HomeMy WebLinkAboutOrd #016-3rd Ser/Amending code re: floodplain management � e
SUMMARY OF ORDINANCE NO. 16,THIRD SERIES
ORDINANCE NO 16, THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO MUNICIPAL CODE BY
DELETING SECTIONS 78-1100 THROUGH 78-1176
AND BY ADDING NEW SECTIONS 78-1100 THROUGH 78-1140,
REGARDING FLOODPLAIN MANAGEMENT
The following is the official summary of Ordinance No.16, Third Series approved by the
City Council of the City of Orono on August 23, 2004.
SECTION 1: Municipal Zoning Code Chapter 78, Zoning Regulations, Article VIII,
Floodplain and Wetlands Management is hereby amended by repealing the Article title
and division headings, and Sections 78-1100 through 78-1176, in their entirety.
SECTION 2: Municipal Zoning Code Chapter 78, Zoning Regulations, Article VIII is
further amended by adding a new Article title, division headings and Sections 78-1100
through 78-1140 which are summarized as follows:
"ARTICLE VIII. FLOODPLAIN MANAGEMENT
DNISION 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT AND
PURPOSE
Sec. 78-1101 Statutory Authorization. This Section establishes the authority under
which the City is authorized to regulate floodplains to minimize flood losses.
Sec. 78-1102 Findings of Fact. This Section declares that flooding has adverse
impacts on the health, safety and welfare of the public, establishes that methods used
for analyzing flood hazards are consistent with MnDNR standards„ and that this
Ordinance is compliant with the rules and regulations of the National Flood Insurance
Program.
Sec. 78-1103 Statement of Purpose. It is the purpose of this ordirfance to promote the
public health, safety, and general welfare to minimize flood losses.
Page 1 of 7
DNISION 2. GENERAL PROVISIONS
Sec.78-1104 Lands to Which Ordinance Applies:
This Section states that this Ordinance shall apply to all lands within the jurisdiction of
the City of Orono shown on the Official Floodplain Overlay District Map and/or the
attachments thereto as being located within the boundaries of the Floodway, Flood
Fringe, or General Flood Plain Districts.
Sec.7&1105 Establishment of Official Floodplain Overlay District Map.
This Section adopts the Official Floodplain Overlay District Map as the Flood
Insurance Rate Map panels numbered 27053C0144E, 27053C0165E, 27053CO284E,
27053CO285E, 27053CO292E, 27053C0301E, 27053C0302E, 27053C0303,
27053C0304E, 27053C0306E, 27053C0307E, 27053C0308E, 27053C0311E,
27053C0312E, 27053C0312E, 27053C0316E as well as the Hennepin County Flood
Insurance Study,Volumes 1 and 2.
Sec. 78-1106 Regulatory Flood Protection Elevation. This section establishes the
Regulatory Flood Protection Elevation as 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.
Sec. 78-1107 Interpretation. This Section de�nes how this ordinance will be applied
with regard to interpretation of the ordinance and determination of Overlay District
boundaries.
Sec. 78-1108 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.
Sec. 78-1109 Warning and Disclaimer of Liability This Ordinance does not imply
that areas outside the flood plain districts or land uses permitted within such districts
will be free from flooding or flood damages. This Ordinance shall not create liability
on the part of the City of Orono or any officer or employee thereof for any flood
damages that result from reliance on this Ordinance or any administrative decision
lawfully made thereunder.
Sec. 78-1110 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.
Sec. 78-1111 Definitions. This Section defines the following terms as they apply to
this ordinance: Accessory Use or Structure; Basement; Conditional Use; Equal Degree
Page 2 of 7
of Encroachment; Flood; Flood Frequency; Flood Fringe; Flood Plain; Flood Proofing;
Floodway; Lake Minnetonka; Lowest Floor; Manufactured Home; Obstruction;
Principal Use or Structure; Reach; Recreational Vehicle; Regional Flood; Regulatory
Flood Protection Elevation; Structure; Substantial Damage; Substantial Improvement;
and Variance.
DNISION 3. ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS
Sec. 78-1112 Districts. This Section establishes and identifies those areas to be lrnown
as the Floodway District, the Flood Fringe District, and the General Flood Plain
District.
Sec. 78-1113 Compliance. This Section establishes that 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 Divisions 4, 5 and 6 that follow, respectively,
shall be prohibited. This section also contains cautions regarding manufactured homes
and trailers, alterations to nonconforming uses and structures, and certification of as-
built elevations.
DNISION 4. FLOODWAY DISTRICT(FV�
Sec.78-1114 Permitted Uses
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming,and wild crop harvesting.
(b) Private and public golf courses, driving ranges, archery ranges, picnic
grounds, public 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.
(c) Residential lawns, gardens, parking areas, boat launching ramps, and play
areas,provided no filling, grading or hardcover is involved.
(d) Seasonally installed residential boat docks for single-family dwellings.
(e) Natural stone riprap shoreline protection.
(fl Sand beach blankets meeting the requirements of the DNR regulation
6MCAR15021B.
Sec. 78-1115 Standards for Floodway Permitted Uses. This section establishes
standards for Floodway Permitted Uses.
Sec. 78-1116 Conditional Uses
(a)Structures accessory to the uses listed in 78-1114 above and the uses listed
in 78-1116(a)subsections 1 —8 below.
Page 3 of 7
(1) Extraction and storage of sand, gravel, and other materials.
(2) Marinas,boat rentals, docks,piers,wharves, and water control structures.
(3) Railroads, streets,bridges,utility transmission lines,and pipelines.
(4) Storage yards for equipment,machinery,or materials.
(5) Placement of fill or construction of fences.
(6) 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.
(7) All other forms of shoreline protection,including wood,metal mortared stone or
concrete seawalls.
(8) All permanent boat docks or other similar structures.
Sec. 78-1117 Standards for Floodway Conditional Uses. This Section establishes
conditions applicable to Floodway Conditional Uses, including standards regarding
filling; accessory structures; storage of materials and equipment; and flood control.
DNISION 5. FLOOD FRINGE DISTRICT(FF)
Sec.7&1118 Permitted Uses.
(a)The uses listed in Section 78-1114 of this Ordinance shall be permitted uses.
(b)All other 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 78-1119 and the
"Standards for all Flood Fringe Uses" listed in Section 78-1122.
Sec. 78-1119 Standards for Flood Fringe Permitted Uses. This Section establishes
standards for Flood Fringe Permitted Uses, including elevation of structures, internal
floodproofing,placement of fill,and storage of materials and equipment.
Sec. 78-1120 Conditional Uses. Any structure that is not elevated on fill or flood
proofed in accordance with Section 78-1119(a) — (b) and or any use of land that does
not comply with the standards in Section 78-1119(c) and (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 78-1121 —78-1122 and 78-
1135 of this Ordinance.
Page 4 of 7
Sec. 78-1121 Standards for Flood Fringe Conditional Uses. This Section establishes
standards for Flood Fringe Conditional Uses with regards to alternative elevation
methods;basements; floodproofing; filling; and storage of materials and equipment.
Sec.78-1122 Standards for All Flood Fringe Uses. This Section establishes standards
with regards to vehicular access; commercial uses; manufacturing and industrial uses;
filling; development effects on hydraulic capacity; recreational vehicles; and
manufactured homes.
DNISION 6. GENERAL FLOOD PLAIN DISTRICT
Sec. 78-1123 Permitted Uses. This Section establishes that all uses listed in Section
78-1114 shall be permitted in the General Flood Plain District, and all other uses shall
be subject to floodway/flood fringe evaluation criteria pursuant to Section 78-1124, as
well as the applicable provisions of Division 4 or Division 5.
Sec. 78-1124 Procedures for Floodway and Flood Fringe Determinations within
the General Flood Plain District. This Section establishes the minimum information
necessary for an applicant to provide and procedures for reviewing entities and agencies
to follow for determination of the regulatory flood protection elevation and
determination of whether the use is within the Floodway or Flood Fringe District.
DNISION 7. SUBDNISIONS
Sec. 78-1125 Review Criteria. This Section establishes criteria applicable to land
being subdivided.
Sec. 7&1126 Floodway/Flood Fringe Determinations in the General Flood Plain
District. This Section requires subdivision applicants to provide the information
required in Section 78-1124 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.
Sec. 78-1127 Removal of Special Flood Hazard Area Designation. T'his Section
identifies criteria for removing the special flood hazard designation for certain elevated
structures.
DIVISION 8. PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES
78-1128 Public UtiliNes. This Section requires that 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.
Page 5 of 7
78-1129 Public Transportation Facilities. This Section establishes standards for
flood protection for railroad tracks,roads and bridges.
78-1130 On-site Sewage Treatment and Water Supply Systems. This Section
establishes standards for flood protection of on-site sewage treatment and water
systems.
DNISION 9.PLACEMENT OF RECREATIONAL VEHICLES
Sec. 78-1131 Recreational Vehicles. This Section establishes floodproofing standards
and exemptions for the placement of recreational vehicles.
DNISION 10. ADMINISTRATION
Sec. 78-1132 Planning Director. This Section establishes the planning Director as
administrator of this Ordinance.
Sec. 78-1133 Permit Requirements. This Section establishes permit requirements
with regards to the following topics: (a) when is a permit required; (b) permit
application procedure; (c) applicability of State and Federal Permits; (d) Certificate of
Zoning Compliance for a New, Altered, or Nonconforming Use; (e) Construction and
Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of
Zoning Compliance; (fl Certification of final elevations; (g)Record of First Floor
Elevation; (h)Notifications for Watercourse Alterations. i)Notification to FEMA When
Physical Changes Increase or Decrease the 100-year Flood Elevation.
Sec. 7&1134 Appeals and Variances/Duties of the City Council. This Section
establishes rules and procedures for the review of requests for variance from the
provisions of this Ordinance.
Sec. 78-1135 Conditional Uses. This Section establishes rules and procedures for the
review of conditional use permit requests pursuant to the provisions of this Ordinance.
DNISION 11.NONCONFORMING USES
Sec. 78-1136 Nonconforming Uses. This Section establishes that 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 conditions established in Section 78-1136(1) — (6). Historic
structures, as defined in Section 78-1111(a)(22)(b) of this Ordinance, shall be subject to
the provisions of Sections 78-1136(1)—(5)of this Ordinance.
Page 6 of 7
. J
DNISION 12.PENALTIES FOR VIOLATION
Sec. 78-1137 Violations. T'his Section establishes that violation or noncompliance with
the provisions of this Ordinance shall constitute a misdemeanor.
Sec. 78-1138 Authority/Enforcement Actions.This Section establishes the procedures
and actions to be taken by the City in order to prevent or remedy any violation.
DNISON 13.AMENDMENTS
Sec. 78-1139 Floodplain Designation. This Section identifies the conditions under
which a floodplain designation may be removed.
Sec. 78-1140 Amendments. This Section requires FEMA and MnDNR approval of all
Official Floodplain Overlay District Map amendments.
Secs.78-1141—78-1210. Reserved.
SECTION 3: This Ordinance shall be published in THE PIONEER and THE LAKER
newspapers and shall become effective upon approval and publication.
Adopted by the City Council of Orono on this 23ra day of August, 2004 by a vote
of 4 ayes and 0 nays.
Barbara A. Peterson, Mayor
ATTEST:
G7�� ,° ' l/—,Q.R-
Linda S. Vee, City Clerk
Published in the Laker/Pioneer newspapers the week of August 28, 2004.
Page 7 of 7
ORDINANCE N0. 16, THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 78 OF
THE ORONO MUNICIPAL CODE BY
DELETING SECTIONS 78-1100 THROUGH 78-1176
AND BY ADDING NEW SECTIONS 78-1100 THROUGH 78-1140,
REGARDING FLOODPLAIN MANAGEMENT
The City Council of Orono ordains as follows:
SECTION 1: Municipal Zoning Code Chapter 78, Zoning Regulations, Article VIII,
Floodplain and Wetlands Management is hereby amended by repealing the Article title
and division headings, and Sections 78-1100 through 78-1176, in their entirety.
SECTION 2: Municipal Zoning Code Chapter 78, Zoning Regulations, Article VIII is
further amended by adding a new Article title, division headings and Sections 78-1100
through 78-1140 which are summarized as follows:
"ARTICLE VIII.
FLOODPLAIN MANAGEMENT
DNISION 1. STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE
Sec.78-1101 Statutory Authorization.
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
• Minnesota State Statute 462.357 delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore,the City Council of the City of Orono,
Minnesota does ordain as follows:
Sec.7&1102 Findings of Fact
(a) The flood hazard areas of the City of Orono,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 for flood
protection and relief, and impairment of the tax base,all of which adversely affect the public
health, safety, and general welfare.
(b) Methods Used to Analyze Flood Hazards. This Ordinance is based upon a
reasonable method of analyzing flood hazards which is consistent with the standards established
by the Minnesota Department of Natural Resources.
(c) National Flood Insurance Pro�am 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.
Page 1 of 24
Sec.78-1103 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 78-1102(a)by provisions contained
herein.
DIVISION 2. GENERAL PROVISIONS
Sec.78-1104 Lands to Which Ordinance Applies:
This Ordinance shall apply to all lands within the jurisdiction of the City of Orono shown
on the Official Floodplain Overlay District Map and/or the attachments thereto as being located
within the boundaries of the Floodway,Flood Fringe,or General Flood Plain Districts.
Sec.78-1105 Establishment of Official Floodplain Overlay District Map.
The Official Floodplain Overlay District 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
27053C0144E,27053C0165E, 27053CO284E, 27053CO285E, 27053CO292E, 27053C0301E,
27053C0302E,27053C0303, 27053C0304E,27053C0306E,27053C0307E,27053C0308E,
27053C0311E,27053C0312E,27053C0312E,27053C0316E for the City of Orono, dated
September 2,2004,as developed by the Federal Emergency Management Agency. The Official
Floodplain Overlay District Map shall be on file in the office of the Planning Director.
Sec.78-1106 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.
Sec.78-1107 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 Council 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 Floodplain Overlay District Map. Where interpretation is needed as to the exact
location of the boundaries of the district as shown on the Official Floodplain Overlay District
Map,as for example where there appears to be a conflict between a mapped boundary and actual
field conditions and there is a formal appeal of the decision of the Planning Director,the City
Council 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
Community 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 City Council and to submit technical evidence.
Sec.78-1108 Abrogation and Greater RestricNons
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.
Page 2 of 24
Sec.78-1109 Warning and Disclaimer of Liability
This Ordinance does not imply that areas outside the flood plain districts or land uses
permitted within such districts will be free from flooding or flood damages. This Ordinance shall
not create liability on the part of the City of Orono or any officer or employee thereof for any
flood damages that result from reliance on this Ordinance or any administrative decision lawfully
made thereunder.
Sec.7&1110 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.
Sec.78-1111 Definitions.
(a) 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.
(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) 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.
(3) 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:
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.
(4) 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.
(5) 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.
(6) Flood Frequency-the frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
(7) 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.
(8) 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.
Page 3 of 24
(9) 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.
(10) 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.
(11) Lake Minnetonka-Lake Minnetonka means the naturally occurring lake shown
on all the official maps referenced in this chapter,including all bays,channels,
inlets,lagoons,marshland and other water-connected portions,whether naturally
occurring or artificially created:
a. Defined ordinary high water elevation, 929.4 feet MSL.
b. Defined floodplain boundary, 100-year flood,931.5 feet MSL as
established by the Minnehaha Creek Watershed District(MCWD).
(12) 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.
(13) 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."
(14) 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.
(15) Principal Use or Structure-means all uses or structures that are not accessory
uses or structures.
(16) 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.
(17) 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
Article,the term recreational vehicle shall be synonymous with the term travel
trailer/travel vehicle.
Page 4 of 24
„
(18) Regional Flood-a flood which is representative of large floods lrnown 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.
(19) 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.
a. The regulatory flood protection elevation within the floodway and flood
fringe districts,except for Lake Minnetonka, shall be established by
adding 1.0 foot to the base flood water surface elevations within
floodway listed in the floodway data table contained in the flood
insurance study.Regulatory flood protection elevations between cross
sections shall be interpolated.
b. The regulatory flood protection elevation for Lake Minnetonka shall be
932.5 MSL.
c. The regulatory flood protection elevation within the general floodplain
district shall be calculated by a qualified registered professional engineer
in accordance with procedures set forth in this article.
(20) 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 78-1131(1)of this Ordinance
and other similar items.
(21) 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.
(22) 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.
Page 5 of 24
b. 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.
(23) 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.
DNISION 3. ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS
Sec.78-1112 Districts
(a) Floodway District. The Floodway District shall include those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 78-1105.
(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 78-1105 as being within Zone AE 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 Zone AE without a floodway on the Flood Insurance Rate
Map adopted in Section 78-1105.
Sec.78-1113 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 Divisions 4, 5 and 6 that follow,respectively, shall
be prohibited. In addition,a caution is provided here that:
(1) New manufactured homes,replacement manufactured homes and certain travel
trailers and travel vehicles are subject to the general provisions of this Ordinance
and specifically Division 9.
(2) Modifications, additions, structural alterations,normal maintenance and repair,or
repair after damage to existing nonconfornung structures and nonconforming
uses of structures or land are regulated by the general provisions of this
Ordinance and specifically Section 78-1136.
(3) 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 78-1133 of this
Ordinance.
Page 6 of 24
DIVISION 4. FLOODWAY DISTRICT(FV�
Sec.7&1114 Permitted Uses
(a) General farming,pasture,grazing, outdoor plant nurseries,horticulture,truck
farming, forestry, sod farming, and wild crop harvesting.
(b) Private and public golf courses,driving ranges, archery ranges,picnic grounds,
public 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.
(c) Residential lawns,gardens,parking areas,boat launching ramps, and play areas,
provided no filling, grading or hardcover is involved.
(d) Seasonally installed residential boat docks for single-family dwellings.
(e) Natural stone riprap shoreline protection.
(� Sand beach blankets meeting the requirements of the DNR regulation
6MCAR15021B.
Sec.78-1115 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) T'he use shall not obstruct flood flows or increase flood elevations and shall not
involve structures, fill,obsiructions, excavations or storage of materials or
equipment.
(d) The use shall be permitted within the floodway district to the extent that they are
not prohibited by any other provision of this Code and provided all permits or authorizations are
received as may be required by other provisions of this Code or regulation of other governmental
agencies having jurisdiction, including without limitation,the Minnesota Department of Natural
Resources,the Minnehaha Creek Watershed District,and the Lake Minnetonka Conservation
District.
(e) No use shall adversely affect the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or any other drainage facility or system.
Sec.78-1116 Conditional Uses
(a) Structures accessory to the uses listed in 78-1114 above and the uses listed in 78-
1116(a)
subsections 1 —8 below.
1. Extraction and storage of sand, gravel,and other materials.
2. Marinas,boat rentals, docks,piers,wharves,and water control structures.
Page 7 of 24
3. Railroads, streets,bridges,utility transmission lines, and pipelines.
4. Storage yards for equipment,machinery, or materials.
5. Placement of fill or construction of fences.
6. 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.
7. All other forms of shoreline protection,including wood,metal mortared
stone or concrete seawalls.
8. All permanent boat docks or other similar structures.
Sec.7&1117 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 78-1135 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, if approved to be
deposited or stored,deposited or stored in the flood plain shall be no
more than the minimal amount necessary to conduct a conditional use.
The 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(d)(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 Governing Body 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.
Page 8 of 24
4. All filling and grading activities shall be performed with only clean fill.
(e) Accessory Structures
1. Accessory structures shall not be designed for human habitation.
2. Accessory structures,if permitted, shall be constructed and placed on the
building site so as to offer the minimum obstruction to the flow of flood
waters:
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
b. 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:
a. 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;
b. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed; and
c. To allow for the equalization of hydrostatic pressure,there must
be a minimum of two"automatic"openings in the outside walls
of the sh-ucture 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.
(fl 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.
Page 9 of 24
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.
(g) Flood Control. 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. Community-wide structural works for flood control intended
to remove areas from the regulatory flood plain shall not be allowed in the floodway.
(h) A levee,dike or floodwall constructed in the floodway shall not cause an increase
to the 100-year or regional flood and the technical analysis must assume equal conveyance or
storage loss on both sides of a stream.
DNISION 5.FLOOD FRINGE DISTRICT(FF)
Sec.78-1118 Permitted Uses
(a) The uses listed in Section 78-1114 of this Ordinance shall be permitted uses.
(b) All other 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 78-1119 and the "Standards for all Flood Fringe Uses" listed in Section
78-1122.
Sec. 78-1119 Standards for Flood Fringe Permitted Uses
(a) All structures,including accessory structures,must be elevated on fill so that the
lowest floor including basement floor is at or above the regulatory flood protection elevation.
The finished fill elevation for structures shall be no lower than one(1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation at least fifteen(15)feet
beyond the outside limits of the structure erected thereon.
(b) As an alternative to elevation 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 78-1117(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 78-1119(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 78-1122 of this Ordinance shall apply.
Page 10 of 24
Sec.78-1120 Conditional Uses
Any structure that is not elevated on fill or flood proofed in accordance with Section 78-
1119(a)—(b)and or any use of land that does not comply with the standards in Section 78-
1119(c) and(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 78-
1121 —78-1122 and 78-1135 of this Ordinance.
Sec.78-1121 Standards for Flood Fringe Conditional Uses
(1) 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:
a. 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.
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. 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; and
2. 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.
Page 11 of 24
(2) Basements, as defined by Section 78-1111(a)(2)of this Ordinance, shall be
subj ect to the following:
a. Residential basement construction shall not be 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 flood
proofed in accordance with Section 78-1121(3)of this Ordinance.
(3) 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.
(4) 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.
(5) 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. 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.
(6) The provisions of Section 78-1122 of this Ordinance shall also apply.
Sec. 78-1122 Standards for All Flood Fringe Uses:
(a) All new principal structures must have vehicular access at or above an elevation
not more than two(2) feet below the regulatory flood protection elevation. If a variance to this
requirement is granted,the City Council must specify limitations on the period of use or
Page 12 of 24
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(4)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 78-1122(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 Floodplain Overlay
District Map.
(fl Standards for recreational vehicles are contained in Section 78-1131.
(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.
DNISION 6. GENERAL FLOOD PLAIN DISTRICT
Sec.78-1123 Permitted Uses
(a) The uses listed in Section 78-1114 of this Ordinance shall be permitted uses.
(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria
pursuant to Section 78-1124 below. Division 4 shall apply if the proposed use is in the Floodway
District and Division 5 shall apply if the proposed use is in the Flood Fringe District.
Sec.78-1124 Procedures for Floodway and Flood Fringe Determinallons within the General
Flood Plain District.
Page 13 of 24
(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 Planning Director for the determination of the regulatory flood
protection elevation and whether the proposed use is within the Floodway or Flood Fringe
District.
1. A typical valley cross-section(s) showing the channel of the stream,
elevation of land areas adjoining each side of the channel,cross-sectional
areas to be occupied by the proposed development,and high water
information.
2. Plan(surface view)showing elevations or contours of the ground,
pertinent structure, fill, or storage elevations,the size,location, and
spatial arrangement of all proposed and existing structures on the site,
and the location and elevations of streets.
3. Photographs showing existing land uses,vegetation upstream and
downstream,and soil types.
4. Profile showing the slope of the bottom of the channel or flow line of the
stream for at least 500 feet in either direction from the proposed
development.
(b) The applicant shall be responsible to submit one copy of the above information to
a designated engineer or other expert person or agency for technical assistance in determining
whether the proposed use is in the Floodway or Flood Fringe District and to determine the
regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983,
Parts 6120.5000 -6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this
expert evaluation. The designated engineer or expert is strongly encouraged to discuss the
proposed technical evaluation methodology with the respective Department of Natural Resources'
Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:
1. Estimate the peak discharge of the regional flood.
2. Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas.
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 0.5'shall be required if,as a result of the additional stage
increase, increased flood damages would result. An equal degree of
encroachxnent on both sides of the stream within the reach shall be
assumed in computing floodway boundaries.
(c) The Planning Director shall present the technical evaluation and fmdings of the
designated engineer or expert to the Governing Body. The Governing Body must formally accept
the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary
or deny the permit application. The Governing Body,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 City Council for review and comment. Once the
Page 14 of 24
Floodway and Flood Fringe District Boundaries have been determined,the Governing Body shall
refer the matter back to the Planning Director who shall process the permit application consistent
with the applicable provisions of Divisions 4 and 5 of this Ordinance.
DNISION 7. SUBDNISIONS
Sec.78-1125 Review Criteria
No land shall be subdivided which is unsuitable for the reason of flooding,inadequate
drainage,water supply or sewage treatrnent facilities. All lots within the flood plain districts shall
be able to contain a building site outside of the Floodway District at or above the regulatory flood
protection elevation. All subdivisions shall have water and sewage treatment facilities that
comply with the provisions of this Ordinance and have road access both to the subdivision and to
the individual building sites no lower than two feet below the regulatory flood protection
elevation. For all subdivisions in the flood plain,the Floodway and Flood Fringe District
boundaries,the regulatory flood protection elevation and the required elevation of all access roads
shall be clearly labeled on all required subdivision drawings and platting documents.
Sec. 78-1126 Floodway/Flood Fringe Determinations in the General Flood Plain District
In the General Flood Plain District, applicants shall provide the information required in
Section 78-1124 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.
Sec. 78-1127 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.
DIVISION 8. PUBLIC ITTILITIES,RAILROADS,ROADS,AND BRIDGES
78-1128 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.
78-1129 Public Transportation Facilities
Raikoad tracks,roads,and bridges to be located within the flood plain shall comply with
Divisions 4 and 5 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.
78-1130 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
Page 15 of 24
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.
DNISION 9. PLACEMENT OF RECREATIONAL VEHICLES
Sec.78-1131 Recreational Vehicles
Recreational vehicles that do not meet the exemption criteria specified in Section 78-
1131(1)below shall be subject to the provisions of this Ordinance and as specifically spelled out
in Section 78-1131 (3)below.
(1) Exemption-Recreational vehicles are exempt from the provisions of this
Ordinance if they are placed in any of the areas listed in Section(2)below and
further they meet the following criteria:
a. Have current licenses required for highway use.
b. 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.
c. The recreational vehicle and associated use must be permissible in any
pre-existing,underlying zoning use district.
(2) Areas Exempted For Placement of Recreational Vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
c. Existing condominium type associations.
(3) Recreational vehicles exempted in Section 78-1131(1)above 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 Divisions 4 and 5 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.
DNISION 10.ADMINISTRATION
Sec.78-1132 Planning Director
A Planning Director or designee shall administer and enforce this Ordinance. If the
Planning Director finds a violation of the provisions of this Ordinance the Planning Director shall
notify the person responsible for such violation in accordance with the procedures stated in
Section 78-1138 of the Ordinance.
Page 16 of 24
Sec.78-1133 Permit Requirements
(a) Permit Required. A Permit issued by the Planning Director 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
Planning Director on forms furnished by the Planning Director and shall include the following
where applicable: plans in duplicate drawn to scale, showing the nature,location,dimensions,
and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the
location of the foregoing in relation to the stream channel.
(c) State and Federal Permits. Prior to granting a permit or processing an application
for a conditional use permit or variance,the Planning Director 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 has been issued by the Planning Director staring
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 78-1138 of this Ordinance.
(� 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 Planning Director 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 floodplain. The Planning Director 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 Planning Director shall notify, in
riverine situations, adjacent communities and the Commissioner of the Department of Natural
Resources prior to the community authorizing any alteration or relocation of a watercourse. If the
Page 17 of 24
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 ofNatural
Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of
the Federal Emergency Management Agency(FEMA).
(i) Notification to FEMA When Physical Changes Increase or Decrease the 100-year
Flood Elevation. As soon as is practicable,but not later than six(6)months after the date such
supporting information becomes available,the Planning Director shall notify the Chicago
Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
Sec.78-1134 Appeals and Variances/Duties of the City Council
(a) Rules. The City Council shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such Bodies by State law.
(b) Administrative Review. The City Council 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 City Council 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
City Council shall clearly identify in writing the specific conditions that existed consistent with
the criteria specified in this Ordinance,any other zoning regulations in the Community,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 community 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 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.
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 City Council of an appeal from a decision of the
Planning Director, or an application for a variance,the City Council shall fix a reasonable time
for a hearing and give due notice to the parties in interest as specified by law. The City Council
shall submit by mail to the Commissioner of Natural Resources a copy of the application for
Page 18 of 24
proposed variances sufficiently in advance so that the Commissioner will receive at least ten days
notice of the hearing.
(e) Decisions. The City Council shall arrive at a decision on such appeal or variance
within 60 days. In passing upon an appeal,the City Council may, so long as such action is in
conformity with the provisions of this Ordinance,reverse or af�rm,wholly or in part,or modify
the order,requirement,decision or determination of the Planning Director 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 City Council may prescribe appropriate conditions and
safeguards such as those specified in Section 78-1135(6),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 78-1138. A copy of all decisions granting variances shall be forwarded
by mail to the Commissioner of Natural Resources within ten(10)days of such action.
(fl Appeals. Appeals from any decision of the City Council may be made,and as
specified in this community's official controls and also by Minnesota Statutes.
(g) Flood Insurance Notice and Record Keeping. The Planning Director 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 community shall maintain a record of all variance actions,
including justification for their issuance, and report such variances issued in its annual or biennial
report submitted to the Administrator of the National Flood Insurance Program.
Sec.78-1135 Conditional Uses.
The City Council shall hear and decide applications for conditional uses permissible
under this Ordinance. Applications shall be submitted to the Planning Director who shall forward
the application to City Council for consideration.
(1) Hearings. Upon filing with the City an application for a conditional use permit,
the City 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.
(2) Decisions. The City Council shall arrive at a decision on a conditional use within
60 days. In granting a conditional use permit the City Council shall prescribe
appropriate conditions and safeguards,in addition to those specified in Section
78-1135(6),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 78-1138. 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.
(3) Procedures to be followed by the City in Passing on Conditional Use Permit
Applications Within all Flood Plain Districts.
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a. Require the applicant to furnish such of the following information and
additional information as deemed necessary by the City for determining
the suitability of the particular site for the proposed use:
1. 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
2. Specifications for building construction and materials, flood
proofing, filling, dredging,grading, channel improvement,
storage of materials,water supply and sanitary facilities.
b. Transmit one copy of the information described in subsection(a)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.
c. Based upon the technical evaluation of the designated engineer or expert,
the 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.
(4) Factors Upon Which the Decision of the City Council Shall Be Based. In
passing upon conditional use applications,the City Council shall consider all
relevant factors specified in other sections of this Ordinance,and:
a. The 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 or they may block bridges,culverts or other
hydraulic structures.
c. The proposed water supply and sanitation systems and the ability of
these systems to prevent disease,contamination,and unsanitary
conditions.
d. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility to the
community.
£ The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for the
proposed use.
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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 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.
1. Such other factors which are relevant to the purposes of this Ordinance.
(5) 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 78-
1135(3)of this Ordinance. The City Council shall render a written decision
within 60 days from the receipt of such additional information.
(6) 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:
a. Modification of waste treatrnent and water supply facilities.
b. Limitations on period of use,occupancy, and operation.
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. 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.
DNISION 11.NONCONFORMING USES
Sec.7&1136 Nonconforming Uses
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 78-1111(a)(22)(b)of this Ordinance, shall be subject to the provisions of Sections 78-
1136(1)—(5)of this Ordinance.
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(1) No such use shall be expanded, changed, enlarged,or altered in a way that
increases its nonconformity.
(2) 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(3)and(6)below.
(3) 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
Community'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 Division 4 or 5 of
this Ordinance for new structures depending upon whether the structure is in the
Floodway or Flood Fringe District,respectively.
(4) 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 Planning Director in writing of instances of nonconforming uses that
have been discontinued for a period of 12 months.
(5) If any nonconforming use or structure is substantially damaged, as defined in
Section 78-1111(a)(21)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 Divisions 4, 5 or 6 will apply
depending upon whether the use or structure is in the Floodway,Flood Fringe or
General Flood Plain District,respectively.
(6) If a substantial improvement occurs, as defined in Section 78-1111(a)(22)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 Section 78-1136(2)above)
and the existing nonconforming building must meet the requirements of
Divisions 4 or 5 of this Ordinance for new structures, depending upon whether
the structure is in the Floodway or Flood Fringe District,respectively.
DNISION 12.PENALTIES FOR VIOLATION
Sec.78-1137 Violations
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.
Page 22 of 24
Sec. 78-1138 Authority/Enforcement Actions
Nothing herein contained shall prevent the City of Orono from taking such other lawful
action as is necessary to prevent or remedy any violation. Such actions may include but are not
limited to:
(1) In responding to a suspected Ordinance violation,the Planning Director and
Local Government 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.
(2) When an Ordinance violation is either discovered by or brought to the attention
of the Planning Director,the Planning Director 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 Community's plan of action
to correct the violation to the degree possible.
(3) The Planning Director shall notify the suspected pariy 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 Planning Director may order the construction or
development immediately halted until a proper permit or approval is granted by
the Community. If the construction or development is already completed,then
the Planning Director 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
pariy to apply for an after-the-fact permit/development approval within a
specified period of time not to exceed 30-days.
(4) If the responsible party does not appropriately respond to the Planning Director
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 Planning Director 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.
DNISON 13.AMENDMENTS
Sec. 78-1139 Floodplain Designation
The flood plain designation on the Official Floodplain Overlay District 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.
Page 23 of 24
Sec.78-1140 Amendments
All amendments to this Ordinance,including amendments to the Of�cial Floodplain
Overlay District Map,must be submitted to and approved by the Commissioner of Natural
Resources prior to adoption. Changes in the Official Floodplain Overlay District 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.
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."
SECTION 2: This Ordinance shall be published in THE PIONEER and THE LAKER
newspapers and shall become effective upon approval and publication.
Adopted by the City Council of Orono on this 23ra day of August, 2004 by a vote
of 4 ayes and 0 nays.
Barbara A. Peterson, Mayor
ATTEST:
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Linda S. Vee, City Clerk
Published in the Laker/Pioneer newspapers the week of August 28, 2004.
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