medina Planning Commissioners.
II. 2040 Comprehensive Plan
Public Comments – Committee members heard landowners concerns such as:
A. Jeff Pederson (710 Shawnee Woods; Property owner – 4675 Mohawk):
He said changing the future land use plan north of Chippewa along the east and west
side of Mohawk comes down to a fairness issue. He said the Wealshire development
was approved and it changed the area since it is not R1, but rather a Business.
He suggested the City not extend Chippewa Road between Mohawk and Arrowhead.
He asked that the City move the Low Density Residential guidance from areas north and
south of Cates Ranch and East of Willow Drive back to its original designation since they
didn’t ask for a change and then move that designation to the area around the
Wealshire development since that area changed once the Wealshire development was
approved.
He said that the owners surrounding the Wealshire development would have opposed
the development if the City would have informed them that their designation was being
changed.
B. Tim Whitten (Representative for land owners south of Bridgewater Development):
He said he represents five property owners south of Bridgewater and their concerns
were more about the change in Staging from 2016 to the proposed 2030 plan.
All five property owners are in agreement to develop at the same time and work
together which would provide for a better development than if it were piecemealed. He
said they are looking at developing property with low density single family, townhomes,
and possibly condos. They asked that the Staging Plan for their property not be changed
as proposed.
Medina City Council Special Meeting Minutes 2
August 3, 2016
Their development could provide access to the Park/Public land east of Bridgewater that
would allow for access to the park rather than just the Bridgewater development.
Asked why the land area north of Bridgewater was proposed to be staged in 2018.
C. Doug Dunlay (Property owner – 4292 Arrowhead Dr.):
He said it is hard to understand why the City would change the zoning designation and
Staging period from 2016 to 2030. He asked that the staging plan stay as it is today.
D. Elizabeth Weir (1262 Hunter Dr.):
She requested that woodland preservation be added to the Environmental portion of
the Comprehensive Plan.
Meeting Summary and Consensus:
Members requested that staff get an existing MUSA Map for Corcoran.
Consensus was that staff work on trying to maintain close to the minimum projected
residential growth
Consensus was to shift the Low Density Residential to be more adjacent to Wealshire at
4555 Mohawk Drive and remove the Low Density Residential north and south of Cates
Ranch Drive.
A member noted that the additional low density residential near the memory
Care/Wealshire has been part of the Wayzata and Rockford school districts future plans.
A member noted that the large wetland area east of Mohawk Drive provides a natural
buffer to residents living east of Mohawk Drive.
Consensus was that the land south of Bridgewater development be staged for the year
2020, not the proposed 2030.
Consensus supported the High Density residential at the NE corner of Highway 12 and
Baker Park Road.
Consensus supported the Mixed Residential at the NW corner of Brockton and Medina
Road, but if staff sees that the plan shows an excess of Mixed Residential based on
staging, the area could be considered for Rural Residential.
Finke informed the group that the rural area being discussed around Wealshire
development has 180 acres of buildable land which equates to approximately 360
homes, substantially more than the amount removed.
General consensus was to guide only the amount of property around the Wealshire as
necessary to meet projections. In addition to proximity to existing development,
members requested staff to discuss the most practical property to include from the
aspect of infrastructure requirements.
Medina City Council Special Meeting Minutes 3
August 3, 2016
The group asked that staff make the proposed modifications and that another
concurrent meeting be set to review it again. No date was set.
Schedule – The group did not set a date for the next meeting, but determined it’s necessary.
August 17th the Park Commission meeting date
August 30th the Steering Committee meeting date
III. Adjourn – The meeting was adjourned at 7:00 p.m.
__________________________________
Attest: Bob Mitchell, Mayor
____________________________________
Jodi M. Gallup, City Clerk
Medina City Council Special Meeting Minutes 4
August 3, 2016
This Page Intentionally Left Blank
Medina City Council Special Meeting Minutes 1
August 16, 2016
MEDINA CITY COUNCIL SPECIAL MEETING MINUTES
OF AUGUST 16, 2016
The City Council of Medina, Minnesota met in special session on August 16, 2016 at 7:30 p.m.
at the Medina City Hall, 2052 County Road 24, Medina, MN.
I. Call to Order
Members present: Anderson, Cousineau, Martin, Mitchell and Pederson (recused himself
from the discussion)
Members absent: None
Also present: City Administrator Scott Johnson, City Planner Dusty Finke, City
Engineer Jim Stremel and Medina Planning Commissioners.
II. 2040 Comprehensive Plan
City Planner Dusty Finke provided an update on land use and staging options for the Draft
Comprehensive Plan. Staff requested discussion and direction on the three land use scenarios
and staging options. Staff answered questions and shared information regarding past
assessments, sewer lift station maintenance with Option B, school districts, Chippewa Road
extension, and existing staging.
City Council and Planning Commissioners shared their thoughts on the different options.
Public Comments – Committee members heard landowner’s concerns such as:
A. Tim Whitten (Representative for landowners south of Bridgewater Development):
He said he represents five property owners south of Bridgewater and their concerns
were more about the change in Staging from 2016 to the proposed 2030 plan.
All five property owners are in agreement to develop at the same time and work
together which would provide for a better development than if it were piecemealed. He
said they are looking at developing property with low density single family, townhomes,
and possibly condos. They asked that the greater Staging Plan not change as to their
property as the committee proposed.
Their development would provide greater access to the Park/Public land east of
Bridgewater.
Asked to have the property staged in 2018 and not in 2020.
B. Craig Roy (Property owner – Mohawk Drive):
He suggested the City designate his property to Low Density Residential guidance.
Medina City Council Special Meeting Minutes 2
August 16, 2016
He stated the market will dictate when the property is developed.
Meeting Summary and Consensus:
Staff depicted three options near the Wealshire site. Consensus was to implement
Option B (Low Density Residential east of Mohawk Drive and North of Chippewa Road).
Consensus was to update the staging plan to balance out the number of units made
available during the comprehensive plan timeframes (move Tamarack Drive property to
2030 timeframe, move property south of Bridgewater to 2020 timeframe, and move
property in Option B to 2025 timeframe).
Schedule – The group did not set a date for the next meeting.
August 30th is the Steering Committee meeting date
III. Adjourn – The meeting was adjourned at 9:45 p.m.
Ordinance Amendment Page 1 of 1 September 13, 2016
Floodplain Management Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: September 6, 2016
MEETING: September 13, 2016 Planning Commission
SUBJ: Ordinance Amendment – Floodplain Management – Public Hearing
Background
The Federal Emergency Management Administration (FEMA) periodically updates the maps and
models related to areas throughout the country which have a higher chance of flooding. When
these maps are updated within a geographical area, communities are required to update their
floodplain management regulations to adopt the updated maps. In addition to adopting the map,
the regulations are required to be brought into compliance with the most recent federal
requirements for local ordinances. Federal and state governmental agencies adopt minimum
requirements but leave it up to local communities to enforce the regulations.
The Minnesota DNR has provided a model ordinance and commentary which describes the areas
in which local governments have discretion within the regulations. This discretion is fairly
limited. The regulations are intended to limit new development within flood prone areas while
phasing out existing development. The local community is allowed some leeway to balance
local economic development with the risk of flooding.
Medina has very little existing improvements within flood prone areas and fairly limited flood
risks. As a result, staff has recommended that the City not adopt most of the optional provisions
which may allow more development within flood prone areas, but which also require additional
administrative and regulatory involvement by the City.
The City is required to have adopted updated regulations which are consistent with the updated
maps and the updated requirements by the end of October, 2016. Failure to adopt the regulations
by this timeframe will cause the City to be removed from the federal flood insurance program
and make City residents ineligible for federally subsidized insurance programs.
The proposed new language for the floodplain ordinance begins on page 28 of the ordinance.
The first 27 pages is deleting existing language to make way for the new language.
Potential Action
Move to recommend approval of the ordinance related to Floodplain Management.
Attachments
1. DRAFT Ordinance
2. Commentary and Model Ordinance from Minnesota Department of Natural Resources
3. Map identifying floodplain areas within the City
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
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 stream are
capable of conveying a proportionate share of flood flows.
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
or in the stage of a wetland or lake that results in the inundation of normally dry 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 portion of the floodplain outside of the floodway
and which has been or hereafter may be covered by the regional flood.
Subd. 39. Flood Proofing - 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. ### 2
DATE
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
the adjoining floodplains which are reasonably required to carry and discharge the regional
flood.
Subd. 80.2. Reach - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Subd. 86. Regional Flood - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. A flood which is representative of large floods known
to have occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional
flood is synonymous with the term "base flood" used in the flood insurance study.
Subd. 88. Regulatory Flood Protection Elevation - this term is defined within the Definition
section of the Floodplain Management Ordinance, Section 826.74. A point not less than one
foot above the water surface profile associated with the regional flood plus any increases in flood
heights attributable to encroachments on the floodplain. It is the elevation to which uses
regulated by this Ordinance are required to be elevated or flood proofed.
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:
Section 826.74. Floodplain Management Ordinance.
Section 826.75. Statutory Authorization, Findings of Fact and Purpose.
Subd. 1. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses. Therefore, the
City Council of the City of Medina, Minnesota does ordain as follows:
Subd. 2. Findings of Fact.
(a) The flood hazard areas of Medina, Minnesota, are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
(b) Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable
Ordinance No. ### 3
DATE
method of analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
(c) National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified
as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community’s eligibility in the National Flood Insurance Program.
Subd. 3. Statement of Purpose. It is the purpose of this ordinance to promote the public
health, safety, and general welfare and to minimize those losses described in Section
826.75, subd. 2 (a) by provisions contained herein.
Section 826.77 General Provisions.
Subd. 1. Lands to Which Ordinance Applies. This ordinance shall apply to all lands
within the jurisdiction of the city shown on the official zoning map and/or the
attachments thereto as being located within the boundaries of the Floodway, Flood
Fringe, or General Flood Plain Districts.
Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map together with
all materials attached thereto is hereby adopted by reference and declared to be a part of
this ordinance. The attached material shall include the Flood Insurance Study, Volume 1
of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood
Insurance Rate Map panels numbered 27053C0134 E, 27053C0142 E, 27053C0144 E,
27053C0153 E, 27053C0154 E, 27053C0158 E, 27053C0159 E, 27053C0165 E,
27053C0166 E, 27053C0167 E, 27053C0168 E, 27053C0169 E, 27053C0302 E,
27053C0306 E, and 27053C0307 E for the City of Medina, dated September 2, 2004, as
developed by the Federal Emergency Management Agency. The official zoning map
shall be on file in the office of the city clerk and the zoning administrator.
Subd. 3. Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood plain
that result from designation of a floodway.
Subd. 4. Interpretation.
(a) In their interpretation and application, the provisions of this ordinance shall be held to
be minimum requirements and shall be liberally construed in favor of the city and
shall not be deemed a limitation or repeal of any other powers granted by state
statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the
Official Zoning Map. Where interpretation is needed as to the exact location of
the boundaries of the district as shown on the Official Zoning Map, as for example
where there appears to be a conflict between a mapped boundary and actual field
Ordinance No. ### 4
DATE
conditions and there is a formal appeal of the decision of the zoning administrator,
the city council acting as the Board of Adjustment shall make the necessary
interpretation. All decisions will be based on elevations on the regional (100-year)
flood profile, the ground elevations that existed on the site at the time the city
adopted its initial floodplain ordinance, and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable
opportunity to present their case to the Board of Adjustment and to submit
technical evidence.
Subd. 5. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
Subd. 6. Warning and Disclaimer of Liability. This ordinance does not imply that areas
outside the flood plain districts or land uses permitted within such districts will be free
from flooding or flood damages. This ordinance shall not create liability on the part of
city or any officer or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
Subd. 7. Severability. If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby.
Subd. 8. Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application.
(a) Accessory Use or Structure - a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
(b) Basement - means any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
(c) Conditional Use - means a specific type of structure or land use listed in the
official control that may be allowed but only after an in-depth review procedure
and with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
(1) Certain conditions as detailed in the zoning ordinance exist.
(2) The structure and/or land use conform to the comprehensive land use plan
if one exists and are compatible with the existing neighborhood.
Ordinance No. ### 5
DATE
(d) Equal Degree of Encroachment - a method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
(e) Flood - a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
(f) Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
(g) Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study.
(h) Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
(i) Flood Proofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
(j) Floodway - the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or
store the regional flood discharge.
(k) Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not considered
a building’s lowest floor.
(l) 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.”
(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.
Ordinance No. ### 6
DATE
(o) Reach - a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
(p) Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this ordinance,
the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
(q) Regional Flood - a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood"
used in a flood insurance study.
(r) Regulatory Flood Protection Elevation - The regulatory flood protection elevation
shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood
plain that result from designation of a floodway.
(s) Structure - anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the
exemption criteria specified in Section 826.88, subd. 3 (a) of this ordinance and
other similar items.
(t) Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
(u) Substantial Improvement - within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the “start
of construction” of the improvement. This term includes structures that have
incurred “substantial damage,” regardless of the actual repair work performed.
The term does not, however, include either:
Ordinance No. ### 7
DATE
(1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(2) Any alteration of an “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as an “historic structure.”
For the purpose of this ordinance, “historic structure” shall be as defined
in Code of Federal Regulations, Part 59.1.
(v) Variance - means a modification of a specific permitted development standard
required in an official control including this ordinance to allow an alternative
development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
Section 826.79. Establishment of Zoning Districts.
Subd. 1. Districts.
(a) Floodway District. The Floodway District shall include those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 826.77, subd. 2.
(b) Flood Fringe District. The Flood Fringe District shall include those areas designated
as floodway fringe. The Flood Fringe District shall include those areas shown on
the Flood Insurance Rate Map as adopted in Section 826.77, subd. 2, as being
within Zone AE, Zone 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.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure
shall be constructed, located, extended, converted, or structurally altered without full
compliance with the terms of this ordinance and other applicable regulations which apply
to uses within the jurisdiction of this ordinance. Within the Floodway, Flood Fringe and
General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in
Sections 826.80, 826.83, and 826.84 that follow, respectively, shall be prohibited. In
addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel
trailers and travel vehicles are subject to the general provisions of this ordinance
and specifically Section 826.88.
Ordinance No. ### 8
DATE
(b) Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses
of structures or land are regulated by the general provisions of this ordinance and
specifically Section 826.92.
(c) As-built elevations for elevated or flood proofed structures must be certified by
ground surveys and flood proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in the general provisions
of this ordinance and specifically as stated in Section 826.91 of this ordinance.
Section 826.80. Floodway District (FW).
Subd. 1. Permitted Uses.
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
(b) Industrial-commercial loading areas, parking areas, and airport landing strips.
(c) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or multiple purpose
recreational trails.
(d) Residential lawns, gardens, parking areas, and play areas.
Subd. 2. Standards for Floodway Permitted Uses.
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning district if one exists.
(c) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
Subd. 3. Conditional Uses.
(a) Structures accessory to the uses listed in subd. 1 above and the uses listed in (b) – (h)
below.
(b) Extraction and storage of sand, gravel, and other materials.
(c) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(d) Railroads, streets, bridges, utility transmission lines, and pipelines.
Ordinance No. ### 9
DATE
(e) Storage yards for equipment, machinery, or materials.
(f) Placement of fill or construction of fences.
(g) Recreational vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 826.88, subd. 3 of this ordinance.
(h) Structural works for flood control such as levees, dikes and floodwalls constructed to
any height where the intent is to protect individual structures and levees or dikes
where the intent is to protect agricultural crops for a frequency flood event equal to
or less than the 10-year frequency flood event.
Subd. 4. Standards for Floodway Conditional Uses.
(a) All Uses. No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses may
be allowed as a conditional use that will cause any increase in the stage of the
100-year or regional flood or cause an increase in flood damages in the reach or
reaches affected.
(b) All floodway conditional uses shall be subject to the procedures and standards
contained in Section 826.91, subd. 4 of this ordinance.
(c) The conditional use shall be permissible in the underlying zoning district if one
exists.
(d) Fill:
(1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap
or other acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which
includes an erosion/sedimentation prevention element to the plan.
(3) As an alternative, and consistent with subsection (2) immediately above, dredge
spoil disposal and sand and gravel operations may allow temporary, on-site
storage of fill or other materials which would have caused an increase to the
stage of the 100-year or regional flood but only after the city council has
received an appropriate plan which assures the removal of the materials from
the floodway based upon the flood warning time available. The conditional
use permit must be title registered with the property in the Office of the
County Recorder.
(e) Accessory Structures:
(1) Accessory structures shall not be designed for human habitation.
Ordinance No. ### 10
DATE
(2) Accessory structures, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood
waters:
(aa) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
(bb) So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood proofed in
accordance with the FP-1 or FP-2 flood proofing classifications in the State
Building Code. As an alternative, an accessory structure may be flood proofed
to the FP-3 or FP-4 flood proofing classification in the State Building Code
provided the accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size at its largest projection, and for a detached
garage, the detached garage must be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures must meet the following
additional standards:
(aa) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed
to equalize hydrostatic flood forces on exterior walls;
(bb) Any mechanical and utility equipment in a structure must be elevated
to or above the regulatory flood protection elevation or properly
flood proofed; and
(cc) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two “automatic” openings in the outside walls of the
structure having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding. There must
be openings on at least two sides of the structure and the bottom of
all openings must be no higher than one foot above the lowest
adjacent grade to the structure. Using human intervention to open
a garage door prior to flooding will not satisfy this requirement for
automatic openings.
(f) Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is
prohibited.
Ordinance No. ### 11
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(2) Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the city.
(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
intended to remove areas from the regulatory flood plain shall not be allowed in
the floodway.
(h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to
the 100-year or regional flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
Section 826.83. Flood Fringe District (FF).
Subd. 1. Permitted Uses. Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning use district(s). If no pre-existing, underlying
zoning use districts exist, then any residential or non residential structure or use of a
structure or land shall be a permitted use in the Flood Fringe District provided such use
does not constitute a public nuisance. All permitted uses shall comply with the standards
for Flood Fringe District “Permitted Uses” listed in Section 826.83, subd. 2, and the
"Standards for all Flood Fringe Uses" listed in Section 826.83, subd. 5.
Subd. 2. Standards for Flood Fringe Permitted Uses.
(a) All structures, including accessory structures, must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood
protection elevation. The finished fill elevation for structures shall be no lower
than one (1) foot below the regulatory flood protection elevation and the fill shall
extend at such elevation at least (15) feet beyond the outside limits of the structure
erected thereon.
(b) As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet at its largest projection may be
internally flood proofed in accordance with Section 826.80, subd. 4 (e) (3).
(c) The cumulative placement of fill where at any one time in excess of one-thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a
conditional use, unless said fill is specifically intended to elevate a structure in
accordance with Section 826.83, subd. 2 (a) of this ordinance.
(d) The storage of any materials or equipment shall be elevated on fill to the regulatory
flood protection elevation.
(e) The provisions of Section 826.83, subd. 5 of this ordinance shall apply.
Ordinance No. ### 12
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Subd. 3. Conditional Uses. Any structure that is not elevated on fill or flood proofed in
accordance with Section 826.83, subd. 2 (a) – (b) and or any use of land that does not
comply with the standards in Section 826.83, subd. 2 (c) – (d) shall only be allowable as a
conditional use. An application for a conditional use shall be subject to the standards and
criteria and evaluation procedures specified in Sections 826.83, subd. 4-5, and Section
826.91, subd. 4 of this ordinance.
Subd. 4. Standards for Flood Fringe Conditional Uses.
(a) Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or
above-grade, enclosed areas such as crawl spaces or tuck under garages. The base
or floor of an enclosed area shall be considered above-grade and not a structure's
basement or lowest floor if: 1) the enclosed area is above-grade on at least one
side of the structure; 2) it is designed to internally flood and is constructed with
flood resistant materials; and 3) it is used solely for 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
regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of
flooding.
(2) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be
designed to internally flood and the design plans must stipulate:
(aa) A minimum area of openings in the walls where internal flooding is
to be used as a flood proofing technique. There shall be a
minimum of two openings on at least two sides of the structure and
the bottom of all openings shall be no higher than one-foot above
grade. The automatic openings shall have a minimum net area of
not less than one square inch for every square foot subject to
flooding unless a registered professional engineer or architect
certifies that a smaller net area would suffice. The automatic
openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of flood waters without any form of human intervention;
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and
(bb) That the enclosed area will be designed of flood resistant materials
in accordance with the FP-3 or FP-4 classifications in the State
Building Code and shall be used solely for building access, parking
of vehicles or storage.
(b) Basements, as defined by Section 826.77, subd. 8 (b) of this ordinance, shall be
subject to the following:
(1) Residential basement construction shall not be allowed below the regulatory
flood protection elevation.
(2) Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry flood proofed
in accordance with Section 826.83, subd. 4 (c) of this ordinance.
(c) All areas of non residential structures including basements to be placed below the
regulatory flood protection elevation shall be flood proofed in accordance with
the structurally dry flood proofing classifications in the State Building Code.
Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing
classification in the State Building Code and this shall require making the
structure watertight with the walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood
proofed to the FP-3 or FP-4 classification shall not be permitted.
(d) When at any one time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on-site storage, landscaping, sand and
gravel operations, landfills, roads, dredge spoil disposal or construction of flood
control works, an erosion/sedimentation control plan must be submitted unless the
community is enforcing a state approved shoreland management ordinance. In
the absence of a state approved shoreland ordinance, the plan must clearly specify
methods to be used to stabilize the fill on site for a flood event at a minimum of
the 100-year or regional flood event. The plan must be prepared and certified by
a registered professional engineer or other qualified individual acceptable to the
city council. The plan may incorporate alternative procedures for removal of the
material from the flood plain if adequate flood warning time exists.
(e) Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is
prohibited.
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(2) Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the city council.
(f) The provisions of Section 826.83, subd. 5 of this ordinance shall also apply.
Subd. 5. Standards for All Flood Fringe Uses.
(a) All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation. If a variance
to this requirement is granted, the Board of Adjustment must specify limitations
on the period of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood emergency
response procedures exist.
(b) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking
lots may be at elevations lower than the regulatory flood protection elevation.
However, a permit for such facilities to be used by the employees or the general
public shall not be granted in the absence of a flood warning system that provides
adequate time for evacuation if the area would be inundated to a depth and
velocity such that when multiplying the depth (in feet) times velocity (in feet per
second) the product number exceeds four upon occurrence of the regional flood.
(c) Manufacturing and Industrial Uses - measures shall be taken to minimize interference
with normal plant operations especially along streams having protracted flood
durations. Certain accessory land uses such as yards and parking lots may be at
lower elevations subject to requirements set out in Section 826.83, subd. 5 (b)
above. In considering permit applications, due consideration shall be given to
needs of an industry whose business requires that it be located in flood plain
areas.
(d) Fill shall be properly compacted and the slopes shall be properly protected by the use
of riprap, vegetative cover or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special
flood hazard area designation for certain structures properly elevated on fill above
the 100-year flood elevation - FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of
site preparation if a change of special flood hazard area designation will be
requested.
(e) Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the
Official Zoning Map.
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(f) Standards for recreational vehicles are contained in Section 826.88, subd. 3.
(g) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable state
or local anchoring requirements for resisting wind forces.
Section 826.84. General Flood Plain District.
Subd. 1. Permissible Uses.
(a) The uses listed in Section 826.80, subd. 1 of this ordinance shall be permitted uses.
(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria
pursuant to subd. 2 below. Section 826.80 shall apply if the proposed use is in the
Floodway District and Section 826.83 shall apply if the proposed use is in the
Flood Fringe District.
Subd.2. Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
(a) Upon receipt of an application for a permit or other approval within the General
Flood Plain District, the applicant shall be required to furnish such of the
following information as is deemed necessary by the zoning administrator for the
determination of the regulatory flood protection elevation and whether the
proposed use is within the Floodway or Flood Fringe District.
(1) A typical valley cross-section(s) showing the channel of the stream, elevation of
land areas adjoining each side of the channel, cross-sectional areas to be
occupied by the proposed development, and high water information.
(2) Plan (surface view) showing elevations or contours of the ground, pertinent
structure, fill, or storage elevations, the size, location, and spatial
arrangement of all proposed and existing structures on the site, and the
location and elevations of streets.
(3) Photographs showing existing land uses, vegetation upstream and downstream,
and soil types.
(4) Profile showing the slope of the bottom of the channel or flow line of the stream
for at least 500 feet in either direction from the proposed development.
(b) The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in
determining whether the proposed use is in the Floodway or Flood Fringe District
and to determine the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of
Federal Regulations Part 65 shall be followed in this expert evaluation. The
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designated engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of Natural
Resources' Area Hydrologist prior to commencing the analysis. The designated
engineer or expert shall:
(1) Estimate the peak discharge of the regional flood.
(2) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(3) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than .5'
shall be required if, as a result of the additional stage increase, increased
flood damages would result. An equal degree of encroachment on both sides
of the stream within the reach shall be assumed in computing floodway
boundaries.
(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.
Section 826.86. Subdivisions.
Subd. 1. Review Criteria. No land shall be subdivided which is unsuitable for the reason
of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots
within the flood plain districts shall be able to contain a building site outside of the
Floodway District at or above the regulatory flood protection elevation. All subdivisions
shall have water and sewage treatment facilities that comply with the provisions of this
ordinance, and with section 720 Individual Sewage Treatment Standards, and have road
access both to the subdivision and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the flood plain,
the Floodway and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly labeled on all
required subdivision drawings and platting documents. For rural areas, all areas
delineated on a survey or plat as being in the floodplain shall not be considered in the
contiguous suitable soils calculation, as defined in section 820.29 subd. 4(a).
Subd. 2. Floodway/Flood Fringe Determinations in the General Flood Plain District.
In the General Flood Plain District, applicants shall provide the information required in
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Section 826.84, subd. 2 of this ordinance to determine the 100-year flood elevation, the
Floodway and Flood Fringe District boundaries and the regulatory flood protection
elevation for the subdivision site.
Subd. 3. Removal of Special Flood Hazard Area Designation. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the 100-year
flood elevation. FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
Section 826.87. Public Utilities, Railroads, Roads and Bridges.
Subd. 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the flood plain shall be flood proofed in
accordance with the State Building Code or elevated to above the regulatory flood
protection elevation.
Subd. 2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Sections 826.80 and 826.83 of this
ordinance. Elevation to the regulatory flood protection elevation shall be provided where
failure or interruption of these transportation facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly functioning of
the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public
health or safety.
Subd. 3. On-site Sewage Treatment and Water Supply Systems. Where public utilities
are not provided: 1) On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site
sewage treatment systems must be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood waters and they shall
not be subject to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance with this
Section.
Section 826.88. Manufactured Homes and Manufactured Home Parks and Placement of
Travel Trailers and Travel Vehicles.
Subd. 1. New manufactured home parks and expansions to existing manufactured home
parks shall be subject to the provisions placed on subdivisions by Section 826.86 of this
ordinance.
Subd. 2. The placement of new or replacement manufactured homes in existing
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manufactured home parks or on individual lots of record that are located in flood plain
districts will be treated as a new structure and may be placed only if elevated in
compliance with Section 826.83 of this ordinance. If vehicular road access for pre-
existing manufactured home parks is not provided in accordance with Section 826.83,
subd. 5 (a) then replacement manufactured homes will not be allowed until the property
owner(s) develops a flood warning emergency plan acceptable to the city council.
(a) 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 do not meet the exemption criteria specified in Section
(a) below shall be subject to the provisions of this ordinance and as specifically spelled
out in Sections (c) and (d) below.
(a) Exemption - Recreational vehicles are exempt from the provisions of this ordinance if
they are placed in any of the areas listed in Subsection (b) below and further they
meet the following criteria:
(1) Have current licenses required for highway use.
(2) Are highway ready meaning on wheels or the internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks and the recreational vehicle has
no permanent structural type additions attached to it.
(3) The recreational vehicle and associated use must be permissible in any pre-
existing, underlying zoning use district.
(b) Areas Exempted For Placement of Recreational Vehicles:
(1) Individual lots or parcels of record.
(2) Existing commercial recreational vehicle parks or campgrounds.
(3) Existing condominium type associations.
(c) Recreational vehicles exempted in Section 826.88, subd. 3 (a) lose this exemption
when development occurs on the parcel exceeding $500 for a structural addition
to the recreational vehicle or exceeding $500 for an accessory structure such as a
garage or storage building. The recreational vehicle and all additions and
accessory structures will then be treated as a new structure and shall be subject to
the elevation/flood proofing requirements and the use of land restrictions
specified in Sections 826.80 and 826.83 of this ordinance. There shall be no
development or improvement on the parcel or attachment to the recreational
vehicle that hinders the removal of the recreational vehicle to a flood free location
should flooding occur.
(d) New commercial recreational vehicle parks or campgrounds and new residential type
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subdivisions and condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be subject to the
following:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or
Flood Fringe Districts provided said recreational vehicle and its contents are
placed on fill above the regulatory flood protection elevation and proper
elevated road access to the site exists in accordance with Section 826.83,
subd. 5 (a) of this ordinance. No fill placed in the floodway to meet the
requirements of this Section shall increase flood stages of the 100-year or
regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of (1)
above may, as an alternative, be allowed as a conditional use if in accordance
with the following provisions and the provisions of Section 826.91, subd. 4
of the ordinance. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 year flood. Said plan
shall be prepared by a registered engineer or other qualified individual, shall
demonstrate that adequate time and personnel exist to carry out the
evacuation, and shall demonstrate the provisions of Section 826.88, subd. 3
(a) (1) and (2) of this ordinance will be met. All attendant sewage and water
facilities for new or replacement recreational vehicles must be protected or
constructed so as to not be impaired or contaminated during times of
flooding in accordance with Section 826.87, subd. 3 of this ordinance.
Section 826.91. Administration.
Subd. 1. Zoning Administrator. A zoning administrator or other official designated by the
city council shall administer and enforce this ordinance. If the zoning administrator finds
a violation of the provisions of this ordinance the zoning administrator shall notify the
person responsible for such violation in accordance with the procedures stated in Section
826.95 of the ordinance.
Subd. 2. Permit Requirements.
(a) Permit Required. A Permit issued by the zoning administrator in conformity with the
provisions of this ordinance shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or
alteration of any building, structure, or portion thereof; prior to the use or change
of use of a building, structure, or land; prior to the construction of a dam, fence, or
on-site septic system; prior to the change or extension of a nonconforming use;
prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source; and prior to the placement of fill, excavation of materials, or the
storage of materials or equipment within the flood plain.
(b) Application for Permit. Application for a permit shall be made in duplicate to the
zoning administrator on forms furnished by the zoning administrator and shall
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include the following where applicable: plans in duplicate drawn to scale,
showing the nature, location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of the foregoing
in relation to the stream channel.
(c) State and Federal Permits. Prior to granting a permit or processing an application for
a conditional use permit or variance, the zoning administrator shall determine that
the applicant has obtained all necessary state and federal permits.
(d) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It
shall be unlawful to use, occupy, or permit the use or occupancy of any building
or premises or part thereof hereafter created, erected, changed, converted, altered,
or enlarged in its use or structure until a certificate of zoning compliance shall
have been issued by the zoning administrator stating that the use of the building or
land conforms to the requirements of this ordinance.
(e) Construction and Use to be as Provided on Applications, Plans, Permits, Variances
and Certificates of Zoning Compliance. Permits, conditional use permits, or
certificates of zoning compliance issued on the basis of approved plans and
applications authorize only the use, arrangement, and construction set forth in
such approved plans and applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this ordinance, and punishable as
provided by Section 826.95 of this ordinance.
(f) Certification. The applicant shall be required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this ordinance. Flood proofing measures shall be certified by a
registered professional engineer or registered architect.
(g) Record of First Floor Elevation. The zoning administrator shall maintain a record of
the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the flood plain. The zoning
administrator shall also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
(h) Notifications for Watercourse Alterations. The zoning administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the city authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit to work in
the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall
suffice as adequate notice to the Commissioner of Natural Resources. A copy of
said notification shall also be submitted to the Chicago Regional Office of the
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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.
Subd. 3. Board of Adjustment.
(a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Boards by State law.
(b) Administrative Review. The Board of Adjustment shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or
administration of this ordinance.
(c) Variances. The Board of Adjustment may authorize upon appeal in specific cases
such relief or variance from the terms of this ordinance as will not be contrary to
the public interest and only for those circumstances such as hardship, practical
difficulties or circumstances unique to the property under consideration, as
provided for in the respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of such variance, the Board of
Adjustment shall clearly identify in writing the specific conditions that existed
consistent with the criteria specified in this ordinance, any other zoning
regulations in the city, and in the respective enabling legislation that justified the
granting of the variance. No variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area, or permit
standards lower than those required by state law. The following additional
variance criteria of the Federal Emergency Management Agency must be
satisfied:
(1) Variances shall not be issued by a city within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(2) Variances shall only be issued by a city upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
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(3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of
the zoning administrator, or an application for a variance, the Board of
Adjustment shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board of Adjustment shall submit by
mail to the Commissioner of Natural Resources a copy of the application for
proposed variances sufficiently in advance so that the Commissioner will receive
at least ten days notice of the hearing.
(e) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or
variance within 60 days. In passing upon an appeal, the Board of Adjustment
may, so long as such action is in conformity with the provisions of this ordinance,
reverse or affirm, wholly or in part, or modify the order, requirement, decision or
determination of the zoning administrator or other public official. It shall make
its decision in writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance the Board of Adjustment may prescribe
appropriate conditions and safeguards such as those specified in Section 826.91,
subd. 4 (f), which are in conformity with the purposes of this ordinance.
Violations of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this ordinance
punishable under Section 826.95. A copy of all decisions granting variances shall
be forwarded by mail to the Commissioner of Natural Resources within ten days
of such action.
(f) Appeals. Appeals from any decision of the Board of Adjustment may be made, and
as specified in the city's official controls and also by Minnesota Statutes.
(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
justification for their issuance, and report such variances issued in its annual or
biennial report submitted to the Administrator of the National Flood Insurance
Program.
Subd. 4. Conditional Uses. The planning commission and city council shall hear and
decide applications for conditional uses permissible under this ordinance. Applications
shall be submitted to the zoning administrator who shall forward the application to the
planning commission and city council for consideration.
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(a) Hearings. Upon filing with the zoning administrator an application for a conditional
use permit, the zoning administrator shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed conditional use
sufficiently in advance so that the Commissioner will receive at least ten days
notice of the hearing.
(b) Decisions. The planning commission and city council shall arrive at a decision on a
conditional use within 60 days. In granting a conditional use permit the planning
commission and city council shall prescribe appropriate conditions and
safeguards, in addition to those specified in Section 826.91, subd. (4) (f) which
are in conformity with the purposes of this ordinance. Violations of such
conditions and safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of this ordinance
punishable under Section 826.95. A copy of all decisions granting conditional use
permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
(c) Procedures to be followed by the planning commission and city council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
(1) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the zoning administrator for
determining the suitability of the particular site for the proposed use:
(aa) Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed structures,
fill, storage of materials, flood proofing measures, and the
relationship of the above to the location of the stream channel; and
(bb) Specifications for building construction and materials, flood proofing,
filling, dredging, grading, channel improvement, storage of
materials, water supply and sanitary facilities.
(2) Transmit one copy of the information described in subsection (1) above to a
designated engineer or other expert person or agency for technical assistance,
where necessary, in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the
adequacy of the plans for protection, and other technical matters.
(3) Based upon the technical evaluation of the designated engineer or expert, the
planning commission and city council shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use in relation
to the flood hazard.
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(d) Factors upon which the decision of the city council shall be based. In passing upon
conditional use applications, the city council and planning commission shall
consider all relevant factors specified in other sections of this ordinance, and:
(1) The danger to life and property due to increased flood heights or velocities
caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic
structures.
(3) The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the
community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed
use.
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood
plain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site.
(12) Such other factors which are relevant to the purposes of this ordinance.
(e) Time for Acting on Application. The city council shall act on an application in the
manner described above within 60 days from receiving the application, except
that where additional information is required pursuant to Section 826.91, subd. 4
(d) of this ordinance. The city council shall render a written decision within 30
days from the receipt of such additional information.
(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.
Ordinance No. ### 25
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(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(5) Flood proofing measures, in accordance with the State Building Code and this
ordinance. The applicant shall submit a plan or document certified by a
registered professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area.
Section 826.92. Nonconforming Uses.
Subd. 1. A structure or the use of a structure or premises which was lawful before the
passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions.
Historic structures, as defined in Section 826.77, subd. 8 (u) (2) of this ordinance, shall be
subject to the provisions of Subsections (a) – (e) of Section 826.92, subd. 1. of this
ordinance.
(a) No such use shall be expanded, changed, enlarged, or altered in a way that increases
its nonconformity.
(b) Any structural alteration or addition to a nonconforming structure or nonconforming
use which would result in increasing the flood damage potential of that structure
or use shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-
1 thru FP-4 floodproofing classifications) allowable in the State Building Code,
except as further restricted in (c) and (f) below.
(c) The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50 percent of the market value of the
structure unless the conditions of this Section are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the city's
initial flood plain controls must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed alterations
and additions exceeds 50 percent of the current market value of the structure, then
the structure must meet the standards of Section 826.80 or 826.83 of this
ordinance for new structures depending upon whether the structure is in the
Floodway or Flood Fringe District, respectively.
(d) If any nonconforming use is discontinued for 12 consecutive months, any future use
of the building premises shall conform to this ordinance. The assessor shall notify
the zoning administrator in writing of instances of nonconforming uses that have
been discontinued for a period of 12 months.
Ordinance No. ### 26
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(e) If any nonconforming use or structure is substantially damaged, as defined in Section
826.77, subd. 8 (t) of this ordinance, it shall not be reconstructed except in conformity
with the provisions of this ordinance. The applicable provisions for establishing new
uses or new structures in Sections 826.80, 826.83, and 826.84 will apply depending upon
whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain
District, respectively.
(f) If a substantial improvement occurs, as defined in Section 826.77, subd. 8 (4) of this
ordinance, from any combination of a building addition to the outside dimensions
of the existing building or a rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming building,
then the building addition (as required by Subsection (b) above) and the existing
nonconforming building must meet the requirements of Section 826.80 or 826.83
of this ordinance for new structures, depending upon whether the structure is in
the Floodway or Flood Fringe District, respectively.
Section 826.95. Penalties for Violation.
Subd. 1. Violation of the provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful
action as is necessary to prevent or remedy any violation. Such actions may include but
are not limited to:
(a) In responding to a suspected ordinance violation, the zoning administrator and city
council may utilize the full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after-the-fact permits, orders
for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The city must act in
good faith to enforce these official controls and to correct ordinance violations to
the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
(b) When an ordinance violation is either discovered by or brought to the attention of the
zoning administrator, the zoning administrator shall immediately investigate the
situation and document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information will be submitted to
the appropriate Department of Natural Resources' and Federal Emergency
Management Agency regional office along with the city's plan of action to correct
the violation to the degree possible.
(c) The zoning administrator shall notify the suspected party of the requirements of this
Ordinance No. ### 27
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ordinance and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is under construction or
development, the zoning administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the
construction or development is already completed, then the zoning administrator
may either: (1) issue an order identifying the corrective actions that must be made
within a specified time period to bring the use or structure into compliance with
the official controls; or (2) notify the responsible party to apply for an after-the-
fact permit/development approval within a specified period of time not to exceed
30-days.
(d) If the responsible party does not appropriately respond to the zoning administrator
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this ordinance and shall be prosecuted accordingly. The
zoning administrator shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition which existed prior to the
violation of this ordinance.
Section 826.97. Amendments. The flood plain designation on the official zoning map shall not
be removed from flood plain areas unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation of the regulatory flood protection elevation and
is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted
by the Commissioner of Natural Resources if he determines that, through other measures, lands
are adequately protected for the intended use.
All amendments to this ordinance, including amendments to the official zoning map, must be
submitted to and approved by the commissioner of natural resources prior to adoption. Changes
in the official zoning map must meet the Federal Emergency Management Agency's (FEMA)
technical conditions and criteria and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10-days written notice of all hearings to
consider an amendment to this ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
Ordinance No. ### 28
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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
Ordinance No. ### 29
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attachments to the map as being located within the boundaries of the Floodway,
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
Ordinance No. ### 30
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from reliance on this ordinance or any administrative decision lawfully made
hereunder.
(h) 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.
(i) 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
Ordinance No. ### 31
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flood flows, such as chain link fences and rigid walls, are regulated as
structures under this ordinance.
(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.
Ordinance No. ### 32
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(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
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
Ordinance No. ### 33
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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
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:
(i) 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.
Ordinance No. ### 34
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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
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.
Ordinance No. ### 35
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(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.
(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.
# Storage yards for equipment, machinery, or materials.
(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.
# Travel-ready recreational vehicles meeting the exception standards in
Subd. 9.
(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.
Ordinance No. ### 36
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# Temporary placement of fill, other materials, or equipment which
would cause an increase to the stage of the 1% percent chance or
regional flood may only be allowed if the City Council has
approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
# Accessory Structures. Accessory structures, as identified in Subd.
4(c)(1) may be permitted, provided that:
(i) structures are not intended for human habitation;
(ii) structures will have a low flood damage potential;
(iii) structures will be constructed an placed so as to offer a minimal
obstruction to the flow of flood waters;
(iv) Service utilities, such as electrical and heating equipment, within these
structures must be elevated to or above the regulatory flood protection
elevation or properly floodproofed;
(v) Structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the
State Building Code. All floodproofed structures must be adequately
anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls.
(vi) As an alternative, an accessory structure may be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State
Building Code, provided the accessory structure constitutes a minimal
investment and does not exceed 576 square feet in size. 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) Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters are subject to the
provisions of Minnesota Statutes, Section 103G.245.
(4) A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
Ordinance No. ### 37
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(5) Floodway developments must not adversely affect the hydraulic capacity
of the channel and adjoining floodplain of any tributary watercourse or
drainage system.
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.
(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
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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
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.
# Manufactured homes and recreational vehicles must meet the standards
of Subd. 9 of this ordinance.
(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.
# Any structure that is not elevated on fill or floodproofed in accordance
with Subd. 5(b)(1) and Subd. 5(b)(2) 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.
# (OPTIONAL) The use of methods to elevate structures above the
regulatory flood protection elevation, including stilts, pilings, parallel
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walls, or above-grade, enclosed areas such as crawl spaces or tuck under
garages, shall meet the standards in Section 5.46.
(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.
# Basements, as defined by Subd. 2(i) of this ordinance, are subject to the
following:
i. Residential basement construction is not allowed below the
regulatory flood protection elevation.
ii. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry floodproofed in accordance with Section 5.43 of this
ordinance.
# All areas of nonresidential structures, including basements, to be placed
below the regulatory flood protection elevation must be floodproofed in
accordance with the structurally dry floodproofing classifications in the
State Building Code. Structurally dry floodproofing must meet the FP1 or
FP2 floodproofing classification in the State Building Code, which
requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(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.
# (OPTIONAL) Alternative elevation methods other than the use of fill may
be utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. The base or floor of an enclosed area shall be
considered above-grade and not a structure’s basement or lowest floor if:
1) the enclosed area is above-grade on at least one side of the structure; 2)
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it is designed to internally flood and is constructed with flood resistant
materials; and 3) it is used solely for parking of vehicles, building access
or storage. The above-noted alternative elevation methods are subject to
the following additional standards:
i. Design and Certification - The structure’s design and as-built
condition must be certified by a registered professional engineer as
being in compliance with the general design standards of the State
Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from
entering or accumulating within these components during times of
flooding.
ii. Specific Standards for Above-grade, Enclosed Areas - Above-
grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design plans
must stipulate:
1. The minimum area of openings in the walls where internal
flooding is to be used as a floodproofing 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 of
enclosed area subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would suffice.
The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any form of
human intervention; and
2. That the enclosed area will be designed of flood resistant materials
in accordance with the FP3 or FP4 classifications in the State
Building Code and shall be used solely for building access,
parking of vehicles or storage.
Subd. 6. General Floodplain District (GF)
(a) Permitted Uses:
(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
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(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
# In general: Recognizing that flood prone areas may exist outside of the
designated floodplain districts, the requirements of this section apply to all land
within the City.
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.
(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.
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(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.
(f) 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.
These transportation facilities must be elevated to the regulatory flood protection
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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.
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(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:
(i) 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. ### 45
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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:
(i) 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;
Ordinance No. ### 46
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(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.
Ordinance No. ### 47
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(iii) Imposition of operational controls, sureties, and deed restrictions.
(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., FP1 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.
Ordinance No. ### 48
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(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
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.
Ordinance No. ### 49
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(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
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 ___ day of ____, 2016.
______________________________
Bob Mitchell, Mayor
Attest:
___________________________________
Jodi M. Gallup, City Clerk
Published in the Crow River News on the ___day of ______, 2016.
Minnesota Sample Floodplain Ordinance
Three District Ordinance
This sample ordinance includes the three primary types of floodplain districts: Floodway, Flood
Fringe, and General Floodplain. It can be used in a variety of situations, where all three
districts or only some of them are present.
Contents
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE ....................................................... 2
SECTION 2.0 GENERAL PROVISIONS ........................................................................................................................... 2
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS ............................................................................................... 7
SECTION 4.0 FLOODWAY DISTRICT (FW) .................................................................................................................... 7
SECTION 5.0 FLOOD FRINGE DISTRICT (FF) ................................................................................................................ 9
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) ................................................................................................. 12
SECTION 7.0 LAND DEVELOPMENT STANDARDS ..................................................................................................... 13
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES ........................................................................ 14
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. ........... 14
SECTION 10.0 ADMINISTRATION .............................................................................................................................. 15
SECTION 11.0 NONCONFORMITIES ........................................................................................................................... 19
SECTION 12.0 PENALTIES AND ENFORCEMENT ........................................................................................................ 20
SECTION 13.0 AMENDMENTS ................................................................................................................................... 20
Ordinance Language Commentary
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes
Chapter 103F and Chapter [394/462] delegated the responsibility to local government units to
adopt regulations designed to minimize flood losses. Therefore, the (City Council/ Board of
Commissioners) of (community), Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of (community).
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.
1.22 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.
1.23 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.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to
(community) and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain
maps, the standards in Sections 4 or 5 will apply, depending on the location of a
property.
2.12 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 Section
4 apply unless the floodway boundary is determined, according to the process
outlined in Section 6. Once the floodway boundary is determined, the Flood
Fringe District standards in Section 5 may apply outside the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of (Community) shown on the Official Zoning Map and/or the attachments to
the map as being located within the boundaries of the Floodway, Flood Fringe, or
General Floodplain Districts.
2.21 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.
2.3 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
______________ County, Minnesota, and Incorporated Areas, dated _____________
and the Flood Insurance Rate Map panels enumerated below, dated _______________,
1.1. is mandatory language. The zoning
enabling statute reference is Chapter 394
for counties and Chapter 462 for cities and
townships.
“Governing body” is the City Council or
County or Township Board.
1.21 7 1.22 is mandatory language
1.23 is optional language referencing the
natural beneficial functions of floodplains.
The types of floodplain zones present in a
community will vary, depending on
hydrologic conditions and the level of detail
of the applicable maps.
If the General Floodplain District (the A
zone or other zones without a defined
floodway) is not present within the
community, references to it, including the
provisions of Section 6, may be deleted but
Section 6 should be “reserved for future
use” (i.e., in case a future annexation adds
an A zone).
2.21 is optional – if the community has a
zoning ordinance – as most do – it’s helpful
to define these districts as overlay districts.
If not, then delete this statement and other
overlay references.
2.3 is mandatory language. Each
community must adopt the Flood Insurance
Study and specific map panels that
encompass its boundaries. Under
Minnesota Rules 6120.5700, these
all prepared by the Federal Emergency Management Agency. These materials are on file
in the (list location where maps will be filed – i.e., City Clerk’s office).
(list all map panels here)
2.4 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.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling
distances on the Flood Insurance Rate Map.
2.51 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.
2.52 Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the (Planning Commission/Board
of Adjustment) and to submit technical evidence.
2.6 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.
2.7 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
(community) or its officers or employees for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made hereunder.
materials are considered attachments to
the Zoning Map.
Listing of maps will vary by jurisdiction and
map type.
• For communities with older maps,
such as Flood Hazard Boundary Maps,
in addition to Flood Insurance Rate
Maps, these maps should also be
listed in Section 2.3.
• For counties, the map index may be
used in lieu of listing all the map
panels individually.
Cities may need to adopt other map panels
to encompass areas that may be annexed
in the future. Counties and townships may
need to adopt city map panels to
encompass areas that may be detached
from cities. See Section 2.10 & 2.11
Communities may also adopt preliminary
flood studies and/or other best available
data for regulatory purposes.
2.4 is optional - Reiterates information in
the (mandatory) definition of this term in
Section 2.9. The RFPE can be increased
beyond one foot to provide enhanced flood
protection.
(In A-O zones, add more detailed language:
“Within the AO Zone, the RFPE is an
elevation no lower than [the number shown
on the FIRM] above the highest adjacent
grade of an existing structure or proposed
structure or a proposed structural
addition.”)
2.8 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.
2.9 Definitions: 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.
2.911 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.
2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base
flood elevation” is used in the flood insurance survey.
2.913 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.
2.914 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:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan if
one exists and are compatible with the existing neighborhood.
2.915 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.
2.916 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.
2.917 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.
2.918 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.
2.919 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.
2.920 Flood Frequency – the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
2.921 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 (community),
Minnesota.
2.922 Flood Prone Area – any land susceptible to being inundated by water from any
source (see “Flood”).
2.8 This statement not needed if already
included in zoning ordinance
These definitions may already exist as part
of zoning ordinance, but check for
consistency. Definitions are mandatory
unless otherwise indicated.
2.912 is an optional definition
2.914 is an optional definition – check
against zoning ordinance. Some local
ordinances – and the state rules that apply
to floodplains – use the older term “special
use.”
2.915 is an optional definition – see the
(optional) regulation of critical facilities in
Section 3.2.
2.918 is an optional definition – to be used
if this type of farm fence is to be exempted
from permit requirements
2.919. Optional definition
2.920. Optional definition
2.921. For cities mapped as part of county-
wide flood insurance study, the county
name should be inserted here.
2.922 is an optional definition – see
provisions of Section 7 on flood prone areas
2.923 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.
2.924 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.
2.925 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.
2.926 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.
2.927 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.”
2.928 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.
2.929 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 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.
2.930 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see
definition).
2.931 Principal Use or Structure – all uses or structures that are not accessory uses or
structures.
2.932 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.
2.933 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.”
2.934 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.
2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one
foot above the elevation of the regional flood plus any increases in flood
2.929. Optional definition
2.931. Optional definition
2.932. Optional definition
2.935. The one-foot elevation is mandated
by state law, but a higher elevation can
yield increased protection.
elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.936 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.
2.937 Special Flood Hazard Area – a term used for flood insurance purposes
synonymous with “One Hundred Year Floodplain.”
2.938 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 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.
2.939 Structure - anything constructed or erected on the ground or attached to the
ground or on-site utilities, including, but not limited to, buildings, factories,
sheds, detached garages, cabins, manufactured homes, recreational vehicles not
meeting the exemption criteria specified in Section 9.22 of this ordinance and
other similar items.
2.940 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.
2.941 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:
(a) 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.
(b) 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.
2.10 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section
2.3 above may include floodplain areas that lie outside of the corporate boundaries of
the (community) at the time of adoption of this ordinance. If any of these floodplain land
2.936. This is an optional definition linked
to the optional provision for repetitive loss
properties in Section 11.16.
2.941(b). “Historic structures” as defined in
the CFR generally include sites listed on or
eligible for the National Register of Historic
Places and state- or locally-designated
historic properties.
2.10 applies to cities only. It is optional but
recommended – if not included, any
areas are annexed into the (community) 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.
2.11 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section
2.3 above will include floodplain areas that lie inside the corporate boundaries of
municipalities at the time of adoption of this ordinance. If any of these floodplain land
areas are detached from a municipality and come under the jurisdiction of (community)
after the date of adoption of this ordinance, the newly detached floodplain lands will be
subject to the provisions of this ordinance immediately upon the date of detachment.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas within Zones
AE/AO/AH (that have a floodway delineated) as shown on the Flood Insurance
Rate Map adopted in Section 2.3.
3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones
AE/AO/AH (that have a floodway delineated) on the Flood Insurance Rate Map
adopted in Section 2.3, but located outside of the floodway.
3.13 General Floodplain District. The General Floodplain District includes those areas
within (Zone A or Zones AE/AO/AH) as shown on the Flood Insurance Rate Map
adopted in Section 2.3.
3.2 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 Sections
4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915,
are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
4.12 Industrial-commercial loading areas, parking areas, and airport landing strips.
4.13 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.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 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.
4.2 Standards for Floodway Permitted Uses:
annexation will trigger an amendment of
the floodplain ordinance.
Section 2.11 applies only to counties or
townships that exercise zoning authority.
Counties may choose to adopt specific map
panels or adopt the countywide map index.
3.11. For lakes, ponds and wetlands, the
floodway is usually administratively defined
as the area at or below the Ordinary High
Water Level.
3.12 & 3.13. If a community has floodplain
delineations on the FIRM for lakes, ponds
and wetland without delineated floodways,
contact DNR Floodplain Program staff for
specific language.
Zones AO and AH are areas prone to
flooding due to overland flow or small
ponds, and are not typically found on most
FIRMs. If not present, references in 3.12
and 3.13 can be deleted.
3.2. The last sentence is optional, but
recommended language that would
prohibit critical facilities in all floodplain
districts. This is a higher regulatory
standard intended to keep critical
infrastructure and concentrations of people
out of floodplain areas.
4.0. It is critical that the floodway be
protected so that it can transport and store
the waters of the regional (100-year) flood
without increased flood heights or
velocities or threats to public health and
safety.
Note that communities are not required to
adopt all of the listed uses, but must
provide for some use of the floodway land.
Other similar uses may be included in this
section if they meet the standards in
Section 4.2. If a community wishes to
restrict all floodplain districts to only these
permitted floodway uses, that could be
carried out through the DNR’s model
“Restrictive Ordinance.”
4.15. Earlier versions of the DNR sample
ordinances listed utility and transportation
uses as conditional uses. In this version,
these uses are permitted if DNR is notified
and certain standards are met
4.21 The use must have a low flood damage potential.
4.22 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.
4.23 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.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 10.4 of this ordinance and further subject
to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning
district or any applicable overlay district.
4.31 Structures accessory to the uses listed in 4.11 – 4.13 above and the uses listed in
4.32 - 4.33 below.
4.32 Extraction and storage of sand, gravel, and other materials.
4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures.
4.34 Storage yards for equipment, machinery, or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences,
as defined in section 2.918, are permitted uses.
4.36 Travel-ready recreational vehicles meeting the exception standards in Section
9.3.
4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event
equal to or less than the 10-year frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 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.
4.42 Fill; Storage of Materials and Equipment:
(a) 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.
(b) 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.
(c) Temporary placement of fill, other materials, or equipment which would
cause an increase to the stage of the 1% percent chance or regional flood may
only be allowed if the (Governing Body) has approved a plan that assures
removal of the materials from the floodway based upon the flood warning
time available.
4.43 Accessory Structures. Accessory structures, as identified in Section 4.31, may be
permitted, provided that:
4.2. Higher standards for floodway
protection could include limiting impervious
coverage in the floodway, in order to
facilitate infiltration of rainfall.
4.3. Note that these conditional uses are
optional for the community but, if allowed,
must meet the standards in Sections 4.4.
Communities are encouraged to select only
those conditional uses that are appropriate
for their community.
4.35. Optional statement in 4.35 allows
typical farm fences such as barbed wire
fences that don’t obstruct flood flows as
permitted uses. See also Section 10.21(c).
4.36 is optional. We recommend treating
recreational vehicles as a conditional use so
that road access and warning systems are
carefully reviewed to ensure public safety in
times of flooding.
4.4. Note that flood control projects
intended to remove areas from the
floodway to allow development of single or
multiple structures are not permitted unless
a Letter of Map Revision (LOMR) can be
obtained to change the floodway boundary.
Contact DNR Floodplain Program staff for
further information.
4.42(a) and (b) must be included if
deposition or storage of fill is allowed in the
floodway
4.42(c) is an optional alternative allowing
temporary storage of fill or other materials
that could increase flood stage, suitable for
locations where adequate flood warning
times will be available to allow removal of
materials.
(a) structures are not intended for human habitation;
(b) structures will have a low flood damage potential;
(c) structures will be constructed an placed so as to offer a minimal obstruction
to the flow of flood waters;
(d) Service utilities, such as electrical and heating equipment, within these
structures must be elevated to or above the regulatory flood protection
elevation or properly floodproofed;
(e) Structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the State Building
Code. All floodproofed structures must be adequately anchored to prevent
flotation, collapse or lateral movement and designed to equalize hydrostatic
flood forces on exterior walls.
(f) As an alternative, an accessory structure may be internally/wet floodproofed
to the FP3 or FP4 floodproofing classifications in the State Building Code,
provided the accessory structure constitutes a minimal investment and does
not exceed 576 square feet in size. Designs for meeting this requirement
must either be certified by a registered professional engineer or meet or
exceed the following criteria:
(1) 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
(2) 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.
4.44 Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters are subject to the provisions of
Minnesota Statutes, Section 103G.245.
4.45 A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage
system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 5.2. If no pre-
existing, underlying zoning districts exist, then any residential or nonresidential structure
or use of a structure or land is a permitted use provided it does not constitute a public
nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 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.
4.43. If accessory structures are to be
allowed in the floodway, items (a) through
(d) are required.
4.43(e) is optional language allowing for
wet floodproofing of small accessory
structures that constitute a minimal
investment.
4.44 is an optional provision providing
notice that work in public waters requires a
DNR permit.
5.1. If underlying zoning district(s) are
present (as in most communities) the
second sentence can be deleted.
5.21. “Lowest floor” is defined as the lowest
floor of the lowest enclosed area, including
basements, crawl spaces, etc. See Section
2.926.
5.22 Accessory Structures. As an alternative to the fill requirements of section 5.21,
structures accessory to the uses identified in Section 5.1 may be permitted to be
internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the
State Building Code, provided that:
(a) the accessory structure constitutes a minimal investment, does not exceed
576 square feet in size, and is only used for parking and storage.
(b) 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
(c) Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(1) 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
(2) 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.
5.23 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 Section 5.21 of this ordinance, or if allowed as a conditional use
under Section 5.33 below.
5.24 The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
5.25 All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
5.26 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.
5.27 All fill must be properly compacted and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
5.28 All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must
have a flood warning /emergency evacuation plan acceptable to the (Governing
Body).
5.29 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.
5.30 Interference with normal manufacturing/industrial plant operations must be
minimized, especially along streams having protracted flood durations. In
5.22(a). A special note that the bulk
standards here slightly exceed those
allowed through 6120.330(Subp 3)(H) of
the Shoreland Rules.
5.22(b). If an accessory structure exceeds
576 square feet, then FEMA will not allow
internal floodproofing, and the structure
must be elevated on fill in accordance to
5.21 or dry floodproofed in accordance with
5.43.
5.23 is an optional provision. Treating large
volumes of fill as a conditional use allows
communities to require an erosion control
and emergency removal plan for uses such
as sand and gravel mining or dredge spoil
storage.
5.28 is optional, but is mandatory for
subdivisions, including manufactured home
parks and recreational vehicle
parks/campgrounds. See also Section 7.13.
considering permit applications, due consideration must be given to the needs of
industries with operations that require a floodplain location.
5.31 Manufactured homes and recreational vehicles must meet the standards of
Section 9 of this ordinance.
5.3 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 Section 10.4 of this ordinance.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with
Sections 5.21 and 5.22 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection
elevation.
5.33 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 Section 5.21 of this
ordinance.
5.34 (OPTIONAL) The use of methods to elevate structures above the regulatory
flood protection elevation, including stilts, pilings, parallel walls, or above-grade,
enclosed areas such as crawl spaces or tuck under garages, shall meet the
standards in Section 5.46.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the
following:
(a) Residential basement construction is not allowed below the regulatory flood
protection elevation.
(b) Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry floodproofed
in accordance with Section 5.43 of this ordinance.
5.43 All areas of nonresidential structures, including basements, to be placed below
the regulatory flood protection elevation must be floodproofed in accordance
with the structurally dry floodproofing classifications in the State Building Code.
Structurally dry floodproofing must meet the FP1 or FP2 floodproofing
classification in the State Building Code, which requires making the structure
watertight with the walls substantially impermeable to the passage of water and
with structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
5.44 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.
(a) 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.
(b) The plan must be prepared and certified by a registered professional engineer
or other qualified individual acceptable to the (Governing Body).
(c) The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
5.3. As with conditional uses in the
floodway, conditional uses in the flood
fringe are optional – communities should
determine which of these uses are needed
and appropriate in their floodplain areas.
5.34. The DNR refers to these as
“alternative elevation methods”, meaning
it is an alternative to fill. This is designated
optional because they are burdensome to
administer – typically requiring
nonconversion agreements and detailed
monitoring and inspections. See 5.46.
5.44. Optional provisions to be used if
placement of this amount of fill is regulated
as a conditional use.
5.45 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.
5.46 (OPTIONAL) Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. The base or floor of an enclosed area shall be considered
above-grade and not a structure’s basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the structure; 2) it is designed to
internally flood and is constructed with flood resistant materials; and 3) it is used
solely for parking of vehicles, building access or storage. The above-noted
alternative elevation methods are subject to the following additional standards:
(a) Design and Certification - The structure’s design and as-built condition must
be certified by a registered professional engineer as being in compliance with
the general design standards of the State Building Code and, specifically, that
all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
(b) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed
to internally flood and the design plans must stipulate:
(1) The minimum area of openings in the walls where internal flooding is to
be used as a floodproofing 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 of enclosed area subject to flooding unless a
registered professional engineer or architect certifies that a smaller net
area would suffice. The automatic openings may be equipped with
screens, louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any form of
human intervention; and
(2) That the enclosed area will be designed of flood resistant materials in
accordance with the FP3 or FP4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses,
are permitted uses.
6.12 All other uses are subject to the floodway/flood fringe evaluation criteria
specified in Section 6.2 below. Section 4.0 applies if the proposed use is
determined to be in the Floodway District. Section 5.0 applies if the proposed use
is determined to be in the Flood Fringe District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 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.
6.22 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
5.46. Standard tied to the optional 5.34.
The DNR refers to these as “alternative
elevation methods”, meaning it is an
alternative to fill. This is designated
optional because they are burdensome to
administer – typically requiring
nonconversion agreements and detailed
monitoring and inspections.
6.1. If the General Floodplain District (the A
zone, or the AE, AO or AH zones without a
defined floodway) is not present within the
community, delete the contents of this
section and retitle it “Reserved for Future
Use” (i.e., in case a future annexation or
map update would add an A zone).
6.2. State and federal rules establish
standards for this determination but do not
specify a procedure to be followed.
(However, the community is required under
44 CFR 60.3(b)(4) to “obtain, review and
reasonably utilize” base flood elevation and
floodway data.) The procedure shown here
is one that DNR suggests that communities
follow. DNR Floodplain Program staff can
assist communities in obtaining relevant
data and completing the determination.
within the Floodway or Flood Fringe District. Information must be consistent with
accepted hydrological and hydraulic engineering standards and the standards in
6.23 below.
6.23 The determination of floodway and flood fringe must include the following
components, as applicable:
(a) Estimate the peak discharge of the regional (1% chance) flood.
(b) Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
(c) 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.
6.24 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.
6.25 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 Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within (community).
7.2 Subdivisions: 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.
7.21 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.
7.22 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 (Governing Body). 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.
7.23 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.
7.24 In the General Floodplain District, applicants must provide the information
required in Section 6.2 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.
6.24. Federal rules require that
communities assess the cumulative effects
of floodway encroachments on both sides
of a stream. Contact Floodplain Program
staff for assistance in making this
assessment.
7.1 is optional – this and related provisions
in 7.25 and 7.3 are designed to enable
communities to manage flood risks in
unmapped but flood-prone areas (i.e.,
wetlands, ditches, isolated basins). If these
standards are not needed, Section 7 can be
retitled “Subdivisions.”
7.21 – 7.24 is mandatory. These provisions
can be integrated into a city or county
subdivision ordinance, where one exists.
Note that manufactured home and
recreational vehicle parks are treated as
subdivisions.
7.25 If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
(b) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage,
and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 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:
(a) 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;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage; and
(d) 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.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1 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.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. 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.
8.3 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.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL
VEHICLES.
9.1 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, the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the
Floodway District.
7.25 is optional, to be used in conjunction
with 7.1.
7.3 is optional, to be used in conjunction
with 7.1.
8.3. MPCA oversees the Rules regulating
septic systems (7080.2270) and wells
(4725.4350), which regulate location and
design in relation to floodplains.
9.1. This subsection is mandatory; the
remainder of Section 9.0 is optional but
recommended if manufactured home parks
are located in any floodplain districts.
9.12 If allowed in the Flood Fringe District, placement or replacement of
manufactured home units is subject to the requirements of Section 5 of this
ordinance and the following standards.
(a) New and replacement manufactured homes must be elevated in compliance
with Section 5 of this ordinance and must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse and
lateral movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting wind
forces.
(b) New or replacement manufactured homes in existing manufactured home
parks must meet the vehicular access requirements for subdivisions in Section
7.22.
9.2 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 in existing recreational vehicle parks or
campgrounds in the floodplain must meet the exemption criteria below or be treated as
new structures meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal
jacking system, attached to the site only by quick disconnect type utilities
commonly used in campgrounds and recreational vehicle parks.
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre-existing,
underlying zoning district.
(e) Accessory structures are not permitted within the Floodway District. Any
accessory structure in the Flood Fringe District must be constructed of flood-
resistant materials and be securely anchored, meeting the requirements
applicable to manufactured homes in Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an
accessory structure such as a garage or storage building. The recreational vehicle
and all accessory structures will then be treated as new structures subject to the
elevation and floodproofing requirements of Section 5.0 of this ordinance. No
development or improvement on the parcel or attachment to the recreational
vehicle is allowed that would hinder the removal of the vehicle should flooding
occur.
SECTION 10.0 ADMINISTRATION
9.2 has recently been revised to recognize
MN Department of Health rules (Section
4630.0200), which prohibit mobile home
parks and recreational camping areas in
flood-prone areas. Placement or
replacement of manufactured home units
may be allowed in existing manufactured
home parks or on lots of record.
9.21 – 9.23. These exemption criteria are
required if recreational vehicles are allowed
within any floodplain district. If this section
is not used, recreational vehicle placement
must be explicitly prohibited in floodplain
districts.
9.22(e) is optional. Recreational vehicles in
existing campgrounds may be allowed
within the Floodway District, if defined as a
permitted or conditional use, but we
recommend they be treated as a temporary
use, without accessory structures and with
an emergency plan in place.
9.22 (f) and 9.23 are optional.
Communities may apply a monetary limit
such as $500 as a threshold for a “minimal
investment,” recognizing that this threshold
will vary from place to place.
10.0. Many of the standards and
procedures in this section are likely to exist
in other parts of the community’s zoning
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the
(Governing Body) must administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning Administrator
prior to conducting the following activities:
(a) 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.
(b) The use or change of use of a building, structure, or land.
(c) 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.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or
any other source.
(f) The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
(g) Relocation or alteration of a watercourse (including new or replacement
culverts and bridges), unless a public waters work permit has been applied
for.
(h) Any other type of “development” as defined in this ordinance.
10.22 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:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or
approvals.
(d) Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
10.23 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.
10.24 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.
10.25 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
ordinance, and may be cross-referenced
rather than repeated here. However, the
community must be able to demonstrate
that these procedures or comparable ones
are in place.
The term “Zoning Administrator” is used
throughout this section for ease of
reference, but in some communities the
City Clerk or other official may fill this role.
10.21(c). The exemption for farm fences in
(c) is optional.
10.21(g). Any change in the course, current
or cross-section of public waters requires a
public waters work permit from the DNR
under MN Stat. 103G.245.
10.22. This section may cross-reference any
other permitting requirements in the zoning
ordinance.
Administrator must also maintain a record of the elevation to which structures
and alterations or additions to structures are floodproofed.
10.26 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).
10.27 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 Administrator must
notify the Chicago Regional Office of FEMA of the changes by submitting a copy
of the relevant technical or scientific data.
10.3 Variances:
10.31 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(s) _________________ of the zoning ordinance/code.
10.32 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.
10.33 Additional Variance Criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
(a) 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.
(b) 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.
(c) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
10.34 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.
10.35 General Considerations. The community may consider the following factors in
granting variances and imposing conditions on variances and conditional uses in
floodplains:
(a) The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to
the injury of others;
10.31 should cross-reference all sections of
the zoning ordinance that regulate
processing and review of variance
applications. 10.3 only contains DNR/FEMA
– mandated regulatory & notification
provisions.
Communities that administer zoning
ordinances (including floodplain
ordinances) must establish a board of
adjustment to hear appeals and variance
requests. In many communities, the city
council, county board, or planning
commission serves as the board of
adjustment. If a community does not have
existing variance procedures or a board of
adjustment, contact Floodplain Program
staff for sample ordinance language.
10.33 (a-c) is language required by FEMA
and must be adopted verbatim. Note
specifically that the reference to
“exceptional hardship” in (b)(ii) must
remain in the ordinance, even though it has
been replaced by the term “practical
difficulties” in state zoning enabling
statutes.
10.34 is required by FEMA.
Section 10.35 is optional but recommended
as guidance for communities in reviewing
variance applications. The same factors are
recommended for review of conditional use
applications, below.
(c) 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;
(d) The susceptibility of any proposed use and its contents to flood damage and
the effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the
community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are
not subject to flooding;
(h) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Land Use Plan
and flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport
of the flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR).
The (designated body/community official) 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.
10.37 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.
10.38 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.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the
provisions of this ordinance will be processed and reviewed in accordance with
Section(s) ______________ of the zoning ordinance/code.
10.42 Factors Used in Decision-Making. In passing upon conditional use applications,
the (Governing Body) must consider all relevant factors specified in other
sections of this ordinance, and those factors identified in Section 10.35 of this
ordinance.
10.43 Conditions Attached to Conditional Use Permits. The (Governing Body) 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:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
10.41 should cross-reference any
conditional use procedures in the zoning
ordinance, if these exist. If not, contact
Floodplain Program staff for administrative
language.
Section 10.42 is optional but recommended
as guidance for decisions on conditional
uses (and variances, as noted above).
10.43 is also optional; conditions are
intended to be specific to the particular site
and proposed use.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
(e) 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.
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
(designated body/community official) 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.
10.45 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.
SECTION 11.0 NONCONFORMITIES
11.1 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 Section 2.941(b) of this ordinance, are
subject to the provisions of Sections 11.11 – 11.16 of this ordinance.
11.11 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 11.12 below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 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., FP1 thru FP4
floodproofing classifications) allowable in the State Building Code, except as
further restricted in 11.13 and 11.17 below.
11.13 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 Section 4.0 or 5.0 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.
11.14 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 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.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.940 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
11.11. Buildings and structures within the
Floodway District may not be enlarged or
expanded. In some cases, a floodway area
can be filled without causing any rise in
flood stage. In such cases, a Letter of Map
Revision may be obtained that changes the
floodway boundary, placing the area in the
Flood Fringe. Contact Floodplain Program
staff for details.
11.13. The language presented is
recommended, in order to gradually
eliminate nonconformities over time.
Federal standards require that substantial
improvement, is tracked over a one-year
period.
Section 11.14 reflects an optional provision
in statute (462.357(Subd 1e)(1) and 394.36)
– local government may impose reasonable
conditions on the nonconforming use or
structure. Many communities have adopted
similar provisions in their zoning
ordinances.
Section 11.15 is specific to floodplain uses
in state and federal statute, as distinct from
structures in Sections 4.0 or 5.0 will apply depending upon whether the use or
structure is in the Floodway or Flood Fringe, respectively.
11.16 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.
11.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions
must meet the requirements of Section 4.0 or 5.0 of this ordinance for new
structures, depending upon whether the structure is in the Floodway or Flood
Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 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.
12.2 Other Lawful Action: Nothing in this ordinance restricts the (community) 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.
12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section(s)_________________of the
zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning
Administrator and (Governing Body) 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 (community)
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.
SECTION 13.0 AMENDMENTS
13.1 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.
13.2 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.
13.3 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 Section 2.3 of this ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and
approval and publication, as required by law and/or charter.
the standard provisions for nonconformities
in the Chapters 394 and 462.
Section 11.16 is optional but recommended,
in order to gradually eliminate
nonconformities that are frequently
damaged but not to the “50%” level.
11.17 is a mandatory federal requirement.
As defined, “substantial improvement” is
monitored over a one-year period.
12.3. Cross-reference any sections of the
zoning ordinance that deal with
enforcement procedures. If such provisions
don’t exist, contact Floodplain Program
staff for sample language.
Adopted by the ________________ Board/City Council
(Community Name)
This _____ of _______, _____
(Day) (Month) (Year)
Attest: _________________________ , County Board
Chairperson/Mayor
(Name of Elected Official)
Attest: __________________________, County
Administrator/City Clerk
(Name of Community Official)
Stamp With Community Seal:
Orono
Corcoran
Loretto
Plymouth
Independence
Independence
Greenfield
Maple Plain
Maple Grove
Medina
LEGEND
City Boundaries
Medina Parcels
Floodplain Decrease
No Change
Floodplain Increase
N
01
Miles
CITY OF MEDINA 100-YEAR FLOODPLAIN
BOUNDARY CHANGES SINCE 2004 FLOOD
INSURANCE STUDY
June 8, 2016
SUMMARY:
Total Number of Parcels: 2,977
Occupied Parcels with Floodplain: 524
Existing Flood Insurance Policies: 15
Ellis and Nancy Olkon Page 1 of 5 September 13, 2016
Lot Size Variance Planning Commission Meeting
MEMORANDUM
TO: Planning Commission
FROM: Dusty Finke, City Planner
DATE: September 8, 2016
MEETING: September 13, 2016 Planning Commission
SUBJ: Ellis and Nancy Olkon – Lot Size Variance – 2362 Willow Drive
Review Deadline
120-day Review Deadline (variance): December 6, 2016
Overview of Request
Ellis and Nancy Olkon have requested a lot size variance to allow the subdivision of their
approximately 21 acre parcel into two parcels.
The applicant would also need to request a preliminary plat in order to carry through with the
subdivision. There are a number of technical matters which are not completed yet for their
subdivision application which will require additional costs in order to carry through. Since the
subdivision is contingent upon the variance, staff thought it would be worthwhile to consider the
variance before the applicant accrues extra costs to complete the subdivision request.
The subject property is located at the northeast corner of Willow Drive and County Road 24.
The property is zoned Rural Residential (RR) and is guided Rural Residential in the
Comprehensive Plan. Surrounding properties are all Rural Residential as well. The property
contains a home and three outbuildings on the northern portion of the property on the top of the
hill.
The property slopes steeply from the north to the south, where the southern half of the property
includes a wetland. A grove of trees is located along a drainage way in the north central portion
of the property and most of the remaining property is pastured.
An aerial of the subject site can be found at the top of the following page.
Analysis
As noted above, the property is zoned Rural Residential (RR). The following table summarizes
the dimensional standards of the district and the proposed lots.
Required Proposed Lot 1 Proposed Lot 2
Minimum Lot Area
(suitable soils)
5 acre contiguous
suitable soils
1.3 acre suitable 1.5 acre suitable
Gross Lot Area N/A 10.49 acres 10.49 acres
Minimum Lot Width 300 feet 250 feet 395 feet
Minimum Lot Depth 200 feet 1135 feet 1135 feet
Ellis and Nancy Olkon Page 2 of 5 September 13, 2016
Lot Size Variance Planning Commission Meeting
The applicant has requested a variance to reduce the minimum lot size of the proposed lot from 5
acres of contiguous suitable soils on both lots to 1.3 acres and 1.5 acres, respectively. The 5-acre
suitable soil requirement is referenced in both the Subdivision and Zoning ordinances. Each of
these ordinances include a separate set of criteria by which a variance request is reviewed.
Section 825.45, Subd. 2 establishes criteria by which the City reviews zoning variance requests:
(a) A variance shall only be granted when it is in harmony with the general purposes and intent
of the ordinance.
(b) A variance shall only be granted when it is consistent with the comprehensive plan.
(c) A variance may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the zoning ordinance. Economic considerations
alone do not constitute a practical difficulty. In order for a practical difficult to be
established, all of the following criteria shall be met:
(1) The property owner proposes to use the property in a reasonable manner. In determining
if the property owner proposes to use the property in a reasonable manner, the board
Proposed Lot 1
Proposed Lot 2
Ellis and Nancy Olkon Page 3 of 5 September 13, 2016
Lot Size Variance Planning Commission Meeting
shall consider, among other factors, whether the variance requested is the minimum
variance which would alleviate the practical difficulty and whether the variance confers
upon the applicant any special privileges that are denied to the owners of other lands,
structures, or buildings in the same district;
(2) The plight of the landowner is due to circumstances unique to the property not created
by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
In addition, the Subdivision Ordinance establishes the following criteria for variances to the
subdivision ordinance.
(a) Because of the particular physical surroundings, shape or topographical conditions of the
specific parcels of land involved, a particular hardship to the owner would result if the strict
letter of this ordinance were carried out.
(b) The conditions upon which the application for the variance is based are unique to the parcel
of land for which the variance is sought and are not common to other properties within the
City.
(c) The hardship is related to the requirements of these regulations and has not been created by
any persons presently or formerly having an interest in the parcel of land.
(d) The granting of the variance will not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood in which the parcel of land is located.
The applicant describes in their narrative why they feel the criteria are met. Commissioners are
encouraged to review the narrative in order to determine. Generally, the applicant states that
they were told they could subdivide their property back in 1986 and that financial needs provide
a difficulty and hardship.
The applicant also references a 1999 amendment to the rural residential zoning requirements
which increased the requirement from 2-acres of suitable soils to 5-acres.
The zoning code explicit states that economic considerations alone do not constitute a practical
difficulty. Instead, the circumstances surrounding the property are to be considered, and must be
unique, and not common to other properties. Staff believes that many properties which may (or
may not) been able to be subdivided prior to the 1999 Rural Residential code change are
similarly situated.
The Rural Residential land use within the Comprehensive Plan establishes a maximum density of
one lot per 10 gross acres. If approved, the proposed variance would not result in development
in excess of this maximum density requirement. Staff believes that a variance which would
allow for development in excess of 1 lot per 10 acres would further not meet the criteria.
As a result of the steep slopes and wetlands on the property, the portion of the lots which are
most practical to build upon are limited. These areas are close to adjoining property lines,
Willow Drive, or the wetland on the property. Each include approximately an acre on the top
and bottom of the slope, of which a fairly significant portion would be reserved for septic sites.
Ellis and Nancy Olkon Page 4 of 5 September 13, 2016
Lot Size Variance Planning Commission Meeting
Other Considerations
As noted above, there are many more items which would need to be considered for the
subdivision.
Most importantly, the wetland delineation has not been submitted for review and approval. This
will need to be completed before the subdivision can be considered. Also, proposed Lot 1 does
not meet minimum Lot Width requirements from County Road 24. It appears that adequate
excess width exists in Lot 2 in order to shift the lot line within the wetland area. This would not
impact the buildable areas of the lots.
In addition, access would need to be provided for the eastern lot to a public roadway. Hollybush
Road to the east is a private road which the applicant has not provided proof of the ability to
utilize, and the large wetland separates the private road from the upland portion of the lot. The
other alternative would be for a driveway easement over Lot 1 for the benefit of Lot 2.
The proposed lots would be served by a private well and individual septic system. The applicant
has identified a primary and secondary septic site for each of the proposed lot, which the
building official indicated appeared sufficient.
The existing buildings on the property also would not appear to meet setback requirements from
the proposed dividing line. Provisions would need to be made to realign the subdivision or to
demolish the structures. It appears that less than 200 feet exist between the structures, so
insufficient space exists to maintain one as an animal structure (requiring a 150 foot setback) and
also the other structure as a storage building (requiring a 50 foot setback).
Review Criteria/Staff Recommendation
The review criteria for variances were discussed above, along with comments from staff. Staff
does not believe the criteria have been met primarily because the circumstances seem as if they
would be common across the Rural Residential zoning district and not unique to the property. In
addition, it seems that as if the variance would not be in harmony with the purpose and intent of
the ordinance of providing ample space for future septic systems in addition to other expected
improvements (homes, outbuildings, etc.) upon the sites.
The Planning Commission would need to find that all of the criteria have been met in order to
recommend approval.
If the Planning Commission does find the criteria are met, staff would recommend that the City
not act on the variance until the full preliminary plat is prepared. In such case, staff would
recommend that the following conditions be included related to the variance, in addition to the
conditions related to the subdivision:
1) The variance is contingent upon approval of a preliminary plat showing that all other
relevant requirements are met.
2) The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for
the cost of reviewing the plat and variance.
Ellis and Nancy Olkon Page 5 of 5 September 13, 2016
Lot Size Variance Planning Commission Meeting
Attachments
1. Document List
2. Building Official Comments
3. City Engineer Comments
4. Applicant Narrative
5. Preliminary Plat received by the City 9/1/2016
Project: LR‐16‐187– Olkon Variance and Preliminary Plat The following documents constitute the complete record of the above referenced request, even if some documents are not attached, or are only attached in part, to Planning Commission and City Council reports. All documents are available for review upon request at City Hall. Documents Submitted by Applicant: Document Received Date Document Date # of pages Electronic Paper Copy? Notes Application 8/1/2016 8/1/2016 3 Yes Y Fee 8/1/2016 8/1/2016 1 Y Y $5000 Mailing Labels 8/3/2016 8/1/2016 8 Y Y Narrative 8/8/2016 8/8/2016 2 Y Y Survey/Prelim Plat 8/1/2016 7/15/2016 1 Y Survey/Plat – Updated 8/23/2016 1 Y N Survey/Plat – Updated 8/30/2016 8/28/2016 1 Y N Survey/Plat – Updated 9/1/2016 9/1/2016 1 Y N Septic Designs 8/1/2016 7/29/2016 9 Y Y Documents from Staff/Consultants/Agencies Document Document Date # of pages Electronic Notes Building Official Comments 8/10/2016 1 Y City Engineer Comments 8/9/2016 1 Y Hennepin County Comments 8/3/2016 1 Y Incomplete
Public Comments
"771 •
�6 i � �.
ON SERVICES, INC.
Loren Kohnen, Pres.
August 10, 2016
TO: Debra Peterson
FROM: Loren Kohnen
RE: Preliminary Plat Lot Split
2363 Willow Drive N.
(763) 479-1720
FAX (763) 479-3090
Mtrowst76@aol.com
1) I have reviewed the septic design provided for what would be
a new lot.
2) The septic design meets all the requirements of M.P.C.A. Rules,
7080, 7081, 7082.
3) Both sites must be fenced and protected before any construction
or site work is started, and remains in place.
4) A new design for a mound style system which will match the
requirement for the proposed home to be built, will be required.
LK:jg
Box 248, Loretto, Minnesota 55357
1
Dusty Finke
From:Tom Kellogg <TKellogg@wsbeng.com>
Sent:Tuesday, August 09, 2016 11:02 AM
To:Debra Peterson; Batty, Ronald H.
Cc:Jim Stremel
Subject:RE: Olkon Application - LR-16-187
Deb,
My preliminary comments are shown below. Please let me know if you have questions or need anything else.
Willow Drive and County Road 24 rights‐of‐way should be dedicated as part of this plat.
The roadway easement discussed in their narrative should be shown on the plat.
It appears there are wetlands on the property. All wetlands should be delineated and appropriate easements
over these wetlands should be shown on the plat.
5’ interior and 10’ exterior perimeter drainage and utility easements should be shown on the plat.
The plat should be submitted to Hennepin County for their review and comment.
The City should consider obtaining additional right‐of‐way along Willow Drive for the future trail on the shoulder
shown on the Future Facility Planning Map.
Thanks,
Tom
Tom Kellogg
Senior Project Manager
d: 612-209-5113 | c: 612-209-5113
WSB & Associates, Inc. | Oddfellows Building
23 2nd Street SW Suite #200 | Rochester, MN 55902
This email, and any files transmitted with it, is confidential and is intended solely for the use of the addressee. If you are
not the addressee, please delete this email from your system. Any use of this email by unintended recipients is strictly
prohibited. WSB does not accept liability for any errors or omissions which arise as a result of electronic transmission. If
verification is required, please request a hard copy.
From: Debra Peterson [mailto:Debra@ci.medina.mn.us]
Sent: Tuesday, August 09, 2016 10:01 AM
To: Tom Kellogg; Batty, Ronald H.
Subject: Olkon Application - LR-16-187
Please review the attached application request for a Variance and Preliminary Plat. The Narrative is new. Please review
by the 12th.
2
Debra Peterson
Associate Planner
City of Medina
Ellis and Nancy Olkon ■
2526 Willow Drive North • Medina, MN 55340• Horne: 763-475-2526 • Cel1: 612-222-5055
E -Mail: ellisolkon@gmail.com
Date: August 8, 2016
City of Medina Planning Commission
2052 County Road 24
Medina, MN 55430
Dear Planning Commission:
AUG _ 8 2016 I D
We are writing to request that the City of Medina Planning Commission recommend variances from
current city ordinances to allow us to subdivide our 21.8 -acre property (2362 Willow Drive North) in half
and grant a preliminary plat. Such action is fundamentally fair, follows through on promises the City of
Medina made to us in 1986-1987, and is in keeping with the "undue hardship provision" in Section
820.59, Subd. 1 "Standards for Variances". We explain each of these reasons in more detail below after
providing some background on the property in question.
We have owned our home since May of 1985. In 1986, our neighbor to the east, Thomas Ogdahl, told us
that he had been in negotiations with the City of Medina to subdivide his approximately 50 acres of land
to build seven to eight homes of about 7 acres each. The City Council, then, told Ogdahl that it would
allow him to subdivide the land only if the driveway connected the housing development to Willow Drive
South. For that to happen, we agreed to give Ogdahl an easement on about three quarters of an acre of
our land to build the driveway. We were very reluctant to do so at first, not seeing how this would benefit
either the City of Medina or us. After all, we had moved to Medina in 1985 partly for its rural character,
and this developmentt to our immediate east would be a departure from that.
But Mayor Tom Anderson and several members of the City Council persuaded us otherwise 1) arguing
that that the housing development (now, Hollybush) would bring substantial tax revenues into the City and
2) promising that if Hollybush was built, we would in turn be able to subdivide our 21.8 acres of land in
half on a newly constructed driveway "when we got old and grey". For these reasons, we agreed to deed
this easement without any monetary consideration. Yet, the City of Medina and Ogdahls have both been
enriched by millions of dollars as a result of this easement.
In 2008, twelve years later after we granted the easement, we retained Gronberg Surveyors to conduct a
survey in anticipation of going forward with a plat subdivision as promised. It was then that we discovered
that, in 1999, a different City Council enacted Code 826.25, requiring 5 -acres of contiguous soil acceptable
to the City of Medina. Unfortunately, we never received notice of the proposed code as required by law.
The contiguous soil code should no longer be the applicable standard. After considerable litigation, the
Planning Commission and Medina City Council have granted both the Stonegate and Buehler
developments, a variance from the 5 -acre requirement. In 2015, Stonegate was granted a variance from
Code 826.25 and allowed to build 41 homes on about 170 acres of land. In 2015, the Buehler was granted
a variance on 3.70 acre of land. Therefore, for reasons of fundamental fairness, we should receive the
same variances that were granted to both Stonegate and Buehler.
We also think that our case qualifies for the "undue hardship provision" in Subd. 1 Standards for
Variances from Section 820.59. The hardship provision stems from Nancy's illness, and continued care.
In 2012, after finishing a last round of chemotherapy for a reoccurrence of lymphoma, Nancy was bitten
by a mosquito and infected with West Nile Virus while gardening in our backyard. The Virus caused her
brain to swell, she was admitted into the intensive care unit, went into a coma for 2 months, and
hospitalized for six months more. When Nancy came home in March of 2013, she was wheelchair bound.
We have had to fit our house to make it handicap accessible, and spent $500,000 on PCA care not
covered by insurance. For the last two years, we have been trying to sell our house so that we can continue
to afford the care Nancy needs to live in dignity. Subdividing the property would allow us to sell our
house, expedite our move, and continue to provide Nancy the care she needs. During this difficult period,
several City Council members generously attempted to help us get the variance to subdivide our land, and
counseled us to be patient while the Planning Commission and City Council considered the case of
Stonegate.
We have remained patient, but for reasons of fundamental fairness, for the sake of the integrity of the City
Council and its prior assurances to us, and to allow us to continue to provide Nancy with the care she
needs, we ask that the City of Medina grant the variance from Code 826.25 - as has already been granted
to Stonegate and Buehler - and subdivide our property in half and grant a preliminary plat for purposes of
sale. Also in keeping with Section 820.59 Subd. 1(d). Standards for Variances, "The granting of the
variance will not be detrimental to the public welfare or injurious to other land or improvements in the
neighborhood in which the parcel of land is located." The attached soil testing concluded that two areas
are shown on both east and west parcels to support a 5 bedroom home which allows more than enough
space for a primary and secondary drain field. Dividing our land in half would neither alter the rural
character nor affect the natural beauty of the area - all reasons for why we moved to the City of Medina,
why we have loved to live here, and would remain if not for Nancy's condition.
Thank you for taking the time to consider our case.
Sincerely,
Ellis and Nancy Olkon
2362 Willow Drive North
Medina, MN
2
PRELI MINARY PLAT AND SOILS OVERLAY FOR
ELLIS OLKON
IN THE NE 1/4 OF SECTION 21-118-23
HENNEPIN COUNTY, MINNESOTA
-- ---5 88°55' 51" E
1050—
\\ 577! -0k7+ — CC,EP-TAI
\\ u� /bco
(1014.0)
kldos. k)P)fl�
P-TESSTIT1G
L-� A
T103o-
-
_ 6-+:=_TC—NO-f ACCEPT
1000
\ - \
988—
\
\
a0� �) / 982 NOT%A EPTA LE
984,L 3 6
-1010
\\/// \� \
�-_�/��\\
9\95.51
m 1040 __NE 1)(4' —�148-23a}10
(1031_6) \ (10T102a S477t5T--HOLEj i/ , \ \rt \ PER" SP TESTING
/�1II\)\\
984 —
\ \
j1:31:t 0 4 -AC ' CONTIGUOUS \ \ Q P Q
ACPTABLE SOILS-
978-
/
\\ i
TE OF DELI EATED WETLANDS
KJOLHAUG ENVIRONMENTAL
17(9
-2'C2
.&5+ --ACRES \
-ACCEPTABLE\ \
NE .1/4 EG. 2
J33
VICES CO 'ANY1I
0
LEGAL DESCRIPTION OF PREMISES :
That part of the No rtheast Quarter of the Northeast Quarter
lying northerly of County Road No. 24, and easterly of Willow
917 : denotes existing contour line, per County maps
Bearings shown are based upo n an assumed datum.
Soil type areas do no t include road right of way.
Approximate total acreage excluding roads = 20.98± acres
L---DIVIDING----
LIN-E
,974--
\
10.49+ AC.
1.55± AC . CONTIGUOUS
ACCEPTABLE SOILS
L50A
5.40+ - AC
NOT ACCEPTABLE
ROAD EASEMENT
DOC. NO. 5406573
' ,t2 2,,,..._ 980 I /
of Sectio n 21-118-23
Drive.
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SEC. 21-118-23
103,
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DATE
DESCRIPTION
8-26-16
EXISTING BUILDINGS LOCATED, SHOWN ON DRAWNG
GRONBERG AND
ASSOCIATES, INC.
CONSULTING ENGINEERS, LAND
SURVEYORS, & SITE PLANNERS
445 NORTH WILLOW DRIVE
LONG LAKE, MN. 55356
952-473-4141
I he reby certify tha t this plan, specificatio n, or report
w as prepared by me, or under my direct supervision,
and that I am a duly Licensed Land Surveyor under
the laws of the State of Minnesota.
SCALE
DATE
7-15-16
Mark S. Gronberg Minnesota License Number 12755
JOB NO.
16-240
16-240
Ordinance No. ### 1
DATE
CITY OF MEDINA
ORDINANCE NO. ###
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 stream are
capable of conveying a proportionate share of flood flows.
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
or in the stage of a wetland or lake that results in the inundation of normally dry 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 portion of the floodplain outside of the floodway
and which has been or hereafter may be covered by the regional flood.
Subd. 39. Flood Proofing - 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. ### 2
DATE
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
the adjoining floodplains which are reasonably required to carry and discharge the regional
flood.
Subd. 80.2. Reach - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
Subd. 86. Regional Flood - this term is defined within the Definition section of the Floodplain
Management Ordinance, Section 826.74. A flood which is representative of large floods known
to have occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional
flood is synonymous with the term "base flood" used in the flood insurance study.
Subd. 88. Regulatory Flood Protection Elevation - this term is defined within the Definition
section of the Floodplain Management Ordinance, Section 826.74. A point not less than one
foot above the water surface profile associated with the regional flood plus any increases in flood
heights attributable to encroachments on the floodplain. It is the elevation to which uses
regulated by this Ordinance are required to be elevated or flood proofed.
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:
Section 826.74. Floodplain Management Ordinance.
Section 826.75. Statutory Authorization, Findings of Fact and Purpose.
Subd. 1. Statutory Authorization. The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses. Therefore, the
City Council of the City of Medina, Minnesota does ordain as follows:
Subd. 2. Findings of Fact.
(a) The flood hazard areas of Medina, Minnesota, are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures or flood protection and relief, and impairment of the tax base, all of
which adversely affect the public health, safety, and general welfare.
(b) Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable
Ordinance No. ### 3
DATE
method of analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
(c) National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified
as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community’s eligibility in the National Flood Insurance Program.
Subd. 3. Statement of Purpose. It is the purpose of this ordinance to promote the public
health, safety, and general welfare and to minimize those losses described in Section
826.75, subd. 2 (a) by provisions contained herein.
Section 826.77 General Provisions.
Subd. 1. Lands to Which Ordinance Applies. This ordinance shall apply to all lands
within the jurisdiction of the city shown on the official zoning map and/or the
attachments thereto as being located within the boundaries of the Floodway, Flood
Fringe, or General Flood Plain Districts.
Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map together with
all materials attached thereto is hereby adopted by reference and declared to be a part of
this ordinance. The attached material shall include the Flood Insurance Study, Volume 1
of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood
Insurance Rate Map panels numbered 27053C0134 E, 27053C0142 E, 27053C0144 E,
27053C0153 E, 27053C0154 E, 27053C0158 E, 27053C0159 E, 27053C0165 E,
27053C0166 E, 27053C0167 E, 27053C0168 E, 27053C0169 E, 27053C0302 E,
27053C0306 E, and 27053C0307 E for the City of Medina, dated September 2, 2004, as
developed by the Federal Emergency Management Agency. The official zoning map
shall be on file in the office of the city clerk and the zoning administrator.
Subd. 3. Regulatory Flood Protection Elevation. The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood plain
that result from designation of a floodway.
Subd. 4. Interpretation.
(a) In their interpretation and application, the provisions of this ordinance shall be held to
be minimum requirements and shall be liberally construed in favor of the city and
shall not be deemed a limitation or repeal of any other powers granted by state
statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the
Official Zoning Map. Where interpretation is needed as to the exact location of
the boundaries of the district as shown on the Official Zoning Map, as for example
where there appears to be a conflict between a mapped boundary and actual field
Ordinance No. ### 4
DATE
conditions and there is a formal appeal of the decision of the zoning administrator,
the city council acting as the Board of Adjustment shall make the necessary
interpretation. All decisions will be based on elevations on the regional (100-year)
flood profile, the ground elevations that existed on the site at the time the city
adopted its initial floodplain ordinance, and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable
opportunity to present their case to the Board of Adjustment and to submit
technical evidence.
Subd. 5. Abrogation and Greater Restrictions. It is not intended by this ordinance to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
Subd. 6. Warning and Disclaimer of Liability. This ordinance does not imply that areas
outside the flood plain districts or land uses permitted within such districts will be free
from flooding or flood damages. This ordinance shall not create liability on the part of
city or any officer or employee thereof for any flood damages that result from reliance on
this ordinance or any administrative decision lawfully made thereunder.
Subd. 7. Severability. If any section, clause, provision, or portion of this ordinance is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of this ordinance shall not be affected thereby.
Subd. 8. Definitions. Unless specifically defined below, words or phrases used in this
ordinance shall be interpreted so as to give them the same meaning as they have in
common usage and so as to give this ordinance its most reasonable application.
(a) Accessory Use or Structure - a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
(b) Basement - means any area of a structure, including crawl spaces, having its floor or
base subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
(c) Conditional Use - means a specific type of structure or land use listed in the
official control that may be allowed but only after an in-depth review procedure
and with appropriate conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that:
(1) Certain conditions as detailed in the zoning ordinance exist.
(2) The structure and/or land use conform to the comprehensive land use plan
if one exists and are compatible with the existing neighborhood.
Ordinance No. ### 5
DATE
(d) Equal Degree of Encroachment - a method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
(e) Flood - a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
(f) Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
(g) Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study.
(h) Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
(i) Flood Proofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
(j) Floodway - the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or
store the regional flood discharge.
(k) Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not considered
a building’s lowest floor.
(l) 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.”
(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.
Ordinance No. ### 6
DATE
(o) Reach - a hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would
most typically constitute a reach.
(p) Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this ordinance,
the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
(q) Regional Flood - a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood"
used in a flood insurance study.
(r) Regulatory Flood Protection Elevation - The regulatory flood protection elevation
shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood
plain that result from designation of a floodway.
(s) Structure - anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, factories, sheds, detached
garages, cabins, manufactured homes, recreational vehicles not meeting the
exemption criteria specified in Section 826.88, subd. 3 (a) of this ordinance and
other similar items.
(t) Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
(u) Substantial Improvement - within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the “start
of construction” of the improvement. This term includes structures that have
incurred “substantial damage,” regardless of the actual repair work performed.
The term does not, however, include either:
Ordinance No. ### 7
DATE
(1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(2) Any alteration of an “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as an “historic structure.”
For the purpose of this ordinance, “historic structure” shall be as defined
in Code of Federal Regulations, Part 59.1.
(v) Variance - means a modification of a specific permitted development standard
required in an official control including this ordinance to allow an alternative
development standard not stated as acceptable in the official control, but only as
applied to a particular property for the purpose of alleviating a hardship, practical
difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
Section 826.79. Establishment of Zoning Districts.
Subd. 1. Districts.
(a) Floodway District. The Floodway District shall include those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 826.77, subd. 2.
(b) Flood Fringe District. The Flood Fringe District shall include those areas designated
as floodway fringe. The Flood Fringe District shall include those areas shown on
the Flood Insurance Rate Map as adopted in Section 826.77, subd. 2, as being
within Zone AE, Zone 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.
Subd. 2. Compliance. No new structure or land shall hereafter be used and no structure
shall be constructed, located, extended, converted, or structurally altered without full
compliance with the terms of this ordinance and other applicable regulations which apply
to uses within the jurisdiction of this ordinance. Within the Floodway, Flood Fringe and
General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in
Sections 826.80, 826.83, and 826.84 that follow, respectively, shall be prohibited. In
addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel
trailers and travel vehicles are subject to the general provisions of this ordinance
and specifically Section 826.88.
Ordinance No. ### 8
DATE
(b) Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses
of structures or land are regulated by the general provisions of this ordinance and
specifically Section 826.92.
(c) As-built elevations for elevated or flood proofed structures must be certified by
ground surveys and flood proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in the general provisions
of this ordinance and specifically as stated in Section 826.91 of this ordinance.
Section 826.80. Floodway District (FW).
Subd. 1. Permitted Uses.
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
(b) Industrial-commercial loading areas, parking areas, and airport landing strips.
(c) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic
grounds, boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or multiple purpose
recreational trails.
(d) Residential lawns, gardens, parking areas, and play areas.
Subd. 2. Standards for Floodway Permitted Uses.
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning district if one exists.
(c) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures, fill, obstructions, excavations or storage of materials or equipment.
Subd. 3. Conditional Uses.
(a) Structures accessory to the uses listed in subd. 1 above and the uses listed in (b) – (h)
below.
(b) Extraction and storage of sand, gravel, and other materials.
(c) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(d) Railroads, streets, bridges, utility transmission lines, and pipelines.
Ordinance No. ### 9
DATE
(e) Storage yards for equipment, machinery, or materials.
(f) Placement of fill or construction of fences.
(g) Recreational vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the
exemptions and provisions of Section 826.88, subd. 3 of this ordinance.
(h) Structural works for flood control such as levees, dikes and floodwalls constructed to
any height where the intent is to protect individual structures and levees or dikes
where the intent is to protect agricultural crops for a frequency flood event equal to
or less than the 10-year frequency flood event.
Subd. 4. Standards for Floodway Conditional Uses.
(a) All Uses. No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses may
be allowed as a conditional use that will cause any increase in the stage of the
100-year or regional flood or cause an increase in flood damages in the reach or
reaches affected.
(b) All floodway conditional uses shall be subject to the procedures and standards
contained in Section 826.91, subd. 4 of this ordinance.
(c) The conditional use shall be permissible in the underlying zoning district if one
exists.
(d) Fill:
(1) Fill, dredge spoil, and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap
or other acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which
includes an erosion/sedimentation prevention element to the plan.
(3) As an alternative, and consistent with subsection (2) immediately above, dredge
spoil disposal and sand and gravel operations may allow temporary, on-site
storage of fill or other materials which would have caused an increase to the
stage of the 100-year or regional flood but only after the city council has
received an appropriate plan which assures the removal of the materials from
the floodway based upon the flood warning time available. The conditional
use permit must be title registered with the property in the Office of the
County Recorder.
(e) Accessory Structures:
(1) Accessory structures shall not be designed for human habitation.
Ordinance No. ### 10
DATE
(2) Accessory structures, if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood
waters:
(aa) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
(bb) So far as practicable, structures shall be placed approximately on the
same flood flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry flood proofed in
accordance with the FP-1 or FP-2 flood proofing classifications in the State
Building Code. As an alternative, an accessory structure may be flood proofed
to the FP-3 or FP-4 flood proofing classification in the State Building Code
provided the accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size at its largest projection, and for a detached
garage, the detached garage must be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures must meet the following
additional standards:
(aa) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed
to equalize hydrostatic flood forces on exterior walls;
(bb) Any mechanical and utility equipment in a structure must be elevated
to or above the regulatory flood protection elevation or properly
flood proofed; and
(cc) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two “automatic” openings in the outside walls of the
structure having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding. There must
be openings on at least two sides of the structure and the bottom of
all openings must be no higher than one foot above the lowest
adjacent grade to the structure. Using human intervention to open
a garage door prior to flooding will not satisfy this requirement for
automatic openings.
(f) Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is
prohibited.
Ordinance No. ### 11
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(2) Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the city.
(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
intended to remove areas from the regulatory flood plain shall not be allowed in
the floodway.
(h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to
the 100-year or regional flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
Section 826.83. Flood Fringe District (FF).
Subd. 1. Permitted Uses. Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning use district(s). If no pre-existing, underlying
zoning use districts exist, then any residential or non residential structure or use of a
structure or land shall be a permitted use in the Flood Fringe District provided such use
does not constitute a public nuisance. All permitted uses shall comply with the standards
for Flood Fringe District “Permitted Uses” listed in Section 826.83, subd. 2, and the
"Standards for all Flood Fringe Uses" listed in Section 826.83, subd. 5.
Subd. 2. Standards for Flood Fringe Permitted Uses.
(a) All structures, including accessory structures, must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood
protection elevation. The finished fill elevation for structures shall be no lower
than one (1) foot below the regulatory flood protection elevation and the fill shall
extend at such elevation at least (15) feet beyond the outside limits of the structure
erected thereon.
(b) As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet at its largest projection may be
internally flood proofed in accordance with Section 826.80, subd. 4 (e) (3).
(c) The cumulative placement of fill where at any one time in excess of one-thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a
conditional use, unless said fill is specifically intended to elevate a structure in
accordance with Section 826.83, subd. 2 (a) of this ordinance.
(d) The storage of any materials or equipment shall be elevated on fill to the regulatory
flood protection elevation.
(e) The provisions of Section 826.83, subd. 5 of this ordinance shall apply.
Ordinance No. ### 12
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Subd. 3. Conditional Uses. Any structure that is not elevated on fill or flood proofed in
accordance with Section 826.83, subd. 2 (a) – (b) and or any use of land that does not
comply with the standards in Section 826.83, subd. 2 (c) – (d) shall only be allowable as a
conditional use. An application for a conditional use shall be subject to the standards and
criteria and evaluation procedures specified in Sections 826.83, subd. 4-5, and Section
826.91, subd. 4 of this ordinance.
Subd. 4. Standards for Flood Fringe Conditional Uses.
(a) Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or
above-grade, enclosed areas such as crawl spaces or tuck under garages. The base
or floor of an enclosed area shall be considered above-grade and not a structure's
basement or lowest floor if: 1) the enclosed area is above-grade on at least one
side of the structure; 2) it is designed to internally flood and is constructed with
flood resistant materials; and 3) it is used solely for 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
regulatory flood protection elevation or be designed to prevent flood water
from entering or accumulating within these components during times of
flooding.
(2) Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be
designed to internally flood and the design plans must stipulate:
(aa) A minimum area of openings in the walls where internal flooding is
to be used as a flood proofing technique. There shall be a
minimum of two openings on at least two sides of the structure and
the bottom of all openings shall be no higher than one-foot above
grade. The automatic openings shall have a minimum net area of
not less than one square inch for every square foot subject to
flooding unless a registered professional engineer or architect
certifies that a smaller net area would suffice. The automatic
openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of flood waters without any form of human intervention;
Ordinance No. ### 13
DATE
and
(bb) That the enclosed area will be designed of flood resistant materials
in accordance with the FP-3 or FP-4 classifications in the State
Building Code and shall be used solely for building access, parking
of vehicles or storage.
(b) Basements, as defined by Section 826.77, subd. 8 (b) of this ordinance, shall be
subject to the following:
(1) Residential basement construction shall not be allowed below the regulatory
flood protection elevation.
(2) Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry flood proofed
in accordance with Section 826.83, subd. 4 (c) of this ordinance.
(c) All areas of non residential structures including basements to be placed below the
regulatory flood protection elevation shall be flood proofed in accordance with
the structurally dry flood proofing classifications in the State Building Code.
Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing
classification in the State Building Code and this shall require making the
structure watertight with the walls substantially impermeable to the passage of
water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood
proofed to the FP-3 or FP-4 classification shall not be permitted.
(d) When at any one time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on-site storage, landscaping, sand and
gravel operations, landfills, roads, dredge spoil disposal or construction of flood
control works, an erosion/sedimentation control plan must be submitted unless the
community is enforcing a state approved shoreland management ordinance. In
the absence of a state approved shoreland ordinance, the plan must clearly specify
methods to be used to stabilize the fill on site for a flood event at a minimum of
the 100-year or regional flood event. The plan must be prepared and certified by
a registered professional engineer or other qualified individual acceptable to the
city council. The plan may incorporate alternative procedures for removal of the
material from the flood plain if adequate flood warning time exists.
(e) Storage of Materials and Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is
prohibited.
Ordinance No. ### 14
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(2) Storage of other materials or equipment may be allowed if readily removable
from the area within the time available after a flood warning and in
accordance with a plan approved by the city council.
(f) The provisions of Section 826.83, subd. 5 of this ordinance shall also apply.
Subd. 5. Standards for All Flood Fringe Uses.
(a) All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation. If a variance
to this requirement is granted, the Board of Adjustment must specify limitations
on the period of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood emergency
response procedures exist.
(b) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking
lots may be at elevations lower than the regulatory flood protection elevation.
However, a permit for such facilities to be used by the employees or the general
public shall not be granted in the absence of a flood warning system that provides
adequate time for evacuation if the area would be inundated to a depth and
velocity such that when multiplying the depth (in feet) times velocity (in feet per
second) the product number exceeds four upon occurrence of the regional flood.
(c) Manufacturing and Industrial Uses - measures shall be taken to minimize interference
with normal plant operations especially along streams having protracted flood
durations. Certain accessory land uses such as yards and parking lots may be at
lower elevations subject to requirements set out in Section 826.83, subd. 5 (b)
above. In considering permit applications, due consideration shall be given to
needs of an industry whose business requires that it be located in flood plain
areas.
(d) Fill shall be properly compacted and the slopes shall be properly protected by the use
of riprap, vegetative cover or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special
flood hazard area designation for certain structures properly elevated on fill above
the 100-year flood elevation - FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of
site preparation if a change of special flood hazard area designation will be
requested.
(e) Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the
Official Zoning Map.
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(f) Standards for recreational vehicles are contained in Section 826.88, subd. 3.
(g) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods
of anchoring may include, but are not to be limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable state
or local anchoring requirements for resisting wind forces.
Section 826.84. General Flood Plain District.
Subd. 1. Permissible Uses.
(a) The uses listed in Section 826.80, subd. 1 of this ordinance shall be permitted uses.
(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria
pursuant to subd. 2 below. Section 826.80 shall apply if the proposed use is in the
Floodway District and Section 826.83 shall apply if the proposed use is in the
Flood Fringe District.
Subd.2. Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District.
(a) Upon receipt of an application for a permit or other approval within the General
Flood Plain District, the applicant shall be required to furnish such of the
following information as is deemed necessary by the zoning administrator for the
determination of the regulatory flood protection elevation and whether the
proposed use is within the Floodway or Flood Fringe District.
(1) A typical valley cross-section(s) showing the channel of the stream, elevation of
land areas adjoining each side of the channel, cross-sectional areas to be
occupied by the proposed development, and high water information.
(2) Plan (surface view) showing elevations or contours of the ground, pertinent
structure, fill, or storage elevations, the size, location, and spatial
arrangement of all proposed and existing structures on the site, and the
location and elevations of streets.
(3) Photographs showing existing land uses, vegetation upstream and downstream,
and soil types.
(4) Profile showing the slope of the bottom of the channel or flow line of the stream
for at least 500 feet in either direction from the proposed development.
(b) The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in
determining whether the proposed use is in the Floodway or Flood Fringe District
and to determine the regulatory flood protection elevation. Procedures consistent
with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of
Federal Regulations Part 65 shall be followed in this expert evaluation. The
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designated engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of Natural
Resources' Area Hydrologist prior to commencing the analysis. The designated
engineer or expert shall:
(1) Estimate the peak discharge of the regional flood.
(2) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
(3) Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 0.5 foot. A lesser stage increase than .5'
shall be required if, as a result of the additional stage increase, increased
flood damages would result. An equal degree of encroachment on both sides
of the stream within the reach shall be assumed in computing floodway
boundaries.
(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.
Section 826.86. Subdivisions.
Subd. 1. Review Criteria. No land shall be subdivided which is unsuitable for the reason
of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots
within the flood plain districts shall be able to contain a building site outside of the
Floodway District at or above the regulatory flood protection elevation. All subdivisions
shall have water and sewage treatment facilities that comply with the provisions of this
ordinance, and with section 720 Individual Sewage Treatment Standards, and have road
access both to the subdivision and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the flood plain,
the Floodway and Flood Fringe District boundaries, the regulatory flood protection
elevation and the required elevation of all access roads shall be clearly labeled on all
required subdivision drawings and platting documents. For rural areas, all areas
delineated on a survey or plat as being in the floodplain shall not be considered in the
contiguous suitable soils calculation, as defined in section 820.29 subd. 4(a).
Subd. 2. Floodway/Flood Fringe Determinations in the General Flood Plain District.
In the General Flood Plain District, applicants shall provide the information required in
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Section 826.84, subd. 2 of this ordinance to determine the 100-year flood elevation, the
Floodway and Flood Fringe District boundaries and the regulatory flood protection
elevation for the subdivision site.
Subd. 3. Removal of Special Flood Hazard Area Designation. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the 100-year
flood elevation. FEMA's requirements incorporate specific fill compaction and side
slope protection standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
Section 826.87. Public Utilities, Railroads, Roads and Bridges.
Subd. 1. Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the flood plain shall be flood proofed in
accordance with the State Building Code or elevated to above the regulatory flood
protection elevation.
Subd. 2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Sections 826.80 and 826.83 of this
ordinance. Elevation to the regulatory flood protection elevation shall be provided where
failure or interruption of these transportation facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly functioning of
the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public
health or safety.
Subd. 3. On-site Sewage Treatment and Water Supply Systems. Where public utilities
are not provided: 1) On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site
sewage treatment systems must be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into flood waters and they shall
not be subject to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance with this
Section.
Section 826.88. Manufactured Homes and Manufactured Home Parks and Placement of
Travel Trailers and Travel Vehicles.
Subd. 1. New manufactured home parks and expansions to existing manufactured home
parks shall be subject to the provisions placed on subdivisions by Section 826.86 of this
ordinance.
Subd. 2. The placement of new or replacement manufactured homes in existing
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manufactured home parks or on individual lots of record that are located in flood plain
districts will be treated as a new structure and may be placed only if elevated in
compliance with Section 826.83 of this ordinance. If vehicular road access for pre-
existing manufactured home parks is not provided in accordance with Section 826.83,
subd. 5 (a) then replacement manufactured homes will not be allowed until the property
owner(s) develops a flood warning emergency plan acceptable to the city council.
(a) 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 do not meet the exemption criteria specified in Section
(a) below shall be subject to the provisions of this ordinance and as specifically spelled
out in Sections (c) and (d) below.
(a) Exemption - Recreational vehicles are exempt from the provisions of this ordinance if
they are placed in any of the areas listed in Subsection (b) below and further they
meet the following criteria:
(1) Have current licenses required for highway use.
(2) Are highway ready meaning on wheels or the internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks and the recreational vehicle has
no permanent structural type additions attached to it.
(3) The recreational vehicle and associated use must be permissible in any pre-
existing, underlying zoning use district.
(b) Areas Exempted For Placement of Recreational Vehicles:
(1) Individual lots or parcels of record.
(2) Existing commercial recreational vehicle parks or campgrounds.
(3) Existing condominium type associations.
(c) Recreational vehicles exempted in Section 826.88, subd. 3 (a) lose this exemption
when development occurs on the parcel exceeding $500 for a structural addition
to the recreational vehicle or exceeding $500 for an accessory structure such as a
garage or storage building. The recreational vehicle and all additions and
accessory structures will then be treated as a new structure and shall be subject to
the elevation/flood proofing requirements and the use of land restrictions
specified in Sections 826.80 and 826.83 of this ordinance. There shall be no
development or improvement on the parcel or attachment to the recreational
vehicle that hinders the removal of the recreational vehicle to a flood free location
should flooding occur.
(d) New commercial recreational vehicle parks or campgrounds and new residential type
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subdivisions and condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be subject to the
following:
(1) Any new or replacement recreational vehicle will be allowed in the Floodway or
Flood Fringe Districts provided said recreational vehicle and its contents are
placed on fill above the regulatory flood protection elevation and proper
elevated road access to the site exists in accordance with Section 826.83,
subd. 5 (a) of this ordinance. No fill placed in the floodway to meet the
requirements of this Section shall increase flood stages of the 100-year or
regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of (1)
above may, as an alternative, be allowed as a conditional use if in accordance
with the following provisions and the provisions of Section 826.91, subd. 4
of the ordinance. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 year flood. Said plan
shall be prepared by a registered engineer or other qualified individual, shall
demonstrate that adequate time and personnel exist to carry out the
evacuation, and shall demonstrate the provisions of Section 826.88, subd. 3
(a) (1) and (2) of this ordinance will be met. All attendant sewage and water
facilities for new or replacement recreational vehicles must be protected or
constructed so as to not be impaired or contaminated during times of
flooding in accordance with Section 826.87, subd. 3 of this ordinance.
Section 826.91. Administration.
Subd. 1. Zoning Administrator. A zoning administrator or other official designated by the
city council shall administer and enforce this ordinance. If the zoning administrator finds
a violation of the provisions of this ordinance the zoning administrator shall notify the
person responsible for such violation in accordance with the procedures stated in Section
826.95 of the ordinance.
Subd. 2. Permit Requirements.
(a) Permit Required. A Permit issued by the zoning administrator in conformity with the
provisions of this ordinance shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or
alteration of any building, structure, or portion thereof; prior to the use or change
of use of a building, structure, or land; prior to the construction of a dam, fence, or
on-site septic system; prior to the change or extension of a nonconforming use;
prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source; and prior to the placement of fill, excavation of materials, or the
storage of materials or equipment within the flood plain.
(b) Application for Permit. Application for a permit shall be made in duplicate to the
zoning administrator on forms furnished by the zoning administrator and shall
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include the following where applicable: plans in duplicate drawn to scale,
showing the nature, location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of the foregoing
in relation to the stream channel.
(c) State and Federal Permits. Prior to granting a permit or processing an application for
a conditional use permit or variance, the zoning administrator shall determine that
the applicant has obtained all necessary state and federal permits.
(d) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It
shall be unlawful to use, occupy, or permit the use or occupancy of any building
or premises or part thereof hereafter created, erected, changed, converted, altered,
or enlarged in its use or structure until a certificate of zoning compliance shall
have been issued by the zoning administrator stating that the use of the building or
land conforms to the requirements of this ordinance.
(e) Construction and Use to be as Provided on Applications, Plans, Permits, Variances
and Certificates of Zoning Compliance. Permits, conditional use permits, or
certificates of zoning compliance issued on the basis of approved plans and
applications authorize only the use, arrangement, and construction set forth in
such approved plans and applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this ordinance, and punishable as
provided by Section 826.95 of this ordinance.
(f) Certification. The applicant shall be required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this ordinance. Flood proofing measures shall be certified by a
registered professional engineer or registered architect.
(g) Record of First Floor Elevation. The zoning administrator shall maintain a record of
the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structures in the flood plain. The zoning
administrator shall also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
(h) Notifications for Watercourse Alterations. The zoning administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the city authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit to work in
the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall
suffice as adequate notice to the Commissioner of Natural Resources. A copy of
said notification shall also be submitted to the Chicago Regional Office of the
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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.
Subd. 3. Board of Adjustment.
(a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Boards by State law.
(b) Administrative Review. The Board of Adjustment shall hear and decide appeals
where it is alleged there is error in any order, requirement, decision, or
determination made by an administrative official in the enforcement or
administration of this ordinance.
(c) Variances. The Board of Adjustment may authorize upon appeal in specific cases
such relief or variance from the terms of this ordinance as will not be contrary to
the public interest and only for those circumstances such as hardship, practical
difficulties or circumstances unique to the property under consideration, as
provided for in the respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of such variance, the Board of
Adjustment shall clearly identify in writing the specific conditions that existed
consistent with the criteria specified in this ordinance, any other zoning
regulations in the city, and in the respective enabling legislation that justified the
granting of the variance. No variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area, or permit
standards lower than those required by state law. The following additional
variance criteria of the Federal Emergency Management Agency must be
satisfied:
(1) Variances shall not be issued by a city within any designated regulatory
floodway if any increase in flood levels during the base flood discharge
would result.
(2) Variances shall only be issued by a city upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
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(3) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of
the zoning administrator, or an application for a variance, the Board of
Adjustment shall fix a reasonable time for a hearing and give due notice to the
parties in interest as specified by law. The Board of Adjustment shall submit by
mail to the Commissioner of Natural Resources a copy of the application for
proposed variances sufficiently in advance so that the Commissioner will receive
at least ten days notice of the hearing.
(e) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or
variance within 60 days. In passing upon an appeal, the Board of Adjustment
may, so long as such action is in conformity with the provisions of this ordinance,
reverse or affirm, wholly or in part, or modify the order, requirement, decision or
determination of the zoning administrator or other public official. It shall make
its decision in writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance the Board of Adjustment may prescribe
appropriate conditions and safeguards such as those specified in Section 826.91,
subd. 4 (f), which are in conformity with the purposes of this ordinance.
Violations of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this ordinance
punishable under Section 826.95. A copy of all decisions granting variances shall
be forwarded by mail to the Commissioner of Natural Resources within ten days
of such action.
(f) Appeals. Appeals from any decision of the Board of Adjustment may be made, and
as specified in the city's official controls and also by Minnesota Statutes.
(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
justification for their issuance, and report such variances issued in its annual or
biennial report submitted to the Administrator of the National Flood Insurance
Program.
Subd. 4. Conditional Uses. The planning commission and city council shall hear and
decide applications for conditional uses permissible under this ordinance. Applications
shall be submitted to the zoning administrator who shall forward the application to the
planning commission and city council for consideration.
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(a) Hearings. Upon filing with the zoning administrator an application for a conditional
use permit, the zoning administrator shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed conditional use
sufficiently in advance so that the Commissioner will receive at least ten days
notice of the hearing.
(b) Decisions. The planning commission and city council shall arrive at a decision on a
conditional use within 60 days. In granting a conditional use permit the planning
commission and city council shall prescribe appropriate conditions and
safeguards, in addition to those specified in Section 826.91, subd. (4) (f) which
are in conformity with the purposes of this ordinance. Violations of such
conditions and safeguards, when made a part of the terms under which the
conditional use permit is granted, shall be deemed a violation of this ordinance
punishable under Section 826.95. A copy of all decisions granting conditional use
permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
(c) Procedures to be followed by the planning commission and city council in Passing on
Conditional Use Permit Applications Within all Flood Plain Districts.
(1) Require the applicant to furnish such of the following information and additional
information as deemed necessary by the zoning administrator for
determining the suitability of the particular site for the proposed use:
(aa) Plans in triplicate drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or proposed structures,
fill, storage of materials, flood proofing measures, and the
relationship of the above to the location of the stream channel; and
(bb) Specifications for building construction and materials, flood proofing,
filling, dredging, grading, channel improvement, storage of
materials, water supply and sanitary facilities.
(2) Transmit one copy of the information described in subsection (1) above to a
designated engineer or other expert person or agency for technical assistance,
where necessary, in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the
adequacy of the plans for protection, and other technical matters.
(3) Based upon the technical evaluation of the designated engineer or expert, the
planning commission and city council shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use in relation
to the flood hazard.
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(d) Factors upon which the decision of the city council shall be based. In passing upon
conditional use applications, the city council and planning commission shall
consider all relevant factors specified in other sections of this ordinance, and:
(1) The danger to life and property due to increased flood heights or velocities
caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the
injury of others or they may block bridges, culverts or other hydraulic
structures.
(3) The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the
community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed
use.
(8) The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive plan and flood
plain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise, and sediment transport of
the flood waters expected at the site.
(12) Such other factors which are relevant to the purposes of this ordinance.
(e) Time for Acting on Application. The city council shall act on an application in the
manner described above within 60 days from receiving the application, except
that where additional information is required pursuant to Section 826.91, subd. 4
(d) of this ordinance. The city council shall render a written decision within 30
days from the receipt of such additional information.
(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.
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(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
(5) Flood proofing measures, in accordance with the State Building Code and this
ordinance. The applicant shall submit a plan or document certified by a
registered professional engineer or architect that the flood proofing measures
are consistent with the regulatory flood protection elevation and associated
flood factors for the particular area.
Section 826.92. Nonconforming Uses.
Subd. 1. A structure or the use of a structure or premises which was lawful before the
passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions.
Historic structures, as defined in Section 826.77, subd. 8 (u) (2) of this ordinance, shall be
subject to the provisions of Subsections (a) – (e) of Section 826.92, subd. 1. of this
ordinance.
(a) No such use shall be expanded, changed, enlarged, or altered in a way that increases
its nonconformity.
(b) Any structural alteration or addition to a nonconforming structure or nonconforming
use which would result in increasing the flood damage potential of that structure
or use shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-
1 thru FP-4 floodproofing classifications) allowable in the State Building Code,
except as further restricted in (c) and (f) below.
(c) The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50 percent of the market value of the
structure unless the conditions of this Section are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the city's
initial flood plain controls must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed alterations
and additions exceeds 50 percent of the current market value of the structure, then
the structure must meet the standards of Section 826.80 or 826.83 of this
ordinance for new structures depending upon whether the structure is in the
Floodway or Flood Fringe District, respectively.
(d) If any nonconforming use is discontinued for 12 consecutive months, any future use
of the building premises shall conform to this ordinance. The assessor shall notify
the zoning administrator in writing of instances of nonconforming uses that have
been discontinued for a period of 12 months.
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(e) If any nonconforming use or structure is substantially damaged, as defined in Section
826.77, subd. 8 (t) of this ordinance, it shall not be reconstructed except in conformity
with the provisions of this ordinance. The applicable provisions for establishing new
uses or new structures in Sections 826.80, 826.83, and 826.84 will apply depending upon
whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain
District, respectively.
(f) If a substantial improvement occurs, as defined in Section 826.77, subd. 8 (4) of this
ordinance, from any combination of a building addition to the outside dimensions
of the existing building or a rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming building,
then the building addition (as required by Subsection (b) above) and the existing
nonconforming building must meet the requirements of Section 826.80 or 826.83
of this ordinance for new structures, depending upon whether the structure is in
the Floodway or Flood Fringe District, respectively.
Section 826.95. Penalties for Violation.
Subd. 1. Violation of the provisions of this ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection
with grants of variances or conditional uses) shall constitute a misdemeanor and shall be
punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the city from taking such other lawful
action as is necessary to prevent or remedy any violation. Such actions may include but
are not limited to:
(a) In responding to a suspected ordinance violation, the zoning administrator and city
council may utilize the full array of enforcement actions available to it including
but not limited to prosecution and fines, injunctions, after-the-fact permits, orders
for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The city must act in
good faith to enforce these official controls and to correct ordinance violations to
the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
(b) When an ordinance violation is either discovered by or brought to the attention of the
zoning administrator, the zoning administrator shall immediately investigate the
situation and document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information will be submitted to
the appropriate Department of Natural Resources' and Federal Emergency
Management Agency regional office along with the city's plan of action to correct
the violation to the degree possible.
(c) The zoning administrator shall notify the suspected party of the requirements of this
Ordinance No. ### 27
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ordinance and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure and/or use is under construction or
development, the zoning administrator may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the
construction or development is already completed, then the zoning administrator
may either: (1) issue an order identifying the corrective actions that must be made
within a specified time period to bring the use or structure into compliance with
the official controls; or (2) notify the responsible party to apply for an after-the-
fact permit/development approval within a specified period of time not to exceed
30-days.
(d) If the responsible party does not appropriately respond to the zoning administrator
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this ordinance and shall be prosecuted accordingly. The
zoning administrator shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition which existed prior to the
violation of this ordinance.
Section 826.97. Amendments. The flood plain designation on the official zoning map shall not
be removed from flood plain areas unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation of the regulatory flood protection elevation and
is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted
by the Commissioner of Natural Resources if he determines that, through other measures, lands
are adequately protected for the intended use.
All amendments to this ordinance, including amendments to the official zoning map, must be
submitted to and approved by the commissioner of natural resources prior to adoption. Changes
in the official zoning map must meet the Federal Emergency Management Agency's (FEMA)
technical conditions and criteria and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10-days written notice of all hearings to
consider an amendment to this ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
Ordinance No. ### 28
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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
Ordinance No. ### 29
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attachments to the map as being located within the boundaries of the Floodway,
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
Ordinance No. ### 30
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from reliance on this ordinance or any administrative decision lawfully made
hereunder.
(h) 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.
(i) 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
Ordinance No. ### 31
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flood flows, such as chain link fences and rigid walls, are regulated as
structures under this ordinance.
(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.
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(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
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
Ordinance No. ### 33
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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
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:
(i) 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.
Ordinance No. ### 34
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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
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.
Ordinance No. ### 35
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(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.
(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.
# Storage yards for equipment, machinery, or materials.
(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.
# Travel-ready recreational vehicles meeting the exception standards in
Subd. 9.
(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.
Ordinance No. ### 36
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# Temporary placement of fill, other materials, or equipment which
would cause an increase to the stage of the 1% percent chance or
regional flood may only be allowed if the City Council has
approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
# Accessory Structures. Accessory structures, as identified in Subd.
4(c)(1) may be permitted, provided that:
(i) structures are not intended for human habitation;
(ii) structures will have a low flood damage potential;
(iii) structures will be constructed an placed so as to offer a minimal
obstruction to the flow of flood waters;
(iv) Service utilities, such as electrical and heating equipment, within these
structures must be elevated to or above the regulatory flood protection
elevation or properly floodproofed;
(v) Structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP1 or FP2 floodproofing classifications in the
State Building Code. All floodproofed structures must be adequately
anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls.
(vi) As an alternative, an accessory structure may be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State
Building Code, provided the accessory structure constitutes a minimal
investment and does not exceed 576 square feet in size. 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) Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters are subject to the
provisions of Minnesota Statutes, Section 103G.245.
(4) A levee, dike or floodwall constructed in the floodway must not cause an
increase to the 1% chance or regional flood. The technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
Ordinance No. ### 37
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(5) Floodway developments must not adversely affect the hydraulic capacity
of the channel and adjoining floodplain of any tributary watercourse or
drainage system.
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.
(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
Ordinance No. ### 38
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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
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.
# Manufactured homes and recreational vehicles must meet the standards
of Subd. 9 of this ordinance.
(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.
# Any structure that is not elevated on fill or floodproofed in accordance
with Subd. 5(b)(1) and Subd. 5(b)(2) 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.
# (OPTIONAL) The use of methods to elevate structures above the
regulatory flood protection elevation, including stilts, pilings, parallel
Ordinance No. ### 39
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walls, or above-grade, enclosed areas such as crawl spaces or tuck under
garages, shall meet the standards in Section 5.46.
(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.
# Basements, as defined by Subd. 2(i) of this ordinance, are subject to the
following:
i. Residential basement construction is not allowed below the
regulatory flood protection elevation.
ii. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry floodproofed in accordance with Section 5.43 of this
ordinance.
# All areas of nonresidential structures, including basements, to be placed
below the regulatory flood protection elevation must be floodproofed in
accordance with the structurally dry floodproofing classifications in the
State Building Code. Structurally dry floodproofing must meet the FP1 or
FP2 floodproofing classification in the State Building Code, which
requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy.
(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.
# (OPTIONAL) Alternative elevation methods other than the use of fill may
be utilized to elevate a structure's lowest floor above the regulatory flood
protection elevation. The base or floor of an enclosed area shall be
considered above-grade and not a structure’s basement or lowest floor if:
1) the enclosed area is above-grade on at least one side of the structure; 2)
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it is designed to internally flood and is constructed with flood resistant
materials; and 3) it is used solely for parking of vehicles, building access
or storage. The above-noted alternative elevation methods are subject to
the following additional standards:
i. Design and Certification - The structure’s design and as-built
condition must be certified by a registered professional engineer as
being in compliance with the general design standards of the State
Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood
protection elevation or be designed to prevent flood water from
entering or accumulating within these components during times of
flooding.
ii. Specific Standards for Above-grade, Enclosed Areas - Above-
grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design plans
must stipulate:
1. The minimum area of openings in the walls where internal
flooding is to be used as a floodproofing 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 of
enclosed area subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would suffice.
The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any form of
human intervention; and
2. That the enclosed area will be designed of flood resistant materials
in accordance with the FP3 or FP4 classifications in the State
Building Code and shall be used solely for building access,
parking of vehicles or storage.
Subd. 6. General Floodplain District (GF)
(a) Permitted Uses:
(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
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(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
# In general: Recognizing that flood prone areas may exist outside of the
designated floodplain districts, the requirements of this section apply to all land
within the City.
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.
(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.
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(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.
(f) 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.
These transportation facilities must be elevated to the regulatory flood protection
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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.
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(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:
(i) 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
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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:
(i) 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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(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.
Ordinance No. ### 47
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(iii) Imposition of operational controls, sureties, and deed restrictions.
(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., FP1 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.
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(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
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.
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(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
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 ___ day of ____, 2016.
______________________________
Bob Mitchell, Mayor
Attest:
___________________________________
Jodi M. Gallup, City Clerk
Published in the Crow River News on the ___day of ______, 2016.