03-241Councif File # D3-a � /
Ordinance #
Green Sheet # 204615
Presented By
Referred To
Committee: Date
An ordinance amending Chapter 65 of the Saint Paul Legislative
Code pertaining to zoning for the City of Saint Paul with changes to the
River Corridor Chapter and corresponding overlay zoning district maps.
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WHEREAS, the Mississippi River Corridor Plan adopted by the City Council on 7anuary 9, 2002,
recommends review and revision of the River Corridor Chapter of the zoning ordinance and corresponding
overlay zoning district maps; and
WHEREAS, the Department of Planning and Economic Development (PED) initiated a Flood Insurance
Study (FIS) in the fall of 2001 for the purpose of updating the City's Flood Insurance Rate Map (FIRM)
floodway and flood fringe boundaries; and
WHEREAS, after complerion of the FIS, the City was notified by the Federal Emergency Management
Agency (FEMA) on May 31, 2002, of proposed modifications of flood elevation determinations affecting the
FIRM, and on June 21, 2002, FEMA published a notice of proposed Base (1 % annual chance) Flood
Elevations (BFEs) in the Saint Paul Pioneer Press; and
WfTEREA5, the statutory 90-day period for appeal of BFE determinations expired on September 19, 2002,
and no valid requests for appeal of BFEs were received by FEMA; and
WHEREAS, on October 2, 2002, FEMA notified the City that the modified BFEs and revised FIRM map
panels are effective as of Apri12, 2003, and that prior to Apri12, 2003, the City is required, as a condition of
continued eligibility in the National Flood Insurance Program, to adopt the new maps along with revisions to
Saint Paul floodplain regulations to meet current FEMA standards; and
WHEREAS, the attached revisions to the River Corridor chapter of the Zoning Code have been drafted with
assistance from staff at the Minnesota Department of Natural Resources (DNR) to meet current FEMA
standards; and
WHEREAS, on February 13, 2003, a notice of public hearing was published in the Saint Paul Legal Ledger,
and, on February 28, 2002, the Planning Commission held a public hearing at which all persons present were
given an opporiunity to be heard in accordance with the requirements of §64300 of the Saint Paul Legislative
Code; and
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WHEREAS, on February 28, 2003, the Planving Commission recoxnmended approval of the revisions to the
River Corridor Chapter of the zoning ardinance and corresponding overlay zoning dishict maps; and
WI�REAS, notice of a public hearing before the City Council on the revisions to the River Corridor Chapter
of the zoning ordinance and corresponding overlay zoning district maps was published in the Saint Paul L,egal
Ledger on February 24, 20Q3; and
WHEREAS, a public hearing before the Cily Council having been oonducted on Mazch 5, 2003, at which all
interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendations concerning the revisions of the River Corridor Chapter of the zoning ordinance and
corresponding overlay zoning district maps ; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, River Corridor Overlay Zoning District, Sheet Numbers,
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20, and 21, as incorporated byreference in Section 65.102(b)
of the Saint Paul Legislative Code, as amended, is hereby fiirther amended as shown on the map attached to
this ordinance:
Section 2.
That Saint Paul Legislative Code Chapter 65 be changed to Chapter 68 and be amended to read as follows:
Chapter 685. Zoning Code - River Corridor Overlay Disfricts*
*Editor's note—Tlus chapter is derived from the following ordinances:
70 oxa. No.
71 16876
72 16931
73 16956
74 17116
75 17502
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Sec.
1
Page 2
Date
1-28-82
6-15-82
9- 9-82
3-22-84
10-13-87
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79
80 ARTICLE I. 685 =100. GENERAI, PROVISIONS -
81
82 Sec. 685.101. Intent and purpose.
83
84 (a) The River Corridor Overlay District and its subclassificarions, RC=1, RC=2, RC3 and RC=4, are map
85 overlay districts, designed to provide comprehensive floodplain and river bluffmanagement for the City of
86 Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 103# and 116G), Minuesota
87 Regulations (MEQC 54) and Governor's Executive Order No. 79-19.
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89 (b) It is the purpose of this chapter:
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91 (1) To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the
92 benefit of the health, safety and welfare of the citizens of the city and the state;
93
94 (2) To prevent and mitigate irreversible damage to the Mississippi River Corridar;
95
96 (3) To protect and preserve the Mississippi River Corridor as an essential element in the federal, state,
97 regional and local recreation, transportation, sewer and water systems;
98
99 (4) To ma3ntain the River Corridar's value and utility for residential, commercial, industrial and public
100 purposes;
101
102 (5) To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological
103 functions;
104 .
105 (6) To preseroe and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and
106 historic functions;
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108 (7) To guide development of the floodplain so as to minimize loss of life, threats to health, and private
109 and public economic loss caused by flooding; and
110
1 ll (8) To guide floodpiain development in order to lessen the adverse effects of floods, but not to reduce
112 or eliminate flooding.
113
114 (Ord. No. 16876, 1 Oxd. No. 16931, 6 Ord. No. 17116, 3 C.F. No. 91 § 6, 5
115
116 Sec. 685.102. Establishment.
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118 (a) This ardinance shall appiy to all lands within the City of Saint Paul shown on the river corridor overlay
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123 (b)
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135 (o)
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zoning district maps as being located within the boundaries of the RC=1 River Corridor Floodway District,
RC=2 River CorridorFlood FringeDistrict, RC3 River CorridorUrban Open Space District and RC=4 River
Corridor Urban Diversified Dishict.
The twer�fq=ane-(zi� river comdor overlay zoning district maps accompanying this river corridor code ;
dxt�;d�iy-6�9$-?, together with all matters attached thereto, are hereby adopted by reference and made a
part of this Ecode as if the matters and information set forth therein were fully described herein. The
attached material shall include:
(1) The Flood Insurance Study for the City of Saint Paul prepazed by the Federal �nsm�nee
�ristr$tian Emergency Management Agency (FEMA), dated r°ct�Apri12, 2003; and
(2) The Flood Insurance Rate Map, dated , , , Apri12, 2003.;�
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The RCl Floodway Distriot ,shail include those areas designated as floodway and Zone. AE witkout a
floodwaydesignationontfieFloodTnsnranceRate.Map. TheRC2Flood�ringeDistrictshall��includetkas�
areas-deslgnated as Zone AE and'oritside ofthe floodway on the F1ood Rate Map.
139 (de) Within these districts all uses not allowed as permitted uses or as permitted uses subject to special
140 condirions shall be and are hereby prohibited. Legal nonconforming shuctures or uses existing on the
141 effective date of this chapter or amendment thereto will be pemutted to continue as provided in section
142 62.102 and section 65.900.
143
144 (Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ozd. No. 17116, 3-22-84; Ord. No. 17502, § 1, 10-13-87; C.F. No. 91-531, §§ 7,
145 s, 5-6-93)
146
147 Sec. 685.103. Compliance.
148
149 (a) Permit required. A permitissued:by the zosting administsator=in: confarmance:with the pravisions b€ this
150 ordinance shall be se�tuedp�iar to the-erection� addition or�alteration of;an� bailding�, shvi�e, orpnrtian
151 tllereof;:prior to the use or change of use of a building, structure.or land;:priqr tn the change or extens'fon
152 of a nonconforniing� use; and :priar. fo the placeme�t. of f ll excavation of materials;: ar #he stor�ge of
153 materials or equipment within`fhe flood plain.
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155 (ba) Compliance of uses or occupations required. No use or occupation of any lands, for any purpose
156 whatsoever, shall hereafter be permitted within the River Corridor District without full compliance with the
157 terms of this chapter and other applicable laws.
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159 (cb) Compliance of structures, fi11, etc. No structure, fill, material or object shall hereafter be placed on or
160 removed from lands within the River Corridor Dish and no structures or other object shall hereafter be
161 located, used, constructed, extended, converted or altered within the district without full compliance with
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162 this chapter and other applicable laws.
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164 (de) Submission of site plan. A site plan shall be submitted to and approved by the planuing commission in
165 accordance with section 62.108 before a pernrit is issued for any development on property wholly or
166 partially located within the River Corridor District. For any development in the RC=1 and RC=2 districts,
167 the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the
168 proposed elevation of the lowest floor of new structures, altered structures and additions to existing
169 structures; and the proposed elevation to which structures will be floodproofed.
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171 (e�) Review of building permits for adequate floodproofing. All building permits for structures proposed to be
172 floodproofed in the RC�1 and RC=2 districts shall be reviewed to determine whether the structures will be
173 adequately floodproofed.
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175 (fe) Certification. Before a certificate of occupancy is issued for any development in the RC=1 and RC=2
176 districts, the applicant shall submit to the zoning administrator certification by a registered professional
177 engineer, registered architect, regstered landscape architect or registered land surveyor that the finished fill
178 and building elevations were accomplished in compliance with the provisions of this ardinance. Finished
179 fill and building elevations shall be verified by ground surveys. Floodproofing measures shall be certified
180 by a registered professional engineer or registered architect.
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183 (Oxd. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 9, 5-6-93}
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185
186 ARTICLE II. 685.200. RIVER CORRIDOR �VERLtAS����DTS`PRICTS
_.
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188 Division 1. 6$5.210. RC=1 River Corridor Floodway Overlay District
189
190 Sec. 685.211. �rineipal-uses-Permitted u"ses.
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192 (a) The following uses shall be permitted within the RC=1 Floodway District to the extent that they are not
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prohibited by any other provision of the zoning code or other ardinances. The uses are subject to the
conditions of the underlying zoning district, to the standards far P�ei�r�--�ses-permitted uses in the
Floodway District, section 685.212 and to the River Corridar Standards and Criteria, section 685.400.
(1) Nonstructural industrial-commercial uses, such as open-loading areas, parking areas, interior service
roads, airport service roads and airport runways.
(2) Public andprivate recreational uses such as golfcourses, tennis courts, drivingranges, archeryranges,
picnic and camp grounds, boat launching and beaching areas ar ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game farms, fish hatcheries, and hildng, bicycling,
horseback or recreational vehicle areas and traiis, and other open space uses.
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204 (3) Accessory residenfial uses such as lawns, gardens, pazking areas and play areas.
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206 (C.F. No. 91-531, § 10, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
207
208 Sec. 685.212. Standards for �permitted uses in the RCl Rloodway District.
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210 .
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212 (a�) The use shall not �ly obstruct flood flows e�t3q to the point that it increases the one
213 percent (1%) chance flood elevations and shall not involve struchxres, fill, obstruction, excavations or
214 storage of materials or equipment.
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216 (b�) The use shall have a low flood damage potential.
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218 (c3) The use shali not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the
219 main stream or of any ditch or other drainage facility or system.
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221 (d�) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
222 Section ll 5.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
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224 (Ord. No. 17116, 3-22-34; C.F. No. 91-531, § i l, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
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226 Sec. 685.213. �rinsiga} Conditiaaal uses ,
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The following uses shall be permitted within the RC=1 Floodway District to the extent they are not prohibited by
any other provision of the zoning code or other ordinances. The uses shal] be permitted only upon the application
and issuance of a speeix� conditional use permit by the piamiing comxnission. The uses are subject to the
conditions of the underlying zoning district, to the standards for prnreipa� coiiditzonal uses per,rrntfie�-s�bjeet-ta
�n the Floodway District, section 6$5.214 below, and to the River Corridar Standards and
Criteria, section 685.400 below.
235 (a4) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, urility transmission lines and
236 pipe lines.
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238 (b�) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control shuctures and na�igation
239 facilities.
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241 (c'�) Storage yards ar areas for equipment, machinery or bulk materials.
242
243 (d�) Shuctures accessory to permitted uses, section 65.212, or conditional uses of this section.
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245 (e5) Placement of fill.
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247 (f5) Structural works for flood control such as levees, dikes and floodwails constructed to any height where the
248 intent is to protect individual struchues.
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250 (C.F. No. 91-531, § 12, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
251
252 Sec. 685.214. Standards for prineipal conditional uses in the RCl
253 F'loodway District
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256 �S
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258 (ai-) No structure (temporary orpermanent), fill deposit (including fill forroads and levees), obstrucrion, storage
259 of materials or equipment, ar other use may be allowed which will cause an increase in the height of the
260 regional flood or cause an increase in flood damages in the reach or reaches affected.
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262 (b�) Fill shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
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264 (c3) Accessory structures shall not be designed for human habitation.
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266 (d#) Accessory structures shall be constructed and placed on the building site so as to offer the minimum
267 obstrucfion to the flow of floodwaters.
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269 (1}a: Whenever possible, structures shall be constructed with the longitudinal aacis parallel to the direction
270 of flood flow; and
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272 (2)b: So far as pracricable, structures shall be placed approximately on the same flood flow lines as those
273 of adjoining structures.
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275 (e5) All accessory struchues must be elevated on fill so that the lowest floor, inciuding basement floor, is at or
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280 (f6)
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above the regulatory flood protection elevation. The finished fili elevation for accessory structures shall be
no lower than one (1) foot below the regulatory flood protection elevation and the fill shail extend at such
elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.
As an alternative to elevation on fili, accessory structures maybe structurally dry floodproofed in accordance
with the FP-i or FP-2 floodproofmg classification in the state building code or floodproofed to the FP-3 ar
FP-4 floodproofing classification in the state building code, provided the accessory structure constitutes a
minimal investment, does not exceed five hundred (500) square feet in size and for a detached garage, the
detached garage mustbe used solely forparking ofvehicles and limited storage. Ali floodproofed accessory
structures must meet the following additional standards, as appropriate:
(I)� The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the
shucture and shall be designed to equalize hydrostaric flood forces on exterior walls; and
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289 (2)ir. Any mechanical and uriliry equipment in a shucture must be elevated to or above the regulatory flood
290 protection elevation or properly floodproofed.
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292 (g'�) Storage of materials or equipment may be allowed if readily removable from the area within the time
293 availabie after a flood warning and in accordance with a plan approved by the plamiing commission.
294
295 (h$) Shucturalworksfarfloodcontrolthatwillchangethecourse,currentorcross-sectionofprotectedwetlands,
296 orpublicwatersshallbesubjecttotheprovisionsofMinnesotaStatutes,Chapter103.G5.Community-wide
297 shuctural works for flood conh intended to remove areas from the regulatory floodplain shall not be
298 allowed in the floodway.
299
300 (i9) A levee, dike or floodwall constnxcted in the floodway shall not cause an increase to the regionai flood and
301 the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
302
303 (j}@) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
304 Section 115.01, unless adequate sa£eguards, approved by the state pollution-control agency, are provided.
305
306 (C.F. No. 91-531, § 13, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
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Division 2. 6$5.2209. RC=2 River Corridar Flood Fringe O.verlay District
310 Sec. 685.221. #'�-ineipg� PeirmrtEed uses permittect.
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Permitted uses in the RG-2 Flood Fringe Overla� District shall be those uses of land ar structures listed as
permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste
materials and landfills shall not be permitted. The uses are subject to the conditions of the underlying zoning
district, to the standards for piineipai�ses permitted uses in the Flood Fringe District, section 685.222 below, to
the Standards for All Flood Fringe Uses, section 685.225 below, and River Comdor Standards and Criteria,
section 685.400 below.
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319 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 14, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
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321 Sec. 685.222. Standards for priaci�rat-nses permitted uses in the RC2 Flood Fringe District
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(a�) All struchu 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 shaJl be not lower than one (1) foot below the regulatory flood protection elevation and the fill
shall extend at such elevarion at least fifteen (15) feet beyond the outside lnnits of the structure erected
thereon.
331 (b�) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do
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332 not exceed five hundred (500) square feet for the outside dimension at ground levei may be internally
333 floodproofed in accordance with section 68�.214(f5).
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336 ,
337 _
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339 (c�) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
340 elevation.
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342 (Ozd. No. 17116, 3-22-84; C.F. No. 91-531, § I5, 5-6-93; C.F. No. 95-1140, § S, 10-18-95)
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Sec. 685.223. �9-ineipx� Conditional uses .
The following uses shall be permitted within the RC=2 Flood Fringe District to the extent they are not prohibited
by any other provision of the zoning code ar other ordinances, except that mining, extraction operations, the
disposal of waste materials and landfiils shall not be permitted. The use shali be permitted only upon the
application and issuance of a speeixt conditional use permit by the planning commission. The uses are subject to
the conditions of the underlying zoning district, to the standazds for prnieipx} coiticlitional uses pern�jeec
�n the Flood Fringe District, section 685.224 below, to the Standazds for All Flood Fringe
Uses, section 685.225 below, and to the River Corridor Standards and Criteria, secfion 6&�.400.
(a-t) Any structure that is not elevated on fill or floodproofed in accordance with section 685.222(a�) ar(b�)
above.
357 (b�) Any use of land that does not comply with the standards in section 685.222(c3)-ar- f�j.
358
359 (c3) Sewagetreatmentpiants.
360
361 (Ord. No. 17116, 3-22-84; C.F. No. 41-531, § 16, 5�-93; C.F. No. 95-1140, § 8, 10-18-95)
362
363 Sec. 655.224. Standards for principx} conditional uses in the RC2
364 F`lood FY-inge District.
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366
367 ear�itiares-
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369 (ai-)
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374
Alternative elevation methods other than the use of fi11 may be utilized to elevate a stnxcture's lowest floor
above the regulatory flood protection elevafion. These alternative methods may include the use o£ stilts,
piline parallel walls 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 ar lowest floar
if: 1) the enclosed area is above grade on at least one (1) side ofthe structuxe; 2) is designed to internally
flood and is constructedwith flood-resistantmaterials; and 3) is used solely forparking of vehicles, building
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access or storage. The above-noted alternative elevarion methods are subject to the foliowing additional
standards:
(1)� Design and cert�cafion. The structure's design and as-built condition must be certified by a
registered professional engineer or azchitect as being in compliance with the general design standards
ofthe Sstate Bbuilding Ceode 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 floodwater from entering or accumulating within these
components during tnnes of flooding.
(2)bc Specifzc 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:
a�-. The minimum area of openings in the walls where internal flooding is to be used as a
floodproofing technique. When openings are placed in a structure's walls to provide for entry
of floodwaters to equalize pressures, the bottom of all openings shall be no higher than one (1)
foot above grade. There sha11 be a xninimum of rivo openings-and the openings sha11 be:placed
on at least fwo wa11s of.the struchzce. Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they pernut the automatic enhy and exit of
floodwaters.
b�. That the enclosed azeawill be designed offlood-resistant materials in accordance with the FP-3
ar FP-4 classifications in the state building code and shall be used solely for building access,
parking of vehicles or storage.
400 (lr2) Basements, as defined by section 60.203�.B for this river corridor code, shall be subject to the following:
401
402 (1)a: Residential basement construction shall not be allowed below the regulatory flood protection
403 elevation excep'Y''as aatliori�ed in siibsection (f� of fhis: section.
404
405 (2)ir. Nonresidential basements maybe allowed below the regulatory flood-protection elevation, provided
406 the basement is protected in accordance with subsection (c'�) or ;(fl
407 of this section.
408
409 (c3) Allareasofnonresidentialshucturesincludingbasementstobeplacedbelowtheregulatoryfloodprotection
410 elevation shall be structurally dry floodproofed in accardance with the FP-1 or FP-2 floodproofmg
411 classifications in the state building code. This shall require making the structure watertight, with the walls
412 substantially impermeable to the passage of water and with structural components hauing the capability of
413 resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the
414 FP-3 or FP-4 classification shall not be permitted.
415
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423 - , .
42A
425 (dfr) Storage of material and equipment shall be subject to the foilowing:
426
427 (i )a Storage of materials or equipment, including materials that are flanunable, explosive or potentially
428 injurious to human, auiinal or plant life may be allowed if:
429
430 a�. Readily removable from the area within the time available after a flood warning system and in
431 accordance with a plan approved by the planning commission; or
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445 (e�)
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b�. Floodproofed according to the Sstate Bbuilding Ceode; or
c3. Elevatedabovetheregulatoryfloodprotecrionelevationbyalternativemethodswhichmeetthe
requirements of subsection (a�) above; or
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(2)ir. Storageofbuikmaterialsmaybeallowedprovidedanerosion/sedimentationcontrolplanissubxnitted
which cieazly specifies methods to be used to stabilize the materials on site for a regional flood event.
The plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the plamiing commission.
No new constnxction, addition or modification to existing sewage treatment plants shall be pernutted witlun
the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are
prepazed, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and
procedures must provide for measures to prevent introduction of any pollutant ar toxic materials into the
floodwaters.
�Vhen�tha Federal �Staxgeney �vlanagement=Agencg has�issaeda��Condition� Letter of NIap�Revision-�i�1
(CLOMR-F) for vacasit:parcels af land elevated by fill to;th8 one percent (1%) chanee fload e3evariori;:the
area elevated:by fill rernains_su6jeci.to tfie provisions of this ordinance_ . A structure may lie:placed on the
area elevated by f ll with the<]owesf floor below the regnlatory flood pr.otectian eleva#ion pmvided fhe
shucture meets the following pxovisions:
(i} No floor level or porfion of a structure that is below the regulatory Aood protection:elevation ahall
beused as habitiabie spaceorfor storage of anyproperiy, materials or equipmentthatmightconsfitute
Page 11
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459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
a safety hazard when contacted by floodwaters. Habitable space shati be defined as any space in a
structtue used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage rooms, laundry or utility space, and sunilar azeas aze not considered habitable space.
(2) For residential and non-residential struciures, the basement floor may be placed below the regulatory
flood protection elevation subject to the following standards:
a. The top of the immediate floor above any basement area shall be placed at or above the
regulatory flood protection elevation.
b. Any area of the structure placed below the regulatory flood protection elevation shall meet the
"Reasonably Safe From Flooding" standards in the Pederal Emergency Management Agancy
(FEMA) publication entitled Ensurang that Strucdures Build on Fill In or Near Special Flood
HazardAreasAreReasonablySafe FromFlooding, Technical Bulletin 10-Oi, a copy of which
is hereby adopted by raference and made part of this ord'mance. In accordance with fihe
provisions of this.ordinance, and:specifically section 68c504(g), the applicant shall submit
documentation that the structure is designed and built in accordance with either the "Simplified
Approach" or "Engineezed Basement Optio�" fountl in�'EIv1A Technical BiiIletin 10-(�1�.
c. If the groupd surrounding.?he..lo.west adjacent,grade Yo-the;_structiu'e is not at or above tlie
reguta#ory flooct piqtection elevation,, then "any portion ,of: �he strueture tliaY:: is befow: tlie
regulatoiy floocl profecfion ete�ation musf be:fl'oodproofed eonsistent wit�t-aiay of the.EP=:1
fhrough FP-4 floodproofuig elass�catinna foundinthe State-Buiid'uig;Code�
482
483 (C.F. No. 91 § 17, 5 C.F. No. 95 § 8, 10
484
485 Sec. 685.225. Standards for ail RC2 Flood Fringe uses.
486
487 .
488
489 (a�)
490
491
492
493
494
495 (b�)
496
497
498
499
500
Yehicular access. All new principal structures must have vehicular access at or above an elevation not more
than rivo (2) feet below the regulatory flood protecrion elevation. If a modification to this requirement is
ganted, the planning commissionmust specify limitations onthe periodofuse or occupancyofthe structure
for times of flooding and only after determining that adequate flood warning tnne and local flood emergency
response procedures exist.
Commercial uses. Accessory land uses, such as yards, railroad tracks and parking lots maybe 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 greater than two (2) feet or be subj ect
to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.
Page 12
p3--141
501 (c3) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant
502 operations. Certain accessory land uses such as yazds and parking lots may be at lower elevation subject to
503 requirements set out in subdivision (2) above. In considering permit applications, due consideration shail
504 be given to needs of an indushy whose business requires that it be located in floodplain areas.
505
506 (d#)
507
508
509
510
511
512
513
514 (e5)
515
516
517
Standards pertaining to fall. Fill shail be properly compacted and the slopes shall be properiy protected by
the use of riprap, vegetative cover or other acceptablemethod. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard azea designation for certain structures
properly elevated on fill above the 488=ye�-one percent (1 %) chance flood elevation. FEMA's requirements
incorporate specific fill compacfion and side slope protection standards for multistructure or multilot
developments. These standards should be invesfigated prior to the initiation of site preparation if a change
of special flood hazard area designation will be requested.
Developments not to affect hydraulic capacities. Floodplain developments shall not adversely affect the
hydraulic capacity ofthe channel and adjoining floodplain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the official zoning map.
518 (ffr) Manufactured homes. Manufactured homes must meet all the density, setback and other requirements for
519 residenfial use ofthe zoning code and all requirements ofthe housing and building code. Travel trailers shall
520 not be used for living quarters.
521
522 (g�) Pollution of waters. No use shall be permitted which is likely to cause pollution of waters, as defined in
523 Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control
524 agency, are provided.
525
$26 (C.F. No. 91-531, § 18, 5-6-93; C.F. No. 95-I140, § 8, 10-18-95)
527
528 Division 3. 685.230. RC=3 River Corridor Urban Open Ovexlay District
529
530 Sec.685.231.Intent.
531
532 It is intended that lands and waters within this district shall be managed to conserve and protect the existing and
533 potential recreational, scenic, natural and historic resources. Open space provided an the open river corridor is for
534
535
536
537
538
539
540
541
542
543
public use and the protection of unique natural and scenic resources. The existing transportation role of the river
in this district wili be protected.
(C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.232. �'rimigx} P.ermitfed uses permitted.
In the an RC=3 River Corridor Urban Open overlay district, use of the land, location and erection ofnew buildings
or structures, and the alterafion, enlargement and moving of existing buildings or struchxres from other locations
or districts shali conform to those specified uses and standards of the corresponding underlying district as
established in section 60.303� to the extent that they are not prohibited by any other provision of the zoning code.
Page 13
v3 •��.►
544 In addition, permitted uses shali be subject to the follow9ng applicable standards and those in section 685.400 et
545 seq.
546
547 (C.F. No. 95-I140, § S, 10-IS-95)
548
549 Sec. 685.233. Standards for prutcipal�ses-permitted uses in the RC3 Urban Open District.
550
551 (a) Development shall be limited to forty (40) feet in height.
552
553 (b) The development of new and expansion of existing commercial and industrial uses shall oniy be on lands
554 which are on the landward side of blufflines.
555
556 (c) Mining and extraction operations shall not be permitted.
557
558 (d) No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes,
559 Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
560
561 (Qrd. No. 17116, 3-22-84; C.F. No. 91-531, § 36, 5-6-93; C.F. No. 95-1140, § 8, 1�-18-95)
562
563 Sec. 685.234. �rmeipai-Condifional uses .
564
565 (a) �rineipgf Conditional uses are those specified by the conesponding
566 underlying district as established in section 60.3034 to the extent that they are not prohibited by any other
567 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedinthecorrespondingunderlyingdisttict
568 section and to those specified in sections 6$5.233 and 685.400 et seq.
569
570 (b) Such uses will be permitted only upon application and issuance of a speeix} conditional use permit by the
571 planning commission.
572
573 (Ord. No. 17646, § 9, 4-6-89; C.F. No. 95-1140, § 8, 10-18-95)
574
575
576
Division 4. 685.240. RC=4 River Corridor Urban Diversified Overlay District
577 Sec.685.241.Intent.
578
579 It is intended that the lands and watets in this district be used and developed to maintain the present diversity of
580 commercial, industrial, residential and public uses of the lands, including the existing transportation use of the
i 81 river; to protect historical sites and azeas, natural scenic and environmental resources; and to expand public access
i82 to and enjoyment of the river. New commercial, industrial, residential and other uses are permitted if they are
�83 compatible with these goals.
�84
85 (C.F. No. 95-1140, § 8, 10-18-95)
8b
Page 14
63-�..a-�
587 See. 685.242. �rincipai-vses-Permitted uses.
588
589
590
591
592
593
In the aa RC=4 River Cozridor Urban Diversified overlay district, use of the land, location and erection of new
buildings or structures and the aiteration, eniargement and moving of existing buildings or structures from other
locations or districts shall conform to those specified uses and standazds of the corresponding underlying district
as established in section 60303} to the extent tbaY they are not prohibited by any other provision of the zoning
code. In addition, perxnitted uses shall be subject to the standards specified in section 68`s.400 et seq.
594
595 (C.F. No. 95-1140, § 8, 10-18-95)
596
597 Sec. 685.243. Standards for �-permitted uses in the RC4 Urban Diversified District.
598
549
600
601
602
603
604
605
606
607
608
609
610
No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section
115A1, unless adequate safeguards, approved by the state pollurion control agency, are provided.
(C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.244. �rineipa} Condit'roaat uses .
(a) �eip�f Gonditional uses are those specified by the corresponding
underlying district as established in section 60.303� to the extent that they are not prohibited by any other
provision ofthe zoning code. They are subj ect to standards specified in the corresponding underlying district
section and to those specified in section 6$�.400 et seq.
6ll (b) Such uses will be pernutted only upon application and issuance of a speei�3 conditional use permit by the
612 planning commission.
613
614 (C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
615
616
617 ARTTCLE III. 685.300. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
618
619 Sec. 6$5.301. Public utilities, railroads, roads and bridges.
620
621 (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to
622 be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to
623 above the regulatory flood protecrion elevation.
624
625 (b) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall
626 comply with sections 6$SS.210 and 6&�220 of this chapter. Elevation to the regulatory flood protection
627 elevation may be required by the planning comxnission where the failure or interruption of these
628 transportation facilities would result in danger to the public health or safety or where such facilities are
629 essential to the orderly functioning of the area. Minor or ausiliary roads or railroads may be constructed at
Page 15
o3-z•a
630 a lower elevation where failure or interrugtion of transportation services would not endanger the public
631 health or safety.
632
633 (c) On-site sewage treatment and water suppZy systems. Where public utilities are not provided:
634
635 (1) On-site water supply systems must be designed to minunize or eliminate infiltration of floodwaters
636 into the systems; and
63�
638 (2) New or replacement on-site sewage treahnent systems must be designed to minim;ze or eliminate
639 infiitration of floodwaters into the systems and dischuges from the systems into floodwaters and they
640 shall not be subject to impairment or contamination during times of flooding.
641
642 Any sewage treatment system designed in accordance with the state's current statewide standards for on-site
643 sewage treahnent systems shall be determined to be in compliance with this section.
644
645 (C.F. No. 91-531, § 19, 5-6-43)
646
647
648 ARTICLE IV. 68f.400. RNER CORRIDOR STANDARDS AND CRITERIA
649
650 .
651
652 Sec.6$5.401.Objectives.
653
654 The obj ective of standards and criteria is to maintain the aesthetic integrity and natural environment of the river
655 corridor in conformance to the St. Paul Mississippi River Corridor Plan by reducing the effects of poorly planned
656 shoreline and bluffline development; providing sufficient setback for sanitary facilities; preventing pollution of
657 surface and groundwater; minimizing flood damage; preventing soil erosion; and implemenring metropolitan
658 plans, policies and standards.
659
660 . . .
661
662 Sec. 685.402it. Protection of shorelands, floodplains, wetlands and bluffs.
663
664 (a) Generally. Development shall be conducted so that the smallest practical azea of land be developed at any
665 one time and that each area be subjected to as little erosion or flood damage as possible during and after
666 development.
667
668 (b) Placementofstructures:
669
570 ��-
571 ���e�:
Page 16
t�-�.,a-i
(13) The foilowing min;mum setbacks for each class of public waters as described in Minnesota
Regulations NR-82 shall apply to all structures except those specified as exceptions in subsecrion (79)
below.
a. For natural environznent waters at least two hundred (200) feet from the normal high water mark
for lots not served by public sewer and at least one hundred fifty (150) feet from the ordinary
high water mazk for lots served by public sewers.
b. For general development waters at least seventy-five (75) feet from the normal high water mazk
for lots not served by public sewer and at least fifty (50) feet from the ordinary high water mark
for lots served by public sewer.
(2#) No commercial or industrial development shall be pemutted on slopes greater than twelve (12)
percent.
(35) No residential development shall be permitted on slopes greater than eighteen (18) percent.
(46) Bluff development shall take place at least forty (40) feet landward of all blufflines.
(5�) Transportation, utility and other transmission service facilities and corridors shall avoid:
a. Steep slopes;
b. Intrusions into or over streams, valleys and open exposures of water;
c. Intrusions into ridge crests and high points;
d. Creating tunnel vistas;
e. Wetlands;
f. Forests by running along fringe rather than through them. If necessary, to route tlu forests,
utilize open areas in order to minimize cutting;
g. Soils susceptible to erosion, which would create sedimentation and pollution problems;
h. Areas of unstable soils which would be subject to extensive slippages;
I. Areas with high water tabies; and
j. Open space recreation areas.
(6$) At river crossing points, public facilities, crossing corridors and other rights-of-way shall be
consolidated, so that the smallest area possible is devoted to crossing.
(9H} Exceptions:
a. Location of piers and docks shall be controlled by applicable state and local regulations.
b. Commercial, industrial or pernutted open space uses requiring location on public waters may
be closer to such waters than the setbacks specified in the standard set out in subsection (3)
above.
Page 17
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�14 �o�
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
Grading and filling:
(1) A minimum amount of filling shall be allowed when necessary, but in no case shali the following
restrictions on filling be exceeded. Furthermore, fill opporlunities shall be fairly apportioned to
riparian landowners. The developer shall evaluate ownership patterns, configuration and the bottom
profile of each wetland basin before fill opportunities are apportioned.
(2) Grading and filling in shoreland areas (when allowabie) or any other substantial alteration of the
natural topography shall be controlled in accordance with the following criteria:
a. The smallest amount of bare ground shall be exposed for as short a time as feasible.
b. Temporary ground cover shall be used.
c. Methods to prevent erosion and trap sediment shall be employed.
d. Fill shall be stabilized.
.
l�l�\\T1�1�'lR�
(3�) Only fill free of chemical pollutants and organic wastes shall be used.
(�k5) ToCal filling shall not cause the total natural flood storage capaciry of the wetland to fall below the
natural volume of runoff from the wetland and watershed generated by a 100-year storm, as defined
by the National Weather Service.
(56) Solid waste disposal and landfill shall not be permitted in the River Corridor District.
(6�) Development shall fit existing topography and vegetation with a minunum of clearing and grading.
(7$) No rehabilitation slopes shall be steeper than eighteen (18) percent slope.
743 ($H) Dredging of a shoreland or wetland shall be allowed oniy when it will not have adverse effect upon
744 the wetland. Dredging when allowed shall be limited as follows:
745
746 a. It shall be located in the areas of minimum vegetation.
747 b. It shall not significantly change the water flow characteristics.
748 a The size of the dredged area shall be limited to the absolute minimum.
749 d. Deposit of dredged material shall not result in a change in the current flow, or in destruction of
750 vegetation or fish spawning areas, ar in water pollution.
751
752 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 31, 5-6-93; C.F. No. 93-1718, § 88, 12-14-93)
753
754 Sec. 685.4d3i�. Protection of wildlife and vegetation.
755
Page 18
03 -�
756 Development shall be conducted so as to avoid inhusion into uumal and plant habitats.
757
758 (a}) No alteration of the natural environment or removal of vegetation shail be pernutted when such alteration
759 or removai would divainish the ability of dependent wildlife to survive in the River Corridor.
76�
761 (b�) No wetland or bluffline vegetation shall be removed or altered except that required for the placement of
762 structures.
763
764 (c3) Clear cutting shall be prohibited except as necessary forplacing approved public roads, utilities, structures
765 and parldng areas.
766
767 (d#) Natural vegetation shall be restored after any construction project.
768
769 (e5) Watering areas necessary for plant survival shall be maintained or provided.
770
771 (f6) Development shall not cause extreme fluctuations ofwater levels or unnatural changes in water temperature,
772 water quality, water currents or movements which may have an adverse impact on endangered or unique
773 species ofbirds or wildlife.
774
775 Sec. 685.404i3. Protection of water quality.
776
777 (a) Generally. Development shall occur so that surface and subsurface water is not adversely affected by
778 contanunants. Water quality shouid meet or exceed state standazds.
779
780 (b) Contamination:
781
782 (1) Development shall not be petmitted on wet soils, very shallow soils, soils with high shrink-swe11 or
783 frost action potential unless it is shown that appropriate construction techniques capable of
784 overcoming the restrictive condition will be utilized.
785
786 (2) Septic tanks and soii absoiption systems shall not be permitted where public sewer systems are
787 available. In areas where public sewers are not available, system shall be set back from the normal
788 high watermark in accordance with the class ofpublic waters as prescribed in Minnesota Regulations
784 NR-82:
790
791 a. On natural environment waters, at least one hundred fifty (150) feet.
792
793 b. On general development waters, at least fifly (50) feet.
794
745 (3} Private wells shall be placed in areas not subject to flooding and up slope from any source of
796 contamination.Wellsalreadyexistinginareassubjecttofloodingshallbefloodproofedinaccordance
797 with accepted engineering standards as defined in the Uniform State Building Code. -
Page 19
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798 (4) Commerciai or industrial land uses requiruig the storage orproducfion ofmaterials or wastes that may
799 create a pollution-hazazd for groundwater or surface water shall be prolvbited unless the quality of
800 both the groundwater and surface waters can conform to all applicable state and federal standazds,
801 criteria, rules and regulations.
802
803 (c) Runoff
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
(1) The phases of development shall be planned so that only areas which are actively being developed
are exposed. Other areas shall have cover of vegetation or mulch.
(2) Naturai vegetation in shoreland and bluff areas shall be preserved to retard surface runoff and soil
erosion and to utilize excess nutrients.
(3)
(4)
Sediment shall be retained within the development site area either by filtering runoff as it flows
through the development azea or by detaining sediment-laden runoff in a sediment basin so that the
soil particles settle out.
Water released to a drainage system shall be directed in such a manner as to travel over natural areas
ratherthan across established surfaces.
(5) Stormwater runoffmay be directed to wetlands only when free of silt, debris and chemical pollutants
and only at rates which will not disturb vegetation or increase turbidity.
(6) Development which takes place near slopes greater than twelve (12) percent shall not result in
increased runoff onto those slopes sufficient to damage vegetation or shuchues thereon.
(7) Plans shall be submitted to the planning commission far any development placed landward from
dikes, floodwalls or levees which is below the flood protection elevation of the dikes, floodwalls or
levees. The plans must provide measures to ensure that floodwaters do not back up onto the
development from stormwater drainage systems.
828
829 (C.F. No. 91-531, § 21, 5-6-93)
830
831
832 ARTICLE V. 6$5.500. CONDITIONAL USE PERMITS
833
834 Sec. 6$5.501. Application.
835
836 � ,
837
$38 - . Applications for
839 conditional nse permits shall be submitted and reviewed according to the provisions in section 64300. �he
Page 20
0 3 •�-�
840 .
841 af�rapp}ieafioa; The pla.nuiiig admiuistrator shall deteruiine whether to require any or all of the following six
842 (6) items of information to be supplied by the applicant as a prerequisite to the considerarion of the application:
843
844 (a�} Plans in triplicate drawn to scale, prepazed by and signed by a registered engineer, architect andlor land
845 surveyor as applicable, showing the nature, location, disnensions and elevation ofthe land; existing surface
846 contours, shuctures, streets and utiliries; proposed surface contours, structures, fill and the location and
84� elevations of proposed streets, water supply, sanitary facilities and other urilities showing the relationship
848 of the above to the channel and to the designated River Corridor District limits.
849
850 (b�) Specifications for building consirucfion and materials, floodproofmg, filling, dxedging, grading, channel
851 improvements, storage of materials, water supply and sanitary facilities.
852
853 (c3) Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of
854 the stream, elevation of land areas, high water information, vegetation and soil types.
S55
856 (d�) Plan(surfaceview)oftheproposeddevelopmentshowingtheproposeduseorusesoftheareaandstructures
857 and providing location, relationships and spatial atrangements of those uses and related shuctures to
858 pertinent elevations, fill, storage location, utilities and other features.
859
860 (e�) Profile showina the slope of the bottom of the channel and flow lines of the stream.
861
862 (f6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in
863 relationship to flood heights and velocifies, the seriousness of flood damage to the use, the adequacy ofplans
864 for flood protection and other technical matters.
865
866 (C.E No. 91 § 23, 5 C.F. No. 95 § 5, 1
867
868 Sec. 685.502. Other pertnits.
869
870 Applicable speeia� conditional use permits for lands in the designated River Corridor District must be obtained
871 prior to application for all other permits required by law and ardinance. ��ning-an�-speeixt Condirional use
872 pemrits for River Corridor areas are supplementary to other zoning and buiiding permits.
873
874
875
876
877
878
879
880
881
382
(C.F. No. 95-1444, § 5, 1-17-96)
Sec. 68�.503. Factors considered.
In addiTion to the generai standards and reguirements in section 61.540 and all other:reievant factors specifie,d in
othax seetions.af this chapter; in reviewing passirc�pairspeeix�conditional usepermit applications, the plamiing
commission ozplarniing administrator shall consider
�l-the fol�owing :
Page 21
03 • 24-�
883 (a�) The relationship of the proposed use to the comprehensive plan and floodplain management pro�am for
884 the city.
885
886 (b�) The unportance of the services provided by the proposed facility to the community.
887
888
889 `
890
891 (c#) The ability of the existing topography, soils and geology to support and accommodate the proposed use.
842
893 (d5) The compatibility of the proposed use with existing characteristics of biologic and other natm
894 communities.
895
896 (efr) 1"he proposed water supply and sanitation systems and the ability of those systems to prevent disease,
897 contaminazion and unsanitary conditions.
898
899 (f� The requirements of the facility for a river-dependent location, if appiicable.
900
901 (g$) The safety of access to the property far ordinary vehicles.
902
903 (h9) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
904 on the individual owner.
905
906 (i-16) The dangers to life and properiy due to increased flood heights or velocities caused by encroachments.
907
908 (ji-�) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected
909 at the site.
910
911 (k�)The danger that materials may be swept onto other lands or downstream to the injury of others.
912
913 (li3) The availability of alternative locations or configurations far the proposed use.
914
915 (mi-�)Such other factors as are relevant to the purposes of this chapter.
916
917 (C.F. No. 95-1444, § 5, 1-17-96)
918
919 . . .
920
921 ',
922 ,
923 .
924 ,
Page 22
03 -za-�
925 . ,
926 .
927 . .. . - , , - -
928
929 . . . ' ,
930
931 ,
932 � ,
933 .
934 .
935
436 . . . - , , - -
937
938 . . . .
939
940
941 . .
942
943 . . - , , - - , . . . - , , - -
944
945 . . . .
946
947 Sec. 685.504$. Conditions imposed.
948
949 The plamiirig commission or planning administratar may attach such conditions to the granting of specia�
950 conditional use permits as each deems necessary to fulfill the purposes of this chapter. Such conditions may
951 include, but are not limited to, the following:
952
953 (a}) Modifications of design, site planning or site treahnent.
954
955 (b�) Requirements for implementation of erosion and sediment control, vegetation management, wildlife
956 management and other protective measures.
957
958 (c3) Modifications of waste disposal and water supply facilities or operations.
959
960 (d#) Limitations on period of use and operation, a flood warning system and an evacuation plan.
961
962 (e5) Imposition of operational controls, sureties and deed restrictions.
963
964 (f6) Requirements for construcrion of channel improvements, modifications, dredging, dikes, levees and other
965 protective measures.
966
967 (g=� Floodproofingmeasuresshallbedesignedconsistentwithstate-establishedfloodproofingstandardsandwith
Page 23
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968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
the flood protection elevation for the particular area including flood velocities, duration and rate of rise,
hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The
commission shall require that the applicant submit aplan or documents certified bya registeredprofessional
engineer or architect that the floodproofing measures are consistent with the regulatory flood elevarion and
associated flood factors for the particulaz azea. The floodproofing measures that may be required include,
but are not lunited to, the following:
(1)� Anchorage to resist flotation and lateral movement.
(2)�r: Installation of watertight doors, bulkheads and shutters, or similar methods of consfizction.
(3)e: Reinforcement of walls to resist water pressure.
(4)� Use of paints, membranes ar mortars to reduce seepage of water through walls.
(5)� Addition of mass or weight to stnxctures to resist flotation.
(6)f Installation of pumps to lower water levels in structures.
(7)g. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.
(8)ir. Installation ofpuxnping facilities orcomparablepractice for subsurface drainage systems forbuildings
to relieve externa] foundation wall and basement floor pressures.
(9)� Conshuction to resist rupture or collapse caused by water pressure or floating debris.
(1Q)r Installafion of valves or controls on sanitary and storm drainage which will permit the drains to be
closed to prevent backup of sewage and stormwaters into the buildings or structures. Grauity draining
of basements may be eliminated by mechanical devices.
(1:1)k Location of all electrical equipment, circuits and installed electrical appliances such that they are not
subject to the regional flood.
(T2)i: Location of any structural storage facilities for chemicals, explosives, buoyant materials, flauunable
liquids or other toxic materials, which could be hazardous to public health, safety and welfare, above
the flood protection elevafion or provision of adequate floodproofing to prevent flotation of or
damage to storage containers which could result in the escape of toxic materials into floodwaters.
1006(h $) Specifications for building conshuction and materials, filling and grading, water supply, sanitary faciliries,
1007 utilities and other work or construction to be submitted to the city division of housing and building code
1008 enforcement for review and approval prior to any development.
1009
Page 24
0 3- 24-�
1010(Ord. No. 17116, 3-22-84; C.F. No. 95-1444, § 5, 1-17-9�
1011
1012 . . . .
1013
1014
1015
1016
� \ � • � � � � �_ � � - \��M�\T�i\�f��/JLrI�I�ZtPJ\P
1017 . . . .
1018Editor's note—Section 65.600, pertainnag to appeals on floodplain matters and derived presumably fromprovisions enacted during the
10191987 republication, was repealed by C.F. No. 91-531, § 25, adopted May 6, 1993.
1020
1021Sec. 685.6501. Variances il�adi�c�ttiaus.
1022
1023(a) Applications for variance to the provisions of this
1024 chapter inay.be frled as provided in section 61.600.
1025
1026 , ' . The burden of
1027 proof shall rest with the applicant to demonstrate conclusively �cr-�(�e-eannrrissian that snch variance
1028 ��e�fian will not result in a hazard to life or property and will not adversely affect the safety, use ar
1029 stability of a public way, slope or drainage channel, or the natural environxnent; such proof may inciude
1030 soils, geology and hydrology reports which shall be signed by registered professional engineers.
1031 Variances shall be consistent with the general purposes
1032 of the standards contained in this chapter and state law and the intent of applicable state and national laws
1033 and programs. Although vatiances �d�e�fians may be used to modify permissible methods of flood
1034 protection, no sariance �ian shall have the effect of allowing in any district uses prohibited in that
1035 district, permit a lower degree of flood protection than the flood protection elevation for the particular area,
1036 or permit a lesser degree of flood protection than required by state law.
1037 . .
1038
1039
1040(b)
1041
1042
1043
1044
1045
1046
Notwithstanding any other provision of this river corridor code, �tiares variances may be granted far
the repair or rehabilitafion of historic shuctures upon a determination that the repair or rehabilitation will
not preclude the structure's continued designation as a historic structure, the madifrexfien variance is the
minimum necessary to preserve the historic character and design of the shucture and the repair ar
rehabilitation will not cause an �t increase in the height of the regional flood or inczease:ttie[flood
damage potential of:tY�e sfrizctiare.
�� :.-. :.. : : .. . . .. : . . . . ..
1�• . .. ::� : : � . : :: : .• . ; ����_
1�' . � . - :.•. : : .: . . . : : . : � . .
1 1 . -.� : :.� �. . . . :
1051
1052(Ord. No. 16956, 9-9-82; C.F. No. 91-531, § 26, 5-6-93)
Page 25
03•��
1053
1054
1055
ARTICLE VII�£. 685.�700. NONCONFORMII3G STRUCTURES
1056Sec. 685.97018. F'loodpiain nonconforming structures.
1057
1058Nonconfonuiug use of structures and land and nonconfornung structures shall be subj ect to the regulations in this
1059section as well as provisions of sseetion Chapter 62.�8z Nonconforming Lots, Uses and Structures. �to
106 . A structure which was lawful before the passage or amendment of tbis chapter but
1061which is not in conformity with the provisions of this chapter may be continued subject to the following
1062conditions:
1063
1064(a:) No shucture shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
1065
1066(b.)
1067
1068
1069
1070
1071(c-)
1072
1073
1074
1075
1076
1077
1078
1079
1080(d:)
1081
1082
1083
1084
10$5
1086 .
1087
1088(e:)
1089
1090
1091
If anynonconforming structure is destroyed by any means, including floods, to an extent of fifly (50) percent
or more of its market value at the time of deshuction, it shall not be reconstructed except in conformity with
the provisions ofthis chapter. The applicable provisions for establishing new structures in Section 6$5.210
or 685.220 will apply depending upon whether the structure is in the floodway or flood fringe, respectively.
1092
1093(C.F. No. 91531, § 29, 5
1094
Any alteration or addition to a nonconforming structure which would result in increasing the flood damage
potential of that structure or use shall be protected to the regulatory flood protection elevation in accardance
with any of the elevarion on fill or floodproofing techniques (i.e., FP-1 through FP-4, floodproofing
classifications) allowable in the state building code, except as further restricted in subsection c. below.
The cost of any structurai alterations or additions to any nonconforming structure over the life of the
structure shall not exceed fifty (50) percent of the market value ofthe structure unless the conditions ofthis
section are sarisfied. The cost of all structural alterations and additions constructed since January 28,1982,
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 addirions exceeds fifty (50) percent of the current market value of the structure, then the
structure must meet the standards of Section 685.210 or 685.220 of this chapter for new structures
depending upon whether the stnxcture is in the floodway ar flood fringe, respectively.
When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five
(365) days, the nonconforming structure shall not thereafter be reused unril the nonconforming is made
conforming to the flood protection measures of this chapter, unless the planning commission, pursuant to
a public hearing, finds that the nonconfonning structure cannot reasonable or economically be made into
a conforming structure and that reuse of the nonconforming structure is consistent with the public health,
safety, marals and general welfare of the community and is consistent with the reasonable use and
enjoyment of adjacent property.
Page 26
03- ��
�� . ; -. : ,..,. :,: :;, :,
.,
1097
1098 ARTICLE VIII. 685.�800. AMENDMENTS
1099
1100Sec.685.�8016. Amendments.
1101
1102(a) All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462357. The
1103 floodplain designations established bythis chapter shall not be removed from floodplain areas unless it can
1104 be shown that the designation is in errar or that the areas are filled to an elevation at ar above the flood
1105 protection elevation and aze contiguous to other lands lying outside the floodplain district. Special
1106 exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that,
1107 through other measure, lands are adequately protected far the intended use.
1108
1109(b) All amendments to this chapter, including amendments to the River Corridor Overlay Districts maps, must
1110 be submitted to and approved by the Commissioner of Nahual Resources prior to adoption. Changes to the
11ll - - flood+plain boundaries must meet the Federal Emergency Management Agency's
1112 (FEMA) technical condirions and criteria and must receive prior FEMA approval before adoption. The
1113 Commissioner ofNatural Resources must be given ten (10) days' written notice of all hearings to consider
1114 an amendment to this chapter and such notice shall include a draft of the ordinance amendment or technical
1115 study under consideration.
1116
1117(C.F. No. 91 § 27, 5
1118
1119Sec. 6$5.95$02. Areas protected by dikes, levies and floodwalls.
1120
1121Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision
1122to the flood insurance rate map or a letter of map revision because the areas aze protected by a dike, levee or
ll23floodwall shall be exempt from the flood protection regulations of this code after said'FENfA acrion has:been
1124adopYecl:as a formal amendment.to tliis ordinance.
1125
1126(C.F. No. 91 § 30, 5
1127
1128
1129
1130
ARTICLE �. 685.$900. ADMINISTRATION
1131Sec. 685.$9018. Administration.
1132
1133(a) Record of eZevation of Zowest floor and floodproo�ng. The zoning administrator shall maintain a record of
1134 the elevation of the lowest floor (including basement) of all new structures, altered shuctures� or additions
1135 to existing structures in the floodplain. The zoning administrator shali also maintain a record ofthe elevarion
1136 to which all new structures and alterations or additions to structures are floodproofed.
1137
Page 27
b3-a4t
1138(b) State and federaT penrcits. Applicants for special condition use pemuts, modifications and site plan review
ll 39 approval are responsible for obtaiiuug all necessary state and federai pernuts.
1140
1141(c) Warning and disclaimer of liability. This chapter does not unply that ateas outside the floodplain districts
1142 or land uses permitted within such districts wiil be free from flooding or flood damages. This chapter shall
1143 not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood
1144 damages that result from reliance on this chapter or any adniinistrative decision lawfully made thereunder.
1145
1146(d) Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional ar
1147 invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
1148
ll49(C.F. No. 91-531, § 28, 5-6-93)
1150
1151Sec. 68.902. 55:5�� Notify commissioner of natural resources.
1152
] 153A copy of the application for Hrepx�opased-speeixt a conditional use permit or variance shall be submitted to the
1154commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10)
1155days' notice of the hearing. A copy of all decisions granting speeia} conditional use pernuts or variances shall be
1156forwarded to the commissioner of nattual resources within ten (10) days of such action.
1157
1158(C.F. No. 95-1444, § 5, 1-17-96)
ll 59
1160Sec. 6&r903: fis.58� Notice of increased insurance costs.
1161
1162 Applicants �prapase far a eou3i�ional �iise perniii or variaiice to
1163constnxct a structur , , below the regulatory flood protection elevation;—as
1164 . , sFiall be:;notified that: {1) �the issuance of a speeiR} conditiorial use
1165permit or variance to construct a stnxcture below the regulatory flood protection elevation witi may result in
1166increased premium rates far flood insurance up to amounts as high as twenty-five doilars ($25.00) for one hundred
1167dollars ($100.00) of insurance coverage; and � 2) �such construction below the regulatory flood protection
ll 68elevation increases risks to life and properry. Such notification shall be maintained with a record of the speer�tt
1169conditional use permit or var3anc�. The planning ar zoning administrator shall report such speei�x� conditional use
1170permits or variances issued in the biennial report submitted to the administrator of the National Flood Insurance
1 J 71Program.
1172
1173(C.F
1174
1175
ll 76
1177
No. 91-531, § 24, 5-6-93; C.F. No. 95-1444, § 5, 1-17-96)
Section 3.
1178That Saint Paul Legislative Code exisring Chapter 68, Zoning Code - Wetland Conservation shali be renumbered
ll79as Chapter 65.
Page 28
iiso
iisi
iis2
1183 Section 4.
1184
1185This ordinance shall become effective thirry (30) days after its passage, approval, and publicarion.
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
ll 96
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
1210
1211
1212
121'�
Adoption Ceh
By:
Approved by
By:
Approved by Financial Services
43•z4t
�" i K
Adopted by Council: Date Y"\,,,..,4„ 3Ce 3-a p`1, Form Approved by City Attorney
��
63---�I
DEPARTMF.NT/OFFICE/COUNCII,:
launing &Economic Development ''TE Il''1TiaT�u GREEN SHEET No 204615
02/28/03
ONTACI' PERSON & PHONE: ^ � IlViTTALDATE IN1T7AUDA
'ch Malloy 266-6647 �� �� 1 DEPARTMENT DIl2. a crrY covrrcu,
� gpR 2 CITY ATfORNEY - f-� l _ CITY CLERK
OUTING FA`ANCIAI. SERV DIIL FINANCIAL SbRV/ACCTG
RDER 3 MAYOIt (OR ASST.)� _ C1VII. SERVICE COMbIISSION
HRA CIIAIltPERSON
PED ACCOUNTING MUST BE ON COUNCII. AGENDA BY (DATE)
March 12, 2003
OTAL N OF STGNATURE PAGES 3_(CLLP ALL LOCATIONS FOR SIGNATURE)
cnon* xEQUES'rtn: Pass ordinance to adopt r"evised floodplain regulations and zoning maps for all property '
e City of Saint Paul located within the floodplain.
COMMFiNDA1TONS: Approva (A) or Reject (R) ERSONAI, SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this person/fvm ever worked under a contrnct for this depaivnert?
A_ PLANNING COMMISSION Yes No
CIB COMMITTEH 2. Has flils person/fum ever been a city emp]oyee?
CNII, SERViCE CONIIvIISSION Yes No .
3. Does iLis pecson/ficm possess a skill not nom�ally possessed by eny cuaent city employee?
Yes No<
Fsplain all yes answers on separate sheet and attach to green s6eet
Nota ticaWe
(A7'ING PROBLEAI, ISSUE, OPPORTUNTI'Y (Who, What, When, Where, Why):
City has recenfly completed a Flood Insurance Study (FIS) to update the Cily's Flood Insurance Ttate Map flood�
idaries. This study, wluch has been approved by the Federal Emergency Management Agency and Minnesota Deparhnex
¢al Resources detemilnes the boundaries for the Floodway and Flood Fringe overlay zoning district boundaries in
iplain. The City is required to adopt the amended floodplain ordinauce by April 2, 2003. Adoption of Uris ordinance
is a reauirement to maintain the Citds eliQibilitv for the National Flood Insurance Propram.
�VANTAGES Ik' APPROVED: � �
the City CouncIl approves. flus ordinance, the City's floodplain regularions will be in compliance with FEMA &
�uirements. Further. the Citv will maintain its elieibilitv for the National Flood Insurauce Proeram
IF APPROVED:
IF NOT APPROVED:
would lose its elieibiliri for the Narionai Flood
AMOUNT OF TRANSACI'ION:
SOURCE:
ACTIVITYNUMBER:
INFORMATION: (F.XPLATi�)
NOT A FINANCIAL MATTER
hiAR 0 4 2003
ClTY ATTQRNEY
� �.
a3 -�u
(.'I'I'Y �F' SAIN'I' PA�. 390 Ciry Hal! TeLephane: 651-266-8510
Randy C. Kelly, Mayor IS West Ke[[ogg Boulevard Facsimile: 651-266-8513
Saint Paul, MN 55702
February 27, 2003
Council President Bostrom and Members of the City Council
310 City Hall
Saint Paul, MN 55102
Dear Council President Bos1rom and Members of the City Council:
I am pleased to transmit for your consideration revision of the River Corridor Chapter of the zomng
ordinance and corresponding overlay zoning district maps. The purpose of these revisions are to update
the City's floodplain management regulations to be in compliance with Federal Emergency Management
Agency (FEMA) and Minnesota Department of Natural Resources (DNR) regulations. Failure to comply
with such regulations could result in terminarion of the City's eligibility for the National Flood Insurance
Program (NFIP).
Please note that the deadline for the City to come into compliance with FEMA floodplain regulations is
Apxi12, 2003. In addition, as of April 2, 2003, the revised Flood Insurance Rate Map (FIRM) printed
and published by FEMA will become effecrive. The floodplain and floodway boundaries shown on
these maps will become the river corridor overlay zoning districts (RCl, Floodway and RC2, Flood
Fringe) on the City's official zoning map.
You will receive a greensheet on this project for adoption of the revisions to the River Corridor Chapter
of the zoning code. I support their adopfion as recommended by the Planning Commission. If you have
any questions ar need additional information, please call Larry Soderholm (266-6575) or Allan
Torstenson (266-6579) of the PED staff.
ivinyvr
Enclosures
�
03 -ay�
Minnesota Department of Natural Resources
500 Lafayettz Road
S[. Paul, \linnesota SSlij-qp
Mazch 26, 2Q�3
The Honorable Randy Keily, Mayor
City of St. Paul
15 Kellogg Boulevard West
St. Paul, MN 55102-1635
Dear �ayor Keliy:
STATE APPROVAL OF PROPOSED FLOODPLAIlV ORI7INANCE REVISION
The Federal Emergency Management Agency (FEMA} has revised the FJ ood Insurance
Study Text and Flood Insurance Rate Map for the City of St. Paul with an effective date
of Apri12, 2003. By this effective date, your community must amend its floodplain
management ordinance consistent with state and federat floodplain management
standards to maintain its eligibility in the National Fload Insurance Program.
On Mazch 7, 2003, Mr. Allan Torstenson of your staff, via emaiI, submittad a final draft
floodplain ordinance revision to this office. These revisions were incorporated into a
document titled, "An ordinance amending Chapter 65 of the Saint Pau1 Legislative Code
peztaining to zoning for the City of Saint Paul with changes to the,River Cotridar Chapter
and conesponding overlay zoning district maps: '
On behalf of the Commissioner of Natural Resources, I am pleased to inform you that the
above-cited proposed orclinance amendment is in complzance with "Statewide Standards
and Criteria for Management of Floodplain Areas of PtrIinnesota," Minnesota Reguiations,
Parts 6120.5000 to 6120.6200_ Therefore, in accordance with Minnesota Statutes, Section
I03F.121, Subd. 2(g}, I hereby certify conditional state approval of the above-cited draft
ordinance. To the best of my knowledge, this proposed ordinance a�endrsenY is a!so
compliant with the floodplain management standards af the National Flood Insnrance
Program found in 44 Code of Federal Regulations, Section 60.3(d).
Please be advised that any fnture amendment of this ordinance or change in the
designation of flood prone areas requires prior approval of the Commissioner. Also note
that you are required to send copies of hearing notices and final decisions pertaining to
variances, conditional use permits, and ordinance amendments relating to this ordinance
to this agency. Please send these materials directly to DNR Waters' Area Hydroiogist
Molly Shodeen at BNR Waters, 1200 Wamer Road, St. PauI, MN, 55106. Please rely on
Ms. Shodeen far day-to-day assistance in ac�sninistering your community's floodplain
management ordinance.
DNR Information:651-296-6157 • 1-888-646-6367 • TTY:651-296-5484 • I-800-657-3929
An Fquat Opportuniry Employer Iss Printetl on Recycled Paper Contairung a
Who Values Diversiry d��r Minimum of 10% PoshConsumer Waste
March 26, 2003
The Honorable Randy Kelly
Page 2
Upon adoption, would you have your staff provide this office with three (3) certified
copies of the adopted ordinance amendments along with the signed and completed
Ordinance Certification Checiclist that I haue attached. Please provide these materials to
Mr. Tom Lutgen of my staff at this address as quickly as possible so that we can submit
one copy to FEMA's Regional Office in Chicago, IL by the Apri12, 2003 effective date.
Ycur commiini�y's cc,aperation and iniiiaiive in providing Por the reduction in fiood
I would especially like to thank Mr. Torstenson for his efforts m
dra$ amendments by the effective date.
Please contact Ms. Shodeen at (651) 772 -7910 shouid you need our assistance in the
future.
Sincerely,
DNR WATERS
bazghi Sium, P.�
Supervisor, Floodplain Management Program
& NFIP State Coordinator
Enclosure
C: Tira Miller, FEMA
Allan Torstenson
Dale Homuth
Molly Shodeen
DEPARTMENT OF PLANN7NG
& ECONOMIC DEVELOPMENT
M¢rth¢ G. Fuller. Director
CTTY OF SAINT PAUL
Randy C. Kelly, Mayor
February 19, 2003
Ms. Nancy Anderson
City Council Research Office
Room 310 City hall
Saint Paul, MN 55102
Dear Ms. Anderson:
25 West Fourth Street
Saint Paul, MN ii702
D3 -�-�
�
sa
Telephone: 651-266-6626
Facsim iie: 6i I -228-3347
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
March 5, 2003, for the following:
Purpose:
Address:
Revision and Adoption of Flood Plain Ordinance and Flood Plain
Zoning Map
All properties located within the floodplain in the City of Saint Paul
Previous Action: Planning Commisison will hold a public hearing on February 28, 2003
On Februazy 7, 2003, the Comprehensive Planning Committee
recommended holding a public hearing atthe Planning Commission on
February 28, 2003, and simultaneously forwarding the amendments to
the City Council so that the Apri12, 2003, FEMA deadline far City
adoption can be met.
My understanding is that this public hearing request will appear on the February 26, 2003 agenda and
you will publish notice of the hearing in the Saint Paul I,egal Ledger on Thursday, February 20, 2003
or no later than Monday, Febmary 24, 2003. Please call me at 266-6647 if you have any questions.
Sincerely,
Rich Malloy
C1Y�f P13T1I1CI
cc: File #00-140458
Paul Dubruiel
Carol Martineau
Wendy Lane, LIEP
Alan Torstenson
Larry Soderholm
FOTICE OF PUSIdC HEARIIYG _
The Saint Paul City Couaoii�vsill con-
duct a public hearing on Wedaesday,
Mareh 5, 2003, at 5:30 p.m. ia the City
Council Chambers, Third Floor, City
Ha1L-Courthouse, 15 West Kellogg
Boulevazd, Saint Paul consider
tke revision and adoption of YRoor Plain
Ordinance and Fluod PIain Zun'no Map
fos all properEy in the City of Saint Pavl
located witUin the flood plain.
Dated: February 21, 2003 � - �
NANCYANDERSbN, � -
Assiatant Clty conncil secretary
"(Feb=uazy 241
� � S'L Pi�OL LF.(iAL I�
R2060787 ,.. .
A.4-ADA-EEO Employer
DEPARTMENTOFPLANNING
& ECONOMIC DEVELOPMENT
Marth¢ G. Fuller, Director
CTTY OF SAINT PAUL
Randy C. Kelly, Mayar
�rr�
February 26, 2003
Ms. Nancy Anderson
•
•
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
25 West Fourtk Slreei
Saint Pmd, MN 55102
RE: Revision & Adoption of Flood Plain Ordinance and Flood Plain Zoning Map
City Council Hearing: March 5, 2003, 530 p.m., City Council Chambers
v3-��
Telephone: 61?-266-6.i 6.5
Facsimile: 672-2?8-3314
Purpose: An ordinance amending Chapter 65 of the Saint Paul Legislative Code pertaining to zoning
for the City of Saint Paul with changes to the River Corridor Chapter and overlay zoning
district maps.
Planning Commission Recommendation: The Planning Commission will hold a public hearing on
Friday, February 28, 2003. The Planning Commission's
recommendation will be forwarded to the City Council prior
to the Public Hearing.
Staff Recommendation:
District Council Recommendation:
Dear Ms. Anderson:
Approve
None
This amendment to the zoning code is scheduled to be heard by the City Council on March 5, 2003. Staff
will be prepared to present a summary of the amendments at the Public Hearing upon the request of the
City Council. Please contact me (266-6647) if you have any questions.
Sincerely,
'ch Malloy
City Planner
cc: Carol Martineau
Paul Dubruiel
Wendy Lane
Allan Torstenson
Larry Soderholm
AA-ADA-EEO Employer
p3 -z4i
�
Presented By
Referred To
Council File �
Ordinance n
Green Sneet n
ORDINANCE
C1TY OF SAtNT PAUL, MINNESOTA
Committee: Date
1 An ordinance amending Chapter 65 of the Saint Paul Legislative
2 Code pertaining to zoning far the City of Saint Paul with changes to the
3 River Comdor Chapter and conesponding overlay zoning district maps.
4
WHEREAS, the Mississippi River Corridor Plan adopted by the City Council on January 9, 2002,
recommends review and revision of the River Corridor Chapter of the zoning ordinance and conesponding
overlay zoning district maps; and
9 WHEREAS, the Department of Planniiig and Economic Development (PED) initiated a Flood Insurance
1�dy (FIS) in the fall of 2001 for the purpose of updating the City's Flood Insurance Rate Map (FIRM)
1 dway and flood fringe boundaries; and
12
13 WHEREAS, after completion of the FIS, the City was notified by the Federal Emergency Management
14 Agency (FEMA) on May 31, 2002, of proposed modifications of flood elevation determinations affecting the
15 FIRM, and on June 21, 2002, FEMA published a notice of proposed Base (1% annual chance) Flood
16 Elevations (BFEs) in the Saint Paul Pioneer Press; and
l7
l8 Wi�REAS, the statutory 90-day period for appeal of BFE determinations expired on September 19, 2002,
t9 and no valid requests for appeal ofBFEs were received by FEMA; and
?0
'-1 WHEREAS, on October 2, 2002, FEMA notified the City that the modified BFEs and revised FIRM map
'-2 panels aze effective as of Apri12, 2003, and that prior to Apri12, 2003, the City is required, as a condition of
3 continued eligibility in the National Flood Insurance Program, to adopt the new maps along with revisions to
;4 Saint Paul floodplain regulations to meet current FEMA standards; and
:5
;6 WHEREAS, the attached revisions to the River Corridor chapter of the Zoning Code have been drafted with
;7 assistance from staff at the Minnesota Deparhnent of Natural Resources (DNR) to meet current FEMA
:8 standards; and
9
� WHEREAS, on February 13, 2003, a notice of public hearing was published in the Saint Paul Legal Ledger,
1 and, on February 28, 2002, the Planning Commission held a public hearing at which all persons present were
2 ven an opportunity to be heazd in accordance with the requirements of §64300 of the Saint Paul Legislative
�e; and
4
WHEREAS, on February 28, 2003, the Planning Commission recommended approval of the revisions to the
River Corridor Chapter of the zoning ordinance and corresponding overlay zoning district maps; and �
WHEREAS, notice of a public hearing before the City Council on the revisions to the River Corridor Chapter
of the zoning ordinance and conesponding overlay zoning district maps was published in the Saint Paul Legal
Ledger on February 24, 2003; and
VJHEREAS, a public hearing before the City Council having been conducted on March 5, 2003, at which ail
interested parties were given an opportwuty to be heard, the Council having considered all the facts and
recommendations concerning the revisions of the River Corridor Chapter of the zoning ordinance and
corresponding overlay zoning district maps ; NOW, THEREFORE,
THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN:
� Section 1.
���=— � — °
S 1 That the zoning map of the City of Saint Paul, River Corridor Overlay Zoning District, Sheet Numbers,
52 1,2 3 4,5 6 7 8 9,10 11 12,13 14 15,16 17 18,19,20, and 21, as incorporated by reference in Section 60.301 of
53 the Saint Paul Leb slative Code, as amended, is hereby further aznended as shown on the map attached to this
>4 ordinance:
i5
i6
>7
�8
�9
�0
�l
.2
3
4
5
�
Section 2.
That Saint Paul Legislative Code Chapter 65 be changed to Chapter 68 and be amended to read as follows: •
Chapter 68�. Zoning Code - River Corridor Overl�y IIisfrictsx
*Editor's note—This chapter is derived from the following ordinances:
Ord. No.
16876
16931
16956
17116
17502
Sec.
Date
` 1-28-82
'� 6-15-82
-- 9- 9-82
-- 3-22-84
1 10-13-87
.. . �� .. ..�
�. � .
\\ � ~'�'
Sec. 685.101. Intent and purpose.
(a) The River Corridor Overlay District and its subclassifications, RC=1, RC=2, RC=3 and RC=4, are mapi
overlay districts, designed to provide comprehensive floodplain and river bluff management for the City
of Saint Paul in accordance with the poIicies of Minnesota Statutes (Chapters 103# and 116G), Minnesota
Page 2
63•?.�-�
si
82
8
8
85
86
87
88
89
90
91
92
93
94
95
96
97
98
�9
100
101
l02
(03
ip
Regulations (MEQC 54) and Governor's Executive Order No. 79-19.
It is the purpose of this chapter:
(1) To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the
benefit of the health, safety and welfaze of the citizens of the city and the state;
(2) To prevent and mitigate irreversible damage to the Mississippi River Corridor;
(3) To protect and preseroe the Mississippi Itiver Corridor as an essential element in the federal, state,
regional and local recreation, transportation, sewer and water systems;
(4) To maintain the River Corridor's value and utility for residential, commercial, industrial and public
purposes;
(5) To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological
functions;
(6) To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and
historic functions;
(7) To guide development of the floodplain so as to minimize loss of life, threats to health, and private
and public economic loss caused by flooding; and
' (8) To guide floodplain development in order to lessen the adverse effects of floods, but not to reduce or
� eliminate flooding.
07 (Ord. No. 168'J6, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 6, 5-6-93)
08
09 Sec. 685.102. Establishment.
10
11 (a) This ardinance shall apply to all lands within the City of Saint Paul shown on the river corridor overlay
12 zoning district maps as being located within the boundaries of the RC=1 River Corridor Floodway District,
13 RC�2 River Corridor Flood Fringe District, RC=3 River Corridor Urban Open Space District and RC=4
14 River Corridor Urban Diversified District.
15
16 (b) The t�veirtq=atx�(�}j river corridor overlay zoning district maps accompanying this rivei corridor code ;
1 � $$t��-6� �9$'F, together with all matters attached thereto, are hereby adopted by reference and made a
18 part of this �code as if the matters and information set forth therein were fully described herein. The
19 attached material shall include:
ZO
?1 (1) The Flood Insurance Study for the City of Saint Paul prepared by the Federal �ee
�z �rrisrish-atioa Emergencp Managament Agency (FEIVIA , dated
� ) ���April 2, 2003; and
'-4 (2) The Flood Insurance Rate Map, dated , Apri12, 2003.;�
?5 ' '
�� . .
'- [T'hese are superseded by the new FEMA maps in #2] �
�g
Page 3
129 (c) The RC1 F�oadway District sha11 include those areas desi�nafed.as flogduFay and Zone AE cvifliout
130 �loodway desigttation on the�loodl�isui�auce Rate Map. F'he FZood�ringe Disfrict shall iaclude fho�
131 areas designated as Zone AE anfl outsii�e of the floodway on the Flood Insurance Rafe Msp. [This
132 recommended laaguage from a Di�TR sample fIood plain ordinance.]
133
134 (de) Within these dishicts all uses not allowed as perruitted uses or as permitted uses subject to special
135 conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the
136 effective date of this chapter or amendment thereto will be pemutted to continue as provided in section
137 62.102 and section 65.900.
138
139 (Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; Ord. No. 17502, § 1, IO-13-87; C.F. No. 91-531, §§
140 7, 8, 5-6-93)
141
142 Sec. 6$5103. Compliance.
143
����r^�rr"tr�eg�re������yg�-�-�- ofrsco .orma[rczwrt�i�ieprav�s�onso�`f�is:-
145 oxd'uial�ce shall be, secuTecl pnanlo EFie erection, addition or aiteration of any btuldirig, struct�e,_nr portion
146 tliereof; prior ta_the use or change of use of a tzuileling, siractu��`or i��a �o `�te change or eatension
i47 of_a nonconfonni�ig use; and 'priar fo fhe placemenf"af,fill; eYCavatiau.of materials,_or:the sYar,age of
�48 TT1�tP.l3als pr,E�qUjprilBIIt Wlthitl �`le QoOd pr22Ti_ [Recommended language from a DNR sample flood plain ordinance
l49 to meet curtent FEMA standazds.J
50
_51 (ba) Compliance of uses or occupations required. No use or occupation of any lands, for any purpose
52 wkatsoever, shall hereaf}er be permitted within the River Corridor District without full compliance with th�
53 terms of this chapter and other applicable laws. •
54
55 (cb) Compliance of structures, fzll, etc. No structure, fill, material or object shall hereafter be placed on or
56 removed from lands within the River Corridor District, and no structures or other object shall hereafter be
57 Iocated, used, constructed, extended, converted or altered within the district without full compliance with
58 this chapter and other applicable laws.
59
60 (de) Submission of szte plan. A site pian shall be submitted to and approved by the planning commission in
61 accordance with section 62108 before a pernut is issued for any 8evelopment on property whoIIy or
62 partially located within the River Comdor District. For any development in the RC=1 and RC=2 districts,
63 the site plan shall include the regulatory flood protection elevarion; the proposed elevarion of fill; the
�4 proposed elevation of the lowest floor of new structures, altered structtues and additions to existing
55 structures; and the proposed elevation to which shuctures will be floodproofed.
56
57 (e�) Review of building permits for adequate fZoodproofing. All building pernuts for structures proposed to be
�$ floodproofed in the RC=1 and RC=2 dishicts shall be reviewed to determine whether the sh will be
�9 adequately floodproofed.
�0
�1 (fe) Cert�cation. Before a certificate of occupancy is issued for any development in the RC=1 and RC=2
'2 districts, the applicant shall submit to the zoning adininistrator certification by a registered professional
'3 engineer, reo stered architect, registered landscape azchitect orregistered land surveyor that the finished fill�
'4 and building elevations were accomplished in compfiance with the provisions of this ordinance. Finished
'� fill and building elevations shall be verified by ground surveys. Floodproofmg measures shall be certified
'6 by a regisYered professionat engineer or registered architect.
Page 4
c� 3- 4 �
���
l�d. ATO. 16931, 6-IS-82; Ord. No. 17ll6, 3-22-84; C.F. No. 91-531, § 9, 5-(_93)
1
180
181 ARTICLE II. 685.200. RIVER CORRIDOR OVERLAY DISTRICTS
182
183 Division 1. 685.210. RC=1 River Comdor Floodway OverIay District
184
185 Sec. 685.2ll. �riaeipa} uses.
186
187 (a)
188
189
190
191
192
193
194
The following uses shall be permitted within the RC=1 Floodway District to the extent that they aze not
prohibited by any other provision ofthe zoning code or other ordinances. The uses are subject to the
conditions of the underlying zoning district, to the standards for pririeipg} uses in the
Floodway District, section 6&5.212 and to the ?2iver Corridor Standards and Criteria, section 685.400.
(1) Nonstructural industrial-commercial uses, such as open-loading azeas, parking areas, interiar service
roads, airport service roads and airport runways.
195 (2) Public andprivaterecreational uses suchas golfcourses, tennis courts, drivingranges, archeryranges,
196 picnic and camp grounds, boat launching and beaching areas ar ramps, swimming areas, parks,
197 playgrounds, wildlife and nature preserves, game fanns, fish hatcheries, and hiking, bicycling,
198 horseback or recreational vehicle areas and trails, and other open space uses.
19� ?0 (3) Accessory residential uses such as lawns, gardens, parking areas and play areas.
?Ol
?02 (C.F. No. 91-531, § 10, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
?03
?04 Sec. 685.212. Standards for priacipa}�ses-pernnitted yses in the RCl Floodwa District.
?OS Y
?06
;07 '
:08 (a}) The use shall not s�t}} obstruct fload flows arsigirifieant}q tqxtke,pouzt that it increases the one
:09 percenf (T%)-,chance flood elevations and shall not involve shuctures, fill, obstruction, excavations or
:10 Storage of mate2lals or equipment. [This change is to meet Narional Flood Insurance Progiam standazds as required to
11 maintain St. Paul's eligibility in the National Flood Insurance Program]
12
13 (b�) The use shall have a low flood damage potential.
14
15 (c�) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any hibutary to the
16 main stream or of any ditch or other drainage facility or system.
17
18 (d�) No use sha11 be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
19 Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
20
?�' No. 17116, 3-22-84; C.F. No. 91-531, § ll, 5-6-93; C.F. No. 9�-1140, § 8, 10-18-95)
Pagz 5
222
223
224 Sec. 6$5.213. �4 Coaditionai uses
225 '
226
227
228
229
230
231
232
•
The following uses shall be permitted wi4hin the RC=1 Floodway District to the extent they aze not prohibited by
any other provision of the zoning code or other ordinances. The uses shall bepernutted only upon the application
and issuance of a speei� conditionat use permit by the planning coxnmission. The uses are subject to the
conditions of the underlying zoning district, to the standazds for co '�'
. . . . prnreipa� � ndiUoriai uses peir�i���
the Floodway District, section 68�.214 below, and to the River Corridor Standards and
Criteria, section 6$5.400 below.
233 (a}) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines and
234 pipe lines.
�2,3_5
236 (b�) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control structuras and navigation�
237 facilities.
Z38
?39 (c�) Storage yards ar areas for equipment, machinery or butk materials.
?40
>_41 (d�) Structures accessory to pernutted uses, section 65.212, or condifional uses of this section.
?42
?43 (e5�) Placement of fill.
?44
�
'45 (f6) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the
:46 intent is to protect individual structures.
:47
'.48 (C.F. No. 91-531, § 12, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
49
50 Sec. 685.214. Standards for griaeipx} conditiona} uses in the RCI
51 Floodway Disirict.
52
53 T' '^�rrar-�zs nr� �,,;tsrA-.-, i' r r _- -- .,_ r, . _. .
�.��,�+ �,���
55
56 (a�) No structure (temporary orpermanent), fill deposit (including fill for roads and levees), obstruction, storage
57 of materials ar equipment, or other use may be allowed which will cause an increase in the height of the
>8 regional flood or cause an increase in flood damages in the reach or reaches affected.
>9
SO (bZ) Fill shall be protected from erosion by vegetarive cover, mulching, riprap or other acceptable method.
il
i2 (c3) Accessory struchzres shall not be designed for human habitation.
i3
i4 (d�) Accessory structutes shall be conshucted and placed on the building site so as to offer the minixnum•
�5 obstruction to the flow of floodwaters.
�6
(1)� Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction
of flood flow; and
n3• 2A� �
Z�o
27
2
273 e5)
274
275
276
277
278 (f6)
279
280
281
282
283
284
285
286
Z87
?88
Z89
?90
(2)b: So far as practicable, structures shall be placed approximately on the same flood flow lines as those
of adjoining structures.
All 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 accessory shuctures shall be
no lower than one (1) foot below the rea latory flood protection elevation and the fill shall.extend at such
elevation at least fifteen (15) feet beyond the outside lim:ts of the shucture erected thereon.
As an altemative to elevation on fill, accessory structures may be structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classification in the state building code or floodproofed
to the FP-3 or FP-4 floodproofmg classification in the state building code, provided the accessory sfructure
constitutes a minunal investment, does not exceed five hundred (500) squaze feet in size and for a detached
garage, the detached garage must be used solely for parking of vehicles and limited storage. All
floodproofed accessory structures must meet the following additional standazds, as appropriate:
(1 Ja- The structure must be adequately anchored to prevent flotation, coliapse or lateral movement of the
structure and shall be designed to equalize hydrostatic flood farces on exterior wa11s; and
(Z)b: Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood
protection elevatidn or properly floodproofed.
?91 (�) Storage of materials or equipment may be allowed if readily removable from the area within the time
'-9 available after a flood waming and in accordance with a plan approved by the planning commission.
?9
?94 $)
!95
;96
:97
:98
Structural warks for flood control that will change the course, current or cross-section ofprotected wetlands,
arpublic waters shall be subjectto the provisions ofMinnesota Statutes, Chapter 10�;G5, Community-wide
shucharal works for flood control intended to remove areas from the regulatory floodplain shall not be
allowed in the floodway.
99 (i9) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the regional flood and
00 the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
O1
02 (j}$) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
03 Section 115.01, unless adequate safeguards, approved by the state poIlution-control agency, are provided.
04
OS (C.F. No. 91 § 13, 5 C.F. No. 95 § 8, 10
06
�� Division 2. 685.2206. RC=2 River Corridor Flood Fringe Ovetlay District
08
�9 Sec. 685.221. �rineipx} permitted uses germitt�$.
10
Page 7
�
311
312
313
314
315
316
317
318
319
Permitted uses in the RC=2 Flood Fringe Overlay District shall be those uses of land or structures listed
permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of was�
materials and landfills shall not be permitted. The uses are subject to the conditions of the underlying zoning
di strict, to the standards for pri�p�ses permitted pses in the Flood Fringe Dishict, section 685.222 below, to
the Standards for All Flood Fringe Uses, secrion 685.225 below, and Itiver Corridor Standards and Criteria,
section 68�.400 below.
(Ord. No. 17ll6, 3-22-84; C.F. No. 9I-531, § 14, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
320 Sec. 685.222. Standards for � permitted uses in the I2C2 Flood FYinge District.
321
322
323
324
326
327
328
329
� .: . . : ::. . _ : .� ..
. . . :-�� • :.:: :
(a�) All structu:es, including accessory structures, must be elevated on fill so that the lowest floor
_�.��,,e,.t ��,._ ._ .. - � ., . -
structures shall be not lower than one (1) foot below the regulatory flood protection and &11
shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected
thereon.
>30 (b�) As an alternative to eIevation on fill, accessory shuctures that constitute a minimal investment and that do
331 not exceed five hundred (500) squaze feet for the outside dimension at ground level may be internally
332 floodproofed in accordance with section 6fi5.214(ffr).
> • S34
�35 � �
36 � �
37 requuement, and placement of fill receives adequate review and re lation throu h the Ci ��s is not a state or federal
3 8 This change will eliminate redundant and unnecessary conditional u e ermit a gications � s site plan review requirements.
39 P PP �
40 (c�) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
41 elevation.
42 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 15, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
43
44 Sec. 685.223. �riueipat Couditional uses
45 •
46
�7
�8
�9
i0
il
>2
The following uses shall be permitted within the RC=2 Flood Fringe District to the extent they are not prohibited
by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the
disposal of waste materials and landfills shall not be permitted. The use shall be permitted only upon the
application and issuance of a speei�t conditionat use permit by the plantting commission. The uses aze subject
to the condifions ofthe underlying zoni ng district, to the standards forprineipa} conditiorial uses per�n'rt�jeet
� �� in the Ftood Fringe District, section 685.224 below, to the Standards for All Flood Fringe
Uses, section 685.225 below, and to the River Comdor Standazds and Criteria, section 685.400.
Page 8 •
03 •�
353 (ai-) Any structure that is not elevated on fill or floodproofed in accordance with section 68�.222(ai-) or (bZ)
35 above.
3
35 �) Any use of land that does not comply with the standards in section 685.222(c'�)-ar f4j,
357
358 (c�) Sewa�e treatment plants.
359 (Ord. �`o. 17116, 3-22-84; C.F. No. 91-531, § 16, 5-6-93; C.F. No. 9�-114Q § 8, 10-IS-95)
360
361 Sec. 685.224. Standards for �rriaeipa} condifioual uses
362 Ftood Fringe District. in the BC2
363
364 i ri � � . _,_--''�'_ • .. -- -
365 eoaditiares-
366
367 (a�)
368
369
370
371
Z72
�73
�74
77
7�
78
79
80
81
82
33
34
35
36
37
38
>9
)Q
�1
r2
��
Alternative elevation methods other than the use of fill may be utilized to elevate a struchxre's lowest floar
above the regulatory flood protection elevation. These altemative methods may include the use of srilts,
pilings, pazallel wa11s 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 azea is above grade on at least one (1) side of the structure; 2) is designed to internally
flood and is constructed with flood-resistant materials; and 3) is used solely forparking ofvehicles, building
access or storage. The above-noted alternative elevation methods are subject to the followir.g additional
standards:
(1)a: Designandcertification.Thestructure'sdesignandas-builtconditionmustbecertified6yaregistered
professional engineer or architect as being in compliance with the general design standazds of the
Sstate Bbuilding Ceode and, specifically, that all electrical, heating, ventilation, pluxnbing and air
conditioning equipment and other service facilities must be at or above the regulatory flood protection
elevation ar be designed to prevent floodwater from entering or accumulating within these
components during times of flooding.
(2)ir. Specific standards for above grade, enclosed areas. Above grade, fully enclosed azeas such as crawl
spaces or tuck-under garages must be designed to intemally flood and the design plans must stipulate:
a�. The minimum area of openings in the walls where internal flooding is to be used as a
floodproofing technique. When openings aze placed in a structure's walls to provide for entry
of floodwaters to equalize pressures, the bottom of all openings shall be no higher than one (1)
foot above grade. There sfiall be a mtnimum of two openings and the openings s1�aI1 be placed
On 3t le3St tWO W3�S Of tlle StruCYUTE. ['17us change is to meet current language in FEMA regulahons as
required to maintain St. Paul's eligibility in the Narional Flood Insurance Prograui.j Openings may be
equipped with screens, louvers, valves or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
Page 9
u
394 b�. That the enclosed area will be designed of flood-resistant materials in accordanca with the FP�
395 or FP-4 classifications in the state building code and sha11 be used solely for building access,
396 parking of vehictes or storage.
397
398 (b�) Basements, as defined by section 60.203�.B far this river corridor code, shall be subject to the following:
399
400 (1)$: Residentialbasementconstructionshallnotbeallowedbelowtheregulatoryfloodprotectionelavarion
401 except as authorized in subsection (fJ of fhis seetion.
402
403 (2)1r. Nonresidential basements may be allowed below the regulatory flood-protection elevation, provided
404 the basement is protected in accordance with subsection (c�) or (fl
405 of this section.
406
��7 �C�� Allareacnf,,.,,,ro�:ae....-:_�_�__�. � , .. .
etavahon shall be structurally dry floodproofed in accordance with the FP-I�or FP-�
classifications in the state building code. This shall require making the structure watartight, with the walls
substantiaily impexmeabie to the passage of water and with shuctural compottents having the capabiliTy of
resisYing hydrostatic and hydrodynamic Ioads and the effects of buoyancy. Structures floodproofed to the
FP-3 or FP-4 classification shall not be permitted.
,. . ---w_ ............... a.
BLL$}tfi Pfj'iiim o i ci17 xr—art
- - �- ----r `� "�` y [With §65.222(3} deIeted, placement of>1000 yards
of fill is no longer a condirional use and this paragraph is no longer appropriate. This para�raph is not a state or federal
requirement, and placement of fill receives adequate review and regularion through the City's site plan review requirements.]
-- a___ . ...� i...vuyi��c
[Once an area is protecfed by a certified dike, levee or floodwall it is removed from the regulytory floodplain and is no longer
in the RC2 Flood Fringe District. Therefore, this pazao aph is redundant.]
?7 (d6} Sforage ofmaterial and equipment shatl be subject to the following:
�g
?9 {1)� Storage ofmaterials or equzpmen[, inciuding materials that are flammable, explosive or potentially
'� injurious to human, animal or plant life may be aliowed if:
�1
� a�-. Readily removable from the azea within the time available after a flood warning system and in
3 accordance with a plan approved by the plaimuig commission; or
4
b�. Floodproofed according to the Sstate Bbuilding Ceode; or
Page 10 •
�3•'Z41
ove the regulatory flood protection elevation by altemative methods which meeY the
ts �section (a'r) above; or
� .[Once an area is protected by a certified dike, lecee of floodwall
4omthe reaulatory floodplain and is no longer in the RC2 Flood Fringe Dishict, so this provision
iterials maybe allowedprovided an erosionlsedimentation controlplan is submitted
:ifies methods to be used to stabilize the materials on site for a regional flood event.
- prepared and certified by a registered professional engineer or other qualified
ible to the planning commission.
dirion ormodification to existing sewage treatmentplants shall be perxnittedwithin
�ergency plans and procedures for action to be taken in the event of flooding are
approved by the Minnesota Pollution Control Agency. The emergency plans and
° for measures to prevent introduction of any pollutant or toxic materials into the
;eney 1�Iariagement Agency has a Conditional lett8r of MaR Revision=Fi11
�arcels of land elevated by fill #o (1%0� chance ffood elevatiop,_the
�ns sub�ect to fhe provisxons o€tTi� arc�x�rauce A sYtuctuze inay'jae placed on the
h fhe-Tawes� �1`oor beloiv;fhe regrzlatory;flood prote6tion elevafion.provided the
��ovLStoils'
�rrion ofa stmcture that zs-belaw #he regulatory floodproteei�au eIevation sfia�l l�e
�ace;o�.€orstoiaeeof`ariviirn»ei-ro>{m2ra�.�=i� •-�:... . , _:_ . ,
;n coi�tacte"cI by floc
`ving,'sfeepiii�;"ea�in
�•dry or utility.space;
ion tfie �raseinent iIoor may:be plaaed belbw the regulatory
vation spb�ect to the followuig standards:
a immedi2�e floor above any liasemer�t area shalI be placed at or above the
�d ptotection elevation.
° shvcture placed,beIow the,regulatary flood protecEiori elevation shall mee`t the
�afe From Flooding" standard's in the �'edezal EmergencX Management.Agency
carion enfitled �Ezzcunng thdt Siructures Build on FiZl3n or Near SpeciEzl Flood
Are ReasonabZV Sa�e F'ro/n F7obdirig, Teohnfcal BuIletin 1 Q-O 1, a cdpy'of�vhich
ated by reference and made garE af this oxdinance. In accardance wifh the
Page I1
•
477
478
479
480
481
482
483
484
485
486
487
488
489
provisions of fhis ordinance; ax�d specifically sectign 68.504(g), �iie applicant shall sub
documentation that fihe sirncture is desi�ned aud btultin accordance wifh either flie "Simp}ifi�
.4pproach" or "Engineeied Basement'Option" found urPE11%�l Technical Birlletia-10,01.
a If the ground surrouncEing tfie lo�est ac}jacesit grac�e to�the sfructure-is not at or above the
regiilatory flood protection elevation,_the� aiay.:portian af the s�ettu�a that is below fhe
regulafory flood protection elevation must be #loodproofed consisfent,with any of the FP-1
through FP-4 floodproofing cFassifications faund iii the S#ate Btuldmg C,ode.
jThis added language provides for such tlungs as the imderground parking for the Upper Landing project with language that is
consistent with FEMA standazds.]
(C.F. No. 91-531, § 17, 5-6-93; C.F. No. 95-114Q § 8, 10-IS-95)
490 Sec. 685.225. Standards for all I2C2 Flood Fringe uses.
,.__4..�??_...
492 � — ---
493 �
494 (a�) Tlehicularaccess. Ail newprincipaI structures must have vehicular access at or above an elevation not more
495 than two (2) feet below the regulatory flood protection elevation. If a modification to this requirement is
�96 granted,theplanningcommissionmustspecifyliruitationsontheperiodofuseoroccupancyoftheshucture
�97 for times of flooding and only after determining that adequate flood waming time and local floo3 emergency
�98 response procedures exist.
399
i00 (b�) Commercial uses. Accessory land uses, such as yazds, railroad tracks and parking lots may be at elevations"
i01 lower than the regulatory flood protection elevation. However, a pernut far such facilities to be used bythe
�02 employees or the general public shall not be granted in the absence of a flood waming system that provides
� 03 adequate time for evacuation if the azea would be inundated to a depth greater than two (2) feet or be subj ect
�04 to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.
�OS
06 (c3) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant
�7 operations. Certain accessory land uses such as yards and parking lots may be at Iower elevalion subject to
08 requirements set out in subdivision (2) above. In considering permit applications, due consideration shall
09 be given to needs of an indnstry whose business requires that it be located in floodplain areas.
10
11 (d�) Standards pertaining to fzll. Fill shall be properly compacted and the slopes shall be properly protected by
12 the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management
13 Agency (FEMA) has estabIished criteria for removing the special flood hazazd area desi�ation for certain
14 structures properly elevated on fill above the �96�+ear-one perceuf (1%}ehanee flood elevation. FEMA's
1� requirements incorporate specific fill compaction and side slope protection standards for mulfistructure or
16 multilot developments. These standards should be investigated prior to the initiation of site preparation if
17 a change of special flood hazard azea designation will be requested.
L8
Page 12 •
r�3-2�i-�
si9 �es�
5�
�
5
523 (f6)
524
525
526
DeveZopments not to affect hydraulic capacities. Floodplain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining floodplain of any tributarywatercourse or drainage system
where a floodway or other encroachment limit has not been specified on the official zoning map.
Manufactured homes. Manufactured homes must meet all the density, setback and other requirements for
residentiai use ofthe zoning code and a11 requirements ofthe housing and building code. Trazrel trailers shall
not be used for living quarters.
527 (g�) Pollution of water-s. No use sha11 be permitted which is likely to cause pollution of waters, as defined in
SZ$ Minnesota Statutes, Section ll5.01, unless adequate safeguazds, approved by the state pollution control
529 agency, are provided.
530
531 (C.F. No. 91-531, § 18, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
S32
533
�34
>35
Division 3. 685.230. RC=3 River Corridor Urban Open �verlay District
i36 Sec.685.231.Intent.
>37
i38 It is intended that lands and waters within this disYrict shall be managed to conserve and protect the existing and
�39 potential recreational, scenic, natural and historic resources. Open space provided in the open river corridor is for
�40 public use and the protection of unique nahual and scenic resources. The existing transportation role of the river
�41 in this district will be protected.
4 �� No. 95-1140, § 8, 10-18-95)
4
44 Sec. 685.232. �t iaei1m} Permi;tfei} uses �crmitt��,
45
46 In the an RC=3 River CorridorUrban Open overlay district, use ofthe land, location and erection ofnew buildings
47 or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations
48 or districts shall conform to those specified uses and standards of the corresponding underlying dishict as
49 established in section 60.303} to the extent that they are not prohibited by any otherprovision ofthe zoning code.
50 In addition, permitted uses shall be subject to the following applicable standazds and those in section 685.400 et
51 seq.
)2 (C.F. No. 95-114Q § 8, 10-18-95)
i3
i4 Sec. 685.233. Standards for prineipxl uses in the RC3 Urban Open District.
i5
i6 (a) Development sha11 be limited to forty (40) feet in height.
�7
'8 (b) The development of new and expansion of existing conunercial and industrial uses shall only be on lands
� which aze on the landward side of blufflines.
�0
Page 13
�
561 (c) Mining and exhaction operations shall not be permitted. •
562
563 (d) No use shali be pernutted which is likely To cause pollution of water, as defined in IVlinnesota Sfatutes,
564 Section ll 5.01, unless adequate safeguards, approved by the state pollution control agency, aze provided.
565 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 36, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
566
567 Sec. 6&5.234. �'rineqr�Conditional uses
568 '
569 (a) �rmeip�t Cbndifional uses � ' � �' are those specified by the corresponding
570 underlying district as established in section 603Q3� to the extent that they aze not prohibited by any other
571 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedintheconespondingunderlyingdistrict
572 section and to those specified in sections 685.233 and 685.400 et seq.
573
574 (b) Such uses will be permitted only upon application and issuance of a speei�at conditionat use permit by the
�'� -- – --- - —
576 (Ord. No. 17646, § 9, 4-6-89; C.F. No. 95-I140, § S, 10-18-95) ��
5?7
578 Division 4. 685.240. RC=4 River Corridor Urban Diversified Overlay District
579
580 Sec. 685.241.Intent.
It is intended that the lands and waters in this district be used and developed to maintain the present divarsity�
commercial, indushial, residential and public uses of the lands, including the existing transportation use of t
river; to protect historical sites and areas, natural scenic and environmental resources; and to expand public access
to and enjoyment of the river. New commercial, industrial, residential and other uses are permitted if they aze
compatib2e with these goals.
(C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.242. �'rinei�a}uses uses.
In the an RC=4 River Comdor Urban Diversified overlay district, use of the land, location and erection of new
buildings or structures and the alteration, enlargement and moving of existing buildings or structures from other
locations or dish shall conform to those specified uses and standards of the corresponding underlying district
as established in section 60303� to the extent that they aze not prohibited by any other provision of the zoning
code. In addition, permitted uses shall be subject to the standards specified in section 685.400 et seq.
(C.F. No. 95-1140, § 8, 10-18-9�)
Sec. 685.243. Standards for primigai�ses uses in the RC4 Urban Divers�ed District.
No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section
115.01, unless adequate safeguards, approved by the sfafe poIlution control agency, are provided.
Pa�e 14
•
D3 2h�
603 (C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
6�
6 . 685.244. 3'rintiga} Conditional uses
60
607 (a) 3'rmeipal Conditional uses are those specified by the conesponding
608 underlying dishict as established in section 60303} to the extent that they aze not prohibited by any other
609 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedinthecorrespondingnnderlyingdistrict
610 section and to those specified in section 685.400 et seq.
611
612 (b) Such uses will be permitted only upon application and issuance of a speeia} conditional use permit by the
613 planning commission.
614 (C.F. No. 91 § 37, � C.F. No. 95 § 8, 10
615
616
617 ARTICLE III. 685.300. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
618
619 Sec. 685.301. Public utilities, railroads, roads and bridges.
620
621 (a)
622
623
624
62�
6
62
628
629
630
631
632
633 (c)
634
Public utzlities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to
be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to
above the regulatory flood protection elevation.
Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall
comply with sections 685.210 and 685.220 of this chapter. Elevation to the regulatory flood protection
elevation may be required by the planning commission where the failure ar 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.
On-site sewage treatment and water supply systems. Where public utilities are not provided:
635 (1) On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters
636 into the systems; and
637
638 (2} New or replacement on-site sewage treatment systems must be designed to minimize or eliminate
639 infiltration offloodwaters into the systems and discharges from the systems into floodwaters and they
640 shall not be subject to impaiiment ar contamination during times of floodin�.
641
642 Any sewage treahnent system desia ed in accordance with the state's current statewide standazds for on-site
643 sewage treatment systems shall be determined to be in compliance with this section.
Page IS
�
644 (C.F. No. 91-531, § 19, 5-6-93)
645
646 ARTICLE IV. 685.400. RNER CORRIDOR STAI`TDARDS AND CRTI'ERIA
647
648
649 �
�
650 Sec. 685.401.Objectives,
651
652 The obj ecrive of standards and criteria is to maintain the aesthetic inte�ity and nattzral environment of the river
653 corridor in conformance to the St. Paul Mississippi River Corridor Plan byreducing the effects ofpoorlyplanned
654 shoreline and bluffline development; providing sufficient setback for sanitary facilities; preventing pollution of
655 surface and groundwater; minimizin� flood damage; preventing soil eroszon; and implementing metropolitan
656 plans, policies and standazds.
657
�� �_.--__,... ---- ----- - - -
659 - . . . - — - --- _-- -- _ --
660 Sec. 685.4023�. Protection of shorelands, fioodglains, wetlands and bluffs.
561
Generally. Development shall be conducted so that the smallest practical area of land be developed at any
one time and that each area be subjected to as little erosion or flood damage as possible duriug and after
development.
Placement ofstructures:
.
lV •
�
(13) The following minimum setbacks for each class of public waters as described in Minnesota
ReguIations NR-82 shall applyto all structures except those specified as exceptions in subsection (79)
below.
a. For natural environment waters at least rivo hundred (200) feet from the normal high water mark
for lots not served by public sewer and at least one hundred fifty (150) feet from the ordinary
high water mark for lots served by public sewers.
b. For general development waters at least seventy-five (75) feet from the normal high water mazk
for lots not served by public sewer and at least fifty (50) feet from the ordinary high water mark
for lots served by public sewer.
(2�) No commercial or industrial development shall be pemutted on slopes greater than rivelve (12)
percent.
Page 16
•
0 3-��
685
6 � 6
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
70
70
709
710
711
712
713 (c)
�14
�15
�16
'17
'18
'19
'20
'21
, 22
23
'24
25
(3�) No residential development shall be persnitted on slopes greater than eighteen (18) percent.
(4fr) Bluff development shall take place at least foriy (40) feet landward of all blufflines.
(5�) Transportation, utility and other transmission service facilities and corridors shall avoid:
a. Steep slopes;
b. Intrusions into or over streams, valleys and open exposures of water;
c. Intrusions into ridge crests and high points;
d. Creating tunnel vistas;
e. Wetlands;
f. Forests by n,nning along fiinge rather than through them. If necessary, to route through forests,
utilize open areas in order to minimize cutting;
g. Soils susceptible to erosion, which would create sedimentation and pollution problems;
h. Areas of unstable soils which would be subject to extensive slippages;
I. Areas with high water tables; and
j. Open space recreation areas.
(6$) At river crossing points, public facilities, crossing corridors and other rights-of-way shall be
consolidated, so that the smallest area possible is devoted to crossing.
(79) Exceptions:
a. Location ofpiers and docks shall be controlled by applicable state and local regulations.
b. Commercial, industrial or permitted open space uses requiring location on public waters may
be closer to such waters than the setbacks specified in the standazd set out in subsection (3)
above.
Gracling and falling:
(1) A muumum amount of filling shall be allowed when necessary, but in no case shall the following
restrictions on filling be exceeded. Furthermore, fill opportunities shall be fairly apportioned to
riparian landowners. The developer shall evaluate ownership patterns, configuration and the bottom
profile of each wetland basin before fill opportunities are apportioned.
(2) Grading and filling in shoreland areas (when allowable) or any other substantial alteration of the
natural topography shall be controlled in accardance with the following criteria:
a. The smallest amount of bare ground shall be exposed for as short a time as feasitle.
b. Temporary ground cover shall be used.
c. Methods to prevent erosion and trap sediment shall be employed.
Page 17
�
d. Fill shall be stabilized.
��1�\l�Al�l\9�.�
(3�) Only fill free of chemical pollutants and organic wastes shall be used.
�
(45) Total filling shall not cause the total natural flood storage capacity of the wetland to fall below the
natural volume of runoff from the wetland and watershed generated by a 100-year storm, as defined
by the National Weather Service.
(56) Solid waste disposal and landfill shall not be pernutted in the River Corridor District.
738 (6�) Development shall fit existing topography and vegetation with a minimum of clearing and grading.
739
^�� ab� ' tion slo es shall be st � l �
_ __._ _ _ -- ---- --
740 (7$) No reh ihta p eeper than eighteen (18) percent slope.
.,.,
($4) Dredging of a shoreland or wetland shall be allowed only when it will not have adverse effect upon
the wetland. Dredging when allowed shall be lisnited as follows:
a It shall be located in the areas of minimum vegetation.
b. It shall not significantly change the water flow characteristics.
a The size of the dredged area shall be limited to the absolute minimum.
d. Deposit of dredged material shall not result in a change in the current flow, or in deshuction o
vegetation or fish spawning azeas, or in water pollution.
(Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 31, 5-6-93; C.F. A*o. 93-1718, § 88, 12-14-93)
�52 Sec. 685.403iz. Protection of wildlife and vegetation.
�53
'S4 Development shall be conducted so as to avoid intrusion into animal and plant habitats.
'S5
'S6 (ai-) No alterarion of the natural environment or removal of vegetation shall be permitted when such aiteration
'S7 or removal would diminish the ability of dependent wildlife to survive in the River Corridor.
'S8
59 (bZ) No wetland or bluffline vegetation shall be removed or altered except that required for the placement of
60 structures.
61
62 (c3) Clear cutting shall be prohibited except as necessary for placing approved public roads, utilities, structures
63 and pazking azeas.
64
65 (d#) Natural vegetation shall be restored after any construction project.
66
Page 18 �
� 3 z¢�
�6� ��>
7� 7 )
770
771
772
Watering areas necessary for plant survivai shall be maintained or provided.
Development shall not cause extreme fluctuarions ofwater levels orunnaturai changes inwatertemperature,
water quality, water currents or movements which may have an adverse impact on endangered or unique
species of birds or wildlife.
773 Sec. 685.404is. Protection of water quality.
774
775 (a) General?y. Development shall occur so that surface and subsurface water is not adversely affected by
776 contaminants. Water quality should meet or exceed state standards.
777
778 (b) Contamination:
779
7$0
781
782
783
784
785
786
787
788
7 � 7
191
792
793
794
795
�96
l97
'98
'99
�00
�O1
02 (c)
03
04
OS
06
07
(1) Development shall not be permitted on wet soils, very shallow soils, soils with high shrink-sweli or
frost acfion potential unless it is shown that appropriate construction techniques capable of
overcoming the restrictive condition will be utilized.
(2) Septic tanks and soil absoiption systems shall not be permitted where public sewer systems are
available. In areas where public sewers aze not available, system shall be set back from the normal
high water mark in accordance with the class ofpublic waters as prescribed in Minnesota Regulations
NR-82:
a.
�
On natural environment waters, at least one hundred fifty (150) feet.
On general development waters, at least fifty (50) feet.
(3) Private wells shall be placed in azeas not subject to flooding and up slope from any source of
contamination. Wells alreadyexisting in areas subject to flooding shall be floodproofed in accordance
with accepted engineering standazds as defined in the Uniform State Building Code.
(4) Commercial or industrial land uses requiring the storage orproduction ofmaterials or wastes that may
create a pollution hazard for groundwater or surface water shall be prohibited unless the quality of
both the groundwater and surface waters can conform to all applicable state and federal standards,
criteria, rules and regulations.
Runoff.•
(1) The phases of development shall be planned so that only areas which are activelybeing developed aze
exposed. Other areas shall have cover of vegetation or mulch.
(Z) Natural vegetation in shoreland and bluff azeas shall be preserved to retard surface runoff and soil
Page 19
�
808
809
810
811
812
813
814
815
816
817
818
819
erosion and to utilize excess nutrients.
�
(3) Sediment shall be retained within the development site area either by filtering runoff as it flows
through the development area or by detaining sediment-Iaden runoff in a sediment basin so that the
soil particles settle out.
(4) Water released to a drainage system shall be directed in such a manner as to travel over natural areas
rather than across established surfaces.
(5) Stormwater runoff may be directed to wetlands only when free of silt, debris and chemical pollutants
and only at rates which will not disturb vegetation or increase turbidity.
820 (6) Development which takes place near slopes greater than twelve (12) percent shall not result in
_821 increased r unoff onto those slopes sufficient to damage vegetation ar structures thereon.
823
824
825
826
827
828
829
330
331
(7) Plans sha11 be submitted to the plaiuiing commission for any development placed landward from
dikes, floodwaIls or Ievees which is below the flood protection elevation of the dikes, floodwalls or
levees. The plans must provide measures to ensure that floodwaters do not back up onto the
development from stormwater drainage systems.
(C.F. No. 91-531, § 21, 5-6-93)
.. . 11 ' •..•
s. . : ... . ._. � � � � � �
332 Sec. 685.501. Application.
333
334
335
336
337
338
�39
;40
�41
�42
;43
�44
45
46
47
48
,
.� .. ��
� .(Thisisalreadycovered
in exisring sec. 64.300/new sec. 61.500.] Applications for condifional use pernuts shall be submitted and reviewed
according to the provisions in section 64300. trrtl+�nt9 ,� .ti ___ ___•.,_ _
� a wg
• � �, The planning administrator shall determine
whether to require any or all of the following six (6) items of information to be supplied by the applicant as a
prerequisite to the consideration of the application:
(a-�) Pians in triplicafe drawn to scale, prepared by and si�ed by a registered engineer, azchitect and/or land
surveyor as applicable, showing the nature, location, dimensions and elevation ofthe Iand; existing surface
contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and
elevations of proposed streets, �vater supply, sanitary facilities and other utilities showing the relationship
of the above to the channel and to the designated River Corridor District limits.
Page 20
�
o3�ta�
849 (b�)
8 � 8
852 (c3)
853
854
855 (d�)
856
857
858
Specifications for building construction and materials, floodproofing, filling, dredging, grading channel
improvements, storage of materials, water supply and sanitary facilities.
Typical valley cross-sections of azeas to be occupied by the proposed development showing the cliaunel of
the stream, elevation of land azeas, high water information, vegetarion and soil types.
Plan (surface view) of the proposed development showing the proposed use or uses of the area and
structures and providing location, relationships and spatial arrangements ofthose uses and related structures
to pertinent elevations, fill, storage location, utilities and other feahues.
859 (e5) Profile showing the slope of the bottom of the channel and flow lines of the stream.
860
861 (f6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in
862 relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of
863 plans for flood protection and other technical matters.
864 (C.F. No. 91-531, § 23, 5-6-93; C.F. No. 95-1444, § 5, 1-17-96)
865
866 Sec. 685.502. Other perznits.
867
868 Applicable speeia} conditionaI use pernuts for lands in the designated River Corridor Dish must be obtained
869 prior to application for ail other permits required by law and ordinance. ��amng-and-Speesa} Conditionat use
570 pexmits for River Corridor areas are supplementary to other zoning and building permits.
37 F. No. 95-1444, § 5, 1-17-96)
3
37 ec. 685.503. Factors considered.
374
375 In, addition to;tha gerieral sfar�dards and requirements in segtion;61i500 and a11 ot}�ar relepant factais�spec}fied
376 in 6ttiier sections=of 2his .cliapter, in ceviewing � conditional use permit applications, the
377 planning commission or planning administrator shall consider }� � +-� r `';�n
378 tixse}raptera�the follocvixig :
>79
>80 (a�) The relationship of the proposed use to the comprehensive plan and floodplain management pro�am for
>81 the city.
!82
�83 (b�) The importance of the services provided by the proposed facility to the community.
�84
85
86 � [Thisduplicateswhatisalreadyinthegeneralstandardsforcondirionaluseperxnitsinsection64300(d).]
87
88 (c#) The ability of the existing topography, soils and geology to support and accommodate the proposed use.
84
Page 21
�
890 (d5) The compatibility of the proposed use with existing characYeristics of bio2ogic and other na�
891 communities.
892
893 (e5) The proposed water supply and sanitation systems and the ability of those systems to prevent disease,
894 contamination and unsanitary conditions.
895
896 (f�) The requirements of the facility for a river-dependent location, if applicable.
897
898 (g$) The safety of access to the property for ordinary vehicles.
894
900 (h9) The suscepfibility of the proposed facility and its contents to flood damage and the effect of such damage
901 on the individual owner.
902
•'y .....� �- ..,. " 9.t'a" e = . . 3 :3_q" ='�e� e : a: B ' ' "�
. . � er000 ""� 3 _" '"' .i 'p-��e
�, — _� �. �
905 (ji�) The expected heights, velocity, durafion, rate ofrise, and sediment transport of the floodwaters expected
906 at the site.
907
908 (ki�)The danger that materials may be swept onto other lands or downstream to the injury of others.
�09
310 (li3) The availability of alternative locations or configurations for the proposed use.
�11
�12 (mi other factors as are relevant to the purposes of this chapter.
)13 (C.F. No. 95-1444, § 5, 1-17-96)
)14
�15 See: GS�g�
)I6
�17
>18
>19
>20
�21
�22
�23
�24
�
�I
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. . . . ., �.�. - ... . � ; .
.. � :.. : .= :: . �.. . .. . . •
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• � � � • � � �� • �
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• � � • • • �
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Page 22 �
03 •�.�4i
931 .� . - , , - -
9
93 . ". . .
934
935 ' 'o 'b
936
937 . � . - - - . . . - - _ _ . .
938 (Deleted text on hearings, decisions, permits and appeals duplicates text already in Chapter 64 Administration.]
939
940 .�. . .[Moved to sec. 68.902 Administrarion.]
941
942 Sec. 68�.504$. Conditions imposed.
943
944 The planning commission or planning administrator may attach such conditions to the granting of speeia}
945 conditional use permits as each deems necessary to fulfill the purposes of this chapter. Such conditions may
946 include, but are not limited to, the following:
947
948 (a�) Modifications of design, site planning or site treahnent.
949
950 (b�) Requirements for implementation of erosion and sediment control, vegetation management, wildlife
951 management and other protective measures.
952
9�) Modifications of waste disposal and water supply facilities or operations.
9
955 (d�) Limitataons on period of use and operation, a flood warning system and an evacuation plan.
956
957 (e5) Imposition of operational controls, sureties and deed resh
958
959 (f6) Requirements for construction of channel improvements, modifications, dredging, dikes, levees and other
960 protective measures.
961
962 (g�) Floodproofing measures shall be desi�ed consistent with state-established floodproofing standazds and
963 withthefloodprotectionelevationfortheparticulazazeaincludingfloodvelocities,durationandrateofrise,
964 hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The
965 comxnissionshallrequirethattheapplicantsubmitaplanordocumentscertifiedbyaregisteredprofessional
966 engineer or architect that the floodproofing measures are consistent with the regulatory flood elevarion and
967 associated flood factors for the particular azea. The floodproofmg measures that may be required include,
968 but are not limited to, the following:
969
970 (1)� Anchorage to resist flotation and lateral movement.
971
972 (2)�r. InstaIlation of watertight doors, bulkheads and shutters, or similaz methods of construction.
Page 23
�
973
974
975
976
977
978
979
980
981
982
983
984
985
(3)� Reinforcement of walls to resist water pressure.
(4�: Use of paints, membranes or mortars to reduce seepage of water through walls.
(5)� Addition of mass or weight to struchxres to resist flotation.
(6)� Installation of pumps to lower water levels in structures.
.
(7)g. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.
(8)�r. Installation ofpumping faciIities or comparable practice for subsurface drainage systems for buildings
to relieve external foundation wall and basement floor pressures.
�9$b _,__._(9_ �Co,nSlz�ct�o. u.to �e.,sist ru_pture o r collagse caused�water. pressure or floating debris.
987 --- —
•::
.;
..�
..
.
..
d•
r'
�•.
:•
r•':
�..
11
(10)j- Installation of valves or controls on sanitary and sto:m drainage �vhich will permit the drains to
be closed to prevent backup of sewage and stormwaters into the buildings or struchzres. Gravity
draining of basements may be eluninated by mechanical devices.
(1 I)l� Locarion of all electrical eqnipment, circuits and installed elechical appliances such that they
are not subject to the regional flood.
(12)i: Location of any structural storage facilities for chemicals, explosives, buoyant material�
flammable liquids or other toxic materials, which could be hazardous to public health, safety and
welfare, above the flood protection elevation or provision of adequate floodproofing to prevent
flotation of or damage to starage conTainers which could result in the escape of toxic materials
into floodwaters.
1001(h $) Specifications for building construction and materials, filling and grading, water supply, sanitary facilities,
1002 utiliries and other work or construction to be submitted to the city division of housing and buildin� code
1003 enforcement for review and approval prior to any development.
1004(Ord. No. 17116, 3-22-84; C.F. No. 95-1444, § 5, 1-17-96)
1005
1006 °-- .«.,,. ,.._.°_ °__-----�
.,..... ��.�.,�. �..,�...e [Moved to sec. 68.903.)
1007
1008
1009
1010
.. � .
- - -.. .�. -- - ': • .:. .�...:,:,+,
1011 . . . .
1 �12Editor's note—Section 65.600, pertaining to appeals on floodplain matters and derived presumably from provisions enacted durin�
1013the 1987 republication, was repealed by C.F. No. 91-531, § 25, adopted May 6, 1993.
Page 24 �
03.24-�
l�ec. 683.6501. Variances �1�oas.
1
1 a) Applications for variauce to the provisions of this
1017 chapter may be filed as_provided in secfion 61.600.
1018
1019 . The burden of
>�
1020 proof shall rest with the applicant to demonsh conclusicely that such variance
1021 n�san will not result in a hazard to life or property and will not adversely affect the safety, use or
1022 stabiliry of a public way, slope or drainage channel, or the natural environment; such proof may include
1023 soils, geology and hydrology reports which shall be signed by registered professional engineers.
1024 Variances shall be consistent with the general purposes
1025 of the standazds contained in this chapter and state law and the intent of applicable state and national laws
1026 and programs. Although dariances n�x�s may be used to modify permissible methods of flood
1 �27 protection, no variance �c�an shall have the effect of allowing in any district uses prohibited in that
1028 district, permit a lower degree of flood protection than the flood protection elevation for the particular area,
1029 or permit a lesser degree of flood protection than required by state law.
1030
1031
� � . [These last two
1032 sentences just duplicate lana age already in Chapter 64 Administrarion. The change to the fust part of this paragraph would
1033 result in variances to this chapter being considered under the noru�al process and state requ'ued findings for variances contained
1034 in existing sec. 64.203, and granted either by the Board of Zoning Appeals or by the Planning Commission if related to other
1035 pernuts being considered by the Planning Commission at the same time.]
1
1
10
1039
1040
1041
1042
1043
1044
Notwithstanding any other provision ofthis river corridor code, n�ifreafis�is variapces may be �anted for
the repair or rehabilitation o£ historic structures upon a determination thaf the repair or rehabilitation will
not preclude the structure's continued designation as a historic str(�cture, the madifteatian vaxia�ice is the
minimum necessary to preserve the historic character and design of the structure and the repair or
rehabilitation will not cause an sig�rifie�xE increase in the height of the regional flood or"inerea�e the flood
CIa121agepOterihalof�lestmCtuT�. [ThischangeistomeetcurrentNationalFloodlnsuranceProgramstaudazdsasrequued
to maintain St. Paul's eligibility in the Nafional Flood Insurance Program.]
1 - :.. : ... • . . .: . . .. � : . . . . .. : ..
1 � -. - � n :.� -: -. ., -� . - - - i:. : -•.� � . : � . _
� 'i� 'i - - 'i��i i' i -*�:� � ii •� - - •' i"i i - i � - i -
��� i n: -- i• "_ .0 i i: - i -�- i �-� �
� � • r � i� • • • ' � • • • '
�
�
� _
ARTICLE VII�. 685.9700. NONCONFORMING STRUCTURES
1053
1054Sec. 685.97019. Floodplain nonconforming structures.
1055
� �,
u
Page 25
1056Nonconforming use of structures and land and nonwnformin� structures shall be subj ect to the regulations in
1057section as well as provisions of $�etian Chapter 62.i$2 Noncorzfor�ming Lofs, Uses and Structures.
1058 ' . A structure which was lawful before the passage or amendment of this chapter but
1059which is not in conformity with the provisions of this chapter may be continued subject to the following
1060conditions:
1061
1062(ar) No s�ucture shall be expanded, changed, enlazged or altered in a way which increases its nonconformity.
1063
1064(b.-) Any alteration or addiYion to a nonconfornung structure which would result in increasing the flood damage
1065 potential ofthat str�ucture oruse shall be protected to the regulatoryfloodprotection elevation in accordance
1066 with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4, floodproofmg
1067 classifications) allowable in the state building code, except as fuLther restricted in subsection c. below.
1068
��6-��--'��1�••��e��a�1i^s�EY��}Fa.�_?lk°��.:,..,� ., ---.7,7: � fi � ^ �_�E� '.c3,,,i, �------- ° a-��-� '�'��'.�
1070 structure shall not exceed fifty (50) percent ofthe market value ofthe structure unless the conditions ofthis
1071 section are satisfied. The cost of atl stnzctural alterations and additions constructed since 7anuary 28, 1982,
1072 must be calculated into toda 's cu t hi h'll '
1073
1074
1075
1076
1077
1078(d.-)
1079
1080
1081
1082
I083
1084
1085
y rten cost w c wi mclude all costs such as conshuchon materials and
a reasonable cost placed on a11 manpower or labor. Tf the current cost of all previous and proposed
alterations and addirions exceeds fifty (50) percent of the cunent mazket value of the structure, then the
structure must meet the standazds of Section 6$5.210 or 685.220 of this chapter for new stnxctures
depending upon whether the structure is in the floodway or flood fringe, respectively.
When the use of a nonconforming struchue is discontinued or ceases to exist far three hundred sixty-fiv�
(365) days, the nonconforming structure shall not thereafter be reused unril the nonconfornung is made
conforming to the flood protection measures of this chapter, Unless the plarmiug conunission, pursuant to
a public hearing, finds that the nonconforming structure cannot reasonable or economically be made into
a conforming structure and that reuse of the nonconforming structure is consistent with the public health,
safety, morals and general welfare of the community and is consistent with the reasonable use and
enjoyment of adjacent property.
1086(e:) If any nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50)
L087 percent or more of its market value at the time of destruction, it sha11 nof be reconstructed except in
1088 confornuty with the provisions of this chapter. The applicable provisions for establishing new structuzes
t 089 in Section 685.210 or 68�.220 will apply depending upon whether the strucYure is in The f�oodway or flood
1090 fi respectively.
1091
�092(C.F. No. 91-53I, § 29, 5-6-93}
1093
'.094 . . .
095 ' • [Moved to sec. 65.802.]
096
Pa�e 26 •
0 3 .24i
��
i
10 ec.685.�8018.
1100
1101(a)
1102
1103
1104
1105
1106
1107
t�TicL� vaz. 6a>.�soo. �rm�Nrs
Amendments.
All amendments shall be made in the manner set forth in Nliim.esota Statutes, Section 462357. The
floodplain designations established by this chapter shall not be removed from floodplain azeas unless it can
be shown that the desi�arion is in error or that the azeas are filled to an elevation at or above the flood
protection elevation and are contia ous to other lands lying outside the floodplain district. Special
exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that,
throu;h other measure, lands aze adequately protected for the intended use.
1108(b) All amendments to this chapter, including amendments to the River Corridor Overlay Dishicts maps, must
1109 be submitted to and approved by the Commissioner ofNatural Resources prior to adopfion. Changes to the
1110 - - flood plain boundazies must meet the Federal Emergency Management Agency's
1111 (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The
1 ll 2 Commissioner of Natural Resources must be given ten (10) days' written notice of all hearings to consider
1 ll 3 an amendment to this chapter and such notice shall include a draft ofthe ardinance amendment or technical
1114 study under consideration.
1 ll5(C.F. No. 91-531, § 27, 5-6-93)
1116
1117Sec. 685.95802. Areas protected by dikes, levies and floodwalls.
1118
1�eas which the Federal Emergency Management Agency has removed from the floodplain through a revision
1 the flood insurance rate map or a letter of map revision because the areas are protected by a dike, leyee or
1121floodwall shall be exempt from the flood protection regulations of this code aft� said FEMt�a�f�on-has been
1122adopted as.a formal amendinenf to this ardinance.
1123(C.F. No. 91531, § 30, 5-6-93)
1124
1125
1126
1127
ARTICLE �ffiX. 685.$900. ADMINISTRATION
11285ec. 685.$9019. Administration.
1129
1130(a) Record of elevation of lowest floor and floodproofing. The zoning administrator shall maintain a record of
1131 the elevation of the lowest floor (including basement) of all new structures, altered structures� or additions
1132 to existin� structures in the floodplain. The zoning administrator shall also maintain a record of the
1133 elevation to which all new structures and alterations or additions to structures ue floodproofed.
1134
1135(b) State and federat permits. Applicants for special condition use permits, modifications and site plan review
1136 approval aze responsible for obtaining all necessary state and federai perruits.
1137
Page 27
•
1138(c) Warning and disclaimer of Ziability. This chapter does not imply that areas outside the floodplain distri�
1139 or land uses permitted within such dishicts will be free from flooding or flood damages. This chapter sh
1140 not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood
1141 damages that resutt from reliance on this chapter or any administrative decision lawfully made thereunder.
1142
1143(d) Severability. If any section, clause, provision or portion of this chapter is adjudged unconsfihztional or
ll44 invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
1145(C.F. No. 91-531, § 28, 5-6-93)
1146
1147Sec. 68.902. fi5:58� Notify commissioner of natural resources.
1148
1149A copy of the application for � a conditiona� use pernut or variance shall be submitted to the
1150commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10)
�f5 a� rce o - e�ub op,"�a�E�ef�'n ' b �sa�ns�l�l.b�. _�...�
1152forwarded to the commissioner of natural resources within ten (10) days of such action. ,
1153(C.F. No. 95-1444, § 5, 1-17-96)
1154
1155Sec. 68.903. fi5:59� Notice of increased insurance costs.
1I56
ll 57 Applicants �ha-propase for a conditional use permit:oi�variance to
1158conshuct a struchzre, , below the regulatory flood protection elevation�s
1159 � ' . , �hall �be notified that �1) �the issuance of a speeia� conditioiial
1160permit or variance to construct a structure below the regulatory flood protection elevation � may result�
1161 increased premium rates far flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred
1162dollars ($100.00) of insurance covera.ge; and f 2) �such construction below the red latory flood protection
2163elevation increases risks to life and property. Such noti&cation shall be maintained with a record of Yhe speei�
1164conditional use permit or variance. The planning or zoning administrator shall report such speeia� conditional use
1165pernuts or variances issued in the biennial report submitted to the administratar of the National Flood Insurance
1166Program.
1167(C.F. No. 91-531, § 24, 5-6-93; C.P. No. 95-1444, § 5, 1-17-96)
1168
1169
1170
1171
1172
1173
1174
1175
1276
1177
1178
1179
Page 28 .
8 3 •Z4i
iiso
1 � Section 3.
1
118� s ordinance shall become effective thiriy (30) days after its passage, approval, and publication.
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195 •
1196
1197
1198
1199
1200
1201
1�
1
1
1205
1206
1207
1208
1209
1210
1211
121^
Requested by Department of:
Planninq & Economic Development
Approved by Financial Services
Adopted by Council: Bate
Adoption Certified by Council Secretary
�pproved by Mayor: Date
FOTm
Aoproved by
by City Attorney
By:
�i
29 -
Councif File # D3-a � /
Ordinance #
Green Sheet # 204615
Presented By
Referred To
Committee: Date
An ordinance amending Chapter 65 of the Saint Paul Legislative
Code pertaining to zoning for the City of Saint Paul with changes to the
River Corridor Chapter and corresponding overlay zoning district maps.
4
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
WHEREAS, the Mississippi River Corridor Plan adopted by the City Council on 7anuary 9, 2002,
recommends review and revision of the River Corridor Chapter of the zoning ordinance and corresponding
overlay zoning district maps; and
WHEREAS, the Department of Planning and Economic Development (PED) initiated a Flood Insurance
Study (FIS) in the fall of 2001 for the purpose of updating the City's Flood Insurance Rate Map (FIRM)
floodway and flood fringe boundaries; and
WHEREAS, after complerion of the FIS, the City was notified by the Federal Emergency Management
Agency (FEMA) on May 31, 2002, of proposed modifications of flood elevation determinations affecting the
FIRM, and on June 21, 2002, FEMA published a notice of proposed Base (1 % annual chance) Flood
Elevations (BFEs) in the Saint Paul Pioneer Press; and
WfTEREA5, the statutory 90-day period for appeal of BFE determinations expired on September 19, 2002,
and no valid requests for appeal of BFEs were received by FEMA; and
WHEREAS, on October 2, 2002, FEMA notified the City that the modified BFEs and revised FIRM map
panels are effective as of Apri12, 2003, and that prior to Apri12, 2003, the City is required, as a condition of
continued eligibility in the National Flood Insurance Program, to adopt the new maps along with revisions to
Saint Paul floodplain regulations to meet current FEMA standards; and
WHEREAS, the attached revisions to the River Corridor chapter of the Zoning Code have been drafted with
assistance from staff at the Minnesota Department of Natural Resources (DNR) to meet current FEMA
standards; and
WHEREAS, on February 13, 2003, a notice of public hearing was published in the Saint Paul Legal Ledger,
and, on February 28, 2002, the Planning Commission held a public hearing at which all persons present were
given an opporiunity to be heard in accordance with the requirements of §64300 of the Saint Paul Legislative
Code; and
,
�;'' fK
a3•��
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
WHEREAS, on February 28, 2003, the Planving Commission recoxnmended approval of the revisions to the
River Corridor Chapter of the zoning ardinance and corresponding overlay zoning dishict maps; and
WI�REAS, notice of a public hearing before the City Council on the revisions to the River Corridor Chapter
of the zoning ordinance and corresponding overlay zoning district maps was published in the Saint Paul L,egal
Ledger on February 24, 20Q3; and
WHEREAS, a public hearing before the Cily Council having been oonducted on Mazch 5, 2003, at which all
interested parties were given an opportunity to be heard, the Council having considered all the facts and
recommendations concerning the revisions of the River Corridor Chapter of the zoning ordinance and
corresponding overlay zoning district maps ; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
Section 1.
That the zoning map of the City of Saint Paul, River Corridor Overlay Zoning District, Sheet Numbers,
1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20, and 21, as incorporated byreference in Section 65.102(b)
of the Saint Paul Legislative Code, as amended, is hereby fiirther amended as shown on the map attached to
this ordinance:
Section 2.
That Saint Paul Legislative Code Chapter 65 be changed to Chapter 68 and be amended to read as follows:
Chapter 685. Zoning Code - River Corridor Overlay Disfricts*
*Editor's note—Tlus chapter is derived from the following ordinances:
70 oxa. No.
71 16876
72 16931
73 16956
74 17116
75 17502
76 ---------
Sec.
1
Page 2
Date
1-28-82
6-15-82
9- 9-82
3-22-84
10-13-87
03 • a�r
��
�s
79
80 ARTICLE I. 685 =100. GENERAI, PROVISIONS -
81
82 Sec. 685.101. Intent and purpose.
83
84 (a) The River Corridor Overlay District and its subclassificarions, RC=1, RC=2, RC3 and RC=4, are map
85 overlay districts, designed to provide comprehensive floodplain and river bluffmanagement for the City of
86 Saint Paul in accordance with the policies of Minnesota Statutes (Chapters 103# and 116G), Minuesota
87 Regulations (MEQC 54) and Governor's Executive Order No. 79-19.
88
89 (b) It is the purpose of this chapter:
90
91 (1) To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the
92 benefit of the health, safety and welfare of the citizens of the city and the state;
93
94 (2) To prevent and mitigate irreversible damage to the Mississippi River Corridar;
95
96 (3) To protect and preserve the Mississippi River Corridor as an essential element in the federal, state,
97 regional and local recreation, transportation, sewer and water systems;
98
99 (4) To ma3ntain the River Corridar's value and utility for residential, commercial, industrial and public
100 purposes;
101
102 (5) To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological
103 functions;
104 .
105 (6) To preseroe and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and
106 historic functions;
107
108 (7) To guide development of the floodplain so as to minimize loss of life, threats to health, and private
109 and public economic loss caused by flooding; and
110
1 ll (8) To guide floodpiain development in order to lessen the adverse effects of floods, but not to reduce
112 or eliminate flooding.
113
114 (Ord. No. 16876, 1 Oxd. No. 16931, 6 Ord. No. 17116, 3 C.F. No. 91 § 6, 5
115
116 Sec. 685.102. Establishment.
117
118 (a) This ardinance shall appiy to all lands within the City of Saint Paul shown on the river corridor overlay
Page 3
03.�4�
119
120
121
122
123 (b)
124
125
126
127
128
129
130
131
132
133
134
135 (o)
136
137
138
zoning district maps as being located within the boundaries of the RC=1 River Corridor Floodway District,
RC=2 River CorridorFlood FringeDistrict, RC3 River CorridorUrban Open Space District and RC=4 River
Corridor Urban Diversified Dishict.
The twer�fq=ane-(zi� river comdor overlay zoning district maps accompanying this river corridor code ;
dxt�;d�iy-6�9$-?, together with all matters attached thereto, are hereby adopted by reference and made a
part of this Ecode as if the matters and information set forth therein were fully described herein. The
attached material shall include:
(1) The Flood Insurance Study for the City of Saint Paul prepazed by the Federal �nsm�nee
�ristr$tian Emergency Management Agency (FEMA), dated r°ct�Apri12, 2003; and
(2) The Flood Insurance Rate Map, dated , , , Apri12, 2003.;�
.. - :. : : • . :. :: : :: . . . *:
The RCl Floodway Distriot ,shail include those areas designated as floodway and Zone. AE witkout a
floodwaydesignationontfieFloodTnsnranceRate.Map. TheRC2Flood�ringeDistrictshall��includetkas�
areas-deslgnated as Zone AE and'oritside ofthe floodway on the F1ood Rate Map.
139 (de) Within these districts all uses not allowed as permitted uses or as permitted uses subject to special
140 condirions shall be and are hereby prohibited. Legal nonconforming shuctures or uses existing on the
141 effective date of this chapter or amendment thereto will be pemutted to continue as provided in section
142 62.102 and section 65.900.
143
144 (Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ozd. No. 17116, 3-22-84; Ord. No. 17502, § 1, 10-13-87; C.F. No. 91-531, §§ 7,
145 s, 5-6-93)
146
147 Sec. 685.103. Compliance.
148
149 (a) Permit required. A permitissued:by the zosting administsator=in: confarmance:with the pravisions b€ this
150 ordinance shall be se�tuedp�iar to the-erection� addition or�alteration of;an� bailding�, shvi�e, orpnrtian
151 tllereof;:prior to the use or change of use of a building, structure.or land;:priqr tn the change or extens'fon
152 of a nonconforniing� use; and :priar. fo the placeme�t. of f ll excavation of materials;: ar #he stor�ge of
153 materials or equipment within`fhe flood plain.
154
155 (ba) Compliance of uses or occupations required. No use or occupation of any lands, for any purpose
156 whatsoever, shall hereafter be permitted within the River Corridor District without full compliance with the
157 terms of this chapter and other applicable laws.
158
159 (cb) Compliance of structures, fi11, etc. No structure, fill, material or object shall hereafter be placed on or
160 removed from lands within the River Corridor Dish and no structures or other object shall hereafter be
161 located, used, constructed, extended, converted or altered within the district without full compliance with
Page 4
b3•a
162 this chapter and other applicable laws.
163
164 (de) Submission of site plan. A site plan shall be submitted to and approved by the planuing commission in
165 accordance with section 62.108 before a pernrit is issued for any development on property wholly or
166 partially located within the River Corridor District. For any development in the RC=1 and RC=2 districts,
167 the site plan shall include the regulatory flood protection elevation; the proposed elevation of fill; the
168 proposed elevation of the lowest floor of new structures, altered structures and additions to existing
169 structures; and the proposed elevation to which structures will be floodproofed.
170
171 (e�) Review of building permits for adequate floodproofing. All building permits for structures proposed to be
172 floodproofed in the RC�1 and RC=2 districts shall be reviewed to determine whether the structures will be
173 adequately floodproofed.
174
175 (fe) Certification. Before a certificate of occupancy is issued for any development in the RC=1 and RC=2
176 districts, the applicant shall submit to the zoning administrator certification by a registered professional
177 engineer, registered architect, regstered landscape architect or registered land surveyor that the finished fill
178 and building elevations were accomplished in compliance with the provisions of this ardinance. Finished
179 fill and building elevations shall be verified by ground surveys. Floodproofing measures shall be certified
180 by a registered professional engineer or registered architect.
181
182
183 (Oxd. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 9, 5-6-93}
184
185
186 ARTICLE II. 685.200. RIVER CORRIDOR �VERLtAS����DTS`PRICTS
_.
187
188 Division 1. 6$5.210. RC=1 River Corridor Floodway Overlay District
189
190 Sec. 685.211. �rineipal-uses-Permitted u"ses.
191
192 (a) The following uses shall be permitted within the RC=1 Floodway District to the extent that they are not
143
194
195
196
197
198
199
200
201
202
203
prohibited by any other provision of the zoning code or other ardinances. The uses are subject to the
conditions of the underlying zoning district, to the standards far P�ei�r�--�ses-permitted uses in the
Floodway District, section 685.212 and to the River Corridar Standards and Criteria, section 685.400.
(1) Nonstructural industrial-commercial uses, such as open-loading areas, parking areas, interior service
roads, airport service roads and airport runways.
(2) Public andprivate recreational uses such as golfcourses, tennis courts, drivingranges, archeryranges,
picnic and camp grounds, boat launching and beaching areas ar ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game farms, fish hatcheries, and hildng, bicycling,
horseback or recreational vehicle areas and traiis, and other open space uses.
Page 5
63• �4t
204 (3) Accessory residenfial uses such as lawns, gardens, pazking areas and play areas.
205
206 (C.F. No. 91-531, § 10, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
207
208 Sec. 685.212. Standards for �permitted uses in the RCl Rloodway District.
209
210 .
211
212 (a�) The use shall not �ly obstruct flood flows e�t3q to the point that it increases the one
213 percent (1%) chance flood elevations and shall not involve struchxres, fill, obstruction, excavations or
214 storage of materials or equipment.
215
216 (b�) The use shall have a low flood damage potential.
217
218 (c3) The use shali not adversely affect the hydraulic capacity of the channel or floodway or any tributary to the
219 main stream or of any ditch or other drainage facility or system.
220
221 (d�) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
222 Section ll 5.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
223
224 (Ord. No. 17116, 3-22-34; C.F. No. 91-531, § i l, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
225
226 Sec. 685.213. �rinsiga} Conditiaaal uses ,
227
228
229
230
231
232
233
234
The following uses shall be permitted within the RC=1 Floodway District to the extent they are not prohibited by
any other provision of the zoning code or other ordinances. The uses shal] be permitted only upon the application
and issuance of a speeix� conditional use permit by the piamiing comxnission. The uses are subject to the
conditions of the underlying zoning district, to the standards for prnreipa� coiiditzonal uses per,rrntfie�-s�bjeet-ta
�n the Floodway District, section 6$5.214 below, and to the River Corridar Standards and
Criteria, section 685.400 below.
235 (a4) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, urility transmission lines and
236 pipe lines.
237
238 (b�) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control shuctures and na�igation
239 facilities.
240
241 (c'�) Storage yards ar areas for equipment, machinery or bulk materials.
242
243 (d�) Shuctures accessory to permitted uses, section 65.212, or conditional uses of this section.
244
245 (e5) Placement of fill.
246
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b3- a41
247 (f5) Structural works for flood control such as levees, dikes and floodwails constructed to any height where the
248 intent is to protect individual struchues.
249
250 (C.F. No. 91-531, § 12, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
251
252 Sec. 685.214. Standards for prineipal conditional uses in the RCl
253 F'loodway District
254
255
256 �S
257
258 (ai-) No structure (temporary orpermanent), fill deposit (including fill forroads and levees), obstrucrion, storage
259 of materials or equipment, ar other use may be allowed which will cause an increase in the height of the
260 regional flood or cause an increase in flood damages in the reach or reaches affected.
261
262 (b�) Fill shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
263
264 (c3) Accessory structures shall not be designed for human habitation.
265
266 (d#) Accessory structures shall be constructed and placed on the building site so as to offer the minimum
267 obstrucfion to the flow of floodwaters.
268
269 (1}a: Whenever possible, structures shall be constructed with the longitudinal aacis parallel to the direction
270 of flood flow; and
271
272 (2)b: So far as pracricable, structures shall be placed approximately on the same flood flow lines as those
273 of adjoining structures.
274
275 (e5) All accessory struchues must be elevated on fill so that the lowest floor, inciuding basement floor, is at or
276
277
278
279
280 (f6)
281
282
283
284
285
286
287
288
above the regulatory flood protection elevation. The finished fili elevation for accessory structures shall be
no lower than one (1) foot below the regulatory flood protection elevation and the fill shail extend at such
elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon.
As an alternative to elevation on fili, accessory structures maybe structurally dry floodproofed in accordance
with the FP-i or FP-2 floodproofmg classification in the state building code or floodproofed to the FP-3 ar
FP-4 floodproofing classification in the state building code, provided the accessory structure constitutes a
minimal investment, does not exceed five hundred (500) square feet in size and for a detached garage, the
detached garage mustbe used solely forparking ofvehicles and limited storage. Ali floodproofed accessory
structures must meet the following additional standards, as appropriate:
(I)� The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the
shucture and shall be designed to equalize hydrostaric flood forces on exterior walls; and
Page 7
63 • �t
289 (2)ir. Any mechanical and uriliry equipment in a shucture must be elevated to or above the regulatory flood
290 protection elevation or properly floodproofed.
291
292 (g'�) Storage of materials or equipment may be allowed if readily removable from the area within the time
293 availabie after a flood warning and in accordance with a plan approved by the plamiing commission.
294
295 (h$) Shucturalworksfarfloodcontrolthatwillchangethecourse,currentorcross-sectionofprotectedwetlands,
296 orpublicwatersshallbesubjecttotheprovisionsofMinnesotaStatutes,Chapter103.G5.Community-wide
297 shuctural works for flood conh intended to remove areas from the regulatory floodplain shall not be
298 allowed in the floodway.
299
300 (i9) A levee, dike or floodwall constnxcted in the floodway shall not cause an increase to the regionai flood and
301 the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
302
303 (j}@) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
304 Section 115.01, unless adequate sa£eguards, approved by the state pollution-control agency, are provided.
305
306 (C.F. No. 91-531, § 13, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
307
308
309
Division 2. 6$5.2209. RC=2 River Corridar Flood Fringe O.verlay District
310 Sec. 685.221. #'�-ineipg� PeirmrtEed uses permittect.
311
312
313
314
315
316
317
Permitted uses in the RG-2 Flood Fringe Overla� District shall be those uses of land ar structures listed as
permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of waste
materials and landfills shall not be permitted. The uses are subject to the conditions of the underlying zoning
district, to the standards for piineipai�ses permitted uses in the Flood Fringe District, section 685.222 below, to
the Standards for All Flood Fringe Uses, section 685.225 below, and River Comdor Standards and Criteria,
section 685.400 below.
318
319 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 14, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
320
321 Sec. 685.222. Standards for priaci�rat-nses permitted uses in the RC2 Flood Fringe District
322
.: . � ... : .. . . :. :: :
324
325
326
327
328
329
330
(a�) All struchu 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 shaJl be not lower than one (1) foot below the regulatory flood protection elevation and the fill
shall extend at such elevarion at least fifteen (15) feet beyond the outside lnnits of the structure erected
thereon.
331 (b�) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do
Page 8
D3 -'�1
332 not exceed five hundred (500) square feet for the outside dimension at ground levei may be internally
333 floodproofed in accordance with section 68�.214(f5).
334
335 ,
336 ,
337 _
338
339 (c�) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
340 elevation.
341
342 (Ozd. No. 17116, 3-22-84; C.F. No. 91-531, § I5, 5-6-93; C.F. No. 95-1140, § S, 10-18-95)
343
344
345
346
347
348
349
350
351
352
353
354
355
356
Sec. 685.223. �9-ineipx� Conditional uses .
The following uses shall be permitted within the RC=2 Flood Fringe District to the extent they are not prohibited
by any other provision of the zoning code ar other ordinances, except that mining, extraction operations, the
disposal of waste materials and landfiils shall not be permitted. The use shali be permitted only upon the
application and issuance of a speeixt conditional use permit by the planning commission. The uses are subject to
the conditions of the underlying zoning district, to the standazds for prnieipx} coiticlitional uses pern�jeec
�n the Flood Fringe District, section 685.224 below, to the Standazds for All Flood Fringe
Uses, section 685.225 below, and to the River Corridor Standards and Criteria, secfion 6&�.400.
(a-t) Any structure that is not elevated on fill or floodproofed in accordance with section 685.222(a�) ar(b�)
above.
357 (b�) Any use of land that does not comply with the standards in section 685.222(c3)-ar- f�j.
358
359 (c3) Sewagetreatmentpiants.
360
361 (Ord. No. 17116, 3-22-84; C.F. No. 41-531, § 16, 5�-93; C.F. No. 95-1140, § 8, 10-18-95)
362
363 Sec. 655.224. Standards for principx} conditional uses in the RC2
364 F`lood FY-inge District.
365
366
367 ear�itiares-
368
369 (ai-)
370
371
372
373
374
Alternative elevation methods other than the use of fi11 may be utilized to elevate a stnxcture's lowest floor
above the regulatory flood protection elevafion. These alternative methods may include the use o£ stilts,
piline parallel walls 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 ar lowest floar
if: 1) the enclosed area is above grade on at least one (1) side ofthe structuxe; 2) is designed to internally
flood and is constructedwith flood-resistantmaterials; and 3) is used solely forparking of vehicles, building
Page 9
03•�4►
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
access or storage. The above-noted alternative elevarion methods are subject to the foliowing additional
standards:
(1)� Design and cert�cafion. The structure's design and as-built condition must be certified by a
registered professional engineer or azchitect as being in compliance with the general design standards
ofthe Sstate Bbuilding Ceode 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 floodwater from entering or accumulating within these
components during tnnes of flooding.
(2)bc Specifzc 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:
a�-. The minimum area of openings in the walls where internal flooding is to be used as a
floodproofing technique. When openings are placed in a structure's walls to provide for entry
of floodwaters to equalize pressures, the bottom of all openings shall be no higher than one (1)
foot above grade. There sha11 be a xninimum of rivo openings-and the openings sha11 be:placed
on at least fwo wa11s of.the struchzce. Openings may be equipped with screens, louvers, valves
or other coverings or devices, provided that they pernut the automatic enhy and exit of
floodwaters.
b�. That the enclosed azeawill be designed offlood-resistant materials in accordance with the FP-3
ar FP-4 classifications in the state building code and shall be used solely for building access,
parking of vehicles or storage.
400 (lr2) Basements, as defined by section 60.203�.B for this river corridor code, shall be subject to the following:
401
402 (1)a: Residential basement construction shall not be allowed below the regulatory flood protection
403 elevation excep'Y''as aatliori�ed in siibsection (f� of fhis: section.
404
405 (2)ir. Nonresidential basements maybe allowed below the regulatory flood-protection elevation, provided
406 the basement is protected in accordance with subsection (c'�) or ;(fl
407 of this section.
408
409 (c3) Allareasofnonresidentialshucturesincludingbasementstobeplacedbelowtheregulatoryfloodprotection
410 elevation shall be structurally dry floodproofed in accardance with the FP-1 or FP-2 floodproofmg
411 classifications in the state building code. This shall require making the structure watertight, with the walls
412 substantially impermeable to the passage of water and with structural components hauing the capability of
413 resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures floodproofed to the
414 FP-3 or FP-4 classification shall not be permitted.
415
� � � � vuy�r�rtn��bny�nn.intin:i��r.n�im�a�nineriuuuwuui�an�nn.a�r'u�wtb��n�w�iu.r.�t:iiainr.��r'n�.:i�iu�:iunn
Page 10
b3 � zA-�
. : : . .. = . . : . . , : . : � .. : . . . .. . .: :. . . .. ...,.. . . . . . . . :,
- . .... - : . :,. ... :. . . ..: . . . : . :. . : .
. . •::: . :.. ... . . .: : :..: . . .. : . . ..: . .
� : . . . . : . : . : . : . : . . . .. . .. . .... . .
:
4z2 �
423 - , .
42A
425 (dfr) Storage of material and equipment shall be subject to the foilowing:
426
427 (i )a Storage of materials or equipment, including materials that are flanunable, explosive or potentially
428 injurious to human, auiinal or plant life may be allowed if:
429
430 a�. Readily removable from the area within the time available after a flood warning system and in
431 accordance with a plan approved by the planning commission; or
432
433
434
435
436
437
438
439
440
441
442
443
4A4
445 (e�)
446
447
448
449
450
451 ( fl
452
453
454
455
456
457
458
b�. Floodproofed according to the Sstate Bbuilding Ceode; or
c3. Elevatedabovetheregulatoryfloodprotecrionelevationbyalternativemethodswhichmeetthe
requirements of subsection (a�) above; or
. : .. . : . '..:.
(2)ir. Storageofbuikmaterialsmaybeallowedprovidedanerosion/sedimentationcontrolplanissubxnitted
which cieazly specifies methods to be used to stabilize the materials on site for a regional flood event.
The plan must be prepared and certified by a registered professional engineer or other qualified
individual acceptable to the plamiing commission.
No new constnxction, addition or modification to existing sewage treatment plants shall be pernutted witlun
the floodplain unless emergency plans and procedures for action to be taken in the event of flooding are
prepazed, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and
procedures must provide for measures to prevent introduction of any pollutant ar toxic materials into the
floodwaters.
�Vhen�tha Federal �Staxgeney �vlanagement=Agencg has�issaeda��Condition� Letter of NIap�Revision-�i�1
(CLOMR-F) for vacasit:parcels af land elevated by fill to;th8 one percent (1%) chanee fload e3evariori;:the
area elevated:by fill rernains_su6jeci.to tfie provisions of this ordinance_ . A structure may lie:placed on the
area elevated by f ll with the<]owesf floor below the regnlatory flood pr.otectian eleva#ion pmvided fhe
shucture meets the following pxovisions:
(i} No floor level or porfion of a structure that is below the regulatory Aood protection:elevation ahall
beused as habitiabie spaceorfor storage of anyproperiy, materials or equipmentthatmightconsfitute
Page 11
a3-341
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
a safety hazard when contacted by floodwaters. Habitable space shati be defined as any space in a
structtue used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage rooms, laundry or utility space, and sunilar azeas aze not considered habitable space.
(2) For residential and non-residential struciures, the basement floor may be placed below the regulatory
flood protection elevation subject to the following standards:
a. The top of the immediate floor above any basement area shall be placed at or above the
regulatory flood protection elevation.
b. Any area of the structure placed below the regulatory flood protection elevation shall meet the
"Reasonably Safe From Flooding" standards in the Pederal Emergency Management Agancy
(FEMA) publication entitled Ensurang that Strucdures Build on Fill In or Near Special Flood
HazardAreasAreReasonablySafe FromFlooding, Technical Bulletin 10-Oi, a copy of which
is hereby adopted by raference and made part of this ord'mance. In accordance with fihe
provisions of this.ordinance, and:specifically section 68c504(g), the applicant shall submit
documentation that the structure is designed and built in accordance with either the "Simplified
Approach" or "Engineezed Basement Optio�" fountl in�'EIv1A Technical BiiIletin 10-(�1�.
c. If the groupd surrounding.?he..lo.west adjacent,grade Yo-the;_structiu'e is not at or above tlie
reguta#ory flooct piqtection elevation,, then "any portion ,of: �he strueture tliaY:: is befow: tlie
regulatoiy floocl profecfion ete�ation musf be:fl'oodproofed eonsistent wit�t-aiay of the.EP=:1
fhrough FP-4 floodproofuig elass�catinna foundinthe State-Buiid'uig;Code�
482
483 (C.F. No. 91 § 17, 5 C.F. No. 95 § 8, 10
484
485 Sec. 685.225. Standards for ail RC2 Flood Fringe uses.
486
487 .
488
489 (a�)
490
491
492
493
494
495 (b�)
496
497
498
499
500
Yehicular access. All new principal structures must have vehicular access at or above an elevation not more
than rivo (2) feet below the regulatory flood protecrion elevation. If a modification to this requirement is
ganted, the planning commissionmust specify limitations onthe periodofuse or occupancyofthe structure
for times of flooding and only after determining that adequate flood warning tnne and local flood emergency
response procedures exist.
Commercial uses. Accessory land uses, such as yards, railroad tracks and parking lots maybe 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 greater than two (2) feet or be subj ect
to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.
Page 12
p3--141
501 (c3) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant
502 operations. Certain accessory land uses such as yazds and parking lots may be at lower elevation subject to
503 requirements set out in subdivision (2) above. In considering permit applications, due consideration shail
504 be given to needs of an indushy whose business requires that it be located in floodplain areas.
505
506 (d#)
507
508
509
510
511
512
513
514 (e5)
515
516
517
Standards pertaining to fall. Fill shail be properly compacted and the slopes shall be properiy protected by
the use of riprap, vegetative cover or other acceptablemethod. The Federal Emergency Management Agency
(FEMA) has established criteria for removing the special flood hazard azea designation for certain structures
properly elevated on fill above the 488=ye�-one percent (1 %) chance flood elevation. FEMA's requirements
incorporate specific fill compacfion and side slope protection standards for multistructure or multilot
developments. These standards should be invesfigated prior to the initiation of site preparation if a change
of special flood hazard area designation will be requested.
Developments not to affect hydraulic capacities. Floodplain developments shall not adversely affect the
hydraulic capacity ofthe channel and adjoining floodplain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the official zoning map.
518 (ffr) Manufactured homes. Manufactured homes must meet all the density, setback and other requirements for
519 residenfial use ofthe zoning code and all requirements ofthe housing and building code. Travel trailers shall
520 not be used for living quarters.
521
522 (g�) Pollution of waters. No use shall be permitted which is likely to cause pollution of waters, as defined in
523 Minnesota Statutes, Section 115.01, unless adequate safeguards, approved by the state pollution control
524 agency, are provided.
525
$26 (C.F. No. 91-531, § 18, 5-6-93; C.F. No. 95-I140, § 8, 10-18-95)
527
528 Division 3. 685.230. RC=3 River Corridor Urban Open Ovexlay District
529
530 Sec.685.231.Intent.
531
532 It is intended that lands and waters within this district shall be managed to conserve and protect the existing and
533 potential recreational, scenic, natural and historic resources. Open space provided an the open river corridor is for
534
535
536
537
538
539
540
541
542
543
public use and the protection of unique natural and scenic resources. The existing transportation role of the river
in this district wili be protected.
(C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.232. �'rimigx} P.ermitfed uses permitted.
In the an RC=3 River Corridor Urban Open overlay district, use of the land, location and erection ofnew buildings
or structures, and the alterafion, enlargement and moving of existing buildings or struchxres from other locations
or districts shali conform to those specified uses and standards of the corresponding underlying district as
established in section 60.303� to the extent that they are not prohibited by any other provision of the zoning code.
Page 13
v3 •��.►
544 In addition, permitted uses shali be subject to the follow9ng applicable standards and those in section 685.400 et
545 seq.
546
547 (C.F. No. 95-I140, § S, 10-IS-95)
548
549 Sec. 685.233. Standards for prutcipal�ses-permitted uses in the RC3 Urban Open District.
550
551 (a) Development shall be limited to forty (40) feet in height.
552
553 (b) The development of new and expansion of existing commercial and industrial uses shall oniy be on lands
554 which are on the landward side of blufflines.
555
556 (c) Mining and extraction operations shall not be permitted.
557
558 (d) No use shall be permitted which is likely to cause pollution of water, as defined in Minnesota Statutes,
559 Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
560
561 (Qrd. No. 17116, 3-22-84; C.F. No. 91-531, § 36, 5-6-93; C.F. No. 95-1140, § 8, 1�-18-95)
562
563 Sec. 685.234. �rmeipai-Condifional uses .
564
565 (a) �rineipgf Conditional uses are those specified by the conesponding
566 underlying district as established in section 60.3034 to the extent that they are not prohibited by any other
567 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedinthecorrespondingunderlyingdisttict
568 section and to those specified in sections 6$5.233 and 685.400 et seq.
569
570 (b) Such uses will be permitted only upon application and issuance of a speeix} conditional use permit by the
571 planning commission.
572
573 (Ord. No. 17646, § 9, 4-6-89; C.F. No. 95-1140, § 8, 10-18-95)
574
575
576
Division 4. 685.240. RC=4 River Corridor Urban Diversified Overlay District
577 Sec.685.241.Intent.
578
579 It is intended that the lands and watets in this district be used and developed to maintain the present diversity of
580 commercial, industrial, residential and public uses of the lands, including the existing transportation use of the
i 81 river; to protect historical sites and azeas, natural scenic and environmental resources; and to expand public access
i82 to and enjoyment of the river. New commercial, industrial, residential and other uses are permitted if they are
�83 compatible with these goals.
�84
85 (C.F. No. 95-1140, § 8, 10-18-95)
8b
Page 14
63-�..a-�
587 See. 685.242. �rincipai-vses-Permitted uses.
588
589
590
591
592
593
In the aa RC=4 River Cozridor Urban Diversified overlay district, use of the land, location and erection of new
buildings or structures and the aiteration, eniargement and moving of existing buildings or structures from other
locations or districts shall conform to those specified uses and standazds of the corresponding underlying district
as established in section 60303} to the extent tbaY they are not prohibited by any other provision of the zoning
code. In addition, perxnitted uses shall be subject to the standards specified in section 68`s.400 et seq.
594
595 (C.F. No. 95-1140, § 8, 10-18-95)
596
597 Sec. 685.243. Standards for �-permitted uses in the RC4 Urban Diversified District.
598
549
600
601
602
603
604
605
606
607
608
609
610
No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section
115A1, unless adequate safeguards, approved by the state pollurion control agency, are provided.
(C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.244. �rineipa} Condit'roaat uses .
(a) �eip�f Gonditional uses are those specified by the corresponding
underlying district as established in section 60.303� to the extent that they are not prohibited by any other
provision ofthe zoning code. They are subj ect to standards specified in the corresponding underlying district
section and to those specified in section 6$�.400 et seq.
6ll (b) Such uses will be pernutted only upon application and issuance of a speei�3 conditional use permit by the
612 planning commission.
613
614 (C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
615
616
617 ARTTCLE III. 685.300. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
618
619 Sec. 6$5.301. Public utilities, railroads, roads and bridges.
620
621 (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to
622 be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to
623 above the regulatory flood protecrion elevation.
624
625 (b) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall
626 comply with sections 6$SS.210 and 6&�220 of this chapter. Elevation to the regulatory flood protection
627 elevation may be required by the planning comxnission where the failure or interruption of these
628 transportation facilities would result in danger to the public health or safety or where such facilities are
629 essential to the orderly functioning of the area. Minor or ausiliary roads or railroads may be constructed at
Page 15
o3-z•a
630 a lower elevation where failure or interrugtion of transportation services would not endanger the public
631 health or safety.
632
633 (c) On-site sewage treatment and water suppZy systems. Where public utilities are not provided:
634
635 (1) On-site water supply systems must be designed to minunize or eliminate infiltration of floodwaters
636 into the systems; and
63�
638 (2) New or replacement on-site sewage treahnent systems must be designed to minim;ze or eliminate
639 infiitration of floodwaters into the systems and dischuges from the systems into floodwaters and they
640 shall not be subject to impairment or contamination during times of flooding.
641
642 Any sewage treatment system designed in accordance with the state's current statewide standards for on-site
643 sewage treahnent systems shall be determined to be in compliance with this section.
644
645 (C.F. No. 91-531, § 19, 5-6-43)
646
647
648 ARTICLE IV. 68f.400. RNER CORRIDOR STANDARDS AND CRITERIA
649
650 .
651
652 Sec.6$5.401.Objectives.
653
654 The obj ective of standards and criteria is to maintain the aesthetic integrity and natural environment of the river
655 corridor in conformance to the St. Paul Mississippi River Corridor Plan by reducing the effects of poorly planned
656 shoreline and bluffline development; providing sufficient setback for sanitary facilities; preventing pollution of
657 surface and groundwater; minimizing flood damage; preventing soil erosion; and implemenring metropolitan
658 plans, policies and standards.
659
660 . . .
661
662 Sec. 685.402it. Protection of shorelands, floodplains, wetlands and bluffs.
663
664 (a) Generally. Development shall be conducted so that the smallest practical azea of land be developed at any
665 one time and that each area be subjected to as little erosion or flood damage as possible during and after
666 development.
667
668 (b) Placementofstructures:
669
570 ��-
571 ���e�:
Page 16
t�-�.,a-i
(13) The foilowing min;mum setbacks for each class of public waters as described in Minnesota
Regulations NR-82 shall apply to all structures except those specified as exceptions in subsecrion (79)
below.
a. For natural environznent waters at least two hundred (200) feet from the normal high water mark
for lots not served by public sewer and at least one hundred fifty (150) feet from the ordinary
high water mazk for lots served by public sewers.
b. For general development waters at least seventy-five (75) feet from the normal high water mazk
for lots not served by public sewer and at least fifty (50) feet from the ordinary high water mark
for lots served by public sewer.
(2#) No commercial or industrial development shall be pemutted on slopes greater than twelve (12)
percent.
(35) No residential development shall be permitted on slopes greater than eighteen (18) percent.
(46) Bluff development shall take place at least forty (40) feet landward of all blufflines.
(5�) Transportation, utility and other transmission service facilities and corridors shall avoid:
a. Steep slopes;
b. Intrusions into or over streams, valleys and open exposures of water;
c. Intrusions into ridge crests and high points;
d. Creating tunnel vistas;
e. Wetlands;
f. Forests by running along fringe rather than through them. If necessary, to route tlu forests,
utilize open areas in order to minimize cutting;
g. Soils susceptible to erosion, which would create sedimentation and pollution problems;
h. Areas of unstable soils which would be subject to extensive slippages;
I. Areas with high water tabies; and
j. Open space recreation areas.
(6$) At river crossing points, public facilities, crossing corridors and other rights-of-way shall be
consolidated, so that the smallest area possible is devoted to crossing.
(9H} Exceptions:
a. Location of piers and docks shall be controlled by applicable state and local regulations.
b. Commercial, industrial or pernutted open space uses requiring location on public waters may
be closer to such waters than the setbacks specified in the standard set out in subsection (3)
above.
Page 17
03-�-
�14 �o�
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
Grading and filling:
(1) A minimum amount of filling shall be allowed when necessary, but in no case shali the following
restrictions on filling be exceeded. Furthermore, fill opporlunities shall be fairly apportioned to
riparian landowners. The developer shall evaluate ownership patterns, configuration and the bottom
profile of each wetland basin before fill opportunities are apportioned.
(2) Grading and filling in shoreland areas (when allowabie) or any other substantial alteration of the
natural topography shall be controlled in accordance with the following criteria:
a. The smallest amount of bare ground shall be exposed for as short a time as feasible.
b. Temporary ground cover shall be used.
c. Methods to prevent erosion and trap sediment shall be employed.
d. Fill shall be stabilized.
.
l�l�\\T1�1�'lR�
(3�) Only fill free of chemical pollutants and organic wastes shall be used.
(�k5) ToCal filling shall not cause the total natural flood storage capaciry of the wetland to fall below the
natural volume of runoff from the wetland and watershed generated by a 100-year storm, as defined
by the National Weather Service.
(56) Solid waste disposal and landfill shall not be permitted in the River Corridor District.
(6�) Development shall fit existing topography and vegetation with a minunum of clearing and grading.
(7$) No rehabilitation slopes shall be steeper than eighteen (18) percent slope.
743 ($H) Dredging of a shoreland or wetland shall be allowed oniy when it will not have adverse effect upon
744 the wetland. Dredging when allowed shall be limited as follows:
745
746 a. It shall be located in the areas of minimum vegetation.
747 b. It shall not significantly change the water flow characteristics.
748 a The size of the dredged area shall be limited to the absolute minimum.
749 d. Deposit of dredged material shall not result in a change in the current flow, or in destruction of
750 vegetation or fish spawning areas, ar in water pollution.
751
752 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 31, 5-6-93; C.F. No. 93-1718, § 88, 12-14-93)
753
754 Sec. 685.4d3i�. Protection of wildlife and vegetation.
755
Page 18
03 -�
756 Development shall be conducted so as to avoid inhusion into uumal and plant habitats.
757
758 (a}) No alteration of the natural environment or removal of vegetation shail be pernutted when such alteration
759 or removai would divainish the ability of dependent wildlife to survive in the River Corridor.
76�
761 (b�) No wetland or bluffline vegetation shall be removed or altered except that required for the placement of
762 structures.
763
764 (c3) Clear cutting shall be prohibited except as necessary forplacing approved public roads, utilities, structures
765 and parldng areas.
766
767 (d#) Natural vegetation shall be restored after any construction project.
768
769 (e5) Watering areas necessary for plant survival shall be maintained or provided.
770
771 (f6) Development shall not cause extreme fluctuations ofwater levels or unnatural changes in water temperature,
772 water quality, water currents or movements which may have an adverse impact on endangered or unique
773 species ofbirds or wildlife.
774
775 Sec. 685.404i3. Protection of water quality.
776
777 (a) Generally. Development shall occur so that surface and subsurface water is not adversely affected by
778 contanunants. Water quality shouid meet or exceed state standazds.
779
780 (b) Contamination:
781
782 (1) Development shall not be petmitted on wet soils, very shallow soils, soils with high shrink-swe11 or
783 frost action potential unless it is shown that appropriate construction techniques capable of
784 overcoming the restrictive condition will be utilized.
785
786 (2) Septic tanks and soii absoiption systems shall not be permitted where public sewer systems are
787 available. In areas where public sewers are not available, system shall be set back from the normal
788 high watermark in accordance with the class ofpublic waters as prescribed in Minnesota Regulations
784 NR-82:
790
791 a. On natural environment waters, at least one hundred fifty (150) feet.
792
793 b. On general development waters, at least fifly (50) feet.
794
745 (3} Private wells shall be placed in areas not subject to flooding and up slope from any source of
796 contamination.Wellsalreadyexistinginareassubjecttofloodingshallbefloodproofedinaccordance
797 with accepted engineering standards as defined in the Uniform State Building Code. -
Page 19
d 3 -?.�4-I
798 (4) Commerciai or industrial land uses requiruig the storage orproducfion ofmaterials or wastes that may
799 create a pollution-hazazd for groundwater or surface water shall be prolvbited unless the quality of
800 both the groundwater and surface waters can conform to all applicable state and federal standazds,
801 criteria, rules and regulations.
802
803 (c) Runoff
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
(1) The phases of development shall be planned so that only areas which are actively being developed
are exposed. Other areas shall have cover of vegetation or mulch.
(2) Naturai vegetation in shoreland and bluff areas shall be preserved to retard surface runoff and soil
erosion and to utilize excess nutrients.
(3)
(4)
Sediment shall be retained within the development site area either by filtering runoff as it flows
through the development azea or by detaining sediment-laden runoff in a sediment basin so that the
soil particles settle out.
Water released to a drainage system shall be directed in such a manner as to travel over natural areas
ratherthan across established surfaces.
(5) Stormwater runoffmay be directed to wetlands only when free of silt, debris and chemical pollutants
and only at rates which will not disturb vegetation or increase turbidity.
(6) Development which takes place near slopes greater than twelve (12) percent shall not result in
increased runoff onto those slopes sufficient to damage vegetation or shuchues thereon.
(7) Plans shall be submitted to the planning commission far any development placed landward from
dikes, floodwalls or levees which is below the flood protection elevation of the dikes, floodwalls or
levees. The plans must provide measures to ensure that floodwaters do not back up onto the
development from stormwater drainage systems.
828
829 (C.F. No. 91-531, § 21, 5-6-93)
830
831
832 ARTICLE V. 6$5.500. CONDITIONAL USE PERMITS
833
834 Sec. 6$5.501. Application.
835
836 � ,
837
$38 - . Applications for
839 conditional nse permits shall be submitted and reviewed according to the provisions in section 64300. �he
Page 20
0 3 •�-�
840 .
841 af�rapp}ieafioa; The pla.nuiiig admiuistrator shall deteruiine whether to require any or all of the following six
842 (6) items of information to be supplied by the applicant as a prerequisite to the considerarion of the application:
843
844 (a�} Plans in triplicate drawn to scale, prepazed by and signed by a registered engineer, architect andlor land
845 surveyor as applicable, showing the nature, location, disnensions and elevation ofthe land; existing surface
846 contours, shuctures, streets and utiliries; proposed surface contours, structures, fill and the location and
84� elevations of proposed streets, water supply, sanitary facilities and other urilities showing the relationship
848 of the above to the channel and to the designated River Corridor District limits.
849
850 (b�) Specifications for building consirucfion and materials, floodproofmg, filling, dxedging, grading, channel
851 improvements, storage of materials, water supply and sanitary facilities.
852
853 (c3) Typical valley cross-sections of areas to be occupied by the proposed development showing the channel of
854 the stream, elevation of land areas, high water information, vegetation and soil types.
S55
856 (d�) Plan(surfaceview)oftheproposeddevelopmentshowingtheproposeduseorusesoftheareaandstructures
857 and providing location, relationships and spatial atrangements of those uses and related shuctures to
858 pertinent elevations, fill, storage location, utilities and other features.
859
860 (e�) Profile showina the slope of the bottom of the channel and flow lines of the stream.
861
862 (f6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in
863 relationship to flood heights and velocifies, the seriousness of flood damage to the use, the adequacy ofplans
864 for flood protection and other technical matters.
865
866 (C.E No. 91 § 23, 5 C.F. No. 95 § 5, 1
867
868 Sec. 685.502. Other pertnits.
869
870 Applicable speeia� conditional use permits for lands in the designated River Corridor District must be obtained
871 prior to application for all other permits required by law and ardinance. ��ning-an�-speeixt Condirional use
872 pemrits for River Corridor areas are supplementary to other zoning and buiiding permits.
873
874
875
876
877
878
879
880
881
382
(C.F. No. 95-1444, § 5, 1-17-96)
Sec. 68�.503. Factors considered.
In addiTion to the generai standards and reguirements in section 61.540 and all other:reievant factors specifie,d in
othax seetions.af this chapter; in reviewing passirc�pairspeeix�conditional usepermit applications, the plamiing
commission ozplarniing administrator shall consider
�l-the fol�owing :
Page 21
03 • 24-�
883 (a�) The relationship of the proposed use to the comprehensive plan and floodplain management pro�am for
884 the city.
885
886 (b�) The unportance of the services provided by the proposed facility to the community.
887
888
889 `
890
891 (c#) The ability of the existing topography, soils and geology to support and accommodate the proposed use.
842
893 (d5) The compatibility of the proposed use with existing characteristics of biologic and other natm
894 communities.
895
896 (efr) 1"he proposed water supply and sanitation systems and the ability of those systems to prevent disease,
897 contaminazion and unsanitary conditions.
898
899 (f� The requirements of the facility for a river-dependent location, if appiicable.
900
901 (g$) The safety of access to the property far ordinary vehicles.
902
903 (h9) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
904 on the individual owner.
905
906 (i-16) The dangers to life and properiy due to increased flood heights or velocities caused by encroachments.
907
908 (ji-�) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected
909 at the site.
910
911 (k�)The danger that materials may be swept onto other lands or downstream to the injury of others.
912
913 (li3) The availability of alternative locations or configurations far the proposed use.
914
915 (mi-�)Such other factors as are relevant to the purposes of this chapter.
916
917 (C.F. No. 95-1444, § 5, 1-17-96)
918
919 . . .
920
921 ',
922 ,
923 .
924 ,
Page 22
03 -za-�
925 . ,
926 .
927 . .. . - , , - -
928
929 . . . ' ,
930
931 ,
932 � ,
933 .
934 .
935
436 . . . - , , - -
937
938 . . . .
939
940
941 . .
942
943 . . - , , - - , . . . - , , - -
944
945 . . . .
946
947 Sec. 685.504$. Conditions imposed.
948
949 The plamiirig commission or planning administratar may attach such conditions to the granting of specia�
950 conditional use permits as each deems necessary to fulfill the purposes of this chapter. Such conditions may
951 include, but are not limited to, the following:
952
953 (a}) Modifications of design, site planning or site treahnent.
954
955 (b�) Requirements for implementation of erosion and sediment control, vegetation management, wildlife
956 management and other protective measures.
957
958 (c3) Modifications of waste disposal and water supply facilities or operations.
959
960 (d#) Limitations on period of use and operation, a flood warning system and an evacuation plan.
961
962 (e5) Imposition of operational controls, sureties and deed restrictions.
963
964 (f6) Requirements for construcrion of channel improvements, modifications, dredging, dikes, levees and other
965 protective measures.
966
967 (g=� Floodproofingmeasuresshallbedesignedconsistentwithstate-establishedfloodproofingstandardsandwith
Page 23
03 -2
968
969
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
the flood protection elevation for the particular area including flood velocities, duration and rate of rise,
hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The
commission shall require that the applicant submit aplan or documents certified bya registeredprofessional
engineer or architect that the floodproofing measures are consistent with the regulatory flood elevarion and
associated flood factors for the particulaz azea. The floodproofing measures that may be required include,
but are not lunited to, the following:
(1)� Anchorage to resist flotation and lateral movement.
(2)�r: Installation of watertight doors, bulkheads and shutters, or similar methods of consfizction.
(3)e: Reinforcement of walls to resist water pressure.
(4)� Use of paints, membranes ar mortars to reduce seepage of water through walls.
(5)� Addition of mass or weight to stnxctures to resist flotation.
(6)f Installation of pumps to lower water levels in structures.
(7)g. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.
(8)ir. Installation ofpuxnping facilities orcomparablepractice for subsurface drainage systems forbuildings
to relieve externa] foundation wall and basement floor pressures.
(9)� Conshuction to resist rupture or collapse caused by water pressure or floating debris.
(1Q)r Installafion of valves or controls on sanitary and storm drainage which will permit the drains to be
closed to prevent backup of sewage and stormwaters into the buildings or structures. Grauity draining
of basements may be eliminated by mechanical devices.
(1:1)k Location of all electrical equipment, circuits and installed electrical appliances such that they are not
subject to the regional flood.
(T2)i: Location of any structural storage facilities for chemicals, explosives, buoyant materials, flauunable
liquids or other toxic materials, which could be hazardous to public health, safety and welfare, above
the flood protection elevafion or provision of adequate floodproofing to prevent flotation of or
damage to storage containers which could result in the escape of toxic materials into floodwaters.
1006(h $) Specifications for building conshuction and materials, filling and grading, water supply, sanitary faciliries,
1007 utilities and other work or construction to be submitted to the city division of housing and building code
1008 enforcement for review and approval prior to any development.
1009
Page 24
0 3- 24-�
1010(Ord. No. 17116, 3-22-84; C.F. No. 95-1444, § 5, 1-17-9�
1011
1012 . . . .
1013
1014
1015
1016
� \ � • � � � � �_ � � - \��M�\T�i\�f��/JLrI�I�ZtPJ\P
1017 . . . .
1018Editor's note—Section 65.600, pertainnag to appeals on floodplain matters and derived presumably fromprovisions enacted during the
10191987 republication, was repealed by C.F. No. 91-531, § 25, adopted May 6, 1993.
1020
1021Sec. 685.6501. Variances il�adi�c�ttiaus.
1022
1023(a) Applications for variance to the provisions of this
1024 chapter inay.be frled as provided in section 61.600.
1025
1026 , ' . The burden of
1027 proof shall rest with the applicant to demonstrate conclusively �cr-�(�e-eannrrissian that snch variance
1028 ��e�fian will not result in a hazard to life or property and will not adversely affect the safety, use ar
1029 stability of a public way, slope or drainage channel, or the natural environxnent; such proof may inciude
1030 soils, geology and hydrology reports which shall be signed by registered professional engineers.
1031 Variances shall be consistent with the general purposes
1032 of the standards contained in this chapter and state law and the intent of applicable state and national laws
1033 and programs. Although vatiances �d�e�fians may be used to modify permissible methods of flood
1034 protection, no sariance �ian shall have the effect of allowing in any district uses prohibited in that
1035 district, permit a lower degree of flood protection than the flood protection elevation for the particular area,
1036 or permit a lesser degree of flood protection than required by state law.
1037 . .
1038
1039
1040(b)
1041
1042
1043
1044
1045
1046
Notwithstanding any other provision of this river corridor code, �tiares variances may be granted far
the repair or rehabilitafion of historic shuctures upon a determination that the repair or rehabilitation will
not preclude the structure's continued designation as a historic structure, the madifrexfien variance is the
minimum necessary to preserve the historic character and design of the shucture and the repair ar
rehabilitation will not cause an �t increase in the height of the regional flood or inczease:ttie[flood
damage potential of:tY�e sfrizctiare.
�� :.-. :.. : : .. . . .. : . . . . ..
1�• . .. ::� : : � . : :: : .• . ; ����_
1�' . � . - :.•. : : .: . . . : : . : � . .
1 1 . -.� : :.� �. . . . :
1051
1052(Ord. No. 16956, 9-9-82; C.F. No. 91-531, § 26, 5-6-93)
Page 25
03•��
1053
1054
1055
ARTICLE VII�£. 685.�700. NONCONFORMII3G STRUCTURES
1056Sec. 685.97018. F'loodpiain nonconforming structures.
1057
1058Nonconfonuiug use of structures and land and nonconfornung structures shall be subj ect to the regulations in this
1059section as well as provisions of sseetion Chapter 62.�8z Nonconforming Lots, Uses and Structures. �to
106 . A structure which was lawful before the passage or amendment of tbis chapter but
1061which is not in conformity with the provisions of this chapter may be continued subject to the following
1062conditions:
1063
1064(a:) No shucture shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
1065
1066(b.)
1067
1068
1069
1070
1071(c-)
1072
1073
1074
1075
1076
1077
1078
1079
1080(d:)
1081
1082
1083
1084
10$5
1086 .
1087
1088(e:)
1089
1090
1091
If anynonconforming structure is destroyed by any means, including floods, to an extent of fifly (50) percent
or more of its market value at the time of deshuction, it shall not be reconstructed except in conformity with
the provisions ofthis chapter. The applicable provisions for establishing new structures in Section 6$5.210
or 685.220 will apply depending upon whether the structure is in the floodway or flood fringe, respectively.
1092
1093(C.F. No. 91531, § 29, 5
1094
Any alteration or addition to a nonconforming structure which would result in increasing the flood damage
potential of that structure or use shall be protected to the regulatory flood protection elevation in accardance
with any of the elevarion on fill or floodproofing techniques (i.e., FP-1 through FP-4, floodproofing
classifications) allowable in the state building code, except as further restricted in subsection c. below.
The cost of any structurai alterations or additions to any nonconforming structure over the life of the
structure shall not exceed fifty (50) percent of the market value ofthe structure unless the conditions ofthis
section are sarisfied. The cost of all structural alterations and additions constructed since January 28,1982,
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 addirions exceeds fifty (50) percent of the current market value of the structure, then the
structure must meet the standards of Section 685.210 or 685.220 of this chapter for new structures
depending upon whether the stnxcture is in the floodway ar flood fringe, respectively.
When the use of a nonconforming structure is discontinued or ceases to exist for three hundred sixty-five
(365) days, the nonconforming structure shall not thereafter be reused unril the nonconforming is made
conforming to the flood protection measures of this chapter, unless the planning commission, pursuant to
a public hearing, finds that the nonconfonning structure cannot reasonable or economically be made into
a conforming structure and that reuse of the nonconforming structure is consistent with the public health,
safety, marals and general welfare of the community and is consistent with the reasonable use and
enjoyment of adjacent property.
Page 26
03- ��
�� . ; -. : ,..,. :,: :;, :,
.,
1097
1098 ARTICLE VIII. 685.�800. AMENDMENTS
1099
1100Sec.685.�8016. Amendments.
1101
1102(a) All amendments shall be made in the manner set forth in Minnesota Statutes, Section 462357. The
1103 floodplain designations established bythis chapter shall not be removed from floodplain areas unless it can
1104 be shown that the designation is in errar or that the areas are filled to an elevation at ar above the flood
1105 protection elevation and aze contiguous to other lands lying outside the floodplain district. Special
1106 exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that,
1107 through other measure, lands are adequately protected far the intended use.
1108
1109(b) All amendments to this chapter, including amendments to the River Corridor Overlay Districts maps, must
1110 be submitted to and approved by the Commissioner of Nahual Resources prior to adoption. Changes to the
11ll - - flood+plain boundaries must meet the Federal Emergency Management Agency's
1112 (FEMA) technical condirions and criteria and must receive prior FEMA approval before adoption. The
1113 Commissioner ofNatural Resources must be given ten (10) days' written notice of all hearings to consider
1114 an amendment to this chapter and such notice shall include a draft of the ordinance amendment or technical
1115 study under consideration.
1116
1117(C.F. No. 91 § 27, 5
1118
1119Sec. 6$5.95$02. Areas protected by dikes, levies and floodwalls.
1120
1121Areas which the Federal Emergency Management Agency has removed from the floodplain through a revision
1122to the flood insurance rate map or a letter of map revision because the areas aze protected by a dike, levee or
ll23floodwall shall be exempt from the flood protection regulations of this code after said'FENfA acrion has:been
1124adopYecl:as a formal amendment.to tliis ordinance.
1125
1126(C.F. No. 91 § 30, 5
1127
1128
1129
1130
ARTICLE �. 685.$900. ADMINISTRATION
1131Sec. 685.$9018. Administration.
1132
1133(a) Record of eZevation of Zowest floor and floodproo�ng. The zoning administrator shall maintain a record of
1134 the elevation of the lowest floor (including basement) of all new structures, altered shuctures� or additions
1135 to existing structures in the floodplain. The zoning administrator shali also maintain a record ofthe elevarion
1136 to which all new structures and alterations or additions to structures are floodproofed.
1137
Page 27
b3-a4t
1138(b) State and federaT penrcits. Applicants for special condition use pemuts, modifications and site plan review
ll 39 approval are responsible for obtaiiuug all necessary state and federai pernuts.
1140
1141(c) Warning and disclaimer of liability. This chapter does not unply that ateas outside the floodplain districts
1142 or land uses permitted within such districts wiil be free from flooding or flood damages. This chapter shall
1143 not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood
1144 damages that result from reliance on this chapter or any adniinistrative decision lawfully made thereunder.
1145
1146(d) Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional ar
1147 invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
1148
ll49(C.F. No. 91-531, § 28, 5-6-93)
1150
1151Sec. 68.902. 55:5�� Notify commissioner of natural resources.
1152
] 153A copy of the application for Hrepx�opased-speeixt a conditional use permit or variance shall be submitted to the
1154commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10)
1155days' notice of the hearing. A copy of all decisions granting speeia} conditional use pernuts or variances shall be
1156forwarded to the commissioner of nattual resources within ten (10) days of such action.
1157
1158(C.F. No. 95-1444, § 5, 1-17-96)
ll 59
1160Sec. 6&r903: fis.58� Notice of increased insurance costs.
1161
1162 Applicants �prapase far a eou3i�ional �iise perniii or variaiice to
1163constnxct a structur , , below the regulatory flood protection elevation;—as
1164 . , sFiall be:;notified that: {1) �the issuance of a speeiR} conditiorial use
1165permit or variance to construct a stnxcture below the regulatory flood protection elevation witi may result in
1166increased premium rates far flood insurance up to amounts as high as twenty-five doilars ($25.00) for one hundred
1167dollars ($100.00) of insurance coverage; and � 2) �such construction below the regulatory flood protection
ll 68elevation increases risks to life and properry. Such notification shall be maintained with a record of the speer�tt
1169conditional use permit or var3anc�. The planning ar zoning administrator shall report such speei�x� conditional use
1170permits or variances issued in the biennial report submitted to the administrator of the National Flood Insurance
1 J 71Program.
1172
1173(C.F
1174
1175
ll 76
1177
No. 91-531, § 24, 5-6-93; C.F. No. 95-1444, § 5, 1-17-96)
Section 3.
1178That Saint Paul Legislative Code exisring Chapter 68, Zoning Code - Wetland Conservation shali be renumbered
ll79as Chapter 65.
Page 28
iiso
iisi
iis2
1183 Section 4.
1184
1185This ordinance shall become effective thirry (30) days after its passage, approval, and publicarion.
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
ll 96
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
1210
1211
1212
121'�
Adoption Ceh
By:
Approved by
By:
Approved by Financial Services
43•z4t
�" i K
Adopted by Council: Date Y"\,,,..,4„ 3Ce 3-a p`1, Form Approved by City Attorney
��
63---�I
DEPARTMF.NT/OFFICE/COUNCII,:
launing &Economic Development ''TE Il''1TiaT�u GREEN SHEET No 204615
02/28/03
ONTACI' PERSON & PHONE: ^ � IlViTTALDATE IN1T7AUDA
'ch Malloy 266-6647 �� �� 1 DEPARTMENT DIl2. a crrY covrrcu,
� gpR 2 CITY ATfORNEY - f-� l _ CITY CLERK
OUTING FA`ANCIAI. SERV DIIL FINANCIAL SbRV/ACCTG
RDER 3 MAYOIt (OR ASST.)� _ C1VII. SERVICE COMbIISSION
HRA CIIAIltPERSON
PED ACCOUNTING MUST BE ON COUNCII. AGENDA BY (DATE)
March 12, 2003
OTAL N OF STGNATURE PAGES 3_(CLLP ALL LOCATIONS FOR SIGNATURE)
cnon* xEQUES'rtn: Pass ordinance to adopt r"evised floodplain regulations and zoning maps for all property '
e City of Saint Paul located within the floodplain.
COMMFiNDA1TONS: Approva (A) or Reject (R) ERSONAI, SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
1. Has this person/fvm ever worked under a contrnct for this depaivnert?
A_ PLANNING COMMISSION Yes No
CIB COMMITTEH 2. Has flils person/fum ever been a city emp]oyee?
CNII, SERViCE CONIIvIISSION Yes No .
3. Does iLis pecson/ficm possess a skill not nom�ally possessed by eny cuaent city employee?
Yes No<
Fsplain all yes answers on separate sheet and attach to green s6eet
Nota ticaWe
(A7'ING PROBLEAI, ISSUE, OPPORTUNTI'Y (Who, What, When, Where, Why):
City has recenfly completed a Flood Insurance Study (FIS) to update the Cily's Flood Insurance Ttate Map flood�
idaries. This study, wluch has been approved by the Federal Emergency Management Agency and Minnesota Deparhnex
¢al Resources detemilnes the boundaries for the Floodway and Flood Fringe overlay zoning district boundaries in
iplain. The City is required to adopt the amended floodplain ordinauce by April 2, 2003. Adoption of Uris ordinance
is a reauirement to maintain the Citds eliQibilitv for the National Flood Insurance Propram.
�VANTAGES Ik' APPROVED: � �
the City CouncIl approves. flus ordinance, the City's floodplain regularions will be in compliance with FEMA &
�uirements. Further. the Citv will maintain its elieibilitv for the National Flood Insurauce Proeram
IF APPROVED:
IF NOT APPROVED:
would lose its elieibiliri for the Narionai Flood
AMOUNT OF TRANSACI'ION:
SOURCE:
ACTIVITYNUMBER:
INFORMATION: (F.XPLATi�)
NOT A FINANCIAL MATTER
hiAR 0 4 2003
ClTY ATTQRNEY
� �.
a3 -�u
(.'I'I'Y �F' SAIN'I' PA�. 390 Ciry Hal! TeLephane: 651-266-8510
Randy C. Kelly, Mayor IS West Ke[[ogg Boulevard Facsimile: 651-266-8513
Saint Paul, MN 55702
February 27, 2003
Council President Bostrom and Members of the City Council
310 City Hall
Saint Paul, MN 55102
Dear Council President Bos1rom and Members of the City Council:
I am pleased to transmit for your consideration revision of the River Corridor Chapter of the zomng
ordinance and corresponding overlay zoning district maps. The purpose of these revisions are to update
the City's floodplain management regulations to be in compliance with Federal Emergency Management
Agency (FEMA) and Minnesota Department of Natural Resources (DNR) regulations. Failure to comply
with such regulations could result in terminarion of the City's eligibility for the National Flood Insurance
Program (NFIP).
Please note that the deadline for the City to come into compliance with FEMA floodplain regulations is
Apxi12, 2003. In addition, as of April 2, 2003, the revised Flood Insurance Rate Map (FIRM) printed
and published by FEMA will become effecrive. The floodplain and floodway boundaries shown on
these maps will become the river corridor overlay zoning districts (RCl, Floodway and RC2, Flood
Fringe) on the City's official zoning map.
You will receive a greensheet on this project for adoption of the revisions to the River Corridor Chapter
of the zoning code. I support their adopfion as recommended by the Planning Commission. If you have
any questions ar need additional information, please call Larry Soderholm (266-6575) or Allan
Torstenson (266-6579) of the PED staff.
ivinyvr
Enclosures
�
03 -ay�
Minnesota Department of Natural Resources
500 Lafayettz Road
S[. Paul, \linnesota SSlij-qp
Mazch 26, 2Q�3
The Honorable Randy Keily, Mayor
City of St. Paul
15 Kellogg Boulevard West
St. Paul, MN 55102-1635
Dear �ayor Keliy:
STATE APPROVAL OF PROPOSED FLOODPLAIlV ORI7INANCE REVISION
The Federal Emergency Management Agency (FEMA} has revised the FJ ood Insurance
Study Text and Flood Insurance Rate Map for the City of St. Paul with an effective date
of Apri12, 2003. By this effective date, your community must amend its floodplain
management ordinance consistent with state and federat floodplain management
standards to maintain its eligibility in the National Fload Insurance Program.
On Mazch 7, 2003, Mr. Allan Torstenson of your staff, via emaiI, submittad a final draft
floodplain ordinance revision to this office. These revisions were incorporated into a
document titled, "An ordinance amending Chapter 65 of the Saint Pau1 Legislative Code
peztaining to zoning for the City of Saint Paul with changes to the,River Cotridar Chapter
and conesponding overlay zoning district maps: '
On behalf of the Commissioner of Natural Resources, I am pleased to inform you that the
above-cited proposed orclinance amendment is in complzance with "Statewide Standards
and Criteria for Management of Floodplain Areas of PtrIinnesota," Minnesota Reguiations,
Parts 6120.5000 to 6120.6200_ Therefore, in accordance with Minnesota Statutes, Section
I03F.121, Subd. 2(g}, I hereby certify conditional state approval of the above-cited draft
ordinance. To the best of my knowledge, this proposed ordinance a�endrsenY is a!so
compliant with the floodplain management standards af the National Flood Insnrance
Program found in 44 Code of Federal Regulations, Section 60.3(d).
Please be advised that any fnture amendment of this ordinance or change in the
designation of flood prone areas requires prior approval of the Commissioner. Also note
that you are required to send copies of hearing notices and final decisions pertaining to
variances, conditional use permits, and ordinance amendments relating to this ordinance
to this agency. Please send these materials directly to DNR Waters' Area Hydroiogist
Molly Shodeen at BNR Waters, 1200 Wamer Road, St. PauI, MN, 55106. Please rely on
Ms. Shodeen far day-to-day assistance in ac�sninistering your community's floodplain
management ordinance.
DNR Information:651-296-6157 • 1-888-646-6367 • TTY:651-296-5484 • I-800-657-3929
An Fquat Opportuniry Employer Iss Printetl on Recycled Paper Contairung a
Who Values Diversiry d��r Minimum of 10% PoshConsumer Waste
March 26, 2003
The Honorable Randy Kelly
Page 2
Upon adoption, would you have your staff provide this office with three (3) certified
copies of the adopted ordinance amendments along with the signed and completed
Ordinance Certification Checiclist that I haue attached. Please provide these materials to
Mr. Tom Lutgen of my staff at this address as quickly as possible so that we can submit
one copy to FEMA's Regional Office in Chicago, IL by the Apri12, 2003 effective date.
Ycur commiini�y's cc,aperation and iniiiaiive in providing Por the reduction in fiood
I would especially like to thank Mr. Torstenson for his efforts m
dra$ amendments by the effective date.
Please contact Ms. Shodeen at (651) 772 -7910 shouid you need our assistance in the
future.
Sincerely,
DNR WATERS
bazghi Sium, P.�
Supervisor, Floodplain Management Program
& NFIP State Coordinator
Enclosure
C: Tira Miller, FEMA
Allan Torstenson
Dale Homuth
Molly Shodeen
DEPARTMENT OF PLANN7NG
& ECONOMIC DEVELOPMENT
M¢rth¢ G. Fuller. Director
CTTY OF SAINT PAUL
Randy C. Kelly, Mayor
February 19, 2003
Ms. Nancy Anderson
City Council Research Office
Room 310 City hall
Saint Paul, MN 55102
Dear Ms. Anderson:
25 West Fourth Street
Saint Paul, MN ii702
D3 -�-�
�
sa
Telephone: 651-266-6626
Facsim iie: 6i I -228-3347
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
March 5, 2003, for the following:
Purpose:
Address:
Revision and Adoption of Flood Plain Ordinance and Flood Plain
Zoning Map
All properties located within the floodplain in the City of Saint Paul
Previous Action: Planning Commisison will hold a public hearing on February 28, 2003
On Februazy 7, 2003, the Comprehensive Planning Committee
recommended holding a public hearing atthe Planning Commission on
February 28, 2003, and simultaneously forwarding the amendments to
the City Council so that the Apri12, 2003, FEMA deadline far City
adoption can be met.
My understanding is that this public hearing request will appear on the February 26, 2003 agenda and
you will publish notice of the hearing in the Saint Paul I,egal Ledger on Thursday, February 20, 2003
or no later than Monday, Febmary 24, 2003. Please call me at 266-6647 if you have any questions.
Sincerely,
Rich Malloy
C1Y�f P13T1I1CI
cc: File #00-140458
Paul Dubruiel
Carol Martineau
Wendy Lane, LIEP
Alan Torstenson
Larry Soderholm
FOTICE OF PUSIdC HEARIIYG _
The Saint Paul City Couaoii�vsill con-
duct a public hearing on Wedaesday,
Mareh 5, 2003, at 5:30 p.m. ia the City
Council Chambers, Third Floor, City
Ha1L-Courthouse, 15 West Kellogg
Boulevazd, Saint Paul consider
tke revision and adoption of YRoor Plain
Ordinance and Fluod PIain Zun'no Map
fos all properEy in the City of Saint Pavl
located witUin the flood plain.
Dated: February 21, 2003 � - �
NANCYANDERSbN, � -
Assiatant Clty conncil secretary
"(Feb=uazy 241
� � S'L Pi�OL LF.(iAL I�
R2060787 ,.. .
A.4-ADA-EEO Employer
DEPARTMENTOFPLANNING
& ECONOMIC DEVELOPMENT
Marth¢ G. Fuller, Director
CTTY OF SAINT PAUL
Randy C. Kelly, Mayar
�rr�
February 26, 2003
Ms. Nancy Anderson
•
•
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
25 West Fourtk Slreei
Saint Pmd, MN 55102
RE: Revision & Adoption of Flood Plain Ordinance and Flood Plain Zoning Map
City Council Hearing: March 5, 2003, 530 p.m., City Council Chambers
v3-��
Telephone: 61?-266-6.i 6.5
Facsimile: 672-2?8-3314
Purpose: An ordinance amending Chapter 65 of the Saint Paul Legislative Code pertaining to zoning
for the City of Saint Paul with changes to the River Corridor Chapter and overlay zoning
district maps.
Planning Commission Recommendation: The Planning Commission will hold a public hearing on
Friday, February 28, 2003. The Planning Commission's
recommendation will be forwarded to the City Council prior
to the Public Hearing.
Staff Recommendation:
District Council Recommendation:
Dear Ms. Anderson:
Approve
None
This amendment to the zoning code is scheduled to be heard by the City Council on March 5, 2003. Staff
will be prepared to present a summary of the amendments at the Public Hearing upon the request of the
City Council. Please contact me (266-6647) if you have any questions.
Sincerely,
'ch Malloy
City Planner
cc: Carol Martineau
Paul Dubruiel
Wendy Lane
Allan Torstenson
Larry Soderholm
AA-ADA-EEO Employer
p3 -z4i
�
Presented By
Referred To
Council File �
Ordinance n
Green Sneet n
ORDINANCE
C1TY OF SAtNT PAUL, MINNESOTA
Committee: Date
1 An ordinance amending Chapter 65 of the Saint Paul Legislative
2 Code pertaining to zoning far the City of Saint Paul with changes to the
3 River Comdor Chapter and conesponding overlay zoning district maps.
4
WHEREAS, the Mississippi River Corridor Plan adopted by the City Council on January 9, 2002,
recommends review and revision of the River Corridor Chapter of the zoning ordinance and conesponding
overlay zoning district maps; and
9 WHEREAS, the Department of Planniiig and Economic Development (PED) initiated a Flood Insurance
1�dy (FIS) in the fall of 2001 for the purpose of updating the City's Flood Insurance Rate Map (FIRM)
1 dway and flood fringe boundaries; and
12
13 WHEREAS, after completion of the FIS, the City was notified by the Federal Emergency Management
14 Agency (FEMA) on May 31, 2002, of proposed modifications of flood elevation determinations affecting the
15 FIRM, and on June 21, 2002, FEMA published a notice of proposed Base (1% annual chance) Flood
16 Elevations (BFEs) in the Saint Paul Pioneer Press; and
l7
l8 Wi�REAS, the statutory 90-day period for appeal of BFE determinations expired on September 19, 2002,
t9 and no valid requests for appeal ofBFEs were received by FEMA; and
?0
'-1 WHEREAS, on October 2, 2002, FEMA notified the City that the modified BFEs and revised FIRM map
'-2 panels aze effective as of Apri12, 2003, and that prior to Apri12, 2003, the City is required, as a condition of
3 continued eligibility in the National Flood Insurance Program, to adopt the new maps along with revisions to
;4 Saint Paul floodplain regulations to meet current FEMA standards; and
:5
;6 WHEREAS, the attached revisions to the River Corridor chapter of the Zoning Code have been drafted with
;7 assistance from staff at the Minnesota Deparhnent of Natural Resources (DNR) to meet current FEMA
:8 standards; and
9
� WHEREAS, on February 13, 2003, a notice of public hearing was published in the Saint Paul Legal Ledger,
1 and, on February 28, 2002, the Planning Commission held a public hearing at which all persons present were
2 ven an opportunity to be heazd in accordance with the requirements of §64300 of the Saint Paul Legislative
�e; and
4
WHEREAS, on February 28, 2003, the Planning Commission recommended approval of the revisions to the
River Corridor Chapter of the zoning ordinance and corresponding overlay zoning district maps; and �
WHEREAS, notice of a public hearing before the City Council on the revisions to the River Corridor Chapter
of the zoning ordinance and conesponding overlay zoning district maps was published in the Saint Paul Legal
Ledger on February 24, 2003; and
VJHEREAS, a public hearing before the City Council having been conducted on March 5, 2003, at which ail
interested parties were given an opportwuty to be heard, the Council having considered all the facts and
recommendations concerning the revisions of the River Corridor Chapter of the zoning ordinance and
corresponding overlay zoning district maps ; NOW, THEREFORE,
THE COUNCIL OF THE CTTY OF SAINT PAUL DOES ORDAIN:
� Section 1.
���=— � — °
S 1 That the zoning map of the City of Saint Paul, River Corridor Overlay Zoning District, Sheet Numbers,
52 1,2 3 4,5 6 7 8 9,10 11 12,13 14 15,16 17 18,19,20, and 21, as incorporated by reference in Section 60.301 of
53 the Saint Paul Leb slative Code, as amended, is hereby further aznended as shown on the map attached to this
>4 ordinance:
i5
i6
>7
�8
�9
�0
�l
.2
3
4
5
�
Section 2.
That Saint Paul Legislative Code Chapter 65 be changed to Chapter 68 and be amended to read as follows: •
Chapter 68�. Zoning Code - River Corridor Overl�y IIisfrictsx
*Editor's note—This chapter is derived from the following ordinances:
Ord. No.
16876
16931
16956
17116
17502
Sec.
Date
` 1-28-82
'� 6-15-82
-- 9- 9-82
-- 3-22-84
1 10-13-87
.. . �� .. ..�
�. � .
\\ � ~'�'
Sec. 685.101. Intent and purpose.
(a) The River Corridor Overlay District and its subclassifications, RC=1, RC=2, RC=3 and RC=4, are mapi
overlay districts, designed to provide comprehensive floodplain and river bluff management for the City
of Saint Paul in accordance with the poIicies of Minnesota Statutes (Chapters 103# and 116G), Minnesota
Page 2
63•?.�-�
si
82
8
8
85
86
87
88
89
90
91
92
93
94
95
96
97
98
�9
100
101
l02
(03
ip
Regulations (MEQC 54) and Governor's Executive Order No. 79-19.
It is the purpose of this chapter:
(1) To protect and preserve the Mississippi River Corridor as a unique and valuable resource for the
benefit of the health, safety and welfaze of the citizens of the city and the state;
(2) To prevent and mitigate irreversible damage to the Mississippi River Corridor;
(3) To protect and preseroe the Mississippi Itiver Corridor as an essential element in the federal, state,
regional and local recreation, transportation, sewer and water systems;
(4) To maintain the River Corridor's value and utility for residential, commercial, industrial and public
purposes;
(5) To protect and preserve the Saint Paul Mississippi River Corridor's biological and ecological
functions;
(6) To preserve and enhance the Saint Paul Mississippi River Corridor's aesthetic, cultural, scientific and
historic functions;
(7) To guide development of the floodplain so as to minimize loss of life, threats to health, and private
and public economic loss caused by flooding; and
' (8) To guide floodplain development in order to lessen the adverse effects of floods, but not to reduce or
� eliminate flooding.
07 (Ord. No. 168'J6, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 6, 5-6-93)
08
09 Sec. 685.102. Establishment.
10
11 (a) This ardinance shall apply to all lands within the City of Saint Paul shown on the river corridor overlay
12 zoning district maps as being located within the boundaries of the RC=1 River Corridor Floodway District,
13 RC�2 River Corridor Flood Fringe District, RC=3 River Corridor Urban Open Space District and RC=4
14 River Corridor Urban Diversified District.
15
16 (b) The t�veirtq=atx�(�}j river corridor overlay zoning district maps accompanying this rivei corridor code ;
1 � $$t��-6� �9$'F, together with all matters attached thereto, are hereby adopted by reference and made a
18 part of this �code as if the matters and information set forth therein were fully described herein. The
19 attached material shall include:
ZO
?1 (1) The Flood Insurance Study for the City of Saint Paul prepared by the Federal �ee
�z �rrisrish-atioa Emergencp Managament Agency (FEIVIA , dated
� ) ���April 2, 2003; and
'-4 (2) The Flood Insurance Rate Map, dated , Apri12, 2003.;�
?5 ' '
�� . .
'- [T'hese are superseded by the new FEMA maps in #2] �
�g
Page 3
129 (c) The RC1 F�oadway District sha11 include those areas desi�nafed.as flogduFay and Zone AE cvifliout
130 �loodway desigttation on the�loodl�isui�auce Rate Map. F'he FZood�ringe Disfrict shall iaclude fho�
131 areas designated as Zone AE anfl outsii�e of the floodway on the Flood Insurance Rafe Msp. [This
132 recommended laaguage from a Di�TR sample fIood plain ordinance.]
133
134 (de) Within these dishicts all uses not allowed as perruitted uses or as permitted uses subject to special
135 conditions shall be and are hereby prohibited. Legal nonconforming structures or uses existing on the
136 effective date of this chapter or amendment thereto will be pemutted to continue as provided in section
137 62.102 and section 65.900.
138
139 (Ord. No. 16876, 1-28-82; Ord. No. 16931, 6-15-82; Ord. No. 17116, 3-22-84; Ord. No. 17502, § 1, IO-13-87; C.F. No. 91-531, §§
140 7, 8, 5-6-93)
141
142 Sec. 6$5103. Compliance.
143
����r^�rr"tr�eg�re������yg�-�-�- ofrsco .orma[rczwrt�i�ieprav�s�onso�`f�is:-
145 oxd'uial�ce shall be, secuTecl pnanlo EFie erection, addition or aiteration of any btuldirig, struct�e,_nr portion
146 tliereof; prior ta_the use or change of use of a tzuileling, siractu��`or i��a �o `�te change or eatension
i47 of_a nonconfonni�ig use; and 'priar fo fhe placemenf"af,fill; eYCavatiau.of materials,_or:the sYar,age of
�48 TT1�tP.l3als pr,E�qUjprilBIIt Wlthitl �`le QoOd pr22Ti_ [Recommended language from a DNR sample flood plain ordinance
l49 to meet curtent FEMA standazds.J
50
_51 (ba) Compliance of uses or occupations required. No use or occupation of any lands, for any purpose
52 wkatsoever, shall hereaf}er be permitted within the River Corridor District without full compliance with th�
53 terms of this chapter and other applicable laws. •
54
55 (cb) Compliance of structures, fzll, etc. No structure, fill, material or object shall hereafter be placed on or
56 removed from lands within the River Corridor District, and no structures or other object shall hereafter be
57 Iocated, used, constructed, extended, converted or altered within the district without full compliance with
58 this chapter and other applicable laws.
59
60 (de) Submission of szte plan. A site pian shall be submitted to and approved by the planning commission in
61 accordance with section 62108 before a pernut is issued for any 8evelopment on property whoIIy or
62 partially located within the River Comdor District. For any development in the RC=1 and RC=2 districts,
63 the site plan shall include the regulatory flood protection elevarion; the proposed elevarion of fill; the
�4 proposed elevation of the lowest floor of new structures, altered structtues and additions to existing
55 structures; and the proposed elevation to which shuctures will be floodproofed.
56
57 (e�) Review of building permits for adequate fZoodproofing. All building pernuts for structures proposed to be
�$ floodproofed in the RC=1 and RC=2 dishicts shall be reviewed to determine whether the sh will be
�9 adequately floodproofed.
�0
�1 (fe) Cert�cation. Before a certificate of occupancy is issued for any development in the RC=1 and RC=2
'2 districts, the applicant shall submit to the zoning adininistrator certification by a registered professional
'3 engineer, reo stered architect, registered landscape azchitect orregistered land surveyor that the finished fill�
'4 and building elevations were accomplished in compfiance with the provisions of this ordinance. Finished
'� fill and building elevations shall be verified by ground surveys. Floodproofmg measures shall be certified
'6 by a regisYered professionat engineer or registered architect.
Page 4
c� 3- 4 �
���
l�d. ATO. 16931, 6-IS-82; Ord. No. 17ll6, 3-22-84; C.F. No. 91-531, § 9, 5-(_93)
1
180
181 ARTICLE II. 685.200. RIVER CORRIDOR OVERLAY DISTRICTS
182
183 Division 1. 685.210. RC=1 River Comdor Floodway OverIay District
184
185 Sec. 685.2ll. �riaeipa} uses.
186
187 (a)
188
189
190
191
192
193
194
The following uses shall be permitted within the RC=1 Floodway District to the extent that they aze not
prohibited by any other provision ofthe zoning code or other ordinances. The uses are subject to the
conditions of the underlying zoning district, to the standards for pririeipg} uses in the
Floodway District, section 6&5.212 and to the ?2iver Corridor Standards and Criteria, section 685.400.
(1) Nonstructural industrial-commercial uses, such as open-loading azeas, parking areas, interiar service
roads, airport service roads and airport runways.
195 (2) Public andprivaterecreational uses suchas golfcourses, tennis courts, drivingranges, archeryranges,
196 picnic and camp grounds, boat launching and beaching areas ar ramps, swimming areas, parks,
197 playgrounds, wildlife and nature preserves, game fanns, fish hatcheries, and hiking, bicycling,
198 horseback or recreational vehicle areas and trails, and other open space uses.
19� ?0 (3) Accessory residential uses such as lawns, gardens, parking areas and play areas.
?Ol
?02 (C.F. No. 91-531, § 10, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
?03
?04 Sec. 685.212. Standards for priacipa}�ses-pernnitted yses in the RCl Floodwa District.
?OS Y
?06
;07 '
:08 (a}) The use shall not s�t}} obstruct fload flows arsigirifieant}q tqxtke,pouzt that it increases the one
:09 percenf (T%)-,chance flood elevations and shall not involve shuctures, fill, obstruction, excavations or
:10 Storage of mate2lals or equipment. [This change is to meet Narional Flood Insurance Progiam standazds as required to
11 maintain St. Paul's eligibility in the National Flood Insurance Program]
12
13 (b�) The use shall have a low flood damage potential.
14
15 (c�) The use shall not adversely affect the hydraulic capacity of the channel or floodway or any hibutary to the
16 main stream or of any ditch or other drainage facility or system.
17
18 (d�) No use sha11 be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
19 Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
20
?�' No. 17116, 3-22-84; C.F. No. 91-531, § ll, 5-6-93; C.F. No. 9�-1140, § 8, 10-18-95)
Pagz 5
222
223
224 Sec. 6$5.213. �4 Coaditionai uses
225 '
226
227
228
229
230
231
232
•
The following uses shall be permitted wi4hin the RC=1 Floodway District to the extent they aze not prohibited by
any other provision of the zoning code or other ordinances. The uses shall bepernutted only upon the application
and issuance of a speei� conditionat use permit by the planning coxnmission. The uses are subject to the
conditions of the underlying zoning district, to the standazds for co '�'
. . . . prnreipa� � ndiUoriai uses peir�i���
the Floodway District, section 68�.214 below, and to the River Corridor Standards and
Criteria, section 6$5.400 below.
233 (a}) Railroads, highways, streets, alleys, access roads, bridges, sewers, utilities, utility transmission lines and
234 pipe lines.
�2,3_5
236 (b�) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control structuras and navigation�
237 facilities.
Z38
?39 (c�) Storage yards ar areas for equipment, machinery or butk materials.
?40
>_41 (d�) Structures accessory to pernutted uses, section 65.212, or condifional uses of this section.
?42
?43 (e5�) Placement of fill.
?44
�
'45 (f6) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the
:46 intent is to protect individual structures.
:47
'.48 (C.F. No. 91-531, § 12, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
49
50 Sec. 685.214. Standards for griaeipx} conditiona} uses in the RCI
51 Floodway Disirict.
52
53 T' '^�rrar-�zs nr� �,,;tsrA-.-, i' r r _- -- .,_ r, . _. .
�.��,�+ �,���
55
56 (a�) No structure (temporary orpermanent), fill deposit (including fill for roads and levees), obstruction, storage
57 of materials ar equipment, or other use may be allowed which will cause an increase in the height of the
>8 regional flood or cause an increase in flood damages in the reach or reaches affected.
>9
SO (bZ) Fill shall be protected from erosion by vegetarive cover, mulching, riprap or other acceptable method.
il
i2 (c3) Accessory struchzres shall not be designed for human habitation.
i3
i4 (d�) Accessory structutes shall be conshucted and placed on the building site so as to offer the minixnum•
�5 obstruction to the flow of floodwaters.
�6
(1)� Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction
of flood flow; and
n3• 2A� �
Z�o
27
2
273 e5)
274
275
276
277
278 (f6)
279
280
281
282
283
284
285
286
Z87
?88
Z89
?90
(2)b: So far as practicable, structures shall be placed approximately on the same flood flow lines as those
of adjoining structures.
All 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 accessory shuctures shall be
no lower than one (1) foot below the rea latory flood protection elevation and the fill shall.extend at such
elevation at least fifteen (15) feet beyond the outside lim:ts of the shucture erected thereon.
As an altemative to elevation on fill, accessory structures may be structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classification in the state building code or floodproofed
to the FP-3 or FP-4 floodproofmg classification in the state building code, provided the accessory sfructure
constitutes a minunal investment, does not exceed five hundred (500) squaze feet in size and for a detached
garage, the detached garage must be used solely for parking of vehicles and limited storage. All
floodproofed accessory structures must meet the following additional standazds, as appropriate:
(1 Ja- The structure must be adequately anchored to prevent flotation, coliapse or lateral movement of the
structure and shall be designed to equalize hydrostatic flood farces on exterior wa11s; and
(Z)b: Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood
protection elevatidn or properly floodproofed.
?91 (�) Storage of materials or equipment may be allowed if readily removable from the area within the time
'-9 available after a flood waming and in accordance with a plan approved by the planning commission.
?9
?94 $)
!95
;96
:97
:98
Structural warks for flood control that will change the course, current or cross-section ofprotected wetlands,
arpublic waters shall be subjectto the provisions ofMinnesota Statutes, Chapter 10�;G5, Community-wide
shucharal works for flood control intended to remove areas from the regulatory floodplain shall not be
allowed in the floodway.
99 (i9) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the regional flood and
00 the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
O1
02 (j}$) No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes,
03 Section 115.01, unless adequate safeguards, approved by the state poIlution-control agency, are provided.
04
OS (C.F. No. 91 § 13, 5 C.F. No. 95 § 8, 10
06
�� Division 2. 685.2206. RC=2 River Corridor Flood Fringe Ovetlay District
08
�9 Sec. 685.221. �rineipx} permitted uses germitt�$.
10
Page 7
�
311
312
313
314
315
316
317
318
319
Permitted uses in the RC=2 Flood Fringe Overlay District shall be those uses of land or structures listed
permitted uses in the underlying zoning district, except that mining, extraction operations, the disposal of was�
materials and landfills shall not be permitted. The uses are subject to the conditions of the underlying zoning
di strict, to the standards for pri�p�ses permitted pses in the Flood Fringe Dishict, section 685.222 below, to
the Standards for All Flood Fringe Uses, secrion 685.225 below, and Itiver Corridor Standards and Criteria,
section 68�.400 below.
(Ord. No. 17ll6, 3-22-84; C.F. No. 9I-531, § 14, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
320 Sec. 685.222. Standards for � permitted uses in the I2C2 Flood FYinge District.
321
322
323
324
326
327
328
329
� .: . . : ::. . _ : .� ..
. . . :-�� • :.:: :
(a�) All structu:es, including accessory structures, must be elevated on fill so that the lowest floor
_�.��,,e,.t ��,._ ._ .. - � ., . -
structures shall be not lower than one (1) foot below the regulatory flood protection and &11
shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected
thereon.
>30 (b�) As an alternative to eIevation on fill, accessory shuctures that constitute a minimal investment and that do
331 not exceed five hundred (500) squaze feet for the outside dimension at ground level may be internally
332 floodproofed in accordance with section 6fi5.214(ffr).
> • S34
�35 � �
36 � �
37 requuement, and placement of fill receives adequate review and re lation throu h the Ci ��s is not a state or federal
3 8 This change will eliminate redundant and unnecessary conditional u e ermit a gications � s site plan review requirements.
39 P PP �
40 (c�) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
41 elevation.
42 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 15, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
43
44 Sec. 685.223. �riueipat Couditional uses
45 •
46
�7
�8
�9
i0
il
>2
The following uses shall be permitted within the RC=2 Flood Fringe District to the extent they are not prohibited
by any other provision of the zoning code or other ordinances, except that mining, extraction operations, the
disposal of waste materials and landfills shall not be permitted. The use shall be permitted only upon the
application and issuance of a speei�t conditionat use permit by the plantting commission. The uses aze subject
to the condifions ofthe underlying zoni ng district, to the standards forprineipa} conditiorial uses per�n'rt�jeet
� �� in the Ftood Fringe District, section 685.224 below, to the Standards for All Flood Fringe
Uses, section 685.225 below, and to the River Comdor Standazds and Criteria, section 685.400.
Page 8 •
03 •�
353 (ai-) Any structure that is not elevated on fill or floodproofed in accordance with section 68�.222(ai-) or (bZ)
35 above.
3
35 �) Any use of land that does not comply with the standards in section 685.222(c'�)-ar f4j,
357
358 (c�) Sewa�e treatment plants.
359 (Ord. �`o. 17116, 3-22-84; C.F. No. 91-531, § 16, 5-6-93; C.F. No. 9�-114Q § 8, 10-IS-95)
360
361 Sec. 685.224. Standards for �rriaeipa} condifioual uses
362 Ftood Fringe District. in the BC2
363
364 i ri � � . _,_--''�'_ • .. -- -
365 eoaditiares-
366
367 (a�)
368
369
370
371
Z72
�73
�74
77
7�
78
79
80
81
82
33
34
35
36
37
38
>9
)Q
�1
r2
��
Alternative elevation methods other than the use of fill may be utilized to elevate a struchxre's lowest floar
above the regulatory flood protection elevation. These altemative methods may include the use of srilts,
pilings, pazallel wa11s 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 azea is above grade on at least one (1) side of the structure; 2) is designed to internally
flood and is constructed with flood-resistant materials; and 3) is used solely forparking ofvehicles, building
access or storage. The above-noted alternative elevation methods are subject to the followir.g additional
standards:
(1)a: Designandcertification.Thestructure'sdesignandas-builtconditionmustbecertified6yaregistered
professional engineer or architect as being in compliance with the general design standazds of the
Sstate Bbuilding Ceode and, specifically, that all electrical, heating, ventilation, pluxnbing and air
conditioning equipment and other service facilities must be at or above the regulatory flood protection
elevation ar be designed to prevent floodwater from entering or accumulating within these
components during times of flooding.
(2)ir. Specific standards for above grade, enclosed areas. Above grade, fully enclosed azeas such as crawl
spaces or tuck-under garages must be designed to intemally flood and the design plans must stipulate:
a�. The minimum area of openings in the walls where internal flooding is to be used as a
floodproofing technique. When openings aze placed in a structure's walls to provide for entry
of floodwaters to equalize pressures, the bottom of all openings shall be no higher than one (1)
foot above grade. There sfiall be a mtnimum of two openings and the openings s1�aI1 be placed
On 3t le3St tWO W3�S Of tlle StruCYUTE. ['17us change is to meet current language in FEMA regulahons as
required to maintain St. Paul's eligibility in the Narional Flood Insurance Prograui.j Openings may be
equipped with screens, louvers, valves or other coverings or devices, provided that they permit
the automatic entry and exit of floodwaters.
Page 9
u
394 b�. That the enclosed area will be designed of flood-resistant materials in accordanca with the FP�
395 or FP-4 classifications in the state building code and sha11 be used solely for building access,
396 parking of vehictes or storage.
397
398 (b�) Basements, as defined by section 60.203�.B far this river corridor code, shall be subject to the following:
399
400 (1)$: Residentialbasementconstructionshallnotbeallowedbelowtheregulatoryfloodprotectionelavarion
401 except as authorized in subsection (fJ of fhis seetion.
402
403 (2)1r. Nonresidential basements may be allowed below the regulatory flood-protection elevation, provided
404 the basement is protected in accordance with subsection (c�) or (fl
405 of this section.
406
��7 �C�� Allareacnf,,.,,,ro�:ae....-:_�_�__�. � , .. .
etavahon shall be structurally dry floodproofed in accordance with the FP-I�or FP-�
classifications in the state building code. This shall require making the structure watartight, with the walls
substantiaily impexmeabie to the passage of water and with shuctural compottents having the capabiliTy of
resisYing hydrostatic and hydrodynamic Ioads and the effects of buoyancy. Structures floodproofed to the
FP-3 or FP-4 classification shall not be permitted.
,. . ---w_ ............... a.
BLL$}tfi Pfj'iiim o i ci17 xr—art
- - �- ----r `� "�` y [With §65.222(3} deIeted, placement of>1000 yards
of fill is no longer a condirional use and this paragraph is no longer appropriate. This para�raph is not a state or federal
requirement, and placement of fill receives adequate review and regularion through the City's site plan review requirements.]
-- a___ . ...� i...vuyi��c
[Once an area is protecfed by a certified dike, levee or floodwall it is removed from the regulytory floodplain and is no longer
in the RC2 Flood Fringe District. Therefore, this pazao aph is redundant.]
?7 (d6} Sforage ofmaterial and equipment shatl be subject to the following:
�g
?9 {1)� Storage ofmaterials or equzpmen[, inciuding materials that are flammable, explosive or potentially
'� injurious to human, animal or plant life may be aliowed if:
�1
� a�-. Readily removable from the azea within the time available after a flood warning system and in
3 accordance with a plan approved by the plaimuig commission; or
4
b�. Floodproofed according to the Sstate Bbuilding Ceode; or
Page 10 •
�3•'Z41
ove the regulatory flood protection elevation by altemative methods which meeY the
ts �section (a'r) above; or
� .[Once an area is protected by a certified dike, lecee of floodwall
4omthe reaulatory floodplain and is no longer in the RC2 Flood Fringe Dishict, so this provision
iterials maybe allowedprovided an erosionlsedimentation controlplan is submitted
:ifies methods to be used to stabilize the materials on site for a regional flood event.
- prepared and certified by a registered professional engineer or other qualified
ible to the planning commission.
dirion ormodification to existing sewage treatmentplants shall be perxnittedwithin
�ergency plans and procedures for action to be taken in the event of flooding are
approved by the Minnesota Pollution Control Agency. The emergency plans and
° for measures to prevent introduction of any pollutant or toxic materials into the
;eney 1�Iariagement Agency has a Conditional lett8r of MaR Revision=Fi11
�arcels of land elevated by fill #o (1%0� chance ffood elevatiop,_the
�ns sub�ect to fhe provisxons o€tTi� arc�x�rauce A sYtuctuze inay'jae placed on the
h fhe-Tawes� �1`oor beloiv;fhe regrzlatory;flood prote6tion elevafion.provided the
��ovLStoils'
�rrion ofa stmcture that zs-belaw #he regulatory floodproteei�au eIevation sfia�l l�e
�ace;o�.€orstoiaeeof`ariviirn»ei-ro>{m2ra�.�=i� •-�:... . , _:_ . ,
;n coi�tacte"cI by floc
`ving,'sfeepiii�;"ea�in
�•dry or utility.space;
ion tfie �raseinent iIoor may:be plaaed belbw the regulatory
vation spb�ect to the followuig standards:
a immedi2�e floor above any liasemer�t area shalI be placed at or above the
�d ptotection elevation.
° shvcture placed,beIow the,regulatary flood protecEiori elevation shall mee`t the
�afe From Flooding" standard's in the �'edezal EmergencX Management.Agency
carion enfitled �Ezzcunng thdt Siructures Build on FiZl3n or Near SpeciEzl Flood
Are ReasonabZV Sa�e F'ro/n F7obdirig, Teohnfcal BuIletin 1 Q-O 1, a cdpy'of�vhich
ated by reference and made garE af this oxdinance. In accardance wifh the
Page I1
•
477
478
479
480
481
482
483
484
485
486
487
488
489
provisions of fhis ordinance; ax�d specifically sectign 68.504(g), �iie applicant shall sub
documentation that fihe sirncture is desi�ned aud btultin accordance wifh either flie "Simp}ifi�
.4pproach" or "Engineeied Basement'Option" found urPE11%�l Technical Birlletia-10,01.
a If the ground surrouncEing tfie lo�est ac}jacesit grac�e to�the sfructure-is not at or above the
regiilatory flood protection elevation,_the� aiay.:portian af the s�ettu�a that is below fhe
regulafory flood protection elevation must be #loodproofed consisfent,with any of the FP-1
through FP-4 floodproofing cFassifications faund iii the S#ate Btuldmg C,ode.
jThis added language provides for such tlungs as the imderground parking for the Upper Landing project with language that is
consistent with FEMA standazds.]
(C.F. No. 91-531, § 17, 5-6-93; C.F. No. 95-114Q § 8, 10-IS-95)
490 Sec. 685.225. Standards for all I2C2 Flood Fringe uses.
,.__4..�??_...
492 � — ---
493 �
494 (a�) Tlehicularaccess. Ail newprincipaI structures must have vehicular access at or above an elevation not more
495 than two (2) feet below the regulatory flood protection elevation. If a modification to this requirement is
�96 granted,theplanningcommissionmustspecifyliruitationsontheperiodofuseoroccupancyoftheshucture
�97 for times of flooding and only after determining that adequate flood waming time and local floo3 emergency
�98 response procedures exist.
399
i00 (b�) Commercial uses. Accessory land uses, such as yazds, railroad tracks and parking lots may be at elevations"
i01 lower than the regulatory flood protection elevation. However, a pernut far such facilities to be used bythe
�02 employees or the general public shall not be granted in the absence of a flood waming system that provides
� 03 adequate time for evacuation if the azea would be inundated to a depth greater than two (2) feet or be subj ect
�04 to flood velocities greater than four (4) feet per second upon occurrence of the regional flood.
�OS
06 (c3) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant
�7 operations. Certain accessory land uses such as yards and parking lots may be at Iower elevalion subject to
08 requirements set out in subdivision (2) above. In considering permit applications, due consideration shall
09 be given to needs of an indnstry whose business requires that it be located in floodplain areas.
10
11 (d�) Standards pertaining to fzll. Fill shall be properly compacted and the slopes shall be properly protected by
12 the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management
13 Agency (FEMA) has estabIished criteria for removing the special flood hazazd area desi�ation for certain
14 structures properly elevated on fill above the �96�+ear-one perceuf (1%}ehanee flood elevation. FEMA's
1� requirements incorporate specific fill compaction and side slope protection standards for mulfistructure or
16 multilot developments. These standards should be investigated prior to the initiation of site preparation if
17 a change of special flood hazard azea designation will be requested.
L8
Page 12 •
r�3-2�i-�
si9 �es�
5�
�
5
523 (f6)
524
525
526
DeveZopments not to affect hydraulic capacities. Floodplain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining floodplain of any tributarywatercourse or drainage system
where a floodway or other encroachment limit has not been specified on the official zoning map.
Manufactured homes. Manufactured homes must meet all the density, setback and other requirements for
residentiai use ofthe zoning code and a11 requirements ofthe housing and building code. Trazrel trailers shall
not be used for living quarters.
527 (g�) Pollution of water-s. No use sha11 be permitted which is likely to cause pollution of waters, as defined in
SZ$ Minnesota Statutes, Section ll5.01, unless adequate safeguazds, approved by the state pollution control
529 agency, are provided.
530
531 (C.F. No. 91-531, § 18, 5-6-93; C.F. No. 95-ll40, § 8, 10-18-95)
S32
533
�34
>35
Division 3. 685.230. RC=3 River Corridor Urban Open �verlay District
i36 Sec.685.231.Intent.
>37
i38 It is intended that lands and waters within this disYrict shall be managed to conserve and protect the existing and
�39 potential recreational, scenic, natural and historic resources. Open space provided in the open river corridor is for
�40 public use and the protection of unique nahual and scenic resources. The existing transportation role of the river
�41 in this district will be protected.
4 �� No. 95-1140, § 8, 10-18-95)
4
44 Sec. 685.232. �t iaei1m} Permi;tfei} uses �crmitt��,
45
46 In the an RC=3 River CorridorUrban Open overlay district, use ofthe land, location and erection ofnew buildings
47 or structures, and the alteration, enlargement and moving of existing buildings or structures from other locations
48 or districts shall conform to those specified uses and standards of the corresponding underlying dishict as
49 established in section 60.303} to the extent that they are not prohibited by any otherprovision ofthe zoning code.
50 In addition, permitted uses shall be subject to the following applicable standazds and those in section 685.400 et
51 seq.
)2 (C.F. No. 95-114Q § 8, 10-18-95)
i3
i4 Sec. 685.233. Standards for prineipxl uses in the RC3 Urban Open District.
i5
i6 (a) Development sha11 be limited to forty (40) feet in height.
�7
'8 (b) The development of new and expansion of existing conunercial and industrial uses shall only be on lands
� which aze on the landward side of blufflines.
�0
Page 13
�
561 (c) Mining and exhaction operations shall not be permitted. •
562
563 (d) No use shali be pernutted which is likely To cause pollution of water, as defined in IVlinnesota Sfatutes,
564 Section ll 5.01, unless adequate safeguards, approved by the state pollution control agency, aze provided.
565 (Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 36, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
566
567 Sec. 6&5.234. �'rineqr�Conditional uses
568 '
569 (a) �rmeip�t Cbndifional uses � ' � �' are those specified by the corresponding
570 underlying district as established in section 603Q3� to the extent that they aze not prohibited by any other
571 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedintheconespondingunderlyingdistrict
572 section and to those specified in sections 685.233 and 685.400 et seq.
573
574 (b) Such uses will be permitted only upon application and issuance of a speei�at conditionat use permit by the
�'� -- – --- - —
576 (Ord. No. 17646, § 9, 4-6-89; C.F. No. 95-I140, § S, 10-18-95) ��
5?7
578 Division 4. 685.240. RC=4 River Corridor Urban Diversified Overlay District
579
580 Sec. 685.241.Intent.
It is intended that the lands and waters in this district be used and developed to maintain the present divarsity�
commercial, indushial, residential and public uses of the lands, including the existing transportation use of t
river; to protect historical sites and areas, natural scenic and environmental resources; and to expand public access
to and enjoyment of the river. New commercial, industrial, residential and other uses are permitted if they aze
compatib2e with these goals.
(C.F. No. 95-1140, § 8, 10-18-95)
Sec. 685.242. �'rinei�a}uses uses.
In the an RC=4 River Comdor Urban Diversified overlay district, use of the land, location and erection of new
buildings or structures and the alteration, enlargement and moving of existing buildings or structures from other
locations or dish shall conform to those specified uses and standards of the corresponding underlying district
as established in section 60303� to the extent that they aze not prohibited by any other provision of the zoning
code. In addition, permitted uses shall be subject to the standards specified in section 685.400 et seq.
(C.F. No. 95-1140, § 8, 10-18-9�)
Sec. 685.243. Standards for primigai�ses uses in the RC4 Urban Divers�ed District.
No use shall be permitted which is likely to cause pollution of waters, as defined in Minnesota Statutes, Section
115.01, unless adequate safeguards, approved by the sfafe poIlution control agency, are provided.
Pa�e 14
•
D3 2h�
603 (C.F. No. 91-531, § 37, 5-6-93; C.F. No. 95-1140, § 8, 10-18-95)
6�
6 . 685.244. 3'rintiga} Conditional uses
60
607 (a) 3'rmeipal Conditional uses are those specified by the conesponding
608 underlying dishict as established in section 60303} to the extent that they aze not prohibited by any other
609 provisionofthezoningcode.Theyaresubjecttostandardsspecifiedinthecorrespondingnnderlyingdistrict
610 section and to those specified in section 685.400 et seq.
611
612 (b) Such uses will be permitted only upon application and issuance of a speeia} conditional use permit by the
613 planning commission.
614 (C.F. No. 91 § 37, � C.F. No. 95 § 8, 10
615
616
617 ARTICLE III. 685.300. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
618
619 Sec. 685.301. Public utilities, railroads, roads and bridges.
620
621 (a)
622
623
624
62�
6
62
628
629
630
631
632
633 (c)
634
Public utzlities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to
be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to
above the regulatory flood protection elevation.
Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall
comply with sections 685.210 and 685.220 of this chapter. Elevation to the regulatory flood protection
elevation may be required by the planning commission where the failure ar 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.
On-site sewage treatment and water supply systems. Where public utilities are not provided:
635 (1) On-site water supply systems must be designed to minimize or eliminate infiltration of floodwaters
636 into the systems; and
637
638 (2} New or replacement on-site sewage treatment systems must be designed to minimize or eliminate
639 infiltration offloodwaters into the systems and discharges from the systems into floodwaters and they
640 shall not be subject to impaiiment ar contamination during times of floodin�.
641
642 Any sewage treahnent system desia ed in accordance with the state's current statewide standazds for on-site
643 sewage treatment systems shall be determined to be in compliance with this section.
Page IS
�
644 (C.F. No. 91-531, § 19, 5-6-93)
645
646 ARTICLE IV. 685.400. RNER CORRIDOR STAI`TDARDS AND CRTI'ERIA
647
648
649 �
�
650 Sec. 685.401.Objectives,
651
652 The obj ecrive of standards and criteria is to maintain the aesthetic inte�ity and nattzral environment of the river
653 corridor in conformance to the St. Paul Mississippi River Corridor Plan byreducing the effects ofpoorlyplanned
654 shoreline and bluffline development; providing sufficient setback for sanitary facilities; preventing pollution of
655 surface and groundwater; minimizin� flood damage; preventing soil eroszon; and implementing metropolitan
656 plans, policies and standazds.
657
�� �_.--__,... ---- ----- - - -
659 - . . . - — - --- _-- -- _ --
660 Sec. 685.4023�. Protection of shorelands, fioodglains, wetlands and bluffs.
561
Generally. Development shall be conducted so that the smallest practical area of land be developed at any
one time and that each area be subjected to as little erosion or flood damage as possible duriug and after
development.
Placement ofstructures:
.
lV •
�
(13) The following minimum setbacks for each class of public waters as described in Minnesota
ReguIations NR-82 shall applyto all structures except those specified as exceptions in subsection (79)
below.
a. For natural environment waters at least rivo hundred (200) feet from the normal high water mark
for lots not served by public sewer and at least one hundred fifty (150) feet from the ordinary
high water mark for lots served by public sewers.
b. For general development waters at least seventy-five (75) feet from the normal high water mazk
for lots not served by public sewer and at least fifty (50) feet from the ordinary high water mark
for lots served by public sewer.
(2�) No commercial or industrial development shall be pemutted on slopes greater than rivelve (12)
percent.
Page 16
•
0 3-��
685
6 � 6
688
689
690
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
70
70
709
710
711
712
713 (c)
�14
�15
�16
'17
'18
'19
'20
'21
, 22
23
'24
25
(3�) No residential development shall be persnitted on slopes greater than eighteen (18) percent.
(4fr) Bluff development shall take place at least foriy (40) feet landward of all blufflines.
(5�) Transportation, utility and other transmission service facilities and corridors shall avoid:
a. Steep slopes;
b. Intrusions into or over streams, valleys and open exposures of water;
c. Intrusions into ridge crests and high points;
d. Creating tunnel vistas;
e. Wetlands;
f. Forests by n,nning along fiinge rather than through them. If necessary, to route through forests,
utilize open areas in order to minimize cutting;
g. Soils susceptible to erosion, which would create sedimentation and pollution problems;
h. Areas of unstable soils which would be subject to extensive slippages;
I. Areas with high water tables; and
j. Open space recreation areas.
(6$) At river crossing points, public facilities, crossing corridors and other rights-of-way shall be
consolidated, so that the smallest area possible is devoted to crossing.
(79) Exceptions:
a. Location ofpiers and docks shall be controlled by applicable state and local regulations.
b. Commercial, industrial or permitted open space uses requiring location on public waters may
be closer to such waters than the setbacks specified in the standazd set out in subsection (3)
above.
Gracling and falling:
(1) A muumum amount of filling shall be allowed when necessary, but in no case shall the following
restrictions on filling be exceeded. Furthermore, fill opportunities shall be fairly apportioned to
riparian landowners. The developer shall evaluate ownership patterns, configuration and the bottom
profile of each wetland basin before fill opportunities are apportioned.
(2) Grading and filling in shoreland areas (when allowable) or any other substantial alteration of the
natural topography shall be controlled in accardance with the following criteria:
a. The smallest amount of bare ground shall be exposed for as short a time as feasitle.
b. Temporary ground cover shall be used.
c. Methods to prevent erosion and trap sediment shall be employed.
Page 17
�
d. Fill shall be stabilized.
��1�\l�Al�l\9�.�
(3�) Only fill free of chemical pollutants and organic wastes shall be used.
�
(45) Total filling shall not cause the total natural flood storage capacity of the wetland to fall below the
natural volume of runoff from the wetland and watershed generated by a 100-year storm, as defined
by the National Weather Service.
(56) Solid waste disposal and landfill shall not be pernutted in the River Corridor District.
738 (6�) Development shall fit existing topography and vegetation with a minimum of clearing and grading.
739
^�� ab� ' tion slo es shall be st � l �
_ __._ _ _ -- ---- --
740 (7$) No reh ihta p eeper than eighteen (18) percent slope.
.,.,
($4) Dredging of a shoreland or wetland shall be allowed only when it will not have adverse effect upon
the wetland. Dredging when allowed shall be lisnited as follows:
a It shall be located in the areas of minimum vegetation.
b. It shall not significantly change the water flow characteristics.
a The size of the dredged area shall be limited to the absolute minimum.
d. Deposit of dredged material shall not result in a change in the current flow, or in deshuction o
vegetation or fish spawning azeas, or in water pollution.
(Ord. No. 17116, 3-22-84; C.F. No. 91-531, § 31, 5-6-93; C.F. A*o. 93-1718, § 88, 12-14-93)
�52 Sec. 685.403iz. Protection of wildlife and vegetation.
�53
'S4 Development shall be conducted so as to avoid intrusion into animal and plant habitats.
'S5
'S6 (ai-) No alterarion of the natural environment or removal of vegetation shall be permitted when such aiteration
'S7 or removal would diminish the ability of dependent wildlife to survive in the River Corridor.
'S8
59 (bZ) No wetland or bluffline vegetation shall be removed or altered except that required for the placement of
60 structures.
61
62 (c3) Clear cutting shall be prohibited except as necessary for placing approved public roads, utilities, structures
63 and pazking azeas.
64
65 (d#) Natural vegetation shall be restored after any construction project.
66
Page 18 �
� 3 z¢�
�6� ��>
7� 7 )
770
771
772
Watering areas necessary for plant survivai shall be maintained or provided.
Development shall not cause extreme fluctuarions ofwater levels orunnaturai changes inwatertemperature,
water quality, water currents or movements which may have an adverse impact on endangered or unique
species of birds or wildlife.
773 Sec. 685.404is. Protection of water quality.
774
775 (a) General?y. Development shall occur so that surface and subsurface water is not adversely affected by
776 contaminants. Water quality should meet or exceed state standards.
777
778 (b) Contamination:
779
7$0
781
782
783
784
785
786
787
788
7 � 7
191
792
793
794
795
�96
l97
'98
'99
�00
�O1
02 (c)
03
04
OS
06
07
(1) Development shall not be permitted on wet soils, very shallow soils, soils with high shrink-sweli or
frost acfion potential unless it is shown that appropriate construction techniques capable of
overcoming the restrictive condition will be utilized.
(2) Septic tanks and soil absoiption systems shall not be permitted where public sewer systems are
available. In areas where public sewers aze not available, system shall be set back from the normal
high water mark in accordance with the class ofpublic waters as prescribed in Minnesota Regulations
NR-82:
a.
�
On natural environment waters, at least one hundred fifty (150) feet.
On general development waters, at least fifty (50) feet.
(3) Private wells shall be placed in azeas not subject to flooding and up slope from any source of
contamination. Wells alreadyexisting in areas subject to flooding shall be floodproofed in accordance
with accepted engineering standazds as defined in the Uniform State Building Code.
(4) Commercial or industrial land uses requiring the storage orproduction ofmaterials or wastes that may
create a pollution hazard for groundwater or surface water shall be prohibited unless the quality of
both the groundwater and surface waters can conform to all applicable state and federal standards,
criteria, rules and regulations.
Runoff.•
(1) The phases of development shall be planned so that only areas which are activelybeing developed aze
exposed. Other areas shall have cover of vegetation or mulch.
(Z) Natural vegetation in shoreland and bluff azeas shall be preserved to retard surface runoff and soil
Page 19
�
808
809
810
811
812
813
814
815
816
817
818
819
erosion and to utilize excess nutrients.
�
(3) Sediment shall be retained within the development site area either by filtering runoff as it flows
through the development area or by detaining sediment-Iaden runoff in a sediment basin so that the
soil particles settle out.
(4) Water released to a drainage system shall be directed in such a manner as to travel over natural areas
rather than across established surfaces.
(5) Stormwater runoff may be directed to wetlands only when free of silt, debris and chemical pollutants
and only at rates which will not disturb vegetation or increase turbidity.
820 (6) Development which takes place near slopes greater than twelve (12) percent shall not result in
_821 increased r unoff onto those slopes sufficient to damage vegetation ar structures thereon.
823
824
825
826
827
828
829
330
331
(7) Plans sha11 be submitted to the plaiuiing commission for any development placed landward from
dikes, floodwaIls or Ievees which is below the flood protection elevation of the dikes, floodwalls or
levees. The plans must provide measures to ensure that floodwaters do not back up onto the
development from stormwater drainage systems.
(C.F. No. 91-531, § 21, 5-6-93)
.. . 11 ' •..•
s. . : ... . ._. � � � � � �
332 Sec. 685.501. Application.
333
334
335
336
337
338
�39
;40
�41
�42
;43
�44
45
46
47
48
,
.� .. ��
� .(Thisisalreadycovered
in exisring sec. 64.300/new sec. 61.500.] Applications for condifional use pernuts shall be submitted and reviewed
according to the provisions in section 64300. trrtl+�nt9 ,� .ti ___ ___•.,_ _
� a wg
• � �, The planning administrator shall determine
whether to require any or all of the following six (6) items of information to be supplied by the applicant as a
prerequisite to the consideration of the application:
(a-�) Pians in triplicafe drawn to scale, prepared by and si�ed by a registered engineer, azchitect and/or land
surveyor as applicable, showing the nature, location, dimensions and elevation ofthe Iand; existing surface
contours, structures, streets and utilities; proposed surface contours, structures, fill and the location and
elevations of proposed streets, �vater supply, sanitary facilities and other utilities showing the relationship
of the above to the channel and to the designated River Corridor District limits.
Page 20
�
o3�ta�
849 (b�)
8 � 8
852 (c3)
853
854
855 (d�)
856
857
858
Specifications for building construction and materials, floodproofing, filling, dredging, grading channel
improvements, storage of materials, water supply and sanitary facilities.
Typical valley cross-sections of azeas to be occupied by the proposed development showing the cliaunel of
the stream, elevation of land azeas, high water information, vegetarion and soil types.
Plan (surface view) of the proposed development showing the proposed use or uses of the area and
structures and providing location, relationships and spatial arrangements ofthose uses and related structures
to pertinent elevations, fill, storage location, utilities and other feahues.
859 (e5) Profile showing the slope of the bottom of the channel and flow lines of the stream.
860
861 (f6) A written evaluation by a registered engineer or other expert person or agency of the proposed project in
862 relationship to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of
863 plans for flood protection and other technical matters.
864 (C.F. No. 91-531, § 23, 5-6-93; C.F. No. 95-1444, § 5, 1-17-96)
865
866 Sec. 685.502. Other perznits.
867
868 Applicable speeia} conditionaI use pernuts for lands in the designated River Corridor Dish must be obtained
869 prior to application for ail other permits required by law and ordinance. ��amng-and-Speesa} Conditionat use
570 pexmits for River Corridor areas are supplementary to other zoning and building permits.
37 F. No. 95-1444, § 5, 1-17-96)
3
37 ec. 685.503. Factors considered.
374
375 In, addition to;tha gerieral sfar�dards and requirements in segtion;61i500 and a11 ot}�ar relepant factais�spec}fied
376 in 6ttiier sections=of 2his .cliapter, in ceviewing � conditional use permit applications, the
377 planning commission or planning administrator shall consider }� � +-� r `';�n
378 tixse}raptera�the follocvixig :
>79
>80 (a�) The relationship of the proposed use to the comprehensive plan and floodplain management pro�am for
>81 the city.
!82
�83 (b�) The importance of the services provided by the proposed facility to the community.
�84
85
86 � [Thisduplicateswhatisalreadyinthegeneralstandardsforcondirionaluseperxnitsinsection64300(d).]
87
88 (c#) The ability of the existing topography, soils and geology to support and accommodate the proposed use.
84
Page 21
�
890 (d5) The compatibility of the proposed use with existing characYeristics of bio2ogic and other na�
891 communities.
892
893 (e5) The proposed water supply and sanitation systems and the ability of those systems to prevent disease,
894 contamination and unsanitary conditions.
895
896 (f�) The requirements of the facility for a river-dependent location, if applicable.
897
898 (g$) The safety of access to the property for ordinary vehicles.
894
900 (h9) The suscepfibility of the proposed facility and its contents to flood damage and the effect of such damage
901 on the individual owner.
902
•'y .....� �- ..,. " 9.t'a" e = . . 3 :3_q" ='�e� e : a: B ' ' "�
. . � er000 ""� 3 _" '"' .i 'p-��e
�, — _� �. �
905 (ji�) The expected heights, velocity, durafion, rate ofrise, and sediment transport of the floodwaters expected
906 at the site.
907
908 (ki�)The danger that materials may be swept onto other lands or downstream to the injury of others.
�09
310 (li3) The availability of alternative locations or configurations for the proposed use.
�11
�12 (mi other factors as are relevant to the purposes of this chapter.
)13 (C.F. No. 95-1444, § 5, 1-17-96)
)14
�15 See: GS�g�
)I6
�17
>18
>19
>20
�21
�22
�23
�24
�
�I
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Page 22 �
03 •�.�4i
931 .� . - , , - -
9
93 . ". . .
934
935 ' 'o 'b
936
937 . � . - - - . . . - - _ _ . .
938 (Deleted text on hearings, decisions, permits and appeals duplicates text already in Chapter 64 Administration.]
939
940 .�. . .[Moved to sec. 68.902 Administrarion.]
941
942 Sec. 68�.504$. Conditions imposed.
943
944 The planning commission or planning administrator may attach such conditions to the granting of speeia}
945 conditional use permits as each deems necessary to fulfill the purposes of this chapter. Such conditions may
946 include, but are not limited to, the following:
947
948 (a�) Modifications of design, site planning or site treahnent.
949
950 (b�) Requirements for implementation of erosion and sediment control, vegetation management, wildlife
951 management and other protective measures.
952
9�) Modifications of waste disposal and water supply facilities or operations.
9
955 (d�) Limitataons on period of use and operation, a flood warning system and an evacuation plan.
956
957 (e5) Imposition of operational controls, sureties and deed resh
958
959 (f6) Requirements for construction of channel improvements, modifications, dredging, dikes, levees and other
960 protective measures.
961
962 (g�) Floodproofing measures shall be desi�ed consistent with state-established floodproofing standazds and
963 withthefloodprotectionelevationfortheparticulazazeaincludingfloodvelocities,durationandrateofrise,
964 hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The
965 comxnissionshallrequirethattheapplicantsubmitaplanordocumentscertifiedbyaregisteredprofessional
966 engineer or architect that the floodproofing measures are consistent with the regulatory flood elevarion and
967 associated flood factors for the particular azea. The floodproofmg measures that may be required include,
968 but are not limited to, the following:
969
970 (1)� Anchorage to resist flotation and lateral movement.
971
972 (2)�r. InstaIlation of watertight doors, bulkheads and shutters, or similaz methods of construction.
Page 23
�
973
974
975
976
977
978
979
980
981
982
983
984
985
(3)� Reinforcement of walls to resist water pressure.
(4�: Use of paints, membranes or mortars to reduce seepage of water through walls.
(5)� Addition of mass or weight to struchxres to resist flotation.
(6)� Installation of pumps to lower water levels in structures.
.
(7)g. Construction of water supply and waste treatment systems to prevent the entrance of floodwaters.
(8)�r. Installation ofpumping faciIities or comparable practice for subsurface drainage systems for buildings
to relieve external foundation wall and basement floor pressures.
�9$b _,__._(9_ �Co,nSlz�ct�o. u.to �e.,sist ru_pture o r collagse caused�water. pressure or floating debris.
987 --- —
•::
.;
..�
..
.
..
d•
r'
�•.
:•
r•':
�..
11
(10)j- Installation of valves or controls on sanitary and sto:m drainage �vhich will permit the drains to
be closed to prevent backup of sewage and stormwaters into the buildings or struchzres. Gravity
draining of basements may be eluninated by mechanical devices.
(1 I)l� Locarion of all electrical eqnipment, circuits and installed elechical appliances such that they
are not subject to the regional flood.
(12)i: Location of any structural storage facilities for chemicals, explosives, buoyant material�
flammable liquids or other toxic materials, which could be hazardous to public health, safety and
welfare, above the flood protection elevation or provision of adequate floodproofing to prevent
flotation of or damage to starage conTainers which could result in the escape of toxic materials
into floodwaters.
1001(h $) Specifications for building construction and materials, filling and grading, water supply, sanitary facilities,
1002 utiliries and other work or construction to be submitted to the city division of housing and buildin� code
1003 enforcement for review and approval prior to any development.
1004(Ord. No. 17116, 3-22-84; C.F. No. 95-1444, § 5, 1-17-96)
1005
1006 °-- .«.,,. ,.._.°_ °__-----�
.,..... ��.�.,�. �..,�...e [Moved to sec. 68.903.)
1007
1008
1009
1010
.. � .
- - -.. .�. -- - ': • .:. .�...:,:,+,
1011 . . . .
1 �12Editor's note—Section 65.600, pertaining to appeals on floodplain matters and derived presumably from provisions enacted durin�
1013the 1987 republication, was repealed by C.F. No. 91-531, § 25, adopted May 6, 1993.
Page 24 �
03.24-�
l�ec. 683.6501. Variances �1�oas.
1
1 a) Applications for variauce to the provisions of this
1017 chapter may be filed as_provided in secfion 61.600.
1018
1019 . The burden of
>�
1020 proof shall rest with the applicant to demonsh conclusicely that such variance
1021 n�san will not result in a hazard to life or property and will not adversely affect the safety, use or
1022 stabiliry of a public way, slope or drainage channel, or the natural environment; such proof may include
1023 soils, geology and hydrology reports which shall be signed by registered professional engineers.
1024 Variances shall be consistent with the general purposes
1025 of the standazds contained in this chapter and state law and the intent of applicable state and national laws
1026 and programs. Although dariances n�x�s may be used to modify permissible methods of flood
1 �27 protection, no variance �c�an shall have the effect of allowing in any district uses prohibited in that
1028 district, permit a lower degree of flood protection than the flood protection elevation for the particular area,
1029 or permit a lesser degree of flood protection than required by state law.
1030
1031
� � . [These last two
1032 sentences just duplicate lana age already in Chapter 64 Administrarion. The change to the fust part of this paragraph would
1033 result in variances to this chapter being considered under the noru�al process and state requ'ued findings for variances contained
1034 in existing sec. 64.203, and granted either by the Board of Zoning Appeals or by the Planning Commission if related to other
1035 pernuts being considered by the Planning Commission at the same time.]
1
1
10
1039
1040
1041
1042
1043
1044
Notwithstanding any other provision ofthis river corridor code, n�ifreafis�is variapces may be �anted for
the repair or rehabilitation o£ historic structures upon a determination thaf the repair or rehabilitation will
not preclude the structure's continued designation as a historic str(�cture, the madifteatian vaxia�ice is the
minimum necessary to preserve the historic character and design of the structure and the repair or
rehabilitation will not cause an sig�rifie�xE increase in the height of the regional flood or"inerea�e the flood
CIa121agepOterihalof�lestmCtuT�. [ThischangeistomeetcurrentNationalFloodlnsuranceProgramstaudazdsasrequued
to maintain St. Paul's eligibility in the Nafional Flood Insurance Program.]
1 - :.. : ... • . . .: . . .. � : . . . . .. : ..
1 � -. - � n :.� -: -. ., -� . - - - i:. : -•.� � . : � . _
� 'i� 'i - - 'i��i i' i -*�:� � ii •� - - •' i"i i - i � - i -
��� i n: -- i• "_ .0 i i: - i -�- i �-� �
� � • r � i� • • • ' � • • • '
�
�
� _
ARTICLE VII�. 685.9700. NONCONFORMING STRUCTURES
1053
1054Sec. 685.97019. Floodplain nonconforming structures.
1055
� �,
u
Page 25
1056Nonconforming use of structures and land and nonwnformin� structures shall be subj ect to the regulations in
1057section as well as provisions of $�etian Chapter 62.i$2 Noncorzfor�ming Lofs, Uses and Structures.
1058 ' . A structure which was lawful before the passage or amendment of this chapter but
1059which is not in conformity with the provisions of this chapter may be continued subject to the following
1060conditions:
1061
1062(ar) No s�ucture shall be expanded, changed, enlazged or altered in a way which increases its nonconformity.
1063
1064(b.-) Any alteration or addiYion to a nonconfornung structure which would result in increasing the flood damage
1065 potential ofthat str�ucture oruse shall be protected to the regulatoryfloodprotection elevation in accordance
1066 with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4, floodproofmg
1067 classifications) allowable in the state building code, except as fuLther restricted in subsection c. below.
1068
��6-��--'��1�••��e��a�1i^s�EY��}Fa.�_?lk°��.:,..,� ., ---.7,7: � fi � ^ �_�E� '.c3,,,i, �------- ° a-��-� '�'��'.�
1070 structure shall not exceed fifty (50) percent ofthe market value ofthe structure unless the conditions ofthis
1071 section are satisfied. The cost of atl stnzctural alterations and additions constructed since 7anuary 28, 1982,
1072 must be calculated into toda 's cu t hi h'll '
1073
1074
1075
1076
1077
1078(d.-)
1079
1080
1081
1082
I083
1084
1085
y rten cost w c wi mclude all costs such as conshuchon materials and
a reasonable cost placed on a11 manpower or labor. Tf the current cost of all previous and proposed
alterations and addirions exceeds fifty (50) percent of the cunent mazket value of the structure, then the
structure must meet the standazds of Section 6$5.210 or 685.220 of this chapter for new stnxctures
depending upon whether the structure is in the floodway or flood fringe, respectively.
When the use of a nonconforming struchue is discontinued or ceases to exist far three hundred sixty-fiv�
(365) days, the nonconforming structure shall not thereafter be reused unril the nonconfornung is made
conforming to the flood protection measures of this chapter, Unless the plarmiug conunission, pursuant to
a public hearing, finds that the nonconforming structure cannot reasonable or economically be made into
a conforming structure and that reuse of the nonconforming structure is consistent with the public health,
safety, morals and general welfare of the community and is consistent with the reasonable use and
enjoyment of adjacent property.
1086(e:) If any nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50)
L087 percent or more of its market value at the time of destruction, it sha11 nof be reconstructed except in
1088 confornuty with the provisions of this chapter. The applicable provisions for establishing new structuzes
t 089 in Section 685.210 or 68�.220 will apply depending upon whether the strucYure is in The f�oodway or flood
1090 fi respectively.
1091
�092(C.F. No. 91-53I, § 29, 5-6-93}
1093
'.094 . . .
095 ' • [Moved to sec. 65.802.]
096
Pa�e 26 •
0 3 .24i
��
i
10 ec.685.�8018.
1100
1101(a)
1102
1103
1104
1105
1106
1107
t�TicL� vaz. 6a>.�soo. �rm�Nrs
Amendments.
All amendments shall be made in the manner set forth in Nliim.esota Statutes, Section 462357. The
floodplain designations established by this chapter shall not be removed from floodplain azeas unless it can
be shown that the desi�arion is in error or that the azeas are filled to an elevation at or above the flood
protection elevation and are contia ous to other lands lying outside the floodplain district. Special
exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that,
throu;h other measure, lands aze adequately protected for the intended use.
1108(b) All amendments to this chapter, including amendments to the River Corridor Overlay Dishicts maps, must
1109 be submitted to and approved by the Commissioner ofNatural Resources prior to adopfion. Changes to the
1110 - - flood plain boundazies must meet the Federal Emergency Management Agency's
1111 (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The
1 ll 2 Commissioner of Natural Resources must be given ten (10) days' written notice of all hearings to consider
1 ll 3 an amendment to this chapter and such notice shall include a draft ofthe ardinance amendment or technical
1114 study under consideration.
1 ll5(C.F. No. 91-531, § 27, 5-6-93)
1116
1117Sec. 685.95802. Areas protected by dikes, levies and floodwalls.
1118
1�eas which the Federal Emergency Management Agency has removed from the floodplain through a revision
1 the flood insurance rate map or a letter of map revision because the areas are protected by a dike, leyee or
1121floodwall shall be exempt from the flood protection regulations of this code aft� said FEMt�a�f�on-has been
1122adopted as.a formal amendinenf to this ardinance.
1123(C.F. No. 91531, § 30, 5-6-93)
1124
1125
1126
1127
ARTICLE �ffiX. 685.$900. ADMINISTRATION
11285ec. 685.$9019. Administration.
1129
1130(a) Record of elevation of lowest floor and floodproofing. The zoning administrator shall maintain a record of
1131 the elevation of the lowest floor (including basement) of all new structures, altered structures� or additions
1132 to existin� structures in the floodplain. The zoning administrator shall also maintain a record of the
1133 elevation to which all new structures and alterations or additions to structures ue floodproofed.
1134
1135(b) State and federat permits. Applicants for special condition use permits, modifications and site plan review
1136 approval aze responsible for obtaining all necessary state and federai perruits.
1137
Page 27
•
1138(c) Warning and disclaimer of Ziability. This chapter does not imply that areas outside the floodplain distri�
1139 or land uses permitted within such dishicts will be free from flooding or flood damages. This chapter sh
1140 not create liability on the part of the City of Saint Paul or any officer or employee thereof for any flood
1141 damages that resutt from reliance on this chapter or any administrative decision lawfully made thereunder.
1142
1143(d) Severability. If any section, clause, provision or portion of this chapter is adjudged unconsfihztional or
ll44 invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
1145(C.F. No. 91-531, § 28, 5-6-93)
1146
1147Sec. 68.902. fi5:58� Notify commissioner of natural resources.
1148
1149A copy of the application for � a conditiona� use pernut or variance shall be submitted to the
1150commissioner of natural resources sufficiently in advance so that the commissioner will receive at least ten (10)
�f5 a� rce o - e�ub op,"�a�E�ef�'n ' b �sa�ns�l�l.b�. _�...�
1152forwarded to the commissioner of natural resources within ten (10) days of such action. ,
1153(C.F. No. 95-1444, § 5, 1-17-96)
1154
1155Sec. 68.903. fi5:59� Notice of increased insurance costs.
1I56
ll 57 Applicants �ha-propase for a conditional use permit:oi�variance to
1158conshuct a struchzre, , below the regulatory flood protection elevation�s
1159 � ' . , �hall �be notified that �1) �the issuance of a speeia� conditioiial
1160permit or variance to construct a structure below the regulatory flood protection elevation � may result�
1161 increased premium rates far flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred
1162dollars ($100.00) of insurance covera.ge; and f 2) �such construction below the red latory flood protection
2163elevation increases risks to life and property. Such noti&cation shall be maintained with a record of Yhe speei�
1164conditional use permit or variance. The planning or zoning administrator shall report such speeia� conditional use
1165pernuts or variances issued in the biennial report submitted to the administratar of the National Flood Insurance
1166Program.
1167(C.F. No. 91-531, § 24, 5-6-93; C.P. No. 95-1444, § 5, 1-17-96)
1168
1169
1170
1171
1172
1173
1174
1175
1276
1177
1178
1179
Page 28 .
8 3 •Z4i
iiso
1 � Section 3.
1
118� s ordinance shall become effective thiriy (30) days after its passage, approval, and publication.
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195 •
1196
1197
1198
1199
1200
1201
1�
1
1
1205
1206
1207
1208
1209
1210
1211
121^
Requested by Department of:
Planninq & Economic Development
Approved by Financial Services
Adopted by Council: Bate
Adoption Certified by Council Secretary
�pproved by Mayor: Date
FOTm
Aoproved by
by City Attorney
By:
�i
29 -