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HomeMy WebLinkAboutOrdinance 886ORDINANCE NO. 886 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, Passed June 21, 1977, ESTABLISH- ING FLOOD PLAIN MANAGEMENT The City Council of the City of Columbia Heights Does Ordain: Section 1: Chapter 9, Land Use, Article III, Flood Plain Management, currently reserved, of Ordinance No. 853, City Code of 1977, passed June 21, 1977, is amended to read as follows: "SEC/ION 1 9. 301 (1) 9. 301 (3) SECTION 2 9. 302 (1) 9. 302 (2) 9. 302 (3) FINDINGS OF FACT, METHODS, AND PURPOSE The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and gen- eral welfare. Methods used to analyze flood hazards - this Article is based upon a rea- sonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. Statement of Purpose - it is the purpose of this Article to promote the public health, safety, and general welfare and to minimize those losses described in 9.301 (1) by provisions contained herein. GENERAL PROVISIONS Lands to Which Ordinance Applies - this Ordinance shall apply to all lands within the City shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Dis- tricts. Establishment of Official Zoning Map - The Official Zoning Map together with all explanatory materials thereon, and attached thereto is hereby adopted by reference and declared to be a part of this Ordinance. The ex- planatory material shall include the Flood Insurance Study for the City pre- pared by the Federal Insurance Administration dated March, 1978, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on file in the Office of the City Clerk. Regulatory Flood Protection Elevation - The Regulatory Flood Protection Ele- vation shall be an elevation no lower than one-half foot above the elevation of the regional flood plus any increases in flood elevation caused by en- croachments on the flood plain. 9.302 (4) 9. 302 (5) 9. 302 (6) 9. 302 (7) 9. 302 (8) (a) (b) The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one-half foot to the Base Flood Water Surface Elevations With Floodway listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross-sections shall be interpolated. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered pro- fessional engineer in accordance with procedures in 9.311(4)(f). Interpretation: (a) In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on the applicable base flood water surface elevation data contained in the flood insurance study, subject to appeal to the City Council in the man- ner provided for conditional uses. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit technical evidence if he so desires. Compliance - No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regula- tions which apply to uses within the jurisdiction of this Ordinance. Abrogation and Greater Restrictions - It is not intended by this Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article imposes greater restrictions, the provisions of this Article shall prevail. All other Ordinances incon- sistent with this Article are hereby repealed to the extent of the incon- sistency only. Warning and Disclaimer of Liability - This Article 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 or any officer or em- ployee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder. Definitions - Unless specifically defined below, words or phrases used in this Article shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Article its most rea- sonable application: - 2- (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Equal Degree of Encroachment - a method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach. Flood - a temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood Frequency - the average frequency, statistically determined, for which it is expected that a specific flood state or dis- charge may be equalled or exceeded. Flood Fringe - that portion of the flood plain outside of the flood- way. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. Flood Plain - the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. Flood Proofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway - the channel of the watercourse and those portions of the adjoining flood plans which are reasonably required to carry and discharge the regional flood. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, water- course, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Reach - a hydraulic engineering term to describe a longitudinal seg- ment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typi- cally constitute a reach. Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average- frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonymous with the term base flood used in the Flood Insurance Study. - 3- (i) Structure - anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, fac- tories, sheds, cabins, mobile homes, and other similar items. SECTION 3 9.303 (1) 9.303 (2) 9.303 (3) 9.303 (4) SECTION 4 9.304 (1) 9.304 (2) ESTABLISHMENT OF ZONING DISTRICTS The flood plain areas within the jurisdiction of this Ordinance are hereby divided into three Districts: Floodway District (FW), Flood Fringe Dis- trict (FF), and General Flood Plain District (GFP). Floodway District - The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. Flood Fringe District - The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study. General Flood Plain District - The General Flood Plain District shall include those areas designated as unnumbered A Zones by the Flood In- surance Rate Map. The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts all uses not allowed as permitted uses or permissable as conditional uses are prohibited. FLOODWAY DISTRICT Permitted Uses - the following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other Ordinance and provided they do not require structures, fill, or storage of materials, or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. (a) (b) (c) Agricultural uses such as general farming, pasture, grazing, out- door plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launch- ing ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horse- back riding trails. (d) Residential uses such as lawns, gardens, parking areas, and play areas. Conditional Uses - The following open space uses require accessory struc- tures (temporary or permanent), or fill or storage of materials or equip- ment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in 9.311(4) of this Ordi- nance. These uses are also subject to the provisions of 9.304(3) which applies to all floodway Conditional Uses. -4- 9. 304 (3) (a) Structures accessory to open space; (b) Placement of fill; (c) Extraction of sand, gravel and other materials; (d) Marinas, boat rentals, docks, piers, wharves, and water control structures; (e) Railroads, streets, bridges, utility transmission lines and pipelines; (f) Storage yards for equipment, machinery or materials; (g) Other uses similar in nature to uses described in 9.304(1) and 9.304(2) which are consistent with the provisions set out in 9.301 and 9.304. Standards for Floodway Conditional Uses: (a) Ail Uses - no structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be al- lowed as Conditional Uses which, acting alone or in combina- tion with existing or reasonably anticipated future uses, ad- versely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in 9.311(4)(h) and the following standards (9.304(3)(b) - 9.304(3)(f)). (b) Fill (i) Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct a Conditional Use listed in 9.304(2). Generally fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters. (ii) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accord- ance with (i) of this section. (iii) Fill shall be protected from erosion by vegetative cover. (c) Accessory Structures (temporary or permanent) permitted as Conditional Uses by 9.304(2)(a): (i) Accessory structures shall not be designed for human habi- tation; (ii) Accessory structures shall have a low flood damage potential; (iii) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruc- tion to the flow of flood waters. Whenever possible, struc- tures shall be constructed with the longitudinal axis parallel -5- SECTION 5 9. 305 (1) 9.305 (2) to the direction of flood flow, and, so far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures; (iv) Accessory structures shall be flood proofed in accordance with the State Building Code. (d) Storage of materials and equipment: (i) The storage of processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. (ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood warning. (e) Structural work for flood control - Structural works for flood con- trol such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance of a Conditional Use Permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1976, c. 105, and other appli- cable statutes. FLOOD FRINGE DISTRICT (FF) Permitted Uses - the following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other Ordinance: (a) Any use permitted in 9.304(1); (b) Accessory structures provided they comply with the provision of 9.304(3)(c) of this Ordinance; (c) Residence and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regu- latory flood protection elevation and shall extend at such eleva- tion at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip rap or vegetative covering. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. Conditional Uses - other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit as pro- vided in 9.311(4) of this Ordinance and subject to the following provi- sions: (a) Residences - where existing streets, utilities and small lot sizes preclude the use of fill, other methods of elevating the first -6- 9. 305 (3) SECTION 6 9. 306 (1) 9.306 (2) (b) floor (including basements) above the regulatory flood protection elevation may be authorized provided that the residence is flood proofed in accordance with the State Building Code. Other Structures - commercial, manufacturing and industrial struc- tures shall ordinarily be elevated on fill so that their first floor (including basement) is above the regulatory flood protection elevation but may in special circumstances be flood proofed in ac- cordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood proofed to FP-3 or FP-4 classification shall not be permitted. Standards for Flood Fringe Uses: (a) Residential Uses - residences that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. (b) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regu- latory Flood Protection Elevation. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. (c) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations sub- ject to requirements set out in 9.305(3)(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. GENERAL FLOOD PLAIN DISTRICT Permitted Uses - permitted uses shall include those uses permitted by 9.304(1) of this Ordinance. Conditional Uses - all other uses are Conditional Uses and are permitted only upon the issuance of a special permit as provided in 9.311(4). The General Flood Plain District includes both floodway and flood fringe areas. Based on procedures in 9.311(4)(f), the City Council shall deter- mine whether the proposed use is in the floodway or flood fringe. If it is determined that the use lies in the floodway, the provisions of 9.304 of this Ordinance shall apply. If it is determined the proposed use lies in the flood fringe, the provisions of 9.305 of this Ordinance shall apply. - 7- SECTION 7 9.307 SECTION 8 9. 308 (1) 9. 308 (2) SECTION 9 9. 309 (1) 9. 309 (2) 9. 309 (3) SUBDIVISIONS No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, or inadequate water supply or sewage treatment facilities. All lots within the flood plain dis- tricts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage dis- posal facilities that comply with the provisions of this Ordinance and have road access no lower than two feet below the regulatory flood pro- tection elevation. In the General Flood Plain District, applicants shall provide the information required in 9.311(4)(f) and the subdivision shall be evaluated in accordance with procedures therein. Ail subdivi- sions are additionally subject to the provisions of 9.401, et seq., of this Code. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES 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. Railroads, Roads and Bridges - railroad tracks, roads and bridges to be located within the floodway shall comply with 9.304(3)(a) and 9.304(3)(b) of this Article. In all flood plain districts, elevation to the regula- tory flood protection elevation shall be provided where failure or in- terruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or rail- roads ~ay be constructed at a lower elevation where failure or interrup- tion of service would not endanger the public health or safety. MOBILE HOMES AND MOBILE HOME PARKS New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions placed on subdivisions by 9.307. Mobile homes in existing mobile home parks that are located in flood plain districts may be replaced only if in compliance with the follow- ing conditions: (a) The mobile home lies in the Flood Fringe District; (b) (c) The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations MoH 450; The mobile home owner or renter is notified that the'mobile home site lies in the flood plain and may be subject to flood- ing; (d) The mobile home park owner develops a flood emergency plan con- sistent with the time available after a flood warning. Individual mobile homes not located in mobile home parks may be per- mitted if allowed by other applicable ordinances and if they comply with the provisions of 9.305(1)(c). - 8- SECTION 10 9. 310 (1) 9. 310 (2) 9. 310 (3) SECTION 11 9.3~1 (1) 9. 311 (2) WATER SUPPLY AND wASTE DISPOSAL Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. Within flood-prone areas, new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems in flood waters. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. ADMINISTRATION Zoning Administration - the Zoning Administrator shall administer and en- force this Ordinance. If he finds a violation of the provisions of this Ordinance, he shall notify the person responsible for such violation, indi- cating the nature of the violation, and ordering the action necessary to correct it. Use Permit: (a) Use Permit Required - a use permit issued by the Zoning Admin- istrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. (b) Application for Use Permit - application for a use permit shall be made in duplicate to the Zoning Administrator on forms furnished by him and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimen- sions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the channel. (c) State and Federal Permits - prior to granting a use permit or pro- cessing an application for a Conditional Use Permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits. (d) Certificate of Zoning Compliance for New, Altered or Nonconforming Uses - it shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. Where a nonconforming use or structure is extended or substantially altered, the Certificate of - 9- 9. 311 (3) Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Ordinance. (e) Construction and Use to be as Provided in Applications, Plans, Per- mits and Certificates of Zoning Compliance - use permits, Condi- tional Use Permits or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that author- ized shall be deemed violation of this Ordinance, and punishable as provided by 9.314. The applicant shall be required to submit cer- tification by a registered professional engineer, registered archi- tect, or registered land surveyor that the finished fill and build- ing elevations were accomplished in compliance with the provisions of this Ordinance. Flood proofing measures shall be certified by a registered professional engineer or registered architect. (f) Record of First Floor Elevation - the Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are flood proofed. Board of Adjustment - the Planning Commission is the Board of Adjustment. (a) Rules - the Board of Adjustment shall adopt rules for the con- duct of business and may exercise all of the powers conferred on such Boards by State law. (b) Administrative Review - the Board shall hear and decide appeals where it is alleged there is error in any order, requirement, de- cision, or determination made by an administrative official in the enforcement or administration of this Ordinance. (c) Variances - it may recommend upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions as literal enforcement of the provisions of the Ordinance will result in unnecessary hardship so that the spirit of the Ordinance shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by State law. (d) Hearings - upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit to the Commissioner of Natural Resources a copy of the application - 10 - 9. 311 (4) for proposed variances sufficiently in advance so that the Commis- sioner will receive at least ten days' notice of the hearing. (e) Decisions - the Board shall arrive at a decision on such appeal or variance within a reasonable period of time. In passing upon an ap- peal the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm wholly or in part or modify the order requirement, decision or determination appealed from and it shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in 9.311(4)(j), which are in conformity with the pur- poses of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under 9.314. A copy of all decisions granting a variance shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. (f) Appeal to the City Council and District Court - appeals from any de- cision of the Board may be taken by any person or persons jointly or severally aggrieved by any decision of the Board or any taxpayer, officer, department, board or bureau of the municipality to the City Council. The decision of the City Council may be appealed to the District Court of this jurisdiction as provided in Minnesota Sta- tute 462.361. Conditional Uses - the Board of Adjustment shall hear and decide applica- tions for Conditional Uses permissable under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the appli- cation to the Board of Adjustment for consideration. (a) Hearings - upon filing with the Board of Adjustment of an application for a Conditional Use Permit, the Board of Adjustment shall submit to the Commissioner of Natural Resources a copy of the application for proposed Conditional Uses sufficiently in advance so that the Commis- sioner will receive at least ten days' notice of the hearing. (b) Decisions - the Board of Adjustment shall arrive at a decision on a Conditional Use within a reasonable period of time. In granting a Conditional Use Permit, the Board of Adjustment may prescribe appro- priate conditions and safeguards, in addition to those specified in 9.311(4)(j), which are in conformity with the purposes of this Ordi- nance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under 9.314. A copy of all decisions granting Conditional Use Permits shall be for- warded to the Commissioner of Natural Resources within ten (10) days of such action. (c)- The Board of Adjustment shall on Conditional Use requests, make findings as to the conditions relating to the request, description and severity of hardship and conditions necessary to bring the development condi- tions relating to the particular lot into an equitable position for carrying out the spirit and intent of the Ordinance and Comprehensive - 11 - (d) (e) (f) Plan. The findings shall be transmitted to the City Council in reso- lution form within 90 days after having been filed with the City. The City Council shall make a determination within 60 days after re- ceiving the resolution from the Board. Reapplication after denial - no application for a Conditional Use which has been denied wholly or in part shall be resubmitted until a period of 6 months has passed from the date of said decision by the City Council, except on grounds of new evidence or proof of a change in conditions submitted to and found acceptable by the chairman of the Board of Ad- justment. Revocation - a violation of any condition set forth in granting a Con- ditional Use shall be a violation of this Ordinance and automatically terminates the Conditional Use. A Conditional Use granted shall become void within one year unless utilized to correct the situation as pre- sented in support of granting a Conditional Use unless extension is ap- plied for and granted by the City Council. Procedures for Evaluating Proposed Conditional Uses Within the Gen- eral Flood Plain District - upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain Dis- trict, the applicant shall be required to furnish such of the follow- ing information as is deemed necessary by the Board of Adjustment for the determination of the regulatory flood protection elevation and whether the proposed use is the floodway or the flood fringe. (i) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (ii) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vege- tation upstream and downstream; and soil type. (iii) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either di- rection from the proposed development. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: (i) Estimate the peak discharge of the regional flood. (ii) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. - 12 - (g) (h) (iii) Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. Based upon the technical evaluation of the designated engineer or ex- pert, the Board of Adjustment shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site. Procedures to be Followed by the Board of Adjustment in Passing on Conditional Use Permit Applications Within All Flood Plain Districts - The applicant shall furnish such of the following information and addi- tional information as deemed necessary by the Board of Adjustment for determining the suitability of the particular site for the proposed use: (i) Plans in triplicate drawn to scale showing the nature, loca- tion, dimensions, and elevation of the lot, existing or pro- posed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the channel. (ii) Specifications for building construction and materials, flood- proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. The applicant shall transmit one copy of the information described in this subsection to a designated engineer or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or ex- pert, the Board of Adjustment shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Factors Upon Which the Decision of the Board of Adjustment Shall Be Based - in passing upon Conditional Use applications, the Board of Adjustment shall consider all relevant factors specified in other sec- tions of this Ordinance, and: (i) The danger to life and property due to increased flood heights or velocities caused by encroachments; (ii) The danger that materials may be swept onto other lands or down- stream to the injury of others; (iii) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsani- tary conditions. - 13 - <i) (j) (iv) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the indi- vidual owner; (v) The importance of the services provided by the proposed faci- lity to the community; (vi) The requirements of the facility for a waterfront location; (vii) The availability of alternative locations not subject to flood- ing for the proposed use; (viii) The compatibility of the proposed use with existing develop- ment and development anticipated in the foreseeable future; (ix) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; (x) The safety of access to the property in times of flood for ordinary and emergency vehicles; (xi) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; (xii) Such other factors which are relevant to the purposes of this Ordinance. Time for Acting on Application - the Board of Adjustment shall act on an application in the manner above described within 120 days from receiving the application, except that where additional information is required pursuant to 9.311(4)(f) and 9.311(4)(g) of this Ordinance. The Board of Adjustment shall render a written decision within 60 days from the receipt of such information. Conditions Attached to Conditional Use Permits - upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Adjustment may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (i) Modification of waste disposal and water supply facilities; (ii) Limitations on period of use, occupancy, and operation; (iii) Imposition of operational controls, sureties, and deed res- trictions; (iv) Requirements for construction of channel modifications, dikes, levees, and other protective measures; (v) Flood proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory - 14 - SECTION 12 9.3i2 (~) flood protection elevation and associated flood factors for the particular area. (k) The Board of Adjustment shall on Conditional Use requests, make find- ings as to the conditions relating to the request, description and severity of hardship and conditions necessary to bring the develop- ment conditions relating to the particular lot into an equitable posi- tion for carrying out the spirit and intent of the Ordinance and Com- prehensive Plan. The findings shall be transmitted to the City Council in resolution form within 90 days after having been filed with the City. The City Council shall make a determination within 60 days after re- ceiving the resolution from the Board. (i) Reapplication After Denial - no application for a Conditional Use which has been denied wholly or in part shall be resubmitted until a period of 6 months has passed from the date of said decision by the City Council, except on grounds of new evidence or proof of a change in conditions submitted to and found acceptable by the chairman of the Board of Adjustment. (m) Revocation - a violation of any condition set forth in granting a Con- ditional Use shall be a violation of this Ordinance and automatically terminates the Conditional Use. A Conditional Use granted shall be- come void within one year unless utilized to correct the situation as presented in support of granting the Conditional Use unless extension is applied for and granted by the City Council. NONCONFORMING USES A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the fol- lowing conditions: (a) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (b) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. (c) Any alteration or addition to any nonconforming use which would re- sult in substantially increasing its flood damage potential shall be protected in accordance with 9.311(j)(v) of this Ordinance. (d) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The asses- sor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. (e) If any nonconforming use is destroyed by any means, including floods, to an extent of fifty percent or more of its assessed value, it shall - 15 - SECTION 13 9. 313 SECTION 14 9.314 not be reconstructed except in conformity with the provisions of this Ordinance. However, the City Council may issue a Conditional Use Per- mit for reconstruction if the use is located outside the floodway, and, upon reconstruction, is adequately floodproofed, elevated, or otherwise protected in conformity with 9.311(4)(j). (f) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. (g) Except as provided in 9.312(1)(e), any use which has been permitted as a Conditional Use shall not be considered as a nonconforming use. (h) Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordi- nance within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competative advantage derived by the operation of such noncon- forming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a re- duction of losses resulting from the requirement of termination of the use under this Ordinance. (i) The Zoning Administrator shall prepare a list of those nonconforming uses which have been floodproofed or otherwise adequately protected in conformity with 9.311(4)(j). He shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Ordinance. AMENDMENTS The flood plain designation on the Official Zoning Map shall not be removed from the flood plain areas unless it can be shown that designation is in error or that the area has been filled to at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Re- sources if he determines that, through other measures, lands are adequately protected for the intended use. Ail amendments to this Ordinance, including amendments to the Official Zon- ing Map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also re- quire prior approval by the Federal Insurance Administration. PENALTIES FOR VIOLATION Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safe- guards established in connection with grants of variances or Conditional Uses) shall constitute a misdemeanor. Any person, firm, corporation or voluntary association who violated this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense. - 16 - Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation." Section 2. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: 4/25/78 Second reading: 7/24/78 Date of Passage: 7/24/78 Offered by: Hemt§es Seconded by: Norber§ Roll Call: Ali Ayes Laurie Houk, Secre{a~y to the Council Bru~ ~ G. Nawrocki, Mayor - 17 -