10-277Amended 4/07/2010
Presented
by
ORDINANCE
CITI! OF SAINT PAUL, MINNESOTA
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Council File # 10-277
Green Sheet # 3102156
Floodplain Management Regulations
An ordinance amending the Legislative Code Chapter 72, Floodplain Management
Regulations, by deleting out-of-date floodplain management regulations and updating
the Flood Insurance Rate Map and floodplain regulations to comply with the rules and
regulahons of the Nahonal Flood Insurance Program; and amending Chapter 60,
Article II, General Defimtions, and § 60.304, District boundazies interpreted.
WFIEREAS, on December 4, 2009, the Federal Emergency Management Agency (FEMA) notified the City that
they had completed a Flood Insurance Study (FIS) for Ramsey County, updating the current Flood Insurance Rate
Map (FIRM) for St. Paul dated Apnl 2, 2003; that FEMA has addressed all comments received on the Preliminary
FIS and FIRM they released on September 30, 2008; and that the new FIS and FIRM for St. Paul and Ramsey
County will become effective on June 4, 2010; and
14 WFIEREAS, FEMA requires, as a condirion of contmued eligibility in the National Flood Insurance Program, that
15 the City must now adopt the new FIS and FIRM along with revisions to C�ty floodplain regulations to meet current
16 FEMA standards by June 4, 2010; and
17 WHEREAS, Minnesota Rules and § 68.801 of the Zonmg Code require approval by the Comm�ssioner of Natural
18 Resources prior to adophon of amendments to floodplain regulations; and
19 WHEREAS, the amendments to the floodplain management regulations l�ave been drafted wrth the assistance of
2 0 staff at the Minnesota Department of Natural Resources, based on a Minnesota model floodplain management
21 ordinance, to meet current FEMA standards; and
2 2 WAEREAS, on February 16, 2010, the Minnesota Department of Natural Resources (DNR) nohfied the City that
2 3 the draft floodplain management amendments ordinance is in compliance with Statewide Standards and Criteria for
24 Management ofFloodplain Areas ofMinnesota, Minnesota Rules, parts 6120.5000 to 6L0.6200, and that the DNR
25 conditionally approves the draft ordinance subject to receipt by the DNR of three certified copies of the adopted
2 6 ordinance amendments along with a signed and completed "Ordinance Certification Checklist;" and
2 7 WHEREAS, the Planning Commission conducted a pubhc hearing on the floodplain management amendments on
28 March 26, 2010, notice of which was published in the Legal Ledger and mailed to the City's Early Notificat�on
2 9 System, and the City Council has received the Planning Commission recommendation on the amendments; and
3 0 WHEREAS, floodplain regulations are currently intertwmed with Cntical Area regulations in Chapter 68, River
31 Comdor Dish of the Zoning Code, which has been the source of some confusion; and
3 2 WHEREAS, DNR staff mvolved with admimstration of both floodplain management and Mississippi R�ver corridor
3 3 cr�hcal area programs recommend separahon of the two sets of regulations; and
34 WHEREAS, the Mississipp� River Corridor Cnhcal Area Task Force and the Planning Commission have also
3 5 recommended sepazation of the rivo sets of regulations; and
3 6 WHEREAS, an ordinance to separate floodplain management regulations from Critical Area regularions in Chapter
3 7 68 is not ready for adoption prior to the June 4, 2010, deadline for this floodplain management ordinance to be in
3 8 effect; and
3 9 WHEREAS, the City Council conducted a public hearing on the floodplain management regulation amendments on
4 0 April 7, 2010, at which all interested parties were given an opportunity to be heard, notice of which was published in
41 the Legal Ledger and was mailed to the City's Early Nottfication System; and
4 2 WAEREAS, the City Council has considered all the facts and recommendations concerning the amendments;
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4 3 THE COL'NCIL OF TI�E CITY OF SAINT PAUL DOES ORDALN:
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Section 1
4 7 That Legislative Code Chapter 72, Floodplain Management Regulations, is hereby amended as follows:
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49 Chapter 72. Floodplain Management ��eg��aEieas Overlay Districts
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S 8 ARTICLE I. 72.10. GENERAL PROVISIONS AND DEFINITIONS
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90 Sec. 72.11. Authoritv, intent and ourpose.
91 �) Statutorv authorization and �urpose This chapter is enacted pursuant to the authorit�granted to the
92 municipalitv in Minnesota Statutes Chapter 103F, which deleQates responsibilitv to local eovernment units to
93 adopt reeulations desi¢ned to minimize flood losses. It is the �urpose of this chanter to euide floodplain
94 development in order to lessen the adverse effects of floods and to minimize loss of life, threats to health. and
95 rorivate and �ublic economic loss caused bv floodin¢.
96 �b) National Flood Insurance Proeram compliance. This chapter is adouted to comulv with the rules and
9 7 requlations of the Narional Flood Insurance Program codified as 44 Code of Federal Reeulations Parts 59 -78,
9 8 as amended, so as to maintain the community's eli¢ibility in the National Flood Insurance Proeram
9 9 Sec. 72.12. Annlicabilitv, other local, re2ional, state, and federal re¢ulations.
10 0(a) In addition to the requirements of tbis chapter, all uses and development shall be subiect to all other�olicable
101 local, reeional, state, and federal oermrts and reeulations. Applicants for cit�permits and �uroval aze
102 resnonsible for obtainme all other necessarypermrts.
10 3(b) For anv develonment apolication received on or after the effective date of this ordinance, to the extent that the
104 develooment application reauires conformance wrth crtv regulations oertainm� to floodplain management, it is
10 5 the citv's specific intent that the floodplain management reeulations set forth under this chauter shall control
106 and otherwise take precedence over any reQUlation set forth in chanter 68, River Corridor Overla�Aistricts
10 7 that pertains to floodplam manaQement.
10 8 Sec. 72.13. Warnine and disclaimer of liabilitv.
10 9 This chapter does not imnlv that areas outside the Floodulain Manaeement Overlay Districts or land uses permitted
110 within such dishicts will be free from flooding ar flood damaees. This chapter shall not create liability on the aU rt Of
111 the Citv of Saint Paul or any officer or emolovee thereof for anv flood damaees that result from reliance on this
112 chapter or anv administrarive decision lawfully made thereLmder.
113 Sec.72.14. Definitions.
114 [SDITOR'S NOTE: Definitions per[aining specifically to floodplain disMCts are moved here from § 60.20Q General
115 Defnitions. Additional definirions and slight amendments to the defimt�ons being moved to meet FEMA and DNR
116 iequirements are noted below. Deletions of floodplam definitions from § 60200 aze noted is Section 2, lines 688 —
117 715, of this ordinuice.]
118 Terms defined elsewhere in the zonma code shall have the meanines as therein defined. The followme terms shall
119 have the meanings ascribed to them herein.
12 0 Basement (Floodplain Mana¢ement Overlav Districts onlv) Any area of a structure having its floor subgrade
121 (below ground level) on all four (4) sides.
122 Flood. A temporary increase in the flow or stage of a stream or m the stage of a wetland or lake that results in the
12 3 inundation of norxnally dry areas.
12 4 Flood fringe That portion of the floodplain outside of the floodway.
125 Flood proofin¢. Those methods of constructron described in the � Minnesota State Building Code which,
12 6 when applied to shuctures or properties, will prevent ar mitigate damage from floods.
12 7 Flood, re ional. A flood which is representative of large floods known to have occurred and characterishc of what
12 8 can be statistically expected to have a one-percent (1%) chance of being equaled or exceeded in any given yeaz a�
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13 0 Regional flood is synonymous with the term "base flood" in the Flood Insurance Study, and is commonly refened to
131 as the "100-year flood" or "1% chance flood."
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132 Flood lain. The ueas adjoining a lake or watercourse at or below the water surface elevation associated with the
13 3 regional flood that have been or hereafter may be covered by the regional flood.
134 Floodwav. The bed of a lake or the channel of ike a watercourse and those portions of the ad�oining floodplains
13 5 which have been deternuned necessary to carry or store the at� discharge the regional flood. The floodway has been
13 6 detemrined in accordance with Minnesota Statutes, Chapter 103F �94, and Minnesota Regulations Part 6120.5700.
13 7 Subp. 4 ?�$�.
13 8 Historic structure (Floodplain ManaQement Overlav Districts onlv). [1ny strucmre that is:
139 (i) Listed individually in the Narional Register of Historic Places (a listing mamtamed by the Department of
14 0 Interior) or preliminarily determined by the Secretary of Yhe Intenor as meeting the requirements for individual
141 lisring on the National Register;
142 (2) Certified or preliminarily deternuned by the Secretary of the Interior as contribuhng fo the historica]
143 significance of a registered historic dish or a dish preliminarily determined by the secretary to qualify as
144 a registered historic district; or
14 5(3) Designated by the city as a heritage preservation site.
14 6 Lowest�loor (Floodplain Management Overlav Districts onlv). The lowest floor of the lowesf enclosed area
147 (includin2 basement). An untinished ar flood resistant enclosure used solelv fox parkinQ of vehicles buildin¢
14 8 access, or storaee in an area other than a basement area, is not considered a buildine's lowest floor
149 Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and
15 0 designed for use with or wrthout a permanent foundarion when connected to the required utilities. ���-�e�
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152 ���°a �� *��r�°°��° c«°�..*�^ �°���� �^O �� � � The term "manufactured home" does not mclude the
153 term "recreafional vehicle."
154 Obstruction (Floodplain ManaQement Overlay Districts only� Any dam, wall, wharf, embankment, levee, dike,
155 pile, abuhnent, projection, excavation, channel modification, culvert, building, wire, fence, stocl�ile, refuse, fill,
156 structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may
15 7 impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carned
158 by such water.
159 Reach. A hydrauhc engineering term to descnbe a longitudinal segment of a stream or river influenced by a natural
16 0 or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge
161 crossings would most typically constitute a reach.
162 Recreational vehicle. A vehicle that is built on a sinele chassis, is 400 sctuare feet or less when measured at the
163 lar�est honzontal �roiection is desiened to be self-nrooelled or permanently towable by a lieht duty truck and is
164 desiened primarilv not for use as a permanent dwellinQ but as tem_porarv livingguarters for recreational campine
165 travel or seasonal use For the numoses of this article the term recreational vehicle shall be svnonymous with the
16 6 term travel trailer/travel vehicle.
167 Re¢ulatorv flood prozection elevaiion That elevation not less than ene fee� two (2) feet above the watei surface
168 profile associated with the regional flood plus any mcrease in flood heights attributable to encroachments on the
169 floodplain.
170 Substantial damaee. Dama¢e of any ori¢in sustained bv a structure where the cost of restorina the structure to its
171 before dama¢ed condrtion would ectual or exceed 50 oercent of the market value of the structure before the damaee
172 occuned.
173 Substantial ir+eprovement (Floodplain Manaeement Overlav Districts onlv) Within any consecutive 365-dav period
174 any reconstruction rehabilitation repair after damaee addrtion or other imnrovement of a structure the cost of
175 which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the
176 imnrovement. This term includes structures which have incurred "substantial damaQe" regardless of the actual
17 7 repair work nerformed. The term does not, however include either•
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178 (a) An�pro7ect for improvement of a structure to cQtrect exisrin¢ violations of state or local health, sanitarv, or
179 safetv code specifications which have been identified bv the local code enforcement official and wh�ch are the
18 0 minimum necessarv to assise safe livin¢ condihons.
181 (b) Any alteration of a"histonc structure," orovided that the alteration will not oreclude the structure's contmued
182 desi ation as a"historic structure."
183 Sec.72.15. Estabiishment.
184 (a) This chapter applies to all lands within the citv shown on the Flood Insurance Rate Map as being located
185 within the boundaries of Zone AE for the Mississippi River and Zone A for Lake Phalen and Beaver Lake. If
186 anv of these floodklain land areas included on the Flood Insurance Rate Map aze annexed into the citv, they
187 shall be subiect to the nrovisions of this ordinance immediately upon the date of annexation.
188 (b) The following materials are herebv adopted bv reference and made a nart of this code as if the material and
18 9 information set forth therein were fullv described herein: the Flood Insurance Studv, Ramsey Countv,
190 Minnesota (All Jurisdictionsl, Flood Insurance Rate Map Panels numbered 27123C0080G, 27123C0087G.
191 27123C0089G, 27123C0092G, 27123C0093G, 27123C0094G, 27123CO1O1G, 27123C0102G, 27123C0103G,
192 27123C0104G, 27123C0108G, 27123CO110G, 27123CO111G, 27123C0112G, 27123C0116G, 27123C0117G,
193 27123C0118G, and 27123C0119G and the Flood Insurance Rate Map Index numbered 27123CINDOB, all of
194 these documents being_preoared by the Federal Emereency Mana¢ement Agencv (FEMA1 and dated June 4,
195 2010.
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(c) The FW Floodwav District shall include those Zone 9E areas desienated as floodway on the Flood Insurance
Rate Maro and those Zone A azeas for Lake Phalen and Beaver Lake on the Flood Insurance Rate Mao that are
below the resoective ordinarv hiqh water elevations as defined in Minnesota Statutes. Section 103G 005 Subd
14. The FF Flood Fringe District shall include those areas desi¢nated as Zone AE and outside of the floodway
on the Flood Insurance Rate Map and those Zone A areas for Lake Phalen and Beaver Lake on the Flood
Insurance Rate Ma�that are located below the 100-vear flood elevation of 86136 (National Vertical Datum of
1988) for Lake Phalen and below the 100-year flood elevation of 951.58 (Nahonal Venc�al Datum of 19881
for Beaver Lake and above the respective ordmar�hiah water elevations as defined in Minnesota Statutes.
Section 103G.005, Subd. 14.
2 0 5 �d) Within these districts all uses not allowed as permitted or conditiona] uses shall be and aze herebyprohibited
206 Leeal nonconforminQ structures or uses existine on the effective date of this chapter or amendment thereto
2 0 7 will be permitted to continue as provided in Chapter 62 and section 72.41.
2 0 8 Sec. 7216. District boundaries interareted.
2 0 9 Decisions on Floodway and Flood Fringe Overlay District boundaries shall be based on the regional flood profile;
210 a� examination of the floodway delineation on the Flood Insurance Rate Map and other supportmg technica] data in
211 the Flood Tnsurance Study as adopted in section 6R�8� 72.15, and the eround elevations that existed on the site on
212 the date of the first National Flood Insurance Proeram map dated Februarv 9 1973 showmg the area in the
213 floodnlain.
214 [EDITOR'S NOTE: The above text pertaining to inteipretation of dishict boundaries is moved heie from § 60.304(fl,
215 with amendments to meet FEMA and DNR requuements noted. Delehon of this language from § 60304(� is noted in
216 Section 3, lines 718 - 730, of this ordinance.]
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221 Sec.72.21. Compliance.
ARTIGLE II. 72.2Q. ADMINISTRATION
222 (a) Permit required. A buildine permit issued bv the butldina official in conformance with the provisions of this
223 chapter shall be secured as reauired bv the Minnesota State Buildine Code orior to the erection addition
2 2 4 modification, rehabilitarion (includina normal mamtenance and repau] or alteration of anv buildin¢ structure
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or roortion theieof: prior to the construction of a dam or on-site sentic svstem� and �rior to the repair of a
structure that has been damaged bXflood, fire, tomado, or anv other source. A permit approved by the zonine
administrator in conformance with the provisions of this chapter shall be secured prior to the use or chanee of
use of a buildmg, structure or land: prior to construcrion of a detached accessorv structure, detached deck or
platform, fence, retainine wall, or tanlc and prior to fhe placement of fill, excavation of materials. or the
stora e of materials or e ui ment within the floodplain. A permit issued bv the plannm¢ commission in
conformance with the orovisions of this chapter shall be secured orior to the chanee or exnansion of a
noncanformin¢ use.
2 3 3 �) Compliance of uses or occupations required. No use or occuroation of anv lands, for any purpose whatsoever,
2 3 4 shall hereafter be pernutted within the Floodplain Manaeement Overlay Districts without full compliance wrth
2 3 5 the terms of this chapter and other applicable laws.
2 3 6 (cl Complaance of sfructures,fill ete. No structure, fill, material or object shall hereafter be placed on or removed
237 from lands within the Floodplain Manaeement Overlav Districts, and no structures or other ob�ect shall
2 3 8 hereafter be located, used, occupied, constructed, erected, converted, altered, or enlareed within the district
2 3 9 without full com�ance wrth this chapter and other aoplicable laws.
240 (d) Review of buildin2 permits for adequate floodproofing. All buildine permits for structures pronosed to be
2 41 floodproofed shall be reviewed to deterxnine whether the structures will be adequately floodnroofed.
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(e) Certifzcation. Before a certificate of occupancy is issued for any developmenY in the Floodplain ManaQement
Overlav Districts, the applicant shall submit to the zoninQ administrator certification by a reeistered
professional enQineer, re�istered architect, reeistered landscane architect or reeistered land survevor that the
finished fill and buildine elevations were accomplzshed in compliance with the �rovisions of this chapter.
Finished fill and buildin¢ elevations shall be verifled bv eround survevs. Floodnroofing measures shall be
certified bv a reaistered rn en¢ineer or re�istered architect.
2 4 8 (fl Record of elevation of lowest floor and floodproc�finQ. The zoninQ administrator shall maintain a record of the
2 4 9 elevation of the lowest floor (includine basement) of all new structures, altered structures or additions to
2 5 0 e�srin� structures an the floodnlain. The zonine admimsYrator shall also maintain a record of the elevation to
2 51 which all new structw and alterations or additions to structures aze flood rop ofed.
252 (¢) Noti zcations for watercourse alterations. The zomne administrator shall nohfv, in riverine situations,
2 53 adiacent communities and the commissioner of the department of natural resources nrior to the communitv
2 54 authorizm�v alteration or relocation of a watercourse. If the anolicant has apnlied for a permit to work in
2 5 5 the beds of public waters pursuant to Minnesota Statute, Chavter 103G, this shall suffice as adequate notice to
256 the commissioner of natural resources. A conv of said notification shall also be submitted to the Chica�o
2 5 7 Reeional Office of the Federal Emerpency Mana¢ement Agencv (FEMA).
2 5 8 �) Notification to FEMA when �ysical changes increase or decrease the 100-year flood elevation. As soon as is
2 5 9 pracricable, but not later than six (61 months after the date such sup�ortinQ information becomes available, the
2 6 0 zoning administrator shall nohfv the ChicaQO Re¢ional Office of FEMA of the chan�es bv submittin�a copy
2 61 of said technical or scientrfic data.
262 Sec.72.22. SitePlanReview.
2 63 A srte plan shall be submitted to and approved b�the planninQ commission in accordance with section 61.402 before
2 64 a permit is issued for anv develooment on orooerty whollv or partially located within the Floodplain Mana ement
2 6 5 Overlay Distncts. The site nlan shall include the reeulatory flood nrotection elevation; th�roposed elevation of fill:
2 66 the pronosed elevarion of the lowest floor of new structures, altered structures and addirions to exishne structures;
2 6 7 and the pronosed elevarion to which structures will be flood roofed.
2 6 8 Sec. 72.23. Notifv commissioner of natural resources.
2 69 A copv of the application for a floodplain condirional use uermit or variance shall be submitted to the commissioner
2 70 of natlual xesources sufficientiv in advance so that the commissioner will receive at least ten (10) days notice of the
271 hearin�. A copv of all decisions �rantine floodplain conditional use uernuts or variances shall be forwarded to the
2 72 commissioner of natural resources within ten (10) davs of such action.
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2 73 Sec. 72.24. Norice of increased insurance costs.
274 A�plicants for a condirional use permit or variance to conshuct a structure below the reeulatorv flood protechon
2 7 5 elevation shall be norified Yhat:
276 �1� The issuance of a condirional use permit or variance to construct a structure below the regulatorv flood
2 7 7 protecrion elevation mav result in increased premium rates for flood insurance uo to amounts as hip.h as
2 7 8 twentv-five dollars ($25.00) for one hundred dollars (�100.00) of insurance covera¢e; and
279 (2) Such construction below the regulatorv flood orotection elevation increases risks to life and pioperty. Such
2 8 0 notification shall be maintained with a record of the conditional use permit or variance. The plannine or
2 81 zonin¢ adrrunistrator shall report such conditional use permits or vaziances issued in the biennial report
2 8 2 submitted to the administrator of the National Flood Insurance Proaram.
283 Sec.72.25. Variances.
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�a) The burden of proof shal] rest with the apolicant to demonstrate conclusively that a variance to the provisions
of this chapter will not result in a hazard to life or nroperty and will not adverselv affect the oublic health and
safety; such proof may include soils, eeoloev and hvdrolow reuorts siQned by registered nrofessional
enuineers. Variances shall be consistent with the �eneral nur�oses of the sYandards contained in this chapter
and state law and the intent of applicable state and national laws and proerams. In grantine a vanance, the
board of zonine aropeals shall make wntten findinQS consistent with the criteria specified in this article stating
the grounds upon wluch the variance is tustified. Althoueh vanances mav be used to modify permissible
methods of flood �rotection, no variance shall have the effect of allowin in any district uses urohibited in that
district, uermit a lower deeree of flood orotecrion than the flood urotection elevation for the particular area, or
permit a lesser degree of flood nrotection than required bv state law.
2 94 (b) Variances shall not be ¢ranted within the floodway if any increase in flood levels durine the reeional flood
2 9 5 discharge would result.
296 (c) Variances shall onl�be eranted upon (1) a showing of ¢ood and sufficient cause (� a determinahon that
2 97 failure to Qrant the vaziance would result in exceptional hardshiv to the applicant, and (3) a determination that
298 the erantine of a variance will not result in increased flood heiQhts, additional threats to oublic safetv,
2 99 extraordinarv vublic exroense create nuisances cause fraud on or victimization of the nublic or conflict with
3 0 0 existin¢ local laws or ordinances.
3 O 1 (d) Variances shall only be � unon a determination that the variance is the mimmum necessarv considerin¢
3 0 2 the flood hazard, to afford relief.
3 0 3 Sec. 72.26. Amendments.
3 0 4 (a) All amendments shall be made in the manner set forth in Minnesota Statutes Section 462 357 The flood_plain
3 0 S desiQnations established bv this chapter shall not be removed from floodulain areas unless it can be shown that
3 0 6 the desimation is in error or thaY the areas are filled to an elevation at or above the reeulatorv flood protechon
3 0 7 elevation and are contieuous to other lands 1vinQ outside the flood lain. Special exceptions to this rule may be
3 0 8 permitted bv the Commissioner of Natural Resources if it is determined that, throuqh other measures, lands are
3 0 9 adequately protected for the intended use.
310 (b) All amendments to Yhis chapter includine amendments to the Floodplain Management Overlav Districts ma�s,
311 must be submitted to and annroved bv the Comrtussioner of Natural Resources prior to adontion Changes to
312 the floodolain boundaries must meet the Federal Emergency Manaeement A¢ency's (FEMA) technica]
313 conditions and cnteria and must receive nrior FBMA approval before adorotion The Commtssioner of Nahual
314 Resources must be given ten (10) days written notice of all hearinQS to consider an amendment to this cha t�er
315 and such norice shall include a draft of the amendment or technical studv under consideration
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318 ARTICLE III. 72.30. CONDITIONAL USE PERMITS
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320 Sec.72.31.Application.
3 21 The plannine administrator shall determine whether to rec�uire any or all of the followine six (6) items of information
3 2 2 to be supnlied bv the applicant as a prerequisite to the consideration of the application:
323 (a) Plans in triplicate drawn to scale, prepared bv and siened bv a registered eneineer. archrtect and/or land
324 survevor as applicable, showin¢ the nature, location, dimensions and elevation of the land; existin� surface
3 2 5 contours, structures, streets and utilities: pronosed surface contours, structures, fill and the location and
326 elevarions of �rouosed streets, water supnlv, sanitary facilities and other utilihes showina the relarionship of
3 2 7 the above to the channel or lake shoreline and to the designated Floodolain Mana¢ement Overlav Aistricts
3 2 8 hmits.
329 (bl S�ecificarions for buildine construction and matenals, floodproofin¢, filline, dredgin�eradin�, channel
3 3 0 imnrovements, stora¢e of materials, water sup�lv and sanrtary facilities.
3 31 (cl Typical vallev cross-sections of areas to be occupied by the pronosed development showin¢ the channe] of the
3 3 2 stream, elevation of land areas, hiQh water informarion, veeetation and soi] tvoes.
3 3 3 (d) Plan (surface view) of the proposed develonment showin¢ the proposed use or uses of the area and structures
334 and arovidine location, relationslups and spahal arran�ements of those uses and related shuctures to_pertinent
3 3 5 elevations, fill, storaQe location, utilities and other featuzes.
3 3 6 (e) Profile showine the slope of the bottom of the channel and flow lines of the stream
3 3 7 (fl A written evaluation bv a reeistered engineer or other exnert person or a¢ency of the pr000sed oroiect in
3 3 8 relationship to flood heights and velocities, the seriousness of flood damaee to the use, the adequacv of lp ans
3 3 9 for flood protection and other techmcal matters.
3 4 0 Sec. 72.32. Factors considered.
341 In addition to the ¢eneral standards and requirements in section 61.500 and all other relevant factors snecified in
342 other sections of this chapter, in reviewinQ conditional use permit applications, the planningcommission o�lannin¢
3 4 3 administrator shall consider the followine:
344 (a) The relationship of the �roposed use to the comprehensive nlan and floodplain mana�ement pcQeram for the
345 ci .
3 4 6 (b) The imuortance of the services nrovided bv the pronosed facilitv to the communitv
3 4 7 (c) The ability of the existinQ topogra�hy, soils and ¢eoloev to support and accommodate fhe uroposed use.
3 4 8 (d) The compatibilitv of the oroposed use with existing characteristics of bioloaic and other natural communihes.
349 �) The Uroposed water supkly and sanitahon svstems and the abilitv of those svstems to nrevent d�sease
3 5 0 contammation and unsanitarv conditions.
3 51 (fl The requirements of the facility for a river-dependent location if applicable
3 52 (�) The safetv of access to the uroperty_for ordinary vehicles.
3 53 �h) The susce tibility of the or000sed facilitv and rts contents to flood damage and the effect of such dama e on
3 54 the individual owner.
3 5 5 �i) The daneers to life and prouertv due to increased flood hei¢hts or velocities caused bv encroachments
3 5 6 f�) The expected hei�hts velocity duration rate of rise and sediment transport of the floodwaters e�ected at the
3 5 7 site.
3 5 8 (k) The daneer that materials may be sweut onto other lands or downstream to the in'ur of others
3 5 9 �1 The availability of alternahve locahons ar confieurations for the pr000sed use
3 6 0 (m) Such other factors as are relevant to the purposes of this chapter
3 61 Sec. 72.33. Conditions imnosed.
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362 The planning commission or plannin¢ adnunistrator may attach such conditions to the grantina of condirional use
363 pernuts as are deemed necessarv to fulfill the �urposes of this chapter. Such condihons may mclude, but are not
3 64 limited to, the £ollowine:
3 6 5 (a) Modificarions of desien, site plznnine or site treatment.
366 (bl Requirements for implementation of erosion and sediment control, veQetation mana¢ement, wildlife
3 6 7 manaeement and other orotective measures.
3 6 8 (c) Modificarions of waste disposal and water sup�lv faciliries or operations.
3 6 9 (d) Limitations on neriod of use and operation, a flood warnin¢ svstem and an evacuation nlan.
3 7 0 (e) Im_position of operafional controls, sureties and deed resh
3 71 (fl Requirements for construction of channel imrorovements, modifications, dredging, dikes, levees and other
3 7 2 protechve measures.
373 (Q) Floodproofine measures shall be desi¢ned consistent with state-estabhshed floodnroofine standards in the
374 Minnesota State Buildine Code and with the flood orotection elevation for the narticular area includingf7ood
3 7 5 velocities, duration and rate of rise, hydrostatic and hvdrodvnamic forces, and other factors associated with the
376 reeulatory flood. The plannin¢ commission shall rec�uire that the aoulicant submit a plan or documents
3 7 7 certified by a re¢istered professional en¢ineer or architect that the floodoroofin� measures are consistent with
3 7 8 the reeulatory flood elevation and associated flood factors for the particular area. The floodproofinQ measures
3 7 9 that ma by e reguired include, but aze not limited to, the followine:
3 8 0 (1) Anchora¢e to resist flotation and lateral movement.
3 81 (2) Installation of watertight doors, bulkheads and shutters, or similar methods of construction.
3 8 2 (3) Reinforcement of walls to resist water rep ssute.
3 8 3 (4) Use of naints, membranes or mortars to reduce seepage of water throu¢h walls.
3 8 4 (51 Addition of mass or weight to structures to resist flotation.
3 8 5 (61 Installarion of pumps to lowex water levels in structures.
3 8 6 (7) Construction of water supply and waste treahnent systems to prevent the entrance of floodwaters.
3 8 7 (8) Installahon of pumpin¢ facilities or com arable practice for subsurface drainage systems for buildines to
3 8 8 relieve extemal foundation wall and basement floor nressures.
3 8 9 �9) Construction to resist ruoture or colla�se caused bywater nressure or floating debris.
3 9 0 (10) Installahon of valves or controls on sanitary and storm draina¢e which will pernut the drains to be
3 91 closed to prevent backu�of sewaee and stormwaters into the buildings or structures. Gravity drainin�of
3 9 2 basements mav be eliminated bv mechanical devices.
393 (11) Location of all electrical equipment, circuits and installed electrical appliances such that they are not
3 94 subiect to the re¢ional flood.
3 9 5 �121 Locahon of any structural stQraee faciliries for chemicals, e�plosives, buoyant materials, flammable
396 hauids or other toxic materials that could be hazardous to oublic health, safety and welfare (if
3 9 7 permissible under the Minnesota State Building Code) above the flood nrotection elevarion or rorovision
3 98 of adequaYe floodproofine to orevent flotation of or damase to storaQe containers which could result in
3 9 9 the escaoe of toxic materials into floodwaters.
4 0 0 (h Specifications for buildin¢ construction and materials, fillina and a�r din¢ water sup�lv sanitarv facilities,
4 O l uriliries and other work or construction to be submitted to the city denarhnent of safetv and mspections for
4 02 review and annroval urior to any development.
403
404
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4 0 5 ARTTCLE N. 72.40. NONCONFORMING USES AND STRUCTURES
406
4 0 7 Sec. 72.41. Floodnlain nonconformina uses and structures.
408 Nonconfomune sh and use of structures or land shall be subiect to the re¢ulations in this section as well as
4 0 9 provisions of chapter 62. Nonconformin¢ Lots, Uses and Structures. A structure or the use of a structure or premises
410 which was lawful before the uassage or amendment of this cha�ter but which is not in conformity with the
411 orovisions of this chapter mav be continued subject to the followine condirions:
412 �) No struchse shall be expanded, chan¢ed, enlarged or altered in a wav which increases its nonconformit�
413 (bl Anv structural alteration or addition to a nonconformin¢ structure which would result in increasinQ the flood
414 damage potential of that structure or use shall be protected to the reQulatorv flood nrotection elevation in
415 accordance with any of the elevation on fill or floodproofine techniques (i.e.. FP-1 throueh FP-4 floodproofin
416 classificationsl allowable in the Minnesota State Buildina Code, except as further restricted m subsection c.
417 below.
418 �� Except for historic structures, if a substanhal improvement (defined in sechon 72.141 occurs from any
4 1 9 combinahon of a building addihon to the oufside dimensions of an exisrinQ buildinQ or a rehabilitarion,
4 2 0 reconstruction, altecation, or othei imrorovement to the inside of an existing nonconformmg building, then the
421 buildine addition and the existing nonconformin¢ buildine must meet the requirements of sechon 72.60 or
4 2 2 72.70 for new structures, depending upon whether the structure is m the floodway or flood frin� respechvelv.
4 2 3 If a substanrial im�rovement occurs onl�from a buildine addihon, then the building addition must meet the
424 elevahon on fill or floodproofine requirements of section 72.60 or 72.70 for new structures and the existine
4 2 5 structure must also meet the reauirements of section 72.60 or 72.70 for new structures if any alteration is made
4 2 6 to the common wall m excess of installine a standard doorway
427 (d) When a nonconformin� use is discontinued or ceases to exist for a continuous roeriod of three hundred sixty-
4 2 8 five (365) davs, the buildin¢ and premises shall thexeafrer be used in conformance with this chapter, unless the
4 2 9 plannine commission approves a pemut to reestabhsh the nonconformine use as set forth m section 62109(e).
430 (e) If anv nonconfornunQ structure is substanrially damaeed, it shall not be reconstructed exceut in conformity
431 with the provisions of this chapter. The applicable �rovisions for establishing new shuctures in section 72.60
4 3 2 or 72.70 will apulv denendm¢ uvon whether the structure is in the floodway or flood fnnee, res�ecrivelv.
433
434
435 ARTICLE V. 72.50. GENERAL STANDARDS AND REGULATIONS
436
4 3 7 Sec. 72.51. Public utilities, railroads, roads and bridees.
4 3 8 � Public utilities. A11 nublic urilities and faciliries such as eas, electrical, sewer and water suoolv systems to be
439 located in the floodplain shall be flood�roofed in accordance with fhe Minnesota State Buildine Code or
4 4 0 elevated to above the re latory flood protecrion elevarion.
441 (b) Public transportation facilities. Railroad tracks, roads and brid¢es to be located within the floodplain shall
442 complv with sections 72.60 and 72.70 of this chapter. Elevation to the re�ulatory flood protection elevation
443 sha11 be orovided where the failure or intemxntion of these transnortation facilities would result in daneer to
444 the public health or safetv or where such facihties aze essential to the orderlv funchonine of the area. Minor or
445 ausiliary roads or railroads mav be constructed at a lower elevation where failure or interruprion of
4 4 6 transnortation services would not endan¢er the vublic health or safetv
447 �) On-site sewage treatment and water supplv svstems. Where nublic utilities are not provided• 1) on-site water
448 supplv s�tems must be desiQned to minimize or elimmate infiltration of floodwaters into the svstems� and 21
4 4 9 new or replacement on-site sewaee treahnent svstems must be desi¢ned to minimize ar eliminate infiltration of
4 5 0 floodwaters into the svstems and dischazees from the svstems into floodwaters and thev shall not be subject to
4 S 1 impairment or contamination during times of flooding Anv sewaee treatment svstem desiQned in accordance
4 S 2 with the state's current statewide standards for on-site sewaqe treattnent svstems shall be detennined to be in
io-a��
4 5 3 comphance with this section.
454
455
456 ARTICLE VI. 72.60. FW FLOODWAY OVERLAY DISTRICT
457
458 Sec. 72.61. Permitted uses.
459 �a) The followine uses shall be oermitted within the FW Floodwa�District to the extent that they are not
460 prohibited by anv other provision of the zoning code or other ordinances. The uses are subiect to the
4 61 conditions of the underlyin¢ zonin¢ district and to the standards for nermitted uses in the Floodwav District.
462 (11 Nonstructural industrial-commercial uses, such as open-loadina areas, parkine areas, interior service
4 63 roads, airport service roads and airport runways
464 (21 Public and pnvate recreational uses such as aolf courses, tenms courts. drivine ranges, archery ran¢es,
465 picnic and camp_grounds, boat launchinQ and beaching areas or ramps, swimmmQ areas, parks.
466 playQrounds, wildlife and nature preserves, Qame farms, fish hatcheries, and hikine, bicyclinQ,
4 6 7 horseback or recreational vehicle areas and trails, and other ooen suace uses.
4 6 8 (3) Accessorv residential uses such as lawns, �ardens, parkinQ areas and plav areas.
4 6 9 Sec. 72.62. Standards for nermitted uses in the FW Floodwav District.
4 7 0 (a) The use shall not obstruct flood flows to the uoint that it increases the one (1) vercent chance flood elevation
4 71 and shall not involve struchu fill, obstrucrion, excavations or storaee of materials or equi ment
4 72 (b) The use shall have a low flood dama�otential.
473 � The use shall not adversely affect the hvdraulic capacitv of the channel or floodway ar any tributary to the
4 74 znain stream or of am ditch or other drainaQe facilitv or system.
475 (d) No use shall be roermitted which is likelv to cause oollution of waters, as defined in Minnesota Statutes
4 7 6 Section ll 5 A 1, unless adequate safeguards, approved by the stafe pollution control aeencv, are provided.
4 7 7 Sec. 72.63. Conditional uses.
4 7 8 The followine uses shall be uernutted within the FW Floodwav District to the exYent thev are not prohibited bv anx
479 other provision of the zonine code or other ordinances subiect to issuance of a conditional use nermit bv the
480 plamm�¢ commission accordine to the urovisions for condihonal use permits in chapter 61 The uses are subject to
4 81 the conditions of the underlvin¢ zonin¢ district and To the standards for conditional uses in the Floodway District
482 �a) Railroads hiehwavs streets allevs access roads bridges sewers utilities utility h Imes and pipe
4 8 3 lines.
484 (b) Marinas. boat rentals, docks, piers moorin¢ anchars wharves water-control structures and navi a� tion
485 facilities.
4 8 6 (c) Storage yazds or areas for equipment machinery or bulk materials
4 8 7 �d) Structures accessory to oermitted uses in section 72.61 or conditional uses of this section
4 8 8 (el Placement of fill.
489 �� Structural works for flood control such as levees dikes and floodwalls constructed to any hei¢ht where the
4 9 0 intent is to orotect individual structures.
4 91 jg) Fences.
4 92 Sec. 72.64. Standards for conditional uses in the FW Floodwav District.
4 9 3 �a) No structure (temporary or permanent) fill deposit (includina fill for roads and leveesl obstrucrion storage of
494 materials or e uipment, or other use mav be allowed that will cause an mcrease in the heieht of the reeional
4 9 5 flood or cause an increase m flood dama2es in the reach or reaches affected. The use shall not adversel�
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4 9 6 the hvdraulic capacitv of the channel ar floodway or anv tributarv to the main stream or of anv ditch or other
4 97 drainaee facilitv or svstem. For Lake Phalen and Beaver Lake, comoensatin¢ flood water storaee volume shall
4 9 8 be provided below the 100-vear flood elevation for anv obshuction placed in the floodolain.
4 9 9 (b) Fill shall be protected from erosion bv veeetative cover. mulchin� nprap or other acceptable method.
5 0 0 � Accessory struchses shall not be desi¢ned for human habitation.
501 (d) Accessorv structures shall be conshucted and placed on the buildin¢ site so as to offer the mimmum
5 02 obstruction to the flow of floodwaters:
503 (1) Whenever possible, structures shall be consriucted with the longitudinal asis pazallel to the direction of
504 floodflow;and
505 (2) So far as nracticable, structures shall be placed approximatelv on the same flood flow lines as those of
506 adioinin�structures.
507
508
509
510
511
512
(e) Accessory structutes shall be elevated on fill or structurallv drv flood�oofed in accordance with the FP-1 or
FP-2 floodproofin classification in the Minnesota State Buildine Code As an alternative an accessory
structure mav be floodproofed to the FP-3 or FP-4 floodnroofine classification in the Minnesota State BuiidmQ
Code, provided the accessory structure constitutes a minimal investment, does not exceed five hundred (SQOI
square feet in size, and for a detached earaee, the detached ¢araQe must be used solelv for parkine of vehicles
and limited storaee. All floodnroofed accessorv structures must meet the followinn additional standards�
513 (11 The structure must be adequatelv anchoied to roxevent flotahon collause oi latecal movement of the
514 structure and shall be desiened to equalize hvdrostatic flood forces on exterior walls:
515 � Any mechanical and utility equioment in a structure must be elevated to or above the re¢ulatorv flood
516 �rotection elevation or nroperlv floodnroofed; and
517
518
519
520
521
522
�3) To allow for the equalizahon of hvdrostatic pressure there must be a minimum of two "automatid'
onenin¢s in the outside walls of the structure havin¢ a total net area of not less than one sauare inch for
everv square foot of enclosed area subiect to floodine There must be openin¢s on at least two sides of
the structure and the bottom of all openines must be no hieher than one foot above tlie ]owest adiacent
�rade to the structure Usin¢ human intervention to open a�ar—a�e door nriar to flooding will not sahsfv
this requireinent for automatic o enin s.
523 �fl The storage or orocessine of materials that are in time of floodin¢ flammable earolosive or �otential�
524 in�urious to human animal or olant life is urohibited Storage of materials or equioment may be allowed if
52 5 readilv removable from the area within the rime available after a flood wamine and in accordance with a I�an
5 2 6 aporoved bv the olannin¢ commission.
5 2 7 � Structural works for flood control that will chanee the course current or cross-section of protected wetlands
52 8 or public waters shall be sub�ect to the nrovisions of Minnesota Statutes Chanter 103 G Structural works for
5 2 9 flood control intended to remove areas from the reeulatorv floodnlam shall not be allowed in the floodwav
53 0 jh) A levee, dike or floodwall constructed in the floodway shall not cause an lncrease to the reeional flood and the
5 31 technical analvsis must assume equal convevance or storage loss on both sides of a stream
532 (i) No use shal] be permitted which is likely to cause�ollution of waters as defined in Minnesota Statutes
533 Section 115 Ol unless adequate safe�uazds apnroved bv the state polluhon-control aeencv are provided
534
535
536
537
53 8 Sec. 72.71. Permitted uses.
ARTICLE VII. 72J0. FF Flood Frin�e Overlay Dish
53 9 Permitted uses in the FF Flood Fringe Overlay District shall be those uses of land or structures listed a�ernutted
540 uses in the underlvine zonina district. These uses are subject to the conditions of the underlvine zonine district to
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541 the standards for �emutted uses in the Flood Fringe Distnct in section �2.72, and to the standards for all Flood
S 4 2 Fringe uses in section 72.75.
543 Sec. 72.72. Standards for nermitted uses in the FF Flood Frin¢e District.
544 (a) All structures with a roof and a wall or attachment to utilities, including�as and liquid storaee tanks and
545 accessorv structures, must be elevated on fill so that the lowest floor includin¢ basement floor is at or above
54 6 the re lator�flood protection elevation. The finished fill elevation for such structures shall be not lower than
547 one (11 foot below the reeulatory flood protection elevarion and the fill shall extend at such elevation at least
54 8 fifteen (1 S) feet bevond the outside limits of the structure erected thereon.
54 9(b) As an altemative to elevarion on fill, accessorv structures that constitute a minimal inveshnent and that do not
550 exceed five hundred (500) square feet for the outside dimension at eround level mav be internallX
5 51 flooduroofed in accordance with section 72.64(e).
552 (cl The stora�e of anv materials or equipment shall be elevated on fill to the reeulatory flood protection elevat�on.
S 53 Sec. 72.73. Conditional uses.
554
555
556
557
558
559
Any sh in the FF Flood Frinee District that is not elevated on fall or floodproofed m accordance with section
72.72(a) or (b), and anv use of land that does not comQly with sechon 72J2(c), shall onlv be allowable as a
condihonal use, sublect to issuance of a conditional use permit bv the nlanninQ commission accordine to the
provisions for conditional use nermits in chapter 61. The uses are subject to the conditions of the underl�ing zonine
district. to the standards for conditional uses in the Flood Frin�e District in section 72.7A, and to the standards for all
F1ood Fringe uses in section 72.75.
5 6 0 Sec. 72.74. Standards for wnditional uses in the FF Flood FrinQe District.
5 61 �) Altemative elevarion methods other than the use of fill may be utilized to elevate a structure's lowest floor
562 above the reeulatory flood protection elevation. These alternative methods may include the use of stilts,
563 pilings, parallel walls or above erade, enclosed areas such as crawl snaces or tuck-under ¢araQes. The base or
564 floor of an enclosed area shall be considered above ¢rade and not a structure's basement or lowest floor i[ 1)
5 6 5 the enclosed area is above ¢rade on at least one (11 side of the structure; 21 is desiened to internally flood and
566 is constructed with flood-resistant materials; and 31 is used solel�or roarkin¢ of vehicles, buildme access ar
5 6 7 storaee. The above-noted altemative elevation methods are subiect to the followine additional standards:
568 (1) Desi�n and certz�cation. The structure's desi¢n and as-built condihon must be certified bv a reeistered
5 6 9 nrofessional en¢ineer or architect as bein¢ in compliance with the aeneral desian standards of the
570 Minnesota State BuildinR Code and, specifically, Yhat all electrical, heatine, ventilation, rolumbin�and
571 air condirionina e4uipment and other service facflities must be at ar above the reaulatory flood
572 protection elevation or be desi eng d to orevent floodwater from enterin�or accumulatine within these
5 7 3 comoonents durin� times of floodme.
57 4 f21 S�eci�ZC standards for above ¢rade enclosed areas. Above erade, fullv enclosed areas such as craw]
5 7 5 spaces or tuck-under a�ta�es must be designed to intemallv flood and the desian plans must sripulate:
576
577
578
579
580
581
5S2
583
a. A minimum area of "automatid' ooenm¢s in the walls where intemal floodinn. is to be used as a
floodproofin¢ technique. There shall be a minimum of two (21 openin¢s on at least two (2) sides
of the structure and the bottom of all o�enines shall be no higher than one (11 foot above gsade•
The automatic onenin�s shall have a mmimum net area of not less than one fl) square mch for
everv square foot of enclosed atea subject to floodin¢ unless a reeistered professional en�neer or
architect certifies that a smaller net area would suffice. The automatic openings may be equipued
with screens, louvers, valves or other coverines or devices, provided that thev permit the
automatic enhv and exit of floodwaters without anv form of intervention.
5 8 4 b. That the enclosed area will be desiened of flood-resistant materials in accordance with the FP-3 or
585 FP-4 classifications in the Minnesota State Buildine Code and shall be used solelv for building
5 8 6 access, parldne of vehicles or storaee.
587 (b) Basements, as defined in section 72.14, shall be subiect to the followine:
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588 (11 Residential basement conshuction shall not be allowed below the reeulatorv flood protection elevation
5 8 9 except as authorized in subsection (e) of this secrion.
5 9 0 (� Nonresidenrial basements mav be allowed below the reeulatorv flood protection elevation, prov�ded the
5 91 basement is vrotected in accordance with subsechon (c) or (e) of this section.
592 (c) All areas of nonresidential structures includin¢ basements to be placed below the regulatorv flood protection
593 elevarion shall be shucturally drv floodoroofed in accordance with the FP-1 or FP-2 floodoroofinE
594 classifications in the Minnesota State Bmldin¢ Code. Ttns shall reauire maltin¢ the structure watertieht, with
5 9 S the walls substantially impermeable to the a� ssase of water and with structural components havinQ the
596 c�ability of resisting hv�ostatic and hydrodmamic loads and the effects of buovancy. Struchues
S 9 7 flooduroofed to the FP-3 or FP-4 classification shall not be gernutted.
598 (d) The stora¢e or �rocessinp of materials that aze, in times of floodine, flanunable, eJCplosrve or potentiallv
5 9 9 iniunous to human, animal or plant life is prohibited. Storaee of other materials or equipment mav be allowed
600 if readilv removable from the area wrthin the time available after a flood warnine and in accordance with a
601 plan apnroved by the planning commission, or if elevated above the regulatorv flood rorotection elevation bv
602 alternative methods which meet the requirements of subsection (a) above. Storage of bulk materials may be
603 allowed �rovided an erosion/sedimentation control olan is submitted which clearl�soecifies mefhods to be
6 0 4 used to stabilize the materials on site for a reeional flood event. The nlan must be prenared and certified by a
6 O5 r�istered professional eneineer or other ctual�fied individual accentable to the plamm�Q commission.
606 (e) When the Federal Emergencv Mana�ement A�encv has issued a letter of mao revision-fill (LOMR-F,L
607 vacant parcels of land elevated b�fill to the one (�ercent chance flood elevation, the area elevated by fill
608 remains subject to the provisions of this chaoter. A structure mav be olaced on the area elevated b�fill wrth
6 0 9 the lowest floor below the re ulatory flood vrotection elevation orovided the structure meets the followine
610 orovisions:
611 (1) No floor level or portion of a shucture that is below the reaulatory flood protection elevation shall be
612 used as habitable space or for storage of any pi0 e�rty, materials, or e ui ment that nu¢ht constitute a
613 safety hazard when contacted by floodwaters. Habitable snace shall be defined as anv s�ace in a
614 structure used for livine, sleeping, eatine or cooldnu. Bathrooms, toilet comparhnents, closets, halls.
61 S storaQe rooms, laundrv or uhlitv snace, and similar areas are not considered habitable soace.
616 (2) For residential and nonresidential structures, the basement floor ma�be placed below the regulatory
617 flQOd prQtecUon elevation sublect to the followin� standards:
618 a. The top of the immediate floor above anv basement area shall be placed at or above the re ug latory
619 flood protection elevation.
620 b. Any area of the structm rolaced below the re uQ latorv flood protection elevarion shall meet the
621 "reasonably safe from floodine" standards in the Federal Emer¢ency Mana�ement Aeencv
622 (FEMA) roublicarion entitled "Ensuring�that Structures Built on Pill In or Near Special Flood
62 3 Hazard Areas Are Reasonablv Safe From Floodm¢," Technical Bulletin 10-01, a copv of wknch is
624 hereby adonted by reference and made part of this chaoter. In accordance with the nrovisions of
62 5 this charoter, and suecificallv sechon 72.33(Q), the applicant shall submit documentation that the
626 struchse is desiened and built in accordance with either the "Simolified Approach" or
62 7 "Eneineered Basement Ontion" found in PEMA Technical Bullerin 10-01
628 a If the ground surroundine the lowest adiacent erade to the structure is not at or above the
62 9 r�latorv flood protection elevarion, then any portion of the structure that is below the re¢ulatorv
630 flood protection elevation must be floodnroofed consistent with anv of the FP-1 throueh FP-4
631 floodproofinp classifications found in the Minnesota State Buildintr Code
632 Sec. 72.75. Standards for all FF Flood FrinEe uses.
633 (a) Vehicular access. All new principal structures must have vehicular access at or above an elevation not more
634 than two 2) feet below the re�ulatorv flood protection elevation. If a variance to this reauirement is � d
63 5 limitations on the neriod of use or occupancv of the structure for times of floodine must be s�ecified and only
io-2��
6 3 6 after determinin¢ that adequate flood wamm¢ rime and ]ocal flood emer¢encv response procedures exist.
637 (b) Commercial uses. Accessorv land uses, such as vards, railroad tracks and parkin2 lots mav be at elevations
638 lower than the re�ulatorv flood protecrion elevation. However, a permrt for such facihties to be used bv the
639 emplovees or the �eneral public shall not be granted in the absence of a flood warnin�svstem that provides
640 adequate rime for evacuarion if the azea would be inundated to a denth and velocity such that when
641 mulriplvine the depth (in feetl times velocitv (in feet �er second) the product number exceeds four f4) unon
642 occurrence ofthe r�onal flood.
643 L� Manufacturing and industrial uses Measures shall be taken to minirmze interference with normal nlant
644 operations. Certain accessory land uses such as yards and nazkine lots mav be at lower elevation subiect to
645 requirements set out in subdivision (bl above. In considering permit apnlications, due consideration shall be
64 6 g�ven to needs of an industry whose business requires that it be located in floodplain areas.
647
648
649
650
651
652
653
(d) Standards penainin¢ to fill. Fill shall be oroperlv comoacted and the slo�es shall be uroperlv protected bv the
use of riprap. ve¢etative cover or other acceptable method. The Federal EmerQency ManaQement Aeency
(FEMA) has established criteria for removin�the soecial flood hazard area desi�nation for certain structures
properly elevated on fill above the one (1) oercent chance flood elevation FEMA's reauirements incomorate
snecific fill comnaction and side slo�e vrotection standards for multistructure or mulhlot develooments These
sbndards should be investieated priar to the initiation of site nreoazation if a chanee of soecial flood hazard
area desienahon will be requested.
654 �e Developments not to a fect hvdraulic capacities Floodplain developments shall not adverselv affect the
655 hydraulic capacitv of the channel and adjoimn� floodnlain of anv tributarv watercourse or drainage svstem
656 where a floodwav or other encroachment limit has not been soecified on the official zoninQ map For Lake
657 Phalen and Beaver Lake, compensatin� flood water stora�e volume shall be orovided below the 100-year
6 5 8 flood elevation for anv obsh nlaced in the floodolain.
6 5 9 (f� Manu{actured homes. Manufactured homes must meet all the densitu setback flood �rotection and other
660 requirements of the zonine code and all reauirements of the housing and buildine code All manufactured
6 61 homes must be securely anchored to an adequately anchored foundation system that resists flotation collapse
662 and lateral movement. MeYhods of anchorine may include but ace not lunited to use of over-the-top or frame
663 ties to Qround anchors This rectuirement is in addrtion to apnlicable state or local anchoring rectuirements for
664 resistine wind forces New manufactured home oarks shall be subiect to the provisions nlaced on subdivisions
665 by section 69.510.
666 (gZ Recreational vehicles. Recreahonal vehicles shall not be used for living quarters and are exemrot from the
6 6 7 provisions of this charoter if they have current licenses required for hiehway use are hiehway readv meaning
668 on wheels ar the internal jackine svstem are attachad to the site onlv by quick disconnect type urilihes
669 commonlv used in camp¢rounds and recreational vehicle varks and the recreational vehicle has no �ermanent
670 structw type additions attached to rt. Recreational vehicles lose this exemption when develooment occurs on
671 the parcel exceedinE five hundred dollaxs ($5001 for a struct�al addition to the zecreational vehicle or an
6 72 accessorv shucture such as a earaee or storane buildine The recreational vehicle and all addirions and
673 accessorv structures will then be treated as a new structure and shall be subiect to the elevarion/flood roo ofin,g
674 requirements and use of land xestcictions specified in this chaoter Theie shall be no development or
675 imorovement on the oarcel or attachment to the recreational vehicle that hinders the removal of the
676 recreational vehicle to a flood free locahon should floodin¢ occur. No new commercial recreational vehicle
677 parks shall be allowed in the FW Floodwav or FF Flood Ftinee Ovetlav Districts.
678
679
680
681
682
683
684
(h) Pollution of waters. No use shall bepermitted which is likelv to cause oollution of waters as defined in
Minnesota Statutes Section 115 O1 unless adequate safeeuazds apuroved bv the state pollution control
a�encv, are provided. No new construction, addition or modification to existine sewa¢e treahnent nlants shall
be nermitted within the floodolain unless emer¢ency plans and rorocedures for action to be taken in the event
of floodine are rorenared filed with and anproved by the state nollution control aeency The emereency olans
and procedures must provide for measures to orevent introduchon of anypollutant ar toxic materials into the
floodwaters.
10-277
685 '
686
687
688 Section 2
689
690 That Legislative Code Chapter 60, Article II, 60.200, General Defimhons, is hereby amended as follows:
691
692 Sec.60.203. B.
693 �;°;°°^� *%�o:�i-a;2ry} [Definition moved to § 72.14.]
694 Sec.60.207. F.
695 �lee� [Definition moved to § 72.14.]
696 ������ [Definition moved to § 72.14.]
6 9 7 �'�eeti�r=Bef�g [Definirion moved to § 72.14.]
698
699
7 0 0 �'�ee�-regterxt� [Defimtion moved to § 72.14.]
701 .
702
703 .
704 ,
7 0 S �IBB�:' [Definirion moved to § 72.14.]
7 0 6 �leec�wt�^:� [Definition moved to § 72.14.]
7 0 7 Sec. 60.209. H.
708 ::.:,°��;-:,; °*°°,^',°^° �":. ^�^ �'^°°:-'^-- ";°,^^°' ^�„a:yT [DefinirionmovedYO § 72.14.]
7 0 9 Sec. 60.214. vI.
710 ":w:�:,y ^*°�°°a °,-°^�^ r ,°-:�, a. ^��;�^^ (Definition movedto § 72.14.]
711 Sec. 60.216. O.
712 �.,.,�, ^�^ �D:. ^,. �'^.-.-:a n:,.«,.:,.. ...�a i [Definition moved to § 72.14.]
713 Sec.60.219. R.
714 �ec�12- [Defwition moved to § 72.14.)
715 D'^ �^*^�^. n^^a °°�'^^*;�� ^�°. ° ' . [pefurition moved to § 7214.]
716
717
718 Section 3
719
72 0 That Legislative Code Chapter 60, Sec. 60304, District boundaries interpreted, is hereby amended as follows:
721
722 Sec. 60.304. District boundaries interpreted.
723
724 ETe€tle _a ,.�:,. ,.c.H� fl,.,.a.. a„i:.. .,.;,. «t,o ci,.,.a r_......,._,.o n,..o re,... ,.a �.w,.. ,.
725 4= = �' =-_=� a ».�..^ .�'� ����a .T.':�»:�^.� c..,a,.., µa,...«„a ....,..,a�,.. �°.nP�2
_.. . ,. ..� ., . . .
10-277
7 2 6 (fg) Where unzoned property'may exist, or where pu6lic right-of-way may be realia ed, or where there is any
727 uncertainty, contradiction or conflict as to the intended location of district boundaries shown thereon
728 interpretation conceming the exact location oi the dishict boundary lines shall be determined by resolution o_`
729 the city council upon recommendation by the plannin� commission. The comanission may hold a pubfic
7 3 � hearin�.
73i
732
733
i34
7��
Secfion 4
This ordinance sball become effective thirCy (SO) days after its passaee, appzoval, and publication.
Yeas Nacs Abs°nt
Bostrom �/
Carter �
Harris �/ �
Y_elgen �
Lantry ✓
Stdrk ✓ �
^hune �
�dop�ed by Date '/
Council: �/�ry
F,dop�io*? Ce�tih'ied
By: �
Approved,
Mayor: /
By: \
�y Council Secreta_�y
�?i%l��iJri
2 _ . ��1�1 ��lv
: �
Beauested by Department cf:
Planninc and Ecor._omic Developmer_t
By:
Form Ap - roved by' City Attor;�ey
� �11 Gf�-L- �(- `1- I o
Form Approved by Mayor for Submisszo^
to Counc:�l
By:
APR 2 9 TO10
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee 2 �
Deparhnent/Office/Council: Date Initiated:
PE_Planning&Economic 71MAR2070 Green Sheet NO: 3102156
Development
ConWct Person & Phone: Deoartrnent Sent To Person Initial/Da
AllenTorstensOrl � 0 Iannin¢&EconomicDeveloome� DonnaDrummond � ��//
266-6579 1 Iannin¢ & Economic Develoome� DirectodC. Sedor �
Assign Z i pttorne Ci Attorne < <'
Must Be on Council Agenda by (Date): NumbeT
17-MAR-10 For 3�3syor's Office � MavodAssistant
Routing 4 ouncil Ci Council
Doc. Type: �RDINANCE Order 5 i Clerk Ci Clerk
E-Document Required: N
Document Contact:
Contact Phone:
Total # of Signature Pages � (Clip All Locations for Signature)
Action Requested:
Adoption of ordinance amending Chapter 68 of the Zoning Code updating the Flood Insurance Rate Map (FIRM) and floodplain
regulations to comply with the rules and regulations of the National Flood Insurance Program.
Recommendations: Approve (A) or Reject (R): Personal Service Cont2cts Must Answer the Foliowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commi55ion 2. Has this person/firm ever been a city employee?
A PED staff Yes No
3. Does this person/firtn possess a skill not nortnally possessed by any
curtent ciry employee?
Y¢s No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 4, 2009, FEMA notified the City that they had completed a Flood Insurance Study (FIS) for Ramsey Counry, updating
the current FIRM for St. Paul dated April 2, 2003; that the new FIS and FIRM for St. Paul and Ramsey Counry will become effective
on 7une 4, 2010; and that FEMA requires, as a condition of continued �eligibility in the Na[ional Flood Insurance Prograzn, that the
City must now adopt the new FIS and FIRM along with revisions to City floodplain regulations to meet cunent FBMA standards by
June 4, 2010.
Advanpges If Approved:
St. Paul will maintain continued eligiblitiy in the Natinoal Flood Insurance Program.
Disadvantages If Approved:
None.
Disadvantages If Not Approved:
FEMA will suspend the City of St. Paul from the National Flood Insurance Program.
Total Amount of
Transaction: CostlRevenue Budgeted:
Funding Source: Activity Number:
Financial Information: .
(Explain)
March 11, 2010 230 PM Page 1
10-277
city of saint pau!
pianning commission xesolt��tion
file number 14-31
C���� March 28."2�010
Floodplain Management.Over�ay Districts
WIiEREAS, on December 4, 2009, the Federal Emergency Management Agency (FEMA) notifed
the City that they had completed a Flood Insurance Study (FIS) for Ramsey County, updating the
current Flood Insurance Rate Map (FIRM) for 5t. Paul dated April 2, 2003; that FEMA has
addressed ali comments received on the.F.�eliminary �IS and FIRM they released on September
30, 2008; and that the new FIS and FIRM for St. Paul and Ramsey County wili become effective on
June 4, 2010; and
WHEREAS, FEMA requires, as a condition of confinued eligibility in the National Fload Insurance
Program, that the City must now adopt the new FIS and FIFZM along with revisions to City floodplain
regulations to meet current FEMA standards by June4,�910; and
WHEREAS, the amendments to the Floodplain Management Overlay District regulations in Chapter
68 of the Zoning Code have been drafted with the assistance of staff at the Minnesota Department
of Natural Resources, based on a Minnesota mode! floodplain management ordinance, to meet
current FEMA standards; and
WHEREAS, on February 16, 2010, the Minnesota Department of Natural Resources (DNR} notified
the City that the draft floodplain management amendments ordinance is in compliance with
Statewide Standards and Cnterfa for Management of Floodplain Areas of Minnesota, Minnesota
Rules, parts 6120.5000 to 6120.6200, and that the DNR conditionally approves the draft ordinance
subject to receipt by the DNR of three cerfified copies of the adopted ordinance amendments along
with a signed and completed "Ordinance Certification Checklist" and
WHEREAS, the Planning Commission conducted a pubiic hearing on the Floodplain Management
Overlay District amendments on March 26, 2010, notice of which was published in the Legal Ledger
and was mailed to the City's Early Notification System; and
WHEREAS, floodplain regulations are currently combined with Critical Area regulations in Chapter
68, River Corridor Districts, of the Zoning Code; the two are to become separate articles of Chapter
68; and the Criticai Area regulations are formatted in a separate ordinance to fit together with these
floodplain amendments;
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends approval of
the draft ordinance amending Floodplain Management Overlay District regulations.
moved by Kramer
seconded by Smitten
in favor unanimous
against
i
10-277
Tom Dimond
2119 Skyway Drive
St Paul, MN 55119
March 25, 2010
Floodplain Districts
Floodplain districts should protect the environment not just buildings for
insurance purposes. Current language requires that granting a variance
"will not adversely affect the use or stability of a public way, slope or
drainage channel, or the natural environment." This language should be
included in the variance, conditional use factors considered, expansion
of nonconforming use or structure, and standards for permitted uses.
Council File # 10-277
Green Sheet # 3102156
ORDINANCE
Presented
by
1 �
2 \
3
4
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6
7
10
11
12
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14
15
16
17
18
19
20
21
22
23
24
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Floodplain Management Overlay Districts
An \ ordinance amending the Legislative Code Chapter 68 pertaining to Floodplain
Manage�ent Overlay Districts, updating the Flood Insurance Rate Map and floodplain
regulations�to comply with the rules and regulations of the National Flood Insurance
Program; am��ding Chapter 60, Article II, 60200, General Definitions, and Sec. 60304,
District boundaries interpreted; and amending Chapter 72, Floodplain Management
Regulations, by \eting out-of-date floodplain management regulations.
WFIEREAS, on December 4, 2009, the Federal Emergency Management Agency (FEMA) notified the City that
they had completed a Flood Insurarie�e Study (FIS) for Ramsey County, updating the current Flood Insurance Rate
Map (FIRM) fot St. Pau1 datecl April��, 2003; tttat FEMA has addresed all comments received on the Preliminary
FIS and FIRM they released on Septe$iber 30, 2008; and that the new FIS and FIRM for St. Paul and Ramsey
County will become effecrive on June 4, 2Q10; and
WHEREAS, FEMA requires, as a conditio� of continued eligibility in the National Flood Insurance Program, that
the Ciry must now adopt the new FIS and FI�1VI along with revisions to City floodplain regulations to meet current
PEMA standards by June 4, 2010; and °
WHEREAS, the amendments to the Floodplain'�Ianagement Overlay District regulations in Chapter 68 of the
Zoning Code have been drafted with the assistance of staff at the Minnesota Department of Natural Resources, based
on a Minnesota model floodplain management ordinaxi�e, to meet current FEMA standards; and
WHEREAS, the Planning Commission conducted a pubhic hearing on the Floodplain Management Overlay District
amendments on March 26, 2010, notice of which was publ.ished in the Legal Ledger and was mailed to the City's
Early Notification System, and the City Council has receive8,the recommendation of the Planning Commission on
the amendments; and
2 6 WHEREAS, floodplain regulations are currently combined with Critical Area regulations in Chapter 68, River
2 7 Conidor Districts, of the Zoning Code; the two are to become separate articles of Chapter 68; and the Critical Area
2 8 regulations are formatted in a separate ordinance to fit together with these floodplain amendments; and
29 WEIEREAS, the City Council conducted a public hearing on the Floodplain Management Overlay District
30 amendments on April 7, 2010, at which all interested parties were given amopportunity to be heazd, notice of which
31 was published in the Legal Ledger and was mailed to the City's Eazly Notifica�ion System; and
32 WHEREAS, the City Council has considered all the facts and recommendationsGOncerning the amendments;
33 THE COUNCIL OF TI3E CITY OF SAINT PAUL DOES ORDAIN:
34
35 Secfion 1
36
37 That Legislative Code Chapter 68, River Corridor Overlay Districts, pertaining to Floodplain,Management Overlay
3 8 Districts, is hereby amended as follows:
39
40
41
42
Chapter 68. Zoning Code - Floodnlain and River Corridor Overlay Districts"
*Editor's note-C.F. No. 03-241, § 2, adopted March 26, 2003, amended the Code by, in effect, repealing former ch. 65,
CITY OF SAINT PAUL, MINNESOTA
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
ing similaz provisions as a new ch. 68. Ord. No. 03-241, § 3, renumbered former ch. 68 as a new ch. 65. Former ch. 65
from Ord. No. 16876, adopted January 28, 1982; Ord. No. 16931, adopted June 15, 1982; Ord. No. 16956, adopted
�r 9, 1982; Ord. No. 17116, adopted March 22, 1984; Ord. No. 17502, adopted October 13, 1987; C.F. No. 91-531,
1�'av� 6, 1993; Ord. No. 93-1718, adopted December 14, 1993; Ord. No. 95-1140, adopted October 18, 1995; and Ord.
I444, �dopted January 17, 1996.
!►�
ARTICLE I. 6�.,100. FLOODPLAIN MANAGEMENT OVERLAY DISTRICTS
Division 1. 68.110. General Provisions and Definirions
6 4 In addition Yo the requirements of thi:
65 reQional. state, and federal permits a
6 6 obtainine all other necessaly�ermits.
67 Sec. 68113. Warnin¢ and disclaimer of liabiHtv.
68 This e� article does not imply that areas outside the�loodplain M�ement Overlay Districts or land uses
69 permitted within such districts will be free from flooding o` ood damages. This ekagteF article shall not create
7 0 liability on the part of the City of Saint Paul or any officer or , ployee thereof for any flood damages that result
71 from reliance on this eha�teF article or any administrative decision�wfully made thereunder.
7 2 Sec. 68.114. Definitions. [NOTE: definitions for floodplain dishicts i�oved here from § 60200, General Definitions.]
7 3 Terms defined elsewhere in the zoning code shall have the meanin�s �erein defined. The followin¢ terms shall
7 4 have the meanines ascribed to them herein. �`
75 Basement (Floodplain Mana�ement Overlay Dzstricts only� Any area of� structure having its floor subgrade
7 6 (betow ground level) on all four (4) sic3es. �
77 Flood. A temporary increase in the flow or stage of a stream or in the stage of a
7 8 inundation of normally dry azeas.
7 9 Floo�in�e. That portion of the floodplain outside of the floodway.
or lake that results in the
8 0 Flood proofinQ. Those methods of cons�uction described in the 8si£et� Minnesota Stat�Building Code which,
81 when applied to structures or properties, will prevent or mitigate damage from floods. �
8 2 Flood. re i� onal. A flood which is representative of lazge floods Imown to have occurred and �cterisfic of what
8 3 can be staristically expected to have a one-percent (1%) chance of being equaled or exceeded in aii� given yeaz aa�
84 " °
8 5 Regional flood is synonymous with the term "base flood" in the Flood Tnswance Study, and is common�� referred to
8 6 as the "100-year flood" or "1 % chance flood." �
87 Flo�lain. The areas adjoining a lake or watercourse at or below the water surface elevation associated with the
io-2��
8 8 regior�al flood that have been or hereafter may be covered by the regional flood.
8 9 Floodwav. The bed of a lake or the channel of i-ke a watercourse and those portions of the adjoining floodplains
9 0 which have been determined necessary to carry or store the ax� discharge the regional flood. The floodway has been
91 determined i� accordance with Minnesota Statutes, Chapter 103F �-94, and Minnesota Regulations Part 6120.5700,
92 Subn.4�\
9 3 Hi;
94 (1)
95
96
97 (2)
98
99
100 (3)
Any structure that is:
Listed individua�ly in the National Register of Historic Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual
listing on the Nationa� Register;
Certified or preliminaii�y determined by the Secretary of the Interior as contributing to the historical
significance of a registere2�historic district or a district preliminarily determined by the secretary to qualify as
a registered historic district; or
Designated by the city as a her�tage preservation site.
101 Lowest floor (Flood�lain Manaeement •Overlav Districts onlv). The lowest floor of the lowest enclosed area
102 (includine basement) An unfinishad or�#lood resistant enclosure used sole� for pazkin� of vehicles buildine
10 3 access, or stora?e in an area other than a basement area. is not considered a buildine's lowest floor.
104 Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and
10 5 designed for use with or without a perxnanent foundation when connected to the required utilities. �t���€ae�e�
106
107 ��°a �° ^�:°��°�*� c«..«..,.., co,..:,.., z�� z, c..,.a::.:,.:,... � The term "manufactured home" does not include the
10 8 term "recreational vehicle."
10 9 Obstruction (Floodplain Management Overlay Districts onl}� Any dam, wall, wharf, embankment, levee, dike,
110 pile, abuhnent, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
111 structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may
112 impede, retard or change the direction of the flow of water, either by itself or by catching or collecting debris carried
113 by such water.
114 Reach. A hydraulic engineering term to describe a]ongitudinal segment of a stream or river influenced by a natural
ll 5 or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge
116 crossings would most typically constitute a reach.
117 Recreational vehicle. A vehicle that is built on a single chassis, is 400 square faet or less when measured at the
118 lareest horizontal �roiecrion is designed to be self-�ropelled or permanently towable bv a light duty tnxck and is
119 desiened orimarilv nnt for use as a nerntanent dwelline hut as temnorarv livina miarterc fnr rPr.reatinnal camnina
12 0 travel, or seasonal use. For the
121 term travel trailer/travel vehicle.
122 Re ug latorv tlood protection elevation. That elevation not less than eae-�ee! two (2) feet above the water surface
123 profile associated with the regional Ylood plus any increase in flood heights attributable to encroachments on the
12 4 floodplain.
125
126
127
128
129
130
131
Substantial damaQe. Dama�e of any oriein sustained by a shucture where the cost of restorin� the structure to its
before dama¢ed condition would equal or exceed 50 Lercent of the market value of the structure before the damaee
occurred.
13 2 repair work performed The term does not however include either-
10-277
133
134
235
136
137
138 Sec.
13 9 (a)
140
141
142
143
144
145
14 6 (b)
147
148
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150
151
152
153
154
155
156
157 (c)
158
159
160
161
162
163
164
165
safety code spec�cations which have been identified bv the local code enforcement official and which aze the
minimum necessary to assure safe livin� condirions.
Establishmeut
Article I, Floodplain Management Overlay Distdcts, appli� to all lands within the ciTy
shown on e:�a--�� Flood Insurance Rate Man ' '' as being located within the
boundaries � Zone AE for the Missi�pi River and Zone A for Lake Phalen and Beaver Lake �w �°��
If any of these floodplain land azeas included on
Thefollowine matenal� ._'.,,_ ,.,.�:a,,.. ,.. ,._,... ,,...:..,. a:..,_:,.. ......... ..............._..:..,. ,�.:.. �. ,._ ,.,.....:a,._ ,.,.a,.
'^^°*�a ��'_ °a '���R are hereby adopted by reference and made a part of this code as if
the material �a�teFS and ' wmation set forth therein were fully described here' . '
�kede: (-�} the Flood Insi¢'an�e Study, r_.�.e ,.:.. .. _ea �.. .�.o seae..,.r �...o_..a..,... n,r....�..,,...e... n.� �
IL'L'n,rn� a...va n..„:1� 'lnn�. S Ramsey County, Minnesota (All
, , , ,
.,_ .�
dated June 4, 2010
The � FW Floodway District shall include t�ose Zone AE azeas designated as floodway �ene-t�
� ' ' on the Flood Insur�pce Rate Map and those Zone A areas for Lake Phalen and
Beaver Lake on the Flood Insurance Rate Map that a�i'e below the respecfive ordin2r�hieh water elevations as
defined in Minnesota Statutes Section 103G.005 Sub�.14. The �£? FF Flood Fringe District shall include
those areas designated as Zone AE and outside of the floddway on the Flood Insurance Rate Map and those
166 (d) Within these districts all uses not allowed as permitted or conc
16 7 s�esia� eea��sha11 be and are hereby prohibited. Legal nonc
16 8 effec4ve date of this article e�er or amendment thereto will be
16 9 62 ^°^� *� �-�^�' and section �9A8 68.141
17 0(C.F. No. 03-241, § 2, 3-26-03)
� ,. ......:..va . ..�.•e,.« .,.
stcuchu�es or uses existing on the
a continue as provided in Chapter
171 Sec. 68.116, District boundaries internreted. [NOTE: text mov8d here from § 60304(��
172 Decisions on Floodway and Flood Fringe Overlay District boundaries shall be based on the
17 3 aa� e�camination of the floodway delineation on the Flood Insurance Rate Map and other supp
174 the Flood Insurance Study as adopted in section 68.�115, aad the eround elevations that ex
17 5 date of the first Narional Flood Tnsurance Proeram mav, dated February 9. 1973, showingthe �
176
177 nn�rrnrnrv <onnn nTr,mvre-ron�rTn�r
178
17 9 Sec. 68.�83121. Compliance.
Division 2. 68.120. Admiuistration
ial flood profile;
technical data in
10-277
180 (a)
181
182
183
ig4
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186
187
188
189
190
Permit required. A buildine permit issued by the buildina official � a in conformance with
the provisions of this e#aflteF article shall be secured as required b�the Minnesota State Buildme Code prior to
the erection, addition, modification, rehabilitation (includins normal maintenance and re�air), or alteration of
any building, structure, or portion thereof; prior to the construction of a dam or on-site septic svstem_ and prior
to the repair of a structure that has been dama�ed bv flood, fire, tornado, or anv other source. A permit
approved bv the zoninE administrator in conformance with the provisions of this article shall be secured prior
to the use or change of use of a building, structure or land y�' '� `t" °�'°'� „°"��'�"""' '�f °
. ����a�•, prior to construction of a detached accessorv structure, detached deck or platform, fence.
retainina wall. or tank; and prior to the placement of fill, excavation of materials, or the storage of materials or
equipment w�thin the floodplain. A permit issued bv the plannine commission in conformance with..the
provisions of tkis article shall be secured prior to the change or exkansion of a nonconformina use.
191 (b) Compliance of uses or occupations required No use or occupation of any lands, for any purpose whatsoever,
192 shall hereafrer be permitted within the °�^�����a:-�� Floodplain Manaeement Overlay Districts without full
19 3 compliance with the terms of this eka�te� article and other applicable laws.
19 4(c) Compliance of structures, fill, etc. No structure, fill, material or object shall hereafter be placed on or removed
195 from lands within the :�=°°-��Qa� Floodolain Mana�ement Overlay Districts, and no structures or other
196 object shall hereafter be located, used, occuoied, constructed, erected e�te�e�, converted, eF altered, or
19 7 enlareed within the district without full compliance with this ska�te� article and other applicable laws.
19 8 {d�—��ssien,9f sife�l� [NOTE: text moved to § 68122 Site plan review.]
19 9(de) Review of building permits for adequate floodproofzng. All building permits for structures proposed to be
200 floodproofed �� «'�� °n' °�a °r"' a;°'�^*° shall be reviewed to determine whether the structures will be
2 01 adequately floodproofed.
2 0 2 (e� Certifzcation. Before a certificate of occupancy is issued for any development in the Floodplain Mana� ent
203 Overlav °��a,a–P� Districts, the applicant shall submit to the zoning administrator certification by a
2 0 4 registered professional engineer, registered architect, registered landscape architect or registered land surveyor
205 that the finished fill and building elevationa were accomplished in compliance with the provisions of this
2 0 6 e-�a�te� article. Finished fill and building eIavations shall be verified by ground surveys. Floodproofing
2 0 7 measures shall be certified by a registered professjonal engineer or registered architect.
2 0 8 (C.F. No. 03-241, § 2, 3-26-03)
2�9 e�., tonni �a�..:..:..t.....:..., �
210 �fa) Record of elevation of Zowest floor coid fPoodproofrng. The zoning administrator shall maintain a record of the
211 elevation of the Lowest floot (including basement) of all new structures, altered structures Qr additions to
212 existing structures in the floodplain. The zoning administrator shall also maintain a record of the elevation to
� 13 which all new structures and alterations or additions to structures are floodproofed.
216 frj Tx�,..,�.;,,.,. ,..,.a a�.. � ..:........ ..r�� z;�;,. �OTE: text moved fo § 68.133.]
219
220
221
222
223
224
225
� Notifications �r watercourse aZterations The zonine administrator sha11 notif� in riverine situations
adiacent communities and the commissioner of the department of natural resources prior to the communitv
authorizin¢ any alteration or relocarion of a watercourse. If the applicant has applied for a permit to work in
the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate nofice to
the commissioner of natural resources. A copy of said notification shall also be submitted to the Chica¢o
Reeional Office of the Federal Emer encxManaeement Aeencv (FEMAI.
�
io-2��
2 2 6 ` pracficable, but not later than sis (6) months after the date such supporting informarion becomes available, the
2 2 7 ` zonin administrator shall noti the Chica o Re ional Office of FEMA of the chan es b submittin a co
2 2 8 o aid technical or scientific data.
2 2 9 (C.E No. 03- 41, § 2, 3-26-03)
2 3 0 Sec. 68.122. S e Plan Review.
231 A site plan shall submitted to and approved by the plauning commission in accordance with section 61.402
232 �$8 before a pe ''t is issued for any development on properry wholly or partially located within the �iveF
233 �e� Floodplain agement Overlav Districts. ' "', The site
2 3 4 plan shall include th re e latory flood protecrion elevafion; the proposed elevation of fill; the proposed elevation of
2 3 5 the lowest floor of new �tures, altered siruchues and additions to e�sting shuctures; and the proposed elevarion
2 3 6 to which structures will be fl dproofed.
237 Sec.68.983123. Nofify
2 3 8 A copy of the application for a flo
2 3 9 of natural resources sufficiently in
2 4 0 hearing. A copy of all decisions g
2 41 commissioner of natural resources
242 (C.F. No. 03-241, § 2, 3-26-03)
of natural resources.
i conditional use permit or variance shall be submitted to the commissioner
;e so that the commissioner will receive at least ten (10) days' notice of the
; floodpiain conditional use permits or variances shall be forwazded to the
ten (10) days of such action.
2 4 3 Sec. 68.�3124. Notice of increased insur
244 Applicants for a conditional use permit or
2 4 5 elevarion shall be notified that:
costs.
Ence to construct a structure below the regulatory flood protection
246 (1) The issuance of a conditional use permit o�
2 4 7 protection elevation may result in increased
2 4 8 twenty-five dollazs ($25.00) for one hundred d
e to construct a structure below the rea latory flood
n rates for flood insurance up to amounts as high as
100.00) of insurance coverage;,,and
2 4 9 (2) Such construction below the regulatory flood protec '�on elevation increases risks to life and property. Such
250 notification shall.be maintained with a record of the ondifional use'permit or variance. The plauuing or
251 zoning administrator shall report such condifional use ermits or variances issued in the biennial report
2 5 2 submitted to the administrator of the Narional Flood Tnsuran e Program.
2 5 3 (C.F. No. 03-241, § 2, 3-26-03)
254
2 5 5 Sec. 68.68�125. Variances.
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
(a)
burden of proof shall rest with the applicant to demonshate conclusivel}
of this article will not result in a hazard to life or properly and will not
include soils, geology and hydrology reports �e�-skall--be signed by :
Variances shall be consistent with the general purposes of the standards co
state law and the intent of applicable state and national laws and prograzns.
.,:aoa :.. ..,..:,.., ci cnn. Ti10
sask a variance to the provisions
rsely affect the public health and
� e�ees�ea�� such proof may
;'�istered professional engineers.
tai&ed in this article e�agteF and
uvon which the variance is iustified. Although variances may be used to modify perni:
protection, no variance shall have the effect of allowing in any district uses prohibited
lower degree of flood protection than the flood protection elevafion for the particular
de ee of flood rotecfion than re uired b state law
methods of flood
district, permit a
>r permit a lesser
�' P 4 Y •
(b) , Variances shall not � be \ ganted €ef�ke
io-a��
2�1'
2�z
2�3
274
275
270
277
278
within the floodway if any increase in flood levels durin¢ the'-°��'��-. regional flood a;-a,e;i°°� *�a
a.....,.m. ..,.+o..«:.., ,.c.�.e �._.. .. _, dischar�e would result.
a
2 7 9 (d) Variances'�`s
2 8 0 the flood h�
2 81 (C.F. No. 03-241, §
282
2 8 3 Sec. 68.SQ�126.
_ •.. _.u,.�_.
2 8 4 (a) All amendments shall`�e made in the manner set forth in Minnesota Statutes, Section 462357. The floodplain
2 8 5 designations establishedeky this chapter shall not be removed from floodplain areas unless it can be shown that
2 8 6 the designation is in error`qr that the areas are filled to an elevation at or above the reeulatorv flood protection
2 87 elevation and aze contiguous�to other lands lying outside the floodplain �r-iet. Special exceptions to this rule
288 may be permitted by the Co'�missioner of Natural Resources if k�e it is deterxninede that, through other
2 8 9 measures, lands are adequately p for the intended use.
2 90 (b) All amendments to this article ekagEex, including amendments to the D�- �-�a-a�za;-�� Floodplain Mana¢ement
2 91 Overlay Districts maps, must be subm�tted to and approved by the Commissioner of Natural Resources prior to
292 adoption. Changes to the floodplain b`oundaries must meet the Federal Emergency Management Agency's
293 (FEMA) technica] conditions and crite'i�a and must receive prior FEMA approval before adoption. The
2 94 Commissioner of Natural Resources must H� given ten (10) days' written notice of all hearings to consider an
295 amendment to this article � and sucfl notice shall include a draft of the e�i�a�e amendment or
2 9 6 technical study under consideration. �
297 m n ar,, n� �ni a o a �< n�� �
.�
299
300
301
3 0 2 �.... � ., ..« «,. «,.:,. w.....,._ �,
razm � \.
303 �� � . =T��n^n,-`s-=, �n�T'
304
305 nu-rTrrn�� cocnn �nwm��rTnwrnr rTCi.ncnnrtrrc
. . . ��������
3 0 6 Division 3. 68.130. Conditional Use Per`�tits
3 0 7 Sec. 68.�9}131. Application.
\.
308
3 0 9 64:39A: The planning administrator shall determine whether to requue any or all o�„the following six (6) items of
310 information to be supplied by the applicant as a prerequisite to the consideration of the agplication:
311 (a) Plans in triplicate drawn to scale, prepared by and signed by a registered engi�er, azchitect and/or land
312 surveyor as applicable, showing the nature, location, dimensions and elevation of t�te land; existing surface
313 contours, siructures, streets and utiliries; pxoposed s�face contours, structures, fill�nd the location and
314 elevations of proposed streets, water supply, sanitary facilities and other utilities showirig the relationship of
315 the above to the channel or lake shoreline and to the designated D�°�-��� Floodplain Mana¢ement
io-2��
316
317 (b)
318
319 (c) Typical
3 2 0 stream,
Districts limits.
for building consiruction and materials, floodproofing, filling, dredging, grading, channel
storage of materiais, water supply and sanitary facilities.
cross-sections of areas to be occupied by the proposed development showing the channel of the
S� of land azeas, high water information, vegetaflon and soil types.
3 21 (d) Plau (surface vie of the proposed development showing the proposed use or uses of the azea and struchues
322 and providing locari , relationslups and spatial an•angements of those uses and related shuctures to pertinenY
3 2 3 elevafions, fill, storage , cation, utiliries and other features.
3 2 4 (e) Profile showing the slope the bottom of the channel and tlow lines of the stream.
325 (fl A written evaluarion by a re �stered engineer or other expert person or agency of the proposed project in
32 6 relationship to flood heights an welociries, the seriousness of flood damage to the use, the adequacy of plans
3 2 7 for flood protection and other tec �'cal matters.
32 8(C.F. No. 03-241, § 2, 3-26-03)
[CY.i'�: ^�<;z :,s??�
330
331
332 .
333 �nc wr,. n1'Ent c�f � 2<n1�
- - � - --�
3 3 4 Sec. 68.303132. Factors considered.
335 In addition Yo the general standards and requirements in sec �on 61.500 and all other relevaat factors specified in
33 6 other sections of this chapter, in reviewing conditional use pe `t applications, the planning commission or plauuing
3 3 7 administrator shall consider the following:
338 (a) The relationship of the proposed use to the comprehensive pl� , and floodplain management program for the
339 city.
3 4 0 (b) The importance of the services provided by the proposed facility to e community.
3 41 (c) The ability of the e�cisting topography, soils and geology to support and �ccommodate the proposed use.
3 4 2 (d) The compatibility of the proposed use with e�sting chazacteristics of biolo 'c and other natural communities.
343 (e} The proposed water supply and sanitation systems and the abiIity of th e systems to prevent disease,
3 4 4 contamination and unsanitary conditions.
3 4 5 ( fl The requirements of the facility for a river-dependent locarion, if applicable.
3 4 6 (g) The safety of access to the property for ordinary vehicles.
347 (h) The susceptibility of the proposed facility and its contents to flood damage and the effe�of such damage on
3 4 8 the individual owner.
3 4 9 (i) The dangers to life and property due to increased flood heights or velocities caused by
3 5 0 (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
351 site.
3 5 2 (k) The danger that materials may be swept onto other lands or downstream to the injury of others.
3 S 3 (1} The availabiIity of altemative locations or configurations for the proposed use.
3 5 4 (m) Such other factors as are relevant to the purposes of this chapter.
355 (C.F. No. 03-241, § 2, 3-26-03)
at the
io-2��
35o Seq
357 The
358 perr
359 not
360 (a)
68.394133. Condifions imposed.
ng commission or planning administrator may attach such conditions to the �anting of conditional use
eaek ue deemeds necessary to fulfill the purposes of this chapter. Such conditions may include, but are
to, the followin�:
of design, site planning or site treatrnent.
3 61 (b) Requirer}�ents for implementation of erosion and sediment control, vegetation management, wildlife
3 62 management and other protective measures.
3 6 3 (c) Modifications of waste disposal and water supply facilities or operations.
3 64 (d) Limitations on period of use and operation, a flood waming system and an evacuation plan.
3 6 5 (e) Imposition of opei�ational controls, sureties and deed restrictions.
3 6 6 (� Requirements for ci
3 6 7 protective measures.
368
369
370
371
372
373
374
(g) Floodproofing
of channel improvements, modifications, dredging, dikes, levees and other
be designed consistent with state-established floodproofing standaxds in the
; and with the flood protection elevation for the particulaz area including flood
velocities, duration and rate �rise, hydrostatic and hydrodynamic forces, and other factors associated with the
regulatory flood. The lannid commission shall require that the applicant submit a plan or documents
certified by a registered professi7a}� al engineer or architect that the floodproofing measures are consistent with
the regulatory flood elevation and�associated flood factors for the particular area. The floodproofing measures
that may be required include, but are ot limited to, the following:
375 (1) Anchorage to resist flotation and Y��eral movement.
3 7 6 (2) Installation of watertight doors, bulk�i,eads and shutters, or similar methods of construction.
3 7 7 (3) Reinforcement of walls to resist water �ssure.
3 7 8 (4) Use of paints, membranes or mortars to re�ce seepage of water through walls.
3 7 9 (5) Addirion of mass or weight to structures to re�s' t flotafion.
3 8 0 (6) Installation of pumps to lower water levels in sh�t
3 81 (7) Construction of water supply and waste treatment e�tems to prevent the entrance of floodwatexs.
3 8 2 (8) Installation of pumping facilities or comparable pract���for subsurface drainage systems for buildings to
3 8 3 relieve external foundation wall and basement floor pres y�res.
�Y
3 8 4 (9) Construction to resist rupture or collapse caused by water p�ssure or floating debris.
385
386
387
388
389
(10) Installation of valves or controls on sanitary and sYOrm dr;
closed to prevent backup of sewage and stormwaters into the
basements may be eliminated by mechanical devices.
(11) Location of all electrical equipment, circuits and installed e
subject to the regional flood.
which will permit the drains to be
igs or structures. Gravity draining of
such that they are not
390 (12) Location of any structural storage facilities for chemicals, eaplosives, b'oyant materials, flamanable
3 91 liquids or other to�c materials�kiek that could be hazardous to public he ' th, safety and welfare �f
3 92 oermissible under the Minnesota State Buildine Code) above the flood protech' elevation or provision
393 of adequate floodproofing to prevent flotation of or damage to storage containe which could resuit in
3 9 4 the escape of toxic materials into floodwaters. �
3 9 5 (h) Spec�cations for building construction and materials, filling and grading, water supply, s�anitary facilities,
3 9 6 utilities and other work or construction to be submitted to the city a.�.- ��- �' ^'�a�
3 9 7 ���� department of safetv and ins�ections for review and approval prior to any developme t.
10-277
39�
399
400
401
No. 03-241, § 2, 3-26-03)
� .� � .: �1 � . . � �• .��
Y ■ _ �� .•. •.�����0. Y�•_
402 Sec. 6�.��141. Floodplain nonconforming uses attd structures.
4 0 3 NonconfoAning use-e€ structures and use of structures or land shall be subject to the
4 0 4 regulations�in this section as well as provisions of chapter 62, Nonconforming Lots, Uses and Structures. A structure
4 0 5 or the use of a�siructure or premises which was lawful before the passage or amendment of this article ekaflteF but
4 0 6 which is not in �onformity with the provisions of this article ekagteF inay be continued subject to the following
4 0 7 conditions: e `�=
,.,.
4 0 8 (a) No structure sha�`'�e eapanded, changed, enlazged or altered in a way which increases its nonconformity.
4 0 9 (b) Any structural alterat`t
410 damage potenUal of t]
411 accordance with any
412 fIoodproofmg class�c
413 subsection c. below.
414 (c)
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431 (d)
432
433
434
435
436
437
438
or addirion to a nonconforming structure which wauld result in increasing the flood
structure or use shall be protected to the regulatory flood protection elevarion in
fi the elevation on fill or floodproofing techniques (i.e, FP-1 through FP-4
onst� allowable in the Minnesota State Building Code, except as further reslricted in
0
>
a,.,.a �:«,... .. ,.,.«:..,.,.. .
> �
When *�� a nonconforming use a asa is discontinued or ceas,es to e�st for a continuous period of
three hundred sisty-five (365) days, the building±.and premises shall � thereafter be
reused _ s in conformance with
this article e#a�teF, unless the planning commission
4 3 9 (e) If any nonconforming structure is a,...+..,.. ..a � . ..... ........... :....i...,:.... a,.,,a.. .,. .... _.,+e.,. ..r c.� ��m ..e_,.e..,
440 °�D :'° --°-,��� -.°,..� °+ «'�° �--� �c a�°'-�.^':�° substantiallv damaeed, it shall n�t be reconstructed
4 41 except in conformity with the provisions of this article e�a}�eF. The applicable provisions foi+ new
442 structures in section 68.�8160 or 68.�8170 wi]] apply depending upon wbether the stri�ctw is in the
4 4 3 floodway or flood fringe, respectively.
4 4 4 (C.F. No. 03-241, § 2, 3-26-03)
445
446 _ . , ,
�
10-277
4 4 7 � Division 5. 68.150. General Standazds and Rewlations
� 4 8 Sec. 68.�8}151. Public utilifies, railroads, roads and bridges.
4 4 9 (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be
4 5 0 located in fhe floodplain shall be floodproofed in accordance with the Minnesota State Building Code or
4 51 elevated to above the rea latory flood protection elevation.
452 (b) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall
453 comply with sect�ons 68.�8160 and 68.�8170 of this article Eka�teF. Elevation to the regulatory flood
454 protection elevatio� �ag shall be -� �-°a '�� *'�° �'�����a ^� � rop vided where the failure or
4 5 5 interruption of these i{ansportation facilities would result in danger to the public health or safety or where such
4 5 6 facilities are essential �to the orderly functioning of the area. Minor or auxiliary roads or railroads may be
4 5 7 constructed at a lower ele�ation where failure or interruption of transportation seroices would not endanger the
fl 5 8 public health or safety.
4 5 9 (c) On-site sewage treatment and;water supply systems. Where public utilities aze not provided: 1) on-site water
4 60 supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and 2)
4 61 new or replacement on-site sewag� treatment systems mdst be designed to minimize or eliminate infiltration of
4 62 floodwaters into the systems and d�schazges from Yhe systems into floodwaters and they shall not be subject to
4 6 3 impairment or contamination during ii�nes of flooding. Any sewage treatment system designed in accordance
4 64 with the state's current statewide stanfiards for on-site sewage treatment systems shall be determined to be in
4 65 compliance with this section.
4 66 (C.F. No. 03-241, § 2, 3-26-03)
467
�.S
��
Division 6�.
4 7 0 Sec. 683-1�161. Permitted uses.
4 � 1 (a) The following uses shall be permitted within the �
472 prohibited by any other provision of the zoning co
4 7 3 conditions of the underlying zoning district and to the
474 �Q� a w n• r •a c a a a
475
476
477
478
479
480
.;
(1} Nonstnzctural industrial-commercial uses, such as
d a' rt d d' rt
FW Floodway Overlay District
Floodway District to the extent that they aze not
� other ordinances. The uses are subject to the
iazds for permitted uses in the Floodway District�
areas, parking areas, interior service
roa s, irpo servica roa s an airpo runways. �
(2) Public and private recreational uses such as golf courses, ten�s courts, driving ranges, archery ranges,
picnic and camp grounds, boat launching and beaching are3�s or ramps, swimming azeas, parks,
playgrounds, wildlife and nature preserves, game farms, fisft� hatcheries, and hiking, bicycling,
horseback or recreational vehicle azeas and trails, and other open spa�e uses.
(3) Accessory residential uses such as lawns, gardens, parking areas and pl�y areas.
4 8 2 (C.F. No. 03-241, § 2, 3-26-03) �
4 8 3 Sec. 68.3�3162. Standards far permitted uses in the �C� FW Floodway District. �
,�
4 8 4 (a) The use shall not obstruct flood flows to the point that it increases the one (1) percer�t chance flood elevarion
4 8 5 and shall not involve structures, fill, obstruction, excavations or storage of materials or equipment.
\
4 8 6 (b) The use shall have a low flood damage potential. �,\
4 8 7 (c) The use shall not adversely affect the hydraulic capacity of the channel or floodway or an�tributary to the
4 8 8 main stream or of any ditch or other drainage facility or system. `
4 8 9 (d) No use shall be permitted which is likely to cause pollution of waters, as defined in Minn\ a Statutes,
4 9 0 Section 115.01, unless adequate safeguards, approved by the state pollution control agency, are provided.
io-2��
4 91 (C.�No. 03-241, § 2, 3-26-03)
4 9 2 Sec. 6 163. Conditionai uses.
4 93 The follo ' g uses shall be permitted within the � FW Floodway District to the extent they are not prohibited by
4 9 4 any other p vision of the zoning code or other ordinances.
4 95 . The uses aze subject to the conditions of the
4 9 6 underlying zonin district� and to the standazds for conditional uses itt the Floodway District, °°�`�-� � ^`-°'��°
>
497 -
4 98 (a) Railroads, highw"qys, streets, alleys, access roads, bridges, sewers, utiliries, utility transmission lines and pipe
4 9 9 lines.
500 (b) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water-control structures and navigarion
5 O 1 facilities.
5 0 2 (c) Storage yazds or azeas for e'pment, machinery or bullc materials.
5 0 3 (d) Structures accessory to permitt uses; in section 68.�161- or conditional uses of this section.
5 0 4 (e) Placement of fill.
505 (fl Structural works for flood control s h as levees, dikes and floodwalls conshvcted to any height where the
5 0 6 intent is to protect individual smictures.
507 (g) Fences. �
5 0 8 (C.F. No. 03-241, § 2, 3-26-03)
5 0 9 Sec. 68.3}4164. Standards for conditional uses in tlie �� FW Floodway District.
510 (a) No shucture (temporary or permanent), fill deposi including fill for roads and levees), obshuction, storage of
511 materials or equipment, or other use may be allow �k that will cause au increase in the height of the
512 regional flood or cause an increase in flood damage in the reach or reaches affected. The use shall not
513 adversely affect the hvdraulic canaciTy of the channel or floodway or anv tribntarv to the main stream or of anv
514 ditch or other draiva e facili or s stem. For Lake Phalen and Beaver Lake com ensatin flood water
515 storaee volume shall be provided below the 100-vear flo elevation for anv obstruction placed in the
516 floodplain. �"'�,
517 (b) Fill shall be protected from erosion by vegetarive cover, mulching
518 (c) Accessory structures shall not be designed for human habitation.
519 (d) Accessory sh�uctures shall be constructed and placed on the t
52 0 obshvcYion to the flow of floodwaters::
521
522
523
524
525
526
527
528
529
530
531
532
533
534
(1) Whenever possible, structures shall be constructed with the
flood flow; and
(2) So far as prncticable, structures shall be placed appro�mately on the same
adjoining structures.
(e) t� Accessory structures � shall be elevated on fill
so as to offer the minimum
parallel to the direction of
flow lines as those of
(��5—iitl-3��2,Ffks$"v°�-i^o cic°`da^�r'cc^n vii—�a�� $wc85mj=�`.�z"ci�sc`o nmT vc OL StC1IC�l1i811�' (�IS/ �O�QCIpI'OOfECl lII
accordance with the FP-1 or FP-2 floodproofing classification in the Minnesota State Building Co�e e�. As an
alternarive, an accessor�structure may be floodproofed to the FP-3 or FP-4 floodproofing classificahon in the
Minnesota State Building Code, provided the accessory structure constitutes a minimal investment, does not
exceed five hundred (500) squaze feet in size, and for a detached garage, the detached garage must be wsed
solely for pazking of velucles and limited storage. All floodproofed accessory structures must meet the
or other acceptable method.
�
10-277
535
536
537
538
539
540
541
542
543
544
545
546 `fg)
547
548
549
5 5 0 (g�)
551
552
553
following addirional standards� as-a�e�ate:
��
The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the
structure anc� shall be desi�ed to equalize hydrostatic flood forces on exterior walls; aa�
(2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood
proTection elevation or properly floodproofed : and
�3) To aUow for the equalization of hvdrostatic pressure, there must be a minimum of two "automatic'
openinos in the outside walls of the structure havina a total net uea of not less than one square inch for
every square fooT of enclosed area subject to floodins. There must be o�eninos on at least two sides of
the structure and the bottom of all �eninas must be no hiQher than one foot above the lowest adiacent
arade to the structure. Usine human intervention to open a earaQe door prior to floodinQ will not satisfv
this requuement £or automatic openinas.
The storaae or �rocessine of materials that are, in time of floodina. flammable, exolosive, or ootentiallv
injurious to human, animal. or plant life is prohibited. Storage of materials or equipment may be allowed if
readily removable from the area within the time available after a flood warning and in accordance with a plan
approved by the planning commission.
Structural works for flood control that will change the course, current or cross-section of protected wetlands,
or public waters shall be subject to t}�e provisions of Minnesota Statutes, Chapter 103.G. ����� 'a�=��
Structural works for flood control intendad to remove areas from the regulatory floodplain shall not be allowed
in the floodway.
5 5 4 (h�) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the regional flood and the
5 5 5 technical analysis must assume equa] conveyanc� or storage loss on both sides of a stream.
556 (�) No use shall be permitted which is likely to cau,e pollution of waters, as defined in Minnesota Statutes,
5 57 Section 115.01, unless adequate safeguards, approvect by �e state pollution-control agency, are provided.
558 (C.F. No. 03-241, § 2, 3-26-03) 1
559 °�,
5 60 Division 7�. 68.170?^° °'"'' p:°°-'"�--:-'^- Fl"Flood Fringe Overlay District
561 Sec. 68.33�171. Permitted uses.
562
563
564
565
566
567
Permitted uses in the � FF Flood Fringe Overlay Dish-ict shall be thos
permitted uses in the underlying zoning district, �
^:u.":�'° �^a '^^�'fi"° ^'�^" ��*'�� ^°��"�a. These uses are subject to tlie
district, to the standards for permitted uses in the Flood Fringe District in
standazds for all Flood Fringe uses� in section 68.�-5175 �s�-a�na-D��
H�:498-�iele�v.
5 6 8 (C.F. No. 03-241, § 2, 3-26-03)
uses of land or sh listed as
�ns of the underlying zoning
68.�172 k�elew, and to the
5 6 9 Sec. 68.333�3172. Standards for permitted uses in the �C� FF Flood Fringe District.
570 (a) All structures with a roof and a wall or attachment to utilities, including as and �Y uid stora e tanks and
5 71 accessory shuctures, must be elevated on fill so that the lowest floor including baseme t floor is at or above
5 7 2 the regulatory flood protection elevation. The finished fill elevation for such structures sh��1 be not lower than
573 one � foot below the regulatory flood protection elevation and the fill shall extend at suc��evation at least
5 7 4 fifteen �15� feet beyond the outside limits of the structure erected thereon. �,
5 7 5 (b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment an� that do not
5 7 6 exceed five hundred �5�0� square feet for the outside dimension at ground level may be�,internally
5 7 7 floodproofed in accordance with section 68.'"�164(e1. �
5 7 8 (c) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection
57 9(C.F. No. 03-241, § 2, 3-26-03)
10-277
5 8 0 Sec. 68.3x,-3173. Condifional uses.
581 An struc ' the � FF Flood Fringe District ro*'�� ��* *��
582 ,
583 .
58 4 . that is not elevated on fill or
58 5 flood roo�d in acc ance with section 68.172 a or and an use of land that does not com 1 with section
5 8 6 68.172 c shall onl b allowable as a conditional use. The uses are subject to the conditions of the underlying
5 8 7 zoning district, to the ds for condirional uses in the Flood Fringe Distdct in section 68.�4174 �ele�, and to
5 8 8 the standards for all Flo ringe uses in section 68.�4175 ,
589 r'^*° ^^^«:,... �o nnn
590 . .
591
592 �e. ce....,.,..«.,....,......,.......
5 9 3 (C.F. No. 03-241, § 2, 3-26-03)
5 9 4 Sec. 68.334174. Standards for condi&onal us�in the � FF Flood Fringe District
5 95 (a) Alternarive elevation methods other than th���� use of fill may be utilized to elevate a struciure's lowest ftoor
596 above the regulatory flood protection elevari�n. These altemarive methods may include the use of suks,
5 9 7 pilings, parallel walls or above grade, enclosed .°.�. °�as such as crawl spaces or tuck-under gazages. The base or
5 9 8 floor of an enclosed azea shall be considered abov de and not a struchve's basement or lowest floor if: 1)
5 9 9 the enclosed azea is above grade on at least one (1) s e of the structure; 2) is designed to internally flood and
6 0 0 is constructed with flood-resistant materials; and 3) is ed solely for parking of vehicles, building access or
601 storage. The above-noted alternative elevation methods az subject to the following additional standards:
602
603
604
605
606
607
(1) Design and certifzcation. The structure's design and as� ui:
professional engineer or azchitect as being in compli
Minnesota State Building Code and, specifically, that all i
air cottditioning equipment and other service facilities
protection elevation or be designed to prevettt floodwater
components during times of flooding.
condition must be certified by a registered
with the general design standards of the
°ctrical, heating, ventilarion, plumbing and
�st be at or above the reguIatory fIood
o�,,entering or accumulating within these
608 (2) Spec�c standards for above grade, enclosed rneas. Above grade,�ully enclosed areas such as crawl
6 0 9 spaces or tuck-under gazages must be designed to intemally flood and �e design plans must stipulate:
610
611
612
613
614
615
616
617
618
619
620
621
622
623 (b)
624
a. �e A minimum area of "automatid' openings in the walls where � emal flooding is to be used as
a floodproofmg technique. ' a '
fl^^a.°^'°�° «^ °^..^,:°� �-°°^°-�° There shall be a minimum of rivo openin¢s on at least two
(21 sides of the structure and the bottom of all openings shall be no high than one (1) foot above
grade. ' ' " '
°°°„° ^r"� °"-�.�.-° The automatic onenines shall have a minunum net \ of not less than one
1 s uaze inch for eve s uaze foot of enclosed azea sub�ect to floodin less a re istered
professional en ' eer or azchitect certifies that a smaller net azea would suffic The automatic
openings may be equipped with screens, louvers, valves or other coverings or de��ices, provided
that they permit the automaric entry and e�t of floodwaters without anv form of inter`�enfion.
L�
Basements,
following:
That the enclosed azea will be designed of flood-resistant materials in accordance with the FP-3 or
FP-4 classifications in the Minnesota State Building Code and shall be used solely for 6uilding
access, pazking of vehicles or stomge. ��
as defined by section 68114 �n �n� a r_.�.• •a � a, shall be subject to the�
�
625 (1) Residential basement construction shall not be allowed below the regulatory flood protecUon elevation
\
10-277
626 b
627
628
except as authorized in subsecrion �c� of this section.
(2) Nonresidential basements may be allowed below the regulatory flood-protection elevation, provided the
basement is protected in accordance with subsection (c) or (e� of this section.
62 9(c) All areas of nonresidential structures including basements to be placed below the regulatory flood protection
630 elevation shall be structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing
631 classifications in the Minnesota State Building Code. This shall require making the structure watertight, with
632 the walls, substantially impermeable to the passage of water and with structural components having the
633 capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures
63 4 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
635 (d) The storage or processing of materials that aze, in times of flooding, flammable, explosive or potentially
6 3 6 injurious to humafl animal or plant life is prohibited. Storage of other materials or equipment may be allo�ved
637 if readily removabte,from the area within the time available after a flood warning and in accordance with a
638 plan approved by the planning commission, or if elevated abov� the regulatory flood protection elevation by
63 9 alternative methods whi�h meet the requirements of subsection (a) above. Storage of bulk materials may be
640 allowed provided an erosipn/sedimentation control plan is submitted which clearly specifies methods to be
641 used to stabilize the materials on site for a regional flood event. The plan must be prepared and certified by a
692 registered professional engineer or other qualifted individual acceptable to the planning commission.
• - - - --
�.. e- - - - - - '• -
� - - - - - ' - - - -
• • - -
.� �-
648 �c� When the Federal Emergency Management_Agency has issued a Ee�iena} letter of map revision-fill
6 4 9 (ELOMR-F) for vacant parcels of land elevated by fill to the one (1) percent chance flood elevation, the area
650 elevated by fill remains subject to the provision� of this chapter. A structure may be placed on the area
651 elevated by fill with the lowest floor below the regulatory flood protection elevation provided the structure
652 meetsthefollowingprovisions:
653 (1) No floor level or portion of a structure that is belo� the regulatory flood protection elevation shall be
654 used as habitable space or for storage of any properCy, materials, or equipment that might constitute a
655 safety hazard when contacted by floodwaters. Habita�ile space shall be defined as any space in a
656 structure used for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls,
6 5 7 storage rooms, laundry or utility space, and similaz areas are'not considered habitable space.
. :
.
660
661
662
663
664
665
666
667
668
669
670
671
672
(2) For residential and nonresidential structures, 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 b�,placed at or above the regulatory
flood protection elevation. `�
b. Any area of the structure placed below the regulatory flood protecfi�n elevation shall meet the
"reasonably safe from flooding" standards in the Federal Emergeney Management Agency
(FEMA) publication entitled "Ensuring that Structures Builtd on Fill In�r Near Special Flood
Hazard Areas Are Reasonably Safe From Flooding," Technical Bulletin 10-0�, a copy of which is
hereby adopted by reference and made part of this chapter. In accordance witt�the provisions of
this chapter, and specifically section 68.384133(g), the applicant shall submit do�umentation that
the structure is designed and built in accordance with either the "Simplified `Approach" or
"Engineered Basement Option" found in FEMA Technieal Bulletin 10-01.
a If the ground surrounding the lowest adjacent gade to the struchve is not at or a6ove the
regulatory flood protection elevation, then any portion of the shucture that is below the regulatory
flood protection elevation must be floodproofed consistent with any of the FP-1 through FR-4
io-a��
floodproofmg classifica6ons found in the Minuesota State Building Code.
�
675
68.�3175. Standards for all �3 FF F7ood Fringe uses.
67 6(a)`� Yehicarlar access. All new principal structures must have dehicular access at or above an elevation not more
6 7 7 �� than two (2) feet below the regulatory flood protecfion elevation. If a variance � to this requirement
6 7 8 is�granted, ' '� " lmmitations on the period of use or occupancy of the structure
67 9 fontimes of flooding must be specified and only after determining that adequate flood warniug time and local
6 8 0 flood,emergency response procedures exist.
681 (b) Commercial uses. Accessory land uses, such as yards, railroad tracks and pazking lots may be at elevations
682 lower tlian the regulatory flood protection elevation. However, a permit for such facilities to be used by the
683 employees,or the general public shall not be granted in the absence of a flood waming system that provides
6 8�l adequate time for evacuation if the area would be inundated to a depth and velociiy such that when
68 5 mulriply�� tlie depth (in feetl times velocity (in feet per secondl the nroduct number exceeds four (4) �eateF
68 6 �,. ,..,,, i�� s 'e. ,,,. �,e ,..,�.;o,.� ,,. +,,...a .,e,,...;.:,,,. ,._o,,,e_ .,.,.., r ,,. i�, s ,.. ..�_ ,.e..,...a upon occurrence of the
687 regionalflood.
6 8 8 (c) Manufacturing and' industrial uses. Measures shall be taken to minimize interference with normal plant
689 operations. Certain accessory land uses such as yazds and pazldng lots may be at lower elevation subject to
690 requirements set out in'subdivision (b) above. In considering pernut applications, due consideration shall be
6 91 given to needs of an industry whose business requires that it be located in floodplain azeas.
692 (d) Standards per7aining to fill. x'ill shall be properly compacted and the slopes shall be properly protected by the
6 9 3 use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency
694 (FEMA) has established criteria for removing the special flood hazard area designarion for certain structures
695 properly elevated on fill above the.,one (1) percent chance flood elevation. FEMA's requirements incorporate
6 9 6 specific fill compaction and side slope protection standards for mul6structure or multilot developments. These
697 standards should be investigated priorto the initiafion of site preparation if a change of special flood hazard
6 9 8 area designation will be requested. ,
699 (e)
700
701
702
703
704 (fl
705
706
707
708
709
710
711 (g)
712
713
714
715
716
717
718
719
720
(C.F. No. 03-241, § 2, 3-26-03)
DeveZopments not to affect hydraulic capqcities. Floodplain developments shall not adversely affect the
hydraulic capacity of the channel and adjoimng floodplain of any tributary watercourse or drainage system
where a floodway or other encroachment limif has not been specified on the official zoning map. For Lake
flood elevation for any obstruction ulaced in the flood.plain.
Manufactured homes. Manufactured homes must meet all the density, setback, flood protecrion and other
requirements ���es�eat�a�-xse of the zoning code and abl requirements of the housing and building code. All
manufactured homes must be securely anchored to an a�gquately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anch��ing may include, but aze not limited to, use of
over-the-top or frame ries to grouud anchors. This
anchoring requirements for resisting wind forces.
provisions placed on subdivisions by secrion 69.510.
uirement is in addition to applicable state or local
Recreational vehicles T T�°�,'--�,-��. Recrearional vehicles T�°°�� ° �a.� shall not be used for living
quarters, and aze exempt from the provisions of ttus article er�ee if the�}? have current licenses required for
highway use, aze highway ready meaning on wheels or the intemal jacking sys�em, aze attached to the site only
by quick disconnect type ufilities commonly used in campgrounds and recrea4onal vehicle k�e� parks, and
the recreational *�°- -'�� vehicle has no permanent structural type additions attached to it.
Recreational vehicles lose this exemption when development occurs on the parcel
exceeding $500 dollars for a structural addition to the recreational �a�er/#ave3 vehicle or an� accessory
struciure such as a garage or storage building. The recrearional ��a�� ve�cle and all addifions
and accessory structures will then be treated as a new shvcture and shall be subject to`the elevation/flood
proofing requirements and use of land restricrions specified in this article e�aee. T�here shall be no
io-2��
7 62
763
704
Secrion 3
7 6 5 That L,eaislative Code Chapter 60, Sec. 60304, District boundaries intergreted, is hereby amended as follows:
766
? 67 Sec. 60.304. District boundaries interpreted.
�gg a b �
769 ' a
7 7 0 r,.,.t,.,:,..,i a..«.. :,, .�.,, ni,.,.a � c.,.a., ... „a,...«„a :.. . e,..:,.., co i n�
7 71 (fg) Where unzoned property may exist, or where public right-of-way may be realigned, or where there is any
7 7 2 uncertainty, contradiation or conflict as to the intended location of districT boundaries shown thereon,
� � 3 interpretarion concemirig the exact locarion of the district boundary lines shall be determined by resolution of
774 the city council upon recommendation by the planning commission. The commission may hold a public
7 7 5 hearing.
776
777
778
Section 4
7 7 9 That Legislative Code Chapter 72, Floodplain Management Regulations, is hereby amended as follows:
780
7 81 Chapter 72. Reserved
7 g 2 c,.,, e� ni n,.r...:a:,.....
�� - '• - - - - - -
; �.
.. '- -'- -
. •. a•.. . .. . - : •. .• :• - :• : :: - •• • - •- •• - - -
• . . .. ... . _ � �
i. " ' " " ' '
" " � • " _ "
•� �� ., . � '
791 ��,•ao in�c as��'7
7 92 Sa�. �� m�i,.,.aa ..:.. .................._.
.
. .
.
. . .. ... - • --- ' - -•
., . . .. .. '••• -. . . . .- - ' -, : _ --• . - -
' ' • - --• •• -- -• -• - •- •-•- - - • •• - '"• - - •-
.. - - - ' -• - • • - • -
. ... . . . . . . . .
.. _ _ .- - -- .. . - e"- • . • - - . . . _
��� - - - - e'
:� - - - -
:� - .
: 1 � - - -- - - '' -
.�
10-277
7 21 development or imurovement on the pazcel or attaclunent to the recreational vehicle that hinders the removal
722 �� of the recrearional vehicle to a flood free location should floodin o,_g ccur. No new commercial recreational
7 2 3 ��'aaa; �����°°� vehicle pazks shall be allowed in the � FW Floodway or � FF Flood Fringe
7 2 4 Q�cerlaY Districts.
725 (h) Pollil��on of waters. No use shall be permitted wluch is likely to cause pollution of waters, as defined in
726 Minne�ta Statutes, Sec$on 115A1., unless adequate safeguards, approved by the state pollution control
7 2 7 agency, ate provided. No new consiruction. addition or modification to e�stin sg ewaee treatment plants shall
728 be permitteil,withiu the floodplain unless em�encv plans and procedwes for action to be taken in the event
729 of f�ooding ar� prepared, filed with and approved bv the state �ollution conbrol aeency. The emergency�lans
7 3 0 and procedures�s�ust provide for measures to prevent introduction of any pollutant or tozcic materials into the
7 31 floodwaters. ��:
�_::.
732 (C.F. No. 03-241, § 2, 3-26-03�
733
734
735 �
7 3 6 That Legislative Code Chapter 60,
737
Section 2
II, 60200, General Definitions, is hereby amended as follows:
7 3 8 Sec. 60.203. B. �\,�
�� 7 3 9 n... .,� w. ��..._ �,._..:a,... n;��..... ,._� .,
7 4 0 Sec. 60.207. F.
7 41 F�'lee�- [Definirion moved to § 68.114.]
7 42 �''���� [Definition moved to § 68.114.]
7 4 3 �'lee�reeftng.
7 4 4 �Iee�ete�Fier
7 4 5 i�te-reb exa�flee
7 4 6 �'lee�-r�egiene�
7 4 7 �ar•�
748 �
749 °�
750 �
[Defrnirion moved to § 68.114.]
[Definirion moved to § 68.114.]
7 51 �lee�ai�r [DeSnirion moved to § 68.114.]
7 5 2 �ee�: [Defittition moved to § 68114.]
753 Sec.60.209. H.
moved to § 68.114.]
754 �'-'°'�°;° °'-�,^'-�° �a:,..,.. n,.....:a,,.. n:..«.:,,..,._v i (�efinirion moved to § 68114.j
7 5 5 Sec. 60.214. M.
756 "AT°•.r°'-.-°a°:M�'°r ;'.�°°":°� [Definirionmovedto§68114.]
757 Sec.60.216. O.
7 5 8 [Definition moved to § 68.114.]
759 Sec.60.219. R
7 60 �ea�l� [Definilion moved to § 68114.]
7 61 . [Definirion moved to § 68.114,]
�
10-277
806
807
808
809
810
811
812
813
814
815
816
817
818
819
820
821
822
�,
�
Yeas Nays Absent
Sostrom `/
Carter
Harris �/
Helgen �
Lantry �/
Stark ,/
Thune �
Adopted by
Council:
Adoption C�
By: �
Mayor
Requested by Department of:
Plar.ning and Economic Development
; r"' i
BY: � �����
rorm Ap P / v,e / d / y�y Cicy Attorney
B . !N ' /. � -� /(^ / (7
Date ���'" � ��
rorm Approved by Mayor��or Submission
� by Council Secretary to Coun i1 �/ �
/�,�� i
� �l �Dl� BY � �i�-� 7�1 fX�Gt-z-4
oa� ` 2-�/l� �