|
|
City Code
Section 850.21 - Floodplain Overlay District (FD).
850.21
General Flood Plain District (FD).
Subd. 1. Statutory
Authorization, Findings Of Fact And Purpose
A. 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
Council does adopt this Subsection 850.21
B. Findings of Fact. In addition to the
findings set forth in Subsection 850.01 of this Code, its is hereby
further found and declared that:
1. The flood hazard areas of the City 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.
2. Methods Used to Analyze Flood Hazards.
This Subsection is based upon a reasonable method of analyzing flood
hazards, which is consistent with the standards established by the
Minnesota Department of Natural Resources.
3. National Flood Insurance Program
Compliance. This Subsection 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.
C. Statement of Purpose: It is the purpose
of this Subsection 850.21 to promote the public health, safety, and
general welfare and to minimize those losses described in Subd. 1. of
Paragraph B. of Subd. 1 of this Subsection 850.21 by provisions contained
herein.
Subd. 2. Definitions. The words and phrases
used in this Subsection 850.21 shall be interpreted so as to give them the
same meaning as they have in common usage and so as to give this
subsection its most reasonable application. However, they shall be
subject to the rules of construction and definitions in Subsection 850.03
and, to the extent defined below shall have the following meanings for
purposes of this Subsection
Accessory Use or Structure. As
defined in Subsection 850.03.
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. This definition shall apply only to this Subsection 850.21
and for purposes of this Subsection, this definition shall control over
the definition in Subsection 850.03.
Conditional
Use. As defined in Subsection 850.03.
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.
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.
Flood Frequency. The frequency for
which it is expected that a specific flood stage or discharge may be
equaled or exceeded.
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 for the City
developed by the Federal Emergency Management Agency.
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.
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.
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.
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.
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.”
Map. The Official Flood Plain Zoning
Map described in Subd. 3 of this Subsection 850.21.
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.
Principal Use or Structure. Means all
uses or structures that are not accessory uses or structures.
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.
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
Subsection, the term recreational vehicle shall be synonymous with the
term travel trailer/travel vehicle.
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
the Flood Insurance Study prepared for the City.
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.
Structure. As defined in Subsection
850.03.
Substantial Damage. 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.
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 an “historic
structure,” provided that the alteration will not preclude the structure’s
continued designation as an “historic structure.” For the purpose of this
Subsection, “historic structure” shall be as defined in Code of Federal
Regulations, Part 59.1.
Variance. Means a modification of a
specific permitted development standard required by any section of this
Code, including this Subsection 850.21, to allow an alternative
development standard not stated as acceptable in the applicable section of
this Code, but only as applied to a particular property for the purpose of
alleviating an undue hardship, as defined and elaborated upon in
Subsection 850.04.
Subd. 3. General
Provisions
A. Lands to Which Subsection Applies: This
Subsection shall apply to all lands within the jurisdiction of the City
shown on the Official Floodplain Zoning Map (hereinafter described) and/or
the attachments thereto as being located within the boundaries of the
Floodway, Flood Fringe, or General Flood Plain Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite
copy of which, reduced in size, is appended to this Code, together with all
materials attached thereto is hereby adopted by reference and declared to be a
part of this Subsection 850.21. 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 27053C0342E,
27053C0344E, 27053C0362E, 27053C0363E, 27053C0364E, 27053C0432E, 27053C0451E,
AND 27053C0452E for the City, dated September 2, 2004, as developed by the
Federal Emergency Management Agency and Panel 27053C0361E dated September 28,
2007. The Maps shall be on file in the office of the Planner.
C. 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.
D. Interpretation:
1. In their interpretation and application,
the provisions of this Subsection 850.21 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
applicable ordinances or state law.
2. The boundaries of the zoning districts
shall be determined by scaling distances on the Map. Where interpretation
is needed as to the exact location of the boundaries of the district as
shown on the 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 Planner, the Board 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 and to submit technical evidence.
E. Abrogation and Greater Restrictions: It
is not intended by this Subsection 850.21 to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where
this Subsection imposes greater restrictions, the provisions of this
Subsection shall prevail.
F. Warning and Disclaimer of Liability:
This Subsection 850.21 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 Subsection shall not create liability on
the part of the City or any officer or employee thereof for any flood
damages that result from reliance on this Subsection or any City action
taken or administrative Board, Commission or Council decision lawfully
made thereunder.
G. Other Zoning Districts and Provisions:
The inclusion of land within the General Flood Plain District shall not
change or affect, in any way, the uses allowed on, and the restrictions
and requirements then or thereafter applicable to, the land under any
other zoning classification in which the land is then or thereafter
located, all of which shall continue to apply, but the additional
restrictions of the General Flood Plain District shall also apply to such
land. Where the provisions in this Subsection 850.21 are inconsistent
with or contradictory to the provisions in any other section of this Code,
then the most stringent provisions shall apply and be complied with.
H. Severability: If any section, clause,
provision, or portion of this Subsection is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this
Subsection shall not be affected thereby.
Subd. 4. Establishment
Of Zoning Districts
A. Districts.
1. Floodway District (FW). The Floodway
District shall include those areas designated as floodway on the Map.
2. Flood Fringe District (FF). The Flood
Fringe District shall include those areas designated as floodway fringe.
The Flood Fringe District shall include those areas shown on the Map as
being within Zone AE, Zone A0, or Zone AH but being located outside of the
floodway.
3. General Flood Plain District (FD). 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 Map.
B. 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 Subsection and other applicable regulations which apply
to uses within the jurisdiction of this Code. Within the Floodway
District, Flood Fringe District and General Flood Plain District, all uses
not listed as permitted uses or conditional uses in Subds. 5, 6 and 7 of
this Subsection 850.21, shall be prohibited. In addition, a caution is
provided here that:
1. New manufactured homes and replacement
manufactured homes are subject to the general provisions of this Section
850 and specifically Subd. 10 of this Subsection 850.21.
2. 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 Section 850 and
specifically Subd. 12 of this Subsection 850.21.
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 Code
and specifically as stated in Subd. 11 of this Subsection 850.21.
4. Mobile homes and mobile home parks, and
recreational vehicles are prohibited in the Floodway District (FW).
Subd. 5 Floodway District (FW)
A. Permitted Uses. The following uses are
permitted in the Floodway District if they comply with the standards set
out in paragraph B. of this Subd. 5:
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. 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.
4. Residential lawns, gardens, parking
areas, and play areas.
B. Standards for Floodway District Permitted
Uses.
1. The use shall be a permitted use in the
underlying zoning district established by this Subsection 5.
2. The use shall have a low flood damage
potential.
3. The use shall be permissible in the
underlying zoning district if one exists.
4. 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.
C. Conditional Uses. The following uses are
conditional uses in the Floodway District and shall be allowed only if
they comply with the standards set out in paragraph D. of this Subd. 5 and
then only pursuant to the issuance of a conditional use permit.
1. Structures accessory
to the uses listed in paragraph A above and the uses listed in
subparagraphs 2-7 below.
2. Extraction and
storage of sand, gravel, and other materials.
3. Marinas, boat
rentals, docks, piers, wharves, and water control structures.
4. Railroads, streets,
bridges, utility transmission lines, and pipelines.
5. Storage yards for
equipment, machinery, or materials.
6. Placement of fill or
construction of fences.
7. 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.
D. Standards for Floodway District
Conditional Uses:
1. 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.
2. All floodway conditional uses shall be
subject to the procedures and standards contained in paragraph D. of Subd.
11 of this Subsection 850.21.
3. The conditional use shall be
permissible in the underlying zoning district established by this Section
850.
4. Fill:
a. 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.
b. 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.
c. as an alternative,
and consistent with subparagraph b. 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 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 filed for record against the property
in the Hennepin County real estate records.
5. Accessory Structures:
a. Accessory
structures shall not be designed for human habitation.
b. 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:
(i) Whenever possible, structures shall be
constructed with the longitudinal axis parallel to the direction of flood
flow; and
(ii) So far as practicable, structures shall
be placed approximately on the same flood flow lines as those of adjoining
structures.
c. 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
Building Code. As an alternative, an accessory structure may be flood
proofed to the FP-3 or FP-4 flood proofing classification in the 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:
(i) 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;
(ii) Any mechanical and utility equipment in a
structure must be elevated to or above the regulatory flood protection
elevation or properly flood proofed; and
(iii) 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.
6. 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 Planner.
7. 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.
8. 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.
Subd. 6 Flood Fringe District (FF)
A. Permitted Uses: Permitted uses shall be
those uses of land or structures listed as permitted uses in the
underlying zoning use districts established by this Section 850. All
permitted uses shall comply with the standards listed in paragraphs B. and
E. of this Subd. 6.
B. Standards for Flood Fringe District
Permitted Uses:
1. 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.
2. 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 part c. of subparagraph 5. of paragraph D. of
Subd. 5 of this Subsection 850.21.
3. 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 subparagraph 1. of paragraph B. of this Subd. 6.
4. The storage of any materials or equipment
shall be elevated on fill to the regulatory flood protection elevation.
5. The provisions of paragraph E. of this
Subd. 6 shall apply.
C. Conditional Uses: Any structure that is
not elevated on fill or flood proofed in accordance with subparagraphs 1.
and 2. of paragraph B. of this Subd. 6 and or any use of land that does
not comply with the standards in subparagraphs 3. and 4. of paragraph B.
of this Subd. 6 shall only be allowable as a conditional use and then only
if pursuant to the issuance of a conditional use permit. An application
for a conditional use shall be subject to the standards and criteria and
evaluation procedures specified in paragraphs D. and E. of this Subd 6 and
paragraph D. of Subd. 11 of this Subsection 850.21.
D. Standards for Flood Fringe District
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 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:
(i) A minimum area of automatic 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
(ii) That the enclosed area will be designed
of flood resistant materials in accordance with the FP-3 or FP-4
classifications in the Building Code and shall be used solely for building
access, parking of vehicles or storage.
2. Basements shall be subject 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 subparagraph
3. of paragraph D. of Subd 6 of this Subsection.
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 Building Code. Structurally dry
flood proofing must meet the FP-1 or FP-2 flood proofing classification in
the 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 to the
Planner. 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 Planner. 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 Governing Body.
6. The provisions of paragraph E. of Subd. 6
of this Subsection shall also apply.
E. Standards for All Flood Fringe District
Uses.
1. 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 Board 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.
2. Accessory commercial uses of land, 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.
3. For 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 subparagraph 2. of paragraph
E. 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.
4. 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.
5. 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 Map.
6. Standards for recreational vehicles are
contained in Subsection 1046.03 and shall apply in the Flood Fringe (FF).
7. 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.
8. No use shall be allowed as a permitted or
conditional use unless such use has received all required approvals from
all other governmental bodies having jurisdiction.
Subd. 7. General Flood Plain District (FD)
A. Permissible Uses. The following uses are
permitted in the General Flood Plain District:
1. The uses listed in paragraph A. of Subd 5
of this Subsection 850.21 shall be permitted uses.
2 All other uses shall be subject to the
floodway/flood fringe evaluation criteria pursuant paragraph B. below.
Subd. 5 of this Subsection 850.21 shall apply if the proposed use is in
the Floodway District and Subd. 6 of this Subsection 850.21 shall apply if
the proposed use is in the Flood Fringe District.
B. Procedures for Floodway District and
Flood Fringe District Determinations Within the General Flood Plain
District.
1. 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 Planner for the determination of the
regulatory flood protection elevation and whether the proposed use is
within the Floodway District or Flood Fringe District.
a. 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.
b. 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.
c. Photographs showing existing
land uses, vegetation upstream and downstream, and soil types.
d. 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.
2. 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
District 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:
a. Estimate the peak discharge of the
regional 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 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.
3. The Planner shall present the technical
evaluation and findings of the designated engineer or expert to the
Council. The Council must formally accept the technical evaluation and
the recommended Floodway District and/or Flood Fringe District boundary or
deny the permit application. The 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 Council shall refer
the matter back to the Planner who shall process the permit application
consistent with the applicable provisions of Subds. 5 and 6 of this
Subsection.
Subd. 8
Subdivisions.
A.
Review Criteria: No land shall be platted or subdivided, as defined
in Section 810 of this Code, which is unsuitable for the reason of
flooding, inadequate drainage, water supply or sewage treatment
facilities. All lots within the General Flood Plain District 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 Subsection 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 District 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.
Floodway/Flood Fringe Determinations in the General Flood Plain
District: In the General Flood Plain District, applicants shall
provide the information required in paragraph B. of Subd. 7 of this
Subsection 850.21 to determine the 100-year flood elevation, the
Floodway District and Flood Fringe District boundaries and the
regulatory flood protection elevation for the subdivision site.
Removal of Special Flood Hazard Area Designation: The Federal
Emergency Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compaction
and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard
area designation will be requested.
Subd. 9
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 flood
plain shall be flood proofed in accordance with the Building Code or
elevated to above the regulatory flood protection elevation.
B.
Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the flood plain shall comply with Subd. 5 and 6
of this Subsection 850.21. 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.
C.
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 Subsection 850.21.
Subd. 10
Manufactured Homes.
A. The
placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are
located in flood plain districts will be treated as a new structure
and may be placed only if elevated in compliance with Subd. 6 of this
Subsection 850.21. If vehicular road access for pre-existing
manufactured home parks is not provided in accordance with
subparagraph 1. of paragraph E. of Subd. 6 of this Subsection 850.21,
then replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan acceptable
to the Governing Body.
B. 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.
11 Administration
A.
Planner: The Planner shall administer and enforce this Subsection.
If the Planner finds a violation of the provisions of this Subsection
the Planner shall notify the person responsible for such violation in
accordance with the procedures stated in Subd. 13 of the Subsection
850.21.
B.
Permit Requirements:
1.
Permit Required. A permit issued by the Planner in conformation
with the provisions of this Subsection 850.21 shall be obtained
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.
2
Application for Permit. Application for a permit shall be made in
duplicate to the Planner on forms furnished by the Planner 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.
3.
State and Federal Permits. Prior to granting a permit or processing
an application for a conditional use permit or variance, the Planner
shall determine that the applicant has obtained all necessary state
and federal permits.
4.
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 Planner stating that the use of the
building or land conforms to the requirements of this Subsection.
5.
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 Subsection, and
punishable as provided by Subd. 13 of this Subsection 850.21.
6.
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 Subsection. Flood proofing measures shall be
certified by a registered professional engineer or registered
architect.
7.
Record of First Floor Elevation. The Planner 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 Planner shall also maintain a
record of the elevation to which structures or alterations and
additions to structures are flood proofed.
8.
Notifications for Watercourse Alterations. The Planner 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 applicant has applied for a permit to work in
the beds of public waters pursuant to Minnesota Statute, Chapter
103G, this shall suffice as adequate notice to the Commissioner of
Natural Resources. A copy of said notification shall also be
submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
9.
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 Planner shall notify the Chicago Regional
Office of FEMA of the changes by submitting a copy of said technical
or scientific data.
C. Board
of Approvals:
1.
Rules. The Board shall adopt rules for the conduct of business and
may exercise all of the powers conferred on such Board by State law.
2.
Administrative Review. The Board 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 Subsection, and all requests
for variances in connection with this Subsection 850.21, in the same
manner, including notices, as it hears and decides appeals and
requests for variances under Subsection 850.04, except as otherwise
provided herein.
3.
Variances. The Board may authorize variances from the terms of this
Subsection only in the event that strict enforcement of the literal
provisions of this Subsection 850.21 will cause undue hardship
because of circumstances unique to the individual property under
consideration and only if the action will be in keeping with the
spirit and intent of this Subsection 850. Undue hardship shall have
the same meaning and shall be interpreted in the same way, as in
Subd. 1 of Subsection 850.04. In the granting of such variance, the
Board shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in this Subsection
850.21 and Section 850.04, 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:
a.
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.
b.
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 Subsections.
c.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
4.
Hearings. Upon filing with the Board of an appeal from a decision
of the Planner, or an application for a variance, the Board shall
hold a hearing therein as provided in Subd. 1 of Subsection 850.04.
The Board 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.
5.
Decisions. The Board shall arrive at a decision on such appeal or
variance as provided in Subd. 1 of Subsection 850.04. In passing
upon an appeal, the Board may, so long as such action is in
conformity with the provisions of this Subsection, reverse or
affirm, wholly or in part, or modify the order, requirement,
decision or determination of the Planner or other public official.
It shall make its decision in writing setting forth the findings of
fact and the reasons for its decisions. In granting a variance the
Board may prescribe appropriate conditions and safeguards such as
those specified in subparagraph 6 of paragraph D of Subd. 11 of this
Subsection 850.21, which are in conformity with the purposes of this
Subsection. 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 Subsection 850.21 punishable under Subd.
13 of this Subsection 850.21. 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.
6.
Appeals. Appeals from any decision of the Board may be made, and as
specified in Subd. 1 of Subsection 850.04.
7.
Flood Insurance Notice and Record Keeping. The Planner 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.
D.
Conditional Uses.
1.
Notice to Commissioner. Upon filing with the City of 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.
Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make
its recommendation to the Council, in the same manner, including
notices, as it hears and reviews applications for conditional use
permits under Subsection 850.04.
3.
Council. The Council shall hear all requests for conditional use
permits under this Subsection 850.21, and shall make its decision
thereon, in the same manner, including notices, and subject to the
same requirements and conditions, as it hears and decides upon
applications for conditional use permits under Subsection 850.04.
In granting a conditional use permit the City Council shall
prescribe appropriate conditions and safeguards, in addition to
those specified in subparagraph 6. of paragraph D. of Subd. 11 of
this subsection, which are in conformity with the purposes of this
Subsection. 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 Subsection punishable
under Subd. 13 of this Subsection. 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.
4.
Procedures to be followed by the City Council in Passing on
Conditional Use Permit Applications Within all Flood Plain
Districts.
a.
Require the applicant to furnish such of the following information
and additional information as deemed necessary by the City Council
for determining the suitability of the particular site for the
proposed use:
(i)
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
(ii)
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 subpararaph 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 Council shall determine the specific flood hazard at
the site and evaluate the suitability of the proposed use in
relation to the flood hazard.
5.
Factors Upon Which the Decision of the Council Shall Be Based. In
passing upon conditional use applications, the Council shall
consider all relevant factors specified in other sections of this
Subsection 850.21, 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.
f.
The requirements of the facility for a waterfront location.
g.
The availability of alternative locations not subject to flooding
for the proposed use.
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.
l.
Such other factors which are relevant to the purposes of this
Subsection.
6.
Conditions Attached to Conditional Use Permits. Upon consideration
of the factors listed above and the purpose of this Subsection
850.21, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill
the purposes of this Subsection 850.21. 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.
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 Building Code and
this Subsection. 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.
Subd.
12. Nonconforming Uses.
A. A
structure or the use of a structure or premises which was lawful
before the passage or amendment of this Subsection but which is not in
conformity with the provisions of this Subsection may be continued
subject to the following conditions. Historic structures, as defined
in Subd. 2 of this Subsection 850.21 shall be subject to the
provisions of subparagraphs 1. – 5. of paragraph A. of Subd. 12 of
this Subsection 850.21.
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 Building Code,
except as further restricted in subparagraphs 3. – 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 Subd. 5 and 6 of this
Subsection 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 l2 consecutive months, any
future use of the building premises shall conform to this
Subsection. The Assessor shall notify the Planner in writing if
aware of instances of nonconforming uses that have been discontinued
for a period of l2 months.
5. If
this is substantial damage to any nonconforming use or structure, it
shall not be reconstructed except in conformity with the provisions
of this Subsection 850.21. The applicable provisions for
establishing new uses or new structures in Subd. 5, 6 and 7 of this
Subsection 850.21 will apply depending upon whether the use or
structure is in the Floodway District, Flood Fringe District or
General Flood Plain District, respectively.
6. If
a substantial improvement occurs 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 subparagraph 2 above) and the
existing nonconforming building must meet the requirements of Subd.
5 and 6 of this Subsection 850.21 for new structures, depending upon
whether the structure is in the Floodway or Flood Fringe District,
respectively.
Subd.
13 Penalties For Violation
A. The
provisions, penalties and remedies set out in Subsection 850.04 shall
apply to any violation of the provisions of this Subsection 850.21.
B.
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:
1. In
responding to a suspected violation of this Subsection 850.21, the
Planner and City 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
violations of this Subsection 850.21 to the extent possible so as
not to jeopardize its eligibility in the National Flood Insurance
Program.
2.
When a violation of this Subsection 850.21 is either discovered by
or brought to the attention of the Planner, the Planner 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.
3. The
Planner shall notify the suspected party of the requirements of this
Subsection 850.21 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
Planner 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
Planner 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.
4. If
the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses
shall constitute an additional violation of this Subsection and
shall be prosecuted accordingly. The Planner 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 Subsection.
Subd.
14 Amendments
A. The
flood plain designation on the 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.
B. All
amendments to this Subsection, including amendments to the Map, must
be submitted to and approved by the Commissioner of Natural Resources
prior to adoption. Changes in the 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 Subsection and said notice shall
include a draft of the amendment to this Subsection 850.21 or
technical study under consideration.
History: Ord. 825 adopted 3-07-84 and
repealed Ord. 811 and 816; 825-A1 not published; amended by 825-A2
1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-86,
825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825-A10 not granted;
825-A11 9-2-87, 825-A12 12-24-86; 825-A13 referred to staff--Council
minutes 1-16-87; amended by 825-A14 12-24-86, 825-A15 2-11-87, 825-A16
2-11-87; 825-A17 not developed; 825-A18 9-2-87, 825-A19 5-27-87, 825-A20
4-29-89; 825-A21 not developed; 825-A22 3-23-88; 825-23 referred to
Planning Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26
8-24-88; 825-A27 10-30-91; amended by 825-A28 5-03-89, 825-A29 5-03-89,
825-A30 12-13-89, 825-A31 10-25-89, 825-A32 12-20-89, 825-A33 1-31-90,
825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90; 825-A37 reconsidered;
825-A38 11-28-90. Amended by Ord. 850-A1 3-3-93; Ord 850-A2 6-30-93;Ord
850-A3 8-2-93; Ord. 1993-10 8-16-93; Ord 850-A4 8-15-94; Ord 850-A5
9-19-94; Ord. 1995-6 8-7-95; Ord. 1995-10 12-04-95; Ord 1995-9 2-5-96; Ord
850-A7 5-20-96; Ord 1996-2 9-16-96;Ord 850-A8, 12-16-9; Ord 1997-2
2-18-97; Ord 850-A9, 4-21-97; Ord 850-A10, 4-21-97; Ord 850-A11, 7-7-97;
Ord 850-A12, 9-15-97; Ord 1997-11 11-5-97; Ord 850-A13, 2-17-98; Ord
850-A14, 5-18-98; Ord 850-A15, 9-22-98; Ord 1999-11, 11-16-99; Ord
850-A16, 2-15-00; Ord 2000-4, 2-15-00; Ord 850-A17 4-18-00; Ord 850-A18
7-5-00; Ord 2000-7 7-5-00;Ord 850-A19 16-00; Ord 850-A20 6-19-01; Ord
850-A21 6-19-01; Ord 2001-03, 6-19-01; Ord 2001-7 10-3-01; Ord No. 850-A22
3-19-02; Ord No. 2002-03, 6-18-02; Ord 2002-06 9-27-02; 2003-03 2-4-03;
Ord 2003-06, 6-3-03; Ord 2004-7,
5-18-04; Ord. 2004-11, 8-17-04; Ord
2005-03 5-3-05; Ord 2005-06 6-21-05; Ord 2006-01, 03-06-06; Ord
2007-03, 02-20-07; Ord 2007-08 06-01-07; Ord 2007-09, 05-05-07; Ord 2007-12,
06-19-07; Ord 2007-13, 06-19-07; Ord 2007-16, 12-4-07; Ord 2007-17, 11-20-07
Reference: M.S. 103F, 429, 462, 469.001 to
469.047
Cross-Reference: Sections 185, 705, 1045,
1310, 1345, 1405
Note: 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 initiation of site preparation if a change of
special flood hazard area designation will be requested.
|
|
