91-531 '`�"������� �N� ' Council File � � ?
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Green Sheet T
ORDINANCE
---- AINT PAUL, MiNNESOTA
, , � � ��
Presented By
Referred To ` Committee: Date
- ZONING CODE AMENDMENTS
An ordinance amending Chapters 60, 62, 64, 65, and 67 of the Saint Paul �
Legislative Code pertaining to the Zoning Code regarding the River Corridor.
T'he council of the city of Saint Paul does ordain:
Section 1
That Section 60.202 B of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Basement (River Corridor District only) . Any area of a structure having its
floor subgrade (below ground level) on all four sides.
Section 2
That Section 60.206 F of the Saint Paul Legislative Code be amended so as to add
the following new definition thereto:
Flood. A temporary increase in the flow or. stage of a stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Section 3
That Section 60.208 H of the Saint Paul Legislative Code be amended so as to add
the following:
Historic Structure (River Corridor District only) . Any structure that is:
(a) Listed individually 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 requiremerits for individual� listing
on the National Register; '
(b) Certified or preliminarily determined by the Secretary of
the Interior as contributing to the historical significance
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of a registered historic district or a district prelimin-
arily determined by the Secretary to qualify as a
registered historic district; or
(c) Designated by the City as a heritage preservatio:� site.
Section 4
That Section 60.215 0 of the Saint Paul Legislative Code be amended so a to add
the following new definition thereto:
Obstruction (River Corridor District only) . Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, pro,jection, excavation� channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in,
elong, across, or projecting into any channel, watercourse, or regulatory flood
plain which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Section 5
That Section 60.218 R of the Saint Paul Legislative Code be amended so as to add
the following definition thereto:
Reach. A hydraulic engineering term Co describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
Section 6
That Section 65.101 (Intent) of the Saint Paul Legislative Code is hereby amended
to read as follows:
Sec. 65.101. Intent and Pur�ose: The River Corridor District and its
subclassifications. RC-1, RC-2, RC-3 and RC-4 are map overlay districts,
designed to provide comprehensive floodplain and river bluff management for the
City of Saint Paul in accordance with the policies of Minnesota Statutes
(Chapters 104 and 116G) , Minnesota Regulations (MEQC 54) and Governor's Executive
Order No. 79-19.
It is the pur�ose of this chapterj„
� �o vrotect and preserve the Mississippi River C�rridor as a
unique and valuable resource for the benefit of the health.
safetv. and welfare of the citizens of the citv and the
state• �
,�,, �o prevent and miti,gate irreversib�e dar�age to the
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l l�ississi,ppi River Corridor:
,�
,� �o protect and preserve the Mississippi River Corridor as an
essentia�element in the federal state regional and local
recreation, transportation. sewer and water systems:
4 To maintain the River Corridor's value and utility for
�esidential commercial industrial and public purposes•
�„L �o protect and preserve the Saint Paul Mississippi River
CQ�ridor's biological and eco�ogical functions:
6 To preserve and enhance the Saint Paul Mississippi River
Corridor's aesthetic. cultural. scientific and historic
functions:
� �o guide develovment of the floodplain so as to minimize
loss of li��g�threats to health and private and,publi�
�conomic loss caused by flooding: and
$,_ '�o guide floodplain develo�ment in order to lessen the
adverse affects of floods. but not to reduce or eliminate
floodine.
Section 7
That Section 65.102 (Establishment) Subdivision (a) of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
(a) This ordinance shall apply to all lands Within the city of Saint Paul
shown on the river corridor overlay zoning district maps as being located
within the boundaries of the RC-�1 River Corridor Floodway District, RC-2
River Corridor Flood Fringe District, RC-3 River Corridor Urban Open Space
District, and RC-4 River Corridor Urban Diversified District.
Section 8
That Section 65,102 (Establishment) of the Saint Paul Legislative Code be
amended so as to add the following new subdivision (b) thereto, to renumber
present Subdivision (b) to be Subdivision (c) , and to amend new Subdivision
(c) to read as follows:
(b) The twenty-one (21) River Corridor Overlay Zoning Districts Maps� dated
July 6, 1987, tagether with all matters attached thereto, are hereby
adopted by reference and made a part of this code as if the matters and
information set forth therein were fully described herein, The attached
material shall include: (1) the Flood Insurance Study for the city of
Saint Paul prepared by the Federal Insurance Administration dated August
_ 3, 1989; (2) the Flood Insurance Rate Map� dated August 3� 1989 and
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July 2, 1991; and (3) four (4) maps entitled River Corridor Floodway
District, dated July 6, 1987.
(c)(�)Within these districts all uses not allowed as permitted uses or as
permitted uses subject to special conditions shall be and are hereby
prohibited. Legal nonconforming structures or uses existing on the
effective date of this chapter or amendment thereto will be permitted to
continue as provided in Section 62.102 and section 65.900.
Section 9
That Section 65.103 (Compliance) subdivisions (c) and (d) are hereby repealed
in their entirety and the following new subdivisions (c) , (d) , and (e) are
adopted in place thereof:
(c) A site plan shall be submitted to and approved by the planning
commission in accordance with Section 62.108 before a permit is issued
for any development on property wholly or partially located within the
River Corridor District. For any development in the RC-1 and RC-2
districts, the site plan shall include the re�ulatory flood protection
elevation; the proposed elevation of fill; the proposed elevation of the
lowest floor of new structures, altered structures, and additions to
existing structures; and the proposed elevation to which structures will
be floodproofed. -
(d) All building permits for structures proposed to be floodproofed in the
RC-1 and RC-2 districts shall be reviewed to determine whether the
structures will be adequately floodproofed.
(e) Certification. Before a certificate of occupancy is issuad for any
development in the RC-1 and RC-2 districts, the applicant shall submit
to the zoning administrator certification by a registered professional
engineer, registered architect, registered landscape architect, or
registered land surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of this ordinance.
Finished fill and building elevations shall be verified by ground
surveys. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Section 10
That Section 65.211 of the Saint Paul Legislative "Code is hereby amended to
read as follows:
Sec. 65,211. Principal uses perm;tted.
The following uses shall be permitted within the RC-1 Floodway District to the
extent that they are not prohibited by any other provisi,on of the zoning code
or other ordinancesi
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� The uses are subject to the conditions of
the underlying zoning district. to the Standards For Floodway Permitted Uses.
Section 65.212. and to the River Corridor Standards and Criteria. Section
65.400•
(1) Nonstructural industrial and commercial uses, such as open-loading
areas, parking areas, interior service roads, airport service roads and
sirport runways.
(2) Public and private recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic and camp grounds, boat
launching and beaching areas or ramps, swimming areas, parks,
playgrounds, wildlife and nature preserves, game farms, fish hatcheries,
and hiking, bicycling, horseback or recreational vehicle areas and
trails, and other open space uses.
(3) Accessory residential uses such as lawns� gardens� parking areas and
play areas.
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Section 11
That Section 65.212 (Principal uses permitted subject to special conditions)
of the Saint Paul Legislative Code is hereby repealed in its entirety and the
following adopted in place thereof:
Section 65.212 Standards For Floodway Permitted Uses
Permitted uses in the Floodway District are subject to the following
standards:
(1) The use ahall not significantly obstruct flood flows or significantly
increase flood elevations and shall not involve structures� fill,
obstruction, excavations, or storage of materials or equipment.
(2) The use shall have a low flood damage potential.
(3) The use shall not adversely affect the hydraulic capacity of the channel
__ or floodway or any tributary to the main stream or of any ditch or other
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drainage facility or system. •
(4) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01� unless adequate
safeguards� approved by the state pollution control agency� are
provided.
Section 12
That Section 65.213 (Standards for floodway conditions uses) of the Saint Paul
Legislative Code is hereby repealed in its entirety and the following adopted
in place thereof:
Section 65.213 Permitted Uses Subject To Special Conditions
The following uses shall be permitted within the RC-1 Floodway District to the
extent they are not prohibited by any other provision of the zoning code or
other ordinanc�s. The uses shall be permitted only upon the application and
issuance of a conditional use permit by the planning commission. The uses are
sub�ject to the conditions of the underlying zoning district, to the Standards
for Floodway Conditions Uses, Section 65.214, and to the River Corridor
Standards and Criteria, Section 65.400.
(1) Railroads, highways, streets, alleys, access roads, bridges, sewers, �
utilities, utility transmission lines, and pipe lines.
(2) Marinas, boat rentals, docks, piers, mooring anchors, wharves, water
control structures, and navigation facilities.
(3) Storage yards or areas for equipment, machinery or bulk materials.
(4) Structures accessory to permitted uses, Section 65.212, or conditional
uses of this section.
(S) Placement of fill.
• (6) Structural works for flood control such as lavees, dikes, and floodwalls
constructed to any height where the intent is to protect individual
structures.
Section 13
That Section 65.214 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.214 Standards For Floodway Conditional Uses.
Conditional uses in the Floodway District are sub�ect to the following �
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standards:
(1) No structure, (temporary or permanent) � fill deposit, (including fill
for roads and levees) , obstruction, storage of materials or equipment,
or other use may be allowed which will cause an increase in the height
of the regional flood or cause an increase in flood damages in the reach
or reaches affected,
(2) Fill shall be protected from erosion by vegetative cover, mulching,
riprap, or other acceptable method.
(3) Accessory structures shall �not be designed for human habitation.
(4) Accessory structures shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of flood waters.
a, Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow, and,
b. So far as practicable, structures shall be placed approximately on
the same flood flow lines as those of adjoining structures.
(5) All accessory structures must be elevated on fill so that the lowest
floor, including basement floor, is at or above the regulatory flood
protection el�vation. The finished fill elevation for accessory
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the £ill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(6) As an alternative to elevation on fill� accessory structures may be
structurally dry flood proofed in accordance with the FP-1 or FP-2 flood
proofing classification in the State Building Code or flood proofed to
the FP-3 or FP-4 £lood proofing classification. in the State Building
Code provided the accessory structure constitutes a minimal investment,
does not exceed 500 square feet in size, and for a detached garage, the
detached garage must be used solely for parking of vehicles and limited
storage. All flood proofed accessory structures must meet the following
additional standards, as appropriate:
a. The structure must be adequately anchored to prevent flotation�
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
and
b. Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed.
_ (7) Storage of materials or equipment may be allowed if readily remov-
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able from the area within the tiwe available after a flood warning
and in accordance with a plan approved by the planning commission.
(8) Structural works for flood control that will change the course, current
or cross section of protected wetlands, or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 105. Community-
wide structural works for flood control intended to remove areas from
the regulatory flood plain shall not be allowed in the floodway.
(9) A levee, dike or floodwall constructed in the floodway shall not cause
an increase to the regional flood and the technical analysis must assume
equal conveyance or storage loss on both sides of a stream.
(10) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes, Section 115.01, unless adequate
sa£eguards, approved by the state pollution control agency, are
provided.
Section 14
That Section 65.221, (Principal uses permitted) � of the Saint Paul Legislative
Code is hereby repealed in its entirety and the following adopted in place
thereof:
Section 65.221 Principal Uses Permitted
Permitted uses in the RC-2 Flood Fringe District shall be those uses of land
or structures listed as permitted uses in the underlying zoning district,
except that mining, extraction operations, the disposal of waste materials,
and landfills, shall not be permitted. The uses are subject to the conditions
of the underlying zoning district, to the Standards for Flood Fringe Permitted
Uses, Section 65.222, to the Standards for All Flood Fringe Uses, Section
65.225, and River Corridor Standards and Criteria, Section 65.400.
Section 15
That Section 65.222, (Standards for flood fringe uses) � is hereby repealed in
its entirety and the following adopted in place thereof:
Section 65.222 Standards For Flood Fringe Permitted Uses.
Permitted uses in the F1ood Fringe District are subject to the following
standards:
(1) All structures, including accessory structures, must be elevated on fill
so that the lowest floor including basement floor is at or above the
regulatory flood protection elevation, The finished fill elevation for
structures shall be no lower than one (1) foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
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at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
(2) As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square fee
for the outside dimension at ground level may be internally flood
proofed in accordance with Section 65.214(6) .
(3) The cumulative placement of fill where at any one time in excess of one-
thousand (1�000) cubic yards of fill is located on the parcel shall be
allowable only as a Conditional Use� unless said fill is specifically
intended to elevate a structure in accordance with subdivision (1) of
this section.
(4) The storage of any materials or equipment shall be elevated on fill to
the regulatory flood protection elevation.
Section 16
That Section 65.223, (Principal uses permitted subject to special conditions) ,
is hereby repealed in its entirety and the following adopted in� place thereof:
Section 65.223
Principal Uses Permitted Subject To Special Conditions.
The following uses shall be permitted within Che RC-2 Flood Fringe District to
the extent they are not prohibited by any other provision of the zoning code
or other ordinances, except that mining, extraction operations, the disposal
of waste materials, and landfills shall not be permitted. The use shall be
permitted only upon the application and issuance of a conditional use permit
by the planning commission. The uses are subject to the conditions of the
underlying zoning district, to the Standards for Flood Fringe Conditional
Uses, Section 65.224, to the Standards for All Flood Fringe Uses, Section
65.225, and to the River Corridor Standards and Criteria Section 65.400.
(1) Any structure that is not elevated on fill or flood proofed in
accordance with Section 65.222 (1) or (2) .
(2) Any us� of land that does not comply with the standards in Section
65.222 (3) or (4) .
(3) Sewage treatment plants.
Section 17
That Section 65.224, (Standards for flood fringe conditional uses) , of the
Saint Paul Legislative Code is hereby added to read as follows:
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Section 65.224 Standards For Flood Fringe Conditional Uses.
Conditional uses in the Flood Fringe District are subject to the following
conditions:
. (1) Alternative elevation methods other than the use of fill may be utilized
to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck
under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structure's basement or lowest floor if: 1) the
enclosed area is above-grade on at least one side of the structure; 2) is
designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles� building access or
storage. The above-noted alternative elevation methods are sub�ect to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the State Building Code and� specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities must be at or above the
regulatory flood protection elevation or be designed to prevent
flood water from entering or accumulating within these components
during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
i. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one-foot above grade.
Openings may be equipped with screens, louvers, valves, or
other coverings or devices provided that they permit the
automatic entry and exit of flood waters. �
ii. That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used
solely for buildfng access, parking of vehicles or storage.
(2) Basements, as defined by Section 60.202 B for this river corridor code,
shall be sub,ject to the following: '
a. Residential basement construction shall not be allowed below the .
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regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry and flood proofed in accordance with subdivision (3) of this
section.
(3) All areas of non-residential structures including basements to be placed
below the regulatory flood protection elevation shall be structurally
dry flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the State Building Code. This shall require making
the structure watertight with the walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proo£ed to the FP-3 or FP-4 classification
shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill is located on a
parcel for such activities as landscaping, roads, or construction of
flood control works, an erosion/sedimentation control plan must be
subrnitted. The plan must clearly specify methods to be used to
stabilize the fill on site for a regional flood event. The plan must
be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the planning commission.
(5) Structures may be constructed below the �regulatory flood
protection elevation provided they are protected from 100-year floods by
a dike, levee, or floadwall.
(6) Storage of material and equipment shall be subject to the following:
a. Storage of materials or equipment, including materials that are
flammable, explosive, or potentially in,jurious to human, animal,
or plant life, may be allowed if:
(i) readily removable from the area within the time
available after a flood warning system and in
accordance with a plan approved by the planning
commission; or
(ii) flood-proofed according to the state building
code; or
(iii) elevated above the regulatory flood protection
elevation by alternative methods which meets the
requirements of Section 65.224 (1) ; or
(iv) protected by a dike, levee, or floodwall.
�, b. Storage of bulk materials may be allowed provided an
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erosion/sedimentation control plan is submitted which clearly
specifies methods to be used to stabilize the materials on site
for a regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified
individual acceptable to the planning commission.
(7) No new construction� addition or modification to existing sewage
treatment plants shall be permitted within the floodplain unless
emergency plans and procedures for action to be taken in the event of
flooding are prepared, filed with and approved by the Minnesota
Pollution Control Agency. The emergency plans and procedures must
provide for measures to prevent introduction of any pollutant or toxfc
material into the floodwaters.
Section 18
That Section 65.225, (Standards for all flood fringe uses) , of the Saint Paul
Legislative Code is hereby added to read as follows:
Section 65.225 Standards For All Flood Fringe Uses.
All uses in the Flood Fringe District are sub�ect to the following standards:
(1) All new principal structures must have vehicular access a� or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation. If a modifications to this requirement is
granted, the planning commission must specify limitations on the period
of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood
emergency response procedures exists.
(2) Commercial Uses. Accessory land uses, such as yards� railroad tracks,
and parking lots may be at elevations lower than the regulatory flood
protection elevation. However, a permit for such facilities to be used
by the employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth greater than two
(2) feet or be sub�ect to flood velocities greater than four (4) feet
per second upon occurrence of the regional flood.
(3) Manufacturing and Industrial Uses. Measures shall be taken to minimize
interference with normal plant operations. Certain accessory land uses
such as yards and parking lots may be at lower elevation sub,ject to
requirements set out in subdivision (2) above. In considering permit
applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
(4) Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has established
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criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood
elevation. FEMA's requirements incorporate specific fill compacCion and
side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area
designation will be requested.
(5) Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the official zoning map.
(6) Manufactured homes must meet all the density, setback, and other
requirements for residential use of the zoning code and all requirements
af the housing and building cade. Travel trailers shall not be used for
living quarters.
(7) No use shall be permitted which is likely to cause pollution of waters,
as defined in Minnesota Statutes� Section 115.01� unless adequate
safeguards� approved by the state pollution control agency� are
provided.
Section 19
That Section 65,300, (Public Utilities, Railroads, Roads, and Bridges) , is
hereby added to read as follows:
Article III. 65,300
Public Utilities, Railroads, Roads, and Bridges
Section 65.301 Public utilities, railroads, roads, and bridges.
(1) Public Utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood
plain shall be flood-proofed in accordance with. the State Building Code
or elevated to above the regulatory flood protection elevation.
(2) Public Transportation Facilities. Railroad tracks, roads, and bridges
to be located within the flood plain shall comply with Sections 65.210
and 65.220 of this Ordinance. Elevation to the regulatory flood
' protection elevation may be required by the planning commission where
failure or interruption of these transportation facilities would result
in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or suxiliary
roads or rail roads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger
the public health or safety.
(3) On-site Sewage Treatment and Water Supply Systems. Where public
utilities are not provided: 1) On-site water supply systems must be
_ designed to minimize or eliminate infiltration of flood waters into the
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systems; and 2) new or replacement on-site sewage treatment systems must
be designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters and they
shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system designed in accordance with the
State's current statewide standards for on-site sewage treatment systems
shall be determined to be in compliance with this Section.
Section 20
That Section 65.411 (Protection of shorelands, wetlands and bluffs)
subdivisions (b)(2) (placement of structures) and (c)(3) (grading and filling)
are hereby repealed in their entirety.
Section 21
That Section 65.413 (Protection of water quality) subdivision (c)(7) is hereby
added to read as follows:
(7) Plans shall be submitted to the planning commission for any development
placed landward from dikes, floodwalls, or levees which is below the
flood protection elevation of the dikes, floodwalls or levees. The
plans must provide measures to ensure that floodwaters do not back up
onto the development from storm water drainage systems.
Section 22
That Section 65.506 (Subject to appeal) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Section 65.506, Sub,ject to appeal.
All decisions by the planning comrnission or planning administrator granting or
denying a conditional use permit shall be final sub,ject to appeal to the city
council - -..�, :---' ���-:�, in accordance with Section 64.206.
Section 23
That Section 65.501 (Application) of the Saint Paul Legislative Code is her2by
amended to read as follows:
Section 65.501. Application.
Conditional use permits shall be issued by the planning commission, except
that the planning commission may delegate suthority to issue conditional use
permits to the planning administrator according to rules which the commission
may prescribe. Such rules will be filed with the office of the city clerk.
Applications shall be submitted to the planning administrator together with
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application fee in the amount determined by the city council. Upon receipt of
an application� the planning administrator shall determine whether to require
any or all of the following €e�{.1,.} s x 6 items of information supplied by -
the applicant as a prerequisite to the consideration of the application:
(1) Plans in triplicate drawn to scale prepared by and signed by a
registered engineer� architect and/or land surveyor as applicable,
showing the nature, location, dimensions and elevation of the land;
existing surface contours, structures, streets and utilities; proposed
surface contours, structures, fill and the location and elevations of
proposed streets, water supply, sanitary facilities and other utilities
showing the relationship of the above to the channel and to the
designated River Corridor District limits.
(2) Specific�tions for buildin� construction and materials flood-proofine
��1�.in�r, dredging r� adin� channel improvements storage gf Qaterials
water supplv. and sanitar�facilities.
(2)�Typical valley cross-sections of areas to be occupied by the proposed
development showing the channel of the stream, elevation of land areas,
high water information, vegetation and soil types.
{-3-}�Plan (surface view) of the proposed development showing the proposed use
or uses of the area and structures and providing location,, relationships
and spatial arrangements of those uses and related structures to
pertinent elevations, fill, storage location, utilities and other
features.
{-1f-}�,Profile showing the slope of the bottom of the channel and flow lines of
the stream.
(6) A written evaluation bv a re�,istered engineer or other expert person or
�gencv of the vroposed project in relationship to flood heights and
velocities. the seriousness of flood damage to the use. the adeauacv o£
plans for flood protection, and other technical matters.
Section 24
That Section 65.509 of the Saint Paul Legislative Code is hereby added to re9d
as follows:
Section 65.509 Notice of increased insurance costs.
The planning administrator shall notify all applicants who propose to
construct a structure, other than an accessory structure, below the regulatory
flood protection elevation, as specified in Sections 65.224 (1) , (2) , or (3)
that:
,,V 1) The issuance of a conditional use permit to construet a structure below
15
',;-}, � r �'i-�.��
�` ` '�,�`�I�'+;1''�4,�_
the regulatory flood protection elevation will result in increased premium
rates for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) such construction below the regulatory flood protection
elevation increases risks to life and property. Such notification shall be
maintained with a record of the conditional use. The planning administrator
shall report such conditional uses issued in the biennial report submitted to
the administrator of the National Flood Insurance Pro�ram.
Section 25
That Section 65.60p (Appeal) of the Saint Paul Legislative Code is hereby
repealed in its entirety.
Section 26
That Section 65.650 (Modifications) of the Saint Paul Legislative Code is
hereby amended to read as follows:
Sec. 65.650. Modifications.
(a) The planning commission is hereby authorized to �eee� grant
modifications to the provisions of this chapter where it appears that by
reason of exceptional circumstances the strict enforcement of this
chapter would cause undue hardship and strict conformity ;With the
standards would be unreasonable, impractical and not feasible under the
circumstances. The_burden of proof shall rest with the applicant to
demonstrate conclusively to the commission that such modification wfll
not result in a hazard to life or proper.ty and will not adversely affect
the safety, use or stability of a public way, slope or drainage channel,
or the natural envirorunent; such proof may include soils, geology and
hydrology reports which shall be signed by registered professional
engineers. Modifications granted by the planning commission shall be
consistent with the general purposes of the standards contained in this
chapter and state laws and the intent of applicable state and national
lays and programs. Although modifications may be used to modify
permissible methods of flood protection� no modification shall have the
effect of allowing in any district uses prohibited in that district,
permit a lower degree of flood protection than the flood protection
• elevation for the particular area, or permit a lesser degree of flood
. • protection than required by state law. Appeals from the decision of the
planning commission may be taken to the city council in accordance with
Section b�8� 64.206. Applications for modification shall be filed
together with the required fee with the planning administrator.
�b) Notwithstanding anv other grovision of this river corridor code
�,L,od;fications m� be g,rantgd �or the re�air or rehabilitation of
historic struct�res upon a determination that the repair or
rp�+abilitatiQn will not v�gFlude the structure's continued desienation
�s a historic structure, the modification is the minimum necessary to
16
���G���. 9�-.�-��
preserve the historic character and design of the structure and the
;gpair or rehabilitation will not cause a significant increase in the
height of the regional flood�
{-�}(c)A copy of the application for a modification shall be submitted to the
commissioner of natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days' notice of the planning
couimission hearing. A copy of all decisions granting modifications
shall be forwarded to the commissioner of natural resources within ten
(10) days of such action.
Section 27
That Section 65.700 (Amendments) is hereby amended to read as follows:
Section 65.700 Amendments
,�, gll amendments shall be made in the manner set forth in Minnesota
Statutes. Section 462.357. The floodplain designations established by
this chapter shall not be removed from floodplain areas unless it can be
shown that the designation is in error or that the areas are filled to
an elevation at or above the flood protection elevation and are
contiguous to other lands lying outside the floodplain district.
Special exceptions to this rule may be permitted by the commissioner of
natural resources if he determines that, through other mea,sure, lands
are adequately protected for the intended use.
1. ti. a . r,...«ti, r ea s �..
�i-1�—$}R2{3f�HF2�!�-6—vrrv-�—v�mcv��A �i.�i—�svc—rvx e:r s i�-x s x i�i:v v v a a
S�&�t��es, see�#en 46� �`�7; ...� ,.�...,ii ti.,, ..i.....���,.a ..,, .4,,. ...�,...�..
!!!�'rsv'�kl$� ....7 •1... L•...i..,�...1 T�.........�..... A.i...t..S...t....at.... F....
..L...9,. ..1 ..�.. a,. ...i....a�.... 1..:.—*�.e__i_�. ..1 1
(�) All amendments to this Ordinance including amendments to the R�ver
Corridor Overlav Districts maus. must be submitted to and approved by.
rt,P Commissioner of Natural Resources prior to adoption Changes to the
RC-1 and RC-2 maps must meet the Federal Emergency Management Agenc�,'s,
SFEMA) Technical Conditions and Criteria and must receive prior FEMA
�pp�oval before adoption The Commissioner of Natural Resources must be
g�,ven 10-days written notice of a11 hearings to conside� an amendment to
the Ordinance and said notice shall include a draft of the ordinance
amendment or technical studv under consideration.
Section 28
That Section 65.800 of the Saint Paul Legislative Code is hereby added to read
as follows:
Section 65.800 Administration
(a) Record of Elevation of Lowest Floor and Flood Proofing. The zoning
administrator shall maintain a record of the elevation of the lowest
17
ta� � r ���-. ��"J�' ��
floor (including basement) of all new structures� altered structures, or
additions to existing structures in the flood plain. The zoning
administrator shall also maintain a record of the elevation to which all
new structures and alterations or additions to structures are flood
proofed.
(b) SCate and federal permits. Applicants for special condition use
permits, modifications, and site plan review approval are responsible
for obtaining all necessary state and federal permits.
(c) Warning and Disclaimer of Liability. This ordinance does not imply that
areas outside the flood plain districts or land uses permitted within
such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Saint
Paul or any officer or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative decision
lawfully made thereunder.
(d) Severability. If any section, clause� provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of
competent ,jurisdiction, the remainder of this ordinance shall not be
affected thereby.
Section 29
That Section 65.900 of the Saint Paul Legislative Code is hereby added to read
as follows:
. Section 65.900 Floodplain non-conforming structures.
Non-conforming use of structures and land and non-conforming structures shall
be subject to the provisions of Section 62.102 and to the following
regulations:
(1) A structure which was lawful before the passage or amendment of this
ordinance but which is not in eonformity with .the provisions of this
ordinance may be continued subject to t'he following conditions:
(a) No structure shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
(b) Any alteration or addition to a nonconforming structure which '
would result in increasing the flood damage potential of that
structure or use shall be protected to the regulatory flood
protection elevation in accordance with any of the elevation on
fill or flood proofing techniques (i.e. , FP-1 through FP-4, flood
proofing classifications) allowable in the State Building Code,
except as further restricted in (c) below.
(c) The cost of any structural alterations or additions to any
18 -�
����.��. 9i-s 3 �
nonconforming structure over the life of the structure shall not
exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all
structural alterations and additions constructed since January 28,
1982, must be calculated into today's current cost which will
include all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost of all
previous and proposed alterations and additions exceeds 50 percent
of the current market value of the structure, then the structure
must meet the standards of Section 65.210 or 65.220 of this
Ordinance for new structures depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
(d) When the use of a nonconforming structure is discontinued or
ceases to exist for three hundred sixty-five (365) days, the
nonconforming structure shall not thereafter be reused until the
nonconforming structure is made conforming to the flood protection
measures of this ordinance, unless the planning commission,
pursuant to a public hearing, finds that the nonconforming
structure cannot reasonably or economically be made into a
conforming structure and that reuse of the nonconforming
structure is consistent with the public health, safety, morals,
and general welfare of the community and is consistent with the
reasonable use and enjoyment of adjacent property.
(e) If any nonconforming structure is destroyed by any means,
including floods, to an extent of SO percent or more of its market
value at the tiwe of destruction, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new structures in Sections
65.210 or 65.220 will apply depending upon whether the structure
is in the Floodway or Flood Fringe, respectively.
Section 30
That Section 65.950 of the Saint Paul Legislative Code is hereby added to read
as follows: •
Section 65,950. Areas Protected by Dikes, Levees,
and Floodwalls
Areas which the Federal Emergency Management Agency has removed from the
floodplain through a revision to the F1ood Insurance Rate Map or a Letter of
Map Revision because the areas are protected by a dike, levee, or floodwall
shall be exempt from the flood protection regulations of this code.
Section 31
That Section 62.102 (Nonconforming lots, nonconforming uses of land, non-
-- 19
"1 =� __ �,� 9i-.s,�/
conforming structures and nonconforming uses of structures and premises)
subdivision (d)(2)Nonconfortning structure with conforming use) is hereby
amended to read as follows:
(2) Should.such structure be destroyed by any means to an extent of
more than sixty (60) percent of its replacement cost� exclusive of
the foundation� at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this
code.
=n ��e e�se e� �he ���ve� 6A��#�e�, :� _ ,.�. ..�....,,�..�..
a � a ti. .. . � � .-�....� �e F�., i cn�
� � � +
Pe�een� e€ ��s �a��Ee� �ra��e e� *-1,1. s-�m°--�c -'���°..�.:,. :.. ,.,�..,,
ne� �e �eee�s���e�e� @3E68p� �.. ..�,.,�_:,.,. ...�t�,_t,.., ..;..�,. ..F
t�e--es�e-r
Section 32
That Section 62.102 (Non-conforming lots, nonconforming use of land,
nonconforming uses of structures and premises) subdivision (h) (Ma�or
alterations) is hereby repealed in its entirety.
Section 33
That Section 64.205 (Divisions by the Board of Zoning Appeals) paragraph (e)
is hereby added to read as follows:
(e) A copy of administrative appeals concerning the River
Corridor Districts shall be submitted to the commissioner of
natural resources sufficiently in advance so that the
commissioner will receive at least ten (10) days notice of
the board's hearing. A copy of all decisions granting
administrative appeals shall be forwarded to the
commissioner of natural resources within ten (10) days of
such action. •
Section 34
That $ection 64.101 (Duties of Zoning Administrator) paragraph (e) of the
Saint Paul Legislative Code is hereby repealed in its entirety.
. Section 35
That Section 67.504 (Drainage and storm sewers) subdivision (f) Areas of poor
drainage of the Saint Paul Legislative Code be amended so as to add the
following new clause (5) thereto:
20 _
��,���:� �/-.5,3/
� (5) For all subdivisions in the RC-1 Floodway District and RC-2 Flood Fringe
District:
(a) The subdivision and the individual lots shall have road access no
lower than two (2) feet below the regulation flood protection
elevation.
(b) The floodway and flood fringe district boundaries, the regulatory
flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision drawings
and documents.
(c) The Federal Emergency Managament Agency (FEMA) has established
criteria for removing the special flood hazard area for certain
structures properly elevated on fill above the 100-year flood
elevations. FEMA's requirements incorporate specific fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of special
flood hazard area designation will be requested.
Section 36
That Section 65.233 (Standards for urban open uses) is hereby amended by
adding new subdivision (d) to read as follows:
Section 65.233. Standards for urban open uses.
(a) Development shall be limited to forty (40) feet in height.
(b) The development of new and expansion of existing commercial and
industrial uses shall only be on lands which are on the landward
side of blufflines.
(c) Mining and extraction operations shall not be permitted.
� No use shall be vermitted which is likely to cause pollution o£
water. as defined in Minnesota Statutes. Section 115.01. unless
adequate safeguards. apgroved b,y the state pollution control
�gencv, are provided. �
Section 37
That Section 65.243 is re-numbered to 65.244 and a new Section 65.243 is added
to read as follows:
Section 65.243. Standards for urban diversified uses.
No use shall be permitted which is likely to cause pollution of waters, as
defined in Minnesota Statutes, Section 115.01, unless adequate safeguards,
`- 21
����►��VA� �i - s� i
approved by the state pollution control agency, are provided.
Section 38
That the River Corridor Overlay Zoning District maps, as incorporated by
reference in Section 65.102 of the Saint Paul Legislative Code, are hereby
amended as follows: (1) the lands along Kellogg Boulevard east of Wall
Street are re�oned from RC-2 to RC-4 as shown on Maps 11 and 12; (2) the
berna north of the Waste Treatment Plant is rezoned from RC-4 to RC-2 and all
of the Waste Treatment Plant which is surrounded by the protective levee is
rezoned to froa RC-2 to RC-4, as shown on Maps 12, 15, 16, and 18; and (3) the
half-moon shaped portion of the Island Station property is rezoned from RC-4
to RC-2� as shown on Map 7. The amended maps accompany and are a part of this
ordinance.
Section 39
This ordinance shall take effect and be in force thirty (30) days from and
after its passage, approval, and publication.
Yeas N s Absent
ri�mm
�on�� r n /
� Requested by Department of:
acM c e
�et�man
ufi�ne— —�_ Pla in and Economic Deve o ment
iA'Z'sori �`
C� BY�
Adopted by Council: Date MAY (j � 3 Form App ed by City Attorney
Adoption C d by C Sec etary By: -ZZ�f3,
By: /
� � n� Appr v by a3►� r ubmission to
Approve y a or: D �l Coun
By: B
' 22
� MAY 15 '93