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Ordinance No. 1056 09-11-1995 ORDINANCE NO. 1056 OFFICIAL TITLE AND SUMMARY I. Title An ordinance recodifying the Fridley City Code, Chapter 205, entitled "Zoning", by amending Section 205.25.8.C, and repealing Section 205.24 and adopting a new Section 205.24, creating floodplain regulations. II. Summary The City Council of the City of Fridley does hereby ordain as follows: The proposed ordinance promotes the health, safety, and general welfare and minimize losses in the flood plain and flood fringe areas in the City as defined by the City's National Flood Insurance Study. The ordinance provides standards for construction of permitted and special uses in the flood plain and flood fringe areas to minimize losses by periodic flooding. III. Notice This Title and Summary have been published to clearly inform the public of the intent and effect of the City of Fridley's ordinance requirements for flood plains and flood fringes. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E. , Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 18th DAY OF SEPTEMBER, 1995. Wt/11:0-4"*- WILLIAM J. EE - MAYOR ATTEST: OLLAwA CLfrpe.t WILLIAM A. CHAMPA - CITY Y\ LERK Publication: September 28, 1995 ORDINANCE NO. 1056 AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, ENTITLED "ZONING", BY AMENDING SECTION 205.25.8.0 BY REPEALING SECTION 205.24 AND ADOPTING A NEW SECTION 205.24 The City Council of the City of Fridley does hereby ordain as follows: 205.25.8.0 ADDITIONAL REQUIREMENTS FOR ALL STRUCTURES (4) The following agencies shall be notified of all variance requests to the above setback requirements: The Minnesota Department of Natural Resources and Environmental Quality Board. 205.24 CREEK AND RIVER PRESERVATION DISTRICT REGULATIONS 1. PURPOSE It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 205.24.02 by provisions contained herein. In addition, the purpose of this district is to: A. Regulate and ensure orderly development of the City's floodplain and fringe lands. B. Preserve and protect the natural state of creeks and rivers in the City. C. Protect surface and ground water quality and quantity. D. Minimize the losses due to periodic flooding and eliminate obstructions of flood flow that would cause hazards to life and property. 2. FINDINGS OF FACT 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 general welfare of the residents of the City. 3. LAND SUBJECT TO THIS DISTRICT A. Establishment of Boundaries The boundaries of the Creek and River Preservation District are hereby established as shown on the official zoning map of the City of Fridley. This boundary is made up of two (2) protection zones (CRP-1, "Floodway", and CRP-2 "Flood Fringe") which contain all lands within the Page 2 -- Ordinance No. 1056 jurisdiction of the City which are subject to periodic flooding by a regional flood and which lie below the regulatory flood protection elevation on the Official Creek and River Profile (hereinafter called the "Profile") contained within the Flood Insurance Study prepared for the City of Fridley. It also includes all the areas designated as unnumbered A zones (CRP-3, "General Floodplain District") on the Flood Insurance Rate Map for the City of Fridley. The Flood Insurance Study for the City of Fridley prepared by the Federal Insurance Administration dated September 2, 1980, and the Flood boundary and Floodway Maps and Flood Insurance Rate Maps therein are adopted by reference. B. Location of Boundaries The elevations as shown on the Profile and other available technical data contained in the Flood Insurance Study shall be the governing factor in locating creek and river protection boundaries. The Official Zoning Map shall be on file in the Office of the City Clerk and the Community Development Department. 4. USES PERMITTED - FLOODWAY (CRP-1) A. Principal Uses and Standards (1) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. (2) Industrial-commercial loading areas, parking areas, and airport landing strips. (3) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. (4) Residential lawns, gardens, parking areas, and play areas. (5) Standards: (a) The use shall have a low flood damage potential. (b) The use shall be permissible in the underlying zoning district if one exists. (c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. Page 3 -- Ordinance No. 1056 B. Uses Permitted with a Special Use Permit and Standards (1) Structures accessory to the uses listed in 205.24.04. (A) above and the uses listed in 205.24.04. (B). 2-8 below, subject to the following standards: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. 1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, 2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood 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: 1) 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 2) Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory flood Protection Elevation or properly flood proofed. (2) Extraction and storage of sand, gravel, and other materials. (3) Marinas, boat rentals, docks, piers, wharves, and water control structures. Page 4 -- Ordinance No. 1056 (4) Railroads, streets, bridges, utility transmission lines, and pipelines. (5) Storage yards for equipment, machinery, or materials, subject to the following standards: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City. (6) Placement of fill, subject to the following standards: (a) Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long- term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Special Use Permit must be title registered with the property in the Office of the County Recorder. (7) Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 205.24.07.D. (8) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency Page 5 -- Ordinance No. 1056 flood event. (9) Standards: (a) No structure (temporary or permanent) , fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a Special Use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. (b) Subject to the procedures and standards contained in Section 205.24.10.D. (c) The Special Use shall be permissible in the underlying zoning district if one exists. (d) 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. (e) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 5. USES PERMITTED - FLOOD FRINGE DISTRICT (CRP-2) A. Principal Uses and Standards Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning district(s) . If no pre- existing, underlying zoning districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided such use does not constitute a public nuisance. All Permitted Uses shall comply with 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 at least fifteen (15) feet beyond the outside Page 6 -- Ordinance No. 1056 limits of the structure erected thereon. (2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do next exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with Section 205.24.04.B. (1) . (c) . (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 Special Use, unless said fill is specifically intended to elevate a structure in accordance with Section 205.24.05.A.(1) . (4) The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. B. Uses Permitted with a Special Use Permit and Standards Any structure that is not elevated on fill or flood proofed in accordance with Section 205.24.05.A. (1,2) or any use of land that does not comply with the standards in Section 205.24.05.A. (3,4) . The use shall comply with the following standards: (1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc. , or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base of floor of any enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: a) the enclosed area is above-grade on at least one side of the structure; b) it is designed to internally flood and is constructed with flood resistant materials; and c) it is used solely for parking of vehicles, building access or storage. The above- noted alternative elevation methods are subject to the following additional standards: (a) 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. Page 7 -- Ordinance No. 1056 (b) 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: (1) 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. (2) 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 building access, parking of vehicles or storage. (2) Basements, as defined by Section 205.23.04.D, shall be subject to the following standards: (a) Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. (b) Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 3 below. (3) All areas of non residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted. (4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless Page 8 -- Ordinance No. 1056 the City is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. (5) Storage of materials and equipment subject to the following standards: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City. (c) The provisions of Section 205.24.05.0 of this Ordinance shall also apply. C. Additional Standards (1) All new principal structures must have vehicular access at or above an elevation more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use of occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. (2) 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 feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. (3) Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plan operations especially along streams having protracted flood durations. Page 9 -- Ordinance No. 1056 Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 205.24.05.C. (2) above. In considering permit applications, due consideration shall be given to needs of any industry whose business requires that it be located in flood plain areas. (4) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. (5) Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. (6) Standards for travel trailers and travel vehicles are contained in Section 205.24.07. (7) All manufactured homes must be securely anchored to an adequately a anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 6. USES PERMITTED GENERAL FLOOD PLAIN DISTRICT (CRP-3) A. Principal Uses and Standards (1) The uses listed in Section 205.24.04.A shall be permitted uses. (2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 205.24.06.B below. Section 205.24.04 shall apply if the proposed use is in the Floodway District and Section 205.24.05 shall apply if the proposed use is in the Flood Fringe District. Page 10 -- Ordinance No. 1056 B. Floodway and Flood Fringe Determinations Within the General Flood Plain District. (1) Upon receipt of an application for a Special Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District. (a) 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. (b) 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; locations and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 fee in either direction from the proposed development. (2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 shall be followed in this expert evaluation. The designated engineer or expert technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall Page 11 -- Ordinance No. 1056 be required if, as a result of the additional state increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (3) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City. The City must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City, prior to official action, may submit the application and all supporting data and analysis to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe Boundaries have been determined, the City shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Sections 205.24.04 and 205.24.05. 7. MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES A. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 205.24.09. B. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 205.24.05. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 205.24.05.C, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City. C. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to the applicable state or local anchoring requirements for resisting wind forces. D. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 205.24.07.E below shall be subject to the provisions of this Ordinance as specifically spelled out in Sections 205.24.07.E. (2) and (3) below. Page 12 -- Ordinance No. 1056 E. Exemptions (1) Travel trailers and travel vehicles are exempt from the provisions of this Ordinance if they are placed in the following areas: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium type associations. and they meet the following criteria: (a) Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the travel/trailer travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning district. (2) Travel trailers and travel vehicles exempted in Section 205.24.07.E. (1) lose this exemption when development occurs on the parcel exceeding $500 dollars for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in sections 205.24.04 and 205.24.05. (3) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents are placed on fill above the Regulatory Flood Protection Elevation and proper elevated road access to the site exists in accordance with Section Page 13 -- Ordinance No. 1056 205.24.05.C. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a Special Use if in accordance with the following provisions and the provisions of Section 205.24.10.(2) .D. The applicant must submit an emergency plan for safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 205.24.09.C. 9. SUBDIVISIONS A. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory flood Protection Elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents. B. In the General Flood Plain District, applicants shall provide the information required in Section 205.24.06.B to determine the 100 year flood elevation, the floodway and Flood Fringe District Boundaries and the Regulatory Flood Protection Elevation for the subdivision site. C. Removal of special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slop 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 Page 14 -- Ordinance No. 1056 flood hazard area designation will be requested. 10. PUBLIC UTILITIES, ROADS AND BRIDGES A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory flood Protection Elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 205.24.04 and 205.24.05 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with the Section. 11. INTERPRETATION AND ADMINISTRATION A. Interpretation (1) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. (2) 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 and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the Page 15 -- Ordinance No. 1056 necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. (3) It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements', covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. (4) 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 any officer or employee thereof for the City for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. (5) 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. B. Administration (1) The Zoning Administrator or other official designated by the City shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of this Ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 205.24.12. (2) Permits Required: (a) A Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition, or alternation of any building, structure, or portion thereof; prior to the use of 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, excavation of materials, or the storage of materials or equipment within the flood plain. Page 16 -- Ordinance No. 1056 (b) Application for a Permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (c) Prior to granting a Permit or processing an application for a Special Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. (d) It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, in its use of structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. (e) Permits, Special Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Ordinance, and punishable as provided by Section 205.24.12. (f) The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. (g) The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. Page 17 -- Ordinance No. 1056 C. Variances (1) The Appeals Commission shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. (2) The Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. (3) The Commission may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Commission shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory flood Protection Elevation for the particular area, or permit standards lower than those required by State Law. (4) Upon filing with the Appeals Commission of an appeal from a decision of the Zoning Administrator, the Commission shall comply with Section 205.05.05 in processing all such requests. The Commission shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. (5) In passing upon an appeal, 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 of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the finds 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 Section 205.24.10, which are in conformity with the purposes 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 Page 18 -- Ordinance No. 1056 Section 205.24012. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (6) Appeals from any decision of the Board may be made, and as specified in the City's Official Controls and also Minnesota Statutes. (7) The Zoning Administrator shall notify the applicant for a variance that: a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and b) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report of such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. D. Special Use Permits (1) The Planning Commission shall hear and decide applications for Special Uses permissible under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward the application to the City Council for consideration. (2) Upon filing with the Planning Commission an application for a Special Use Permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Special Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (3) The Planning Commission shall comply with Section 205.04 regarding special use permits. In granting a Special Use Permit, the Planning Commission shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Special Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 205.24.12. A copy of all decisions granting Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources Page 19 -- Ordinance No. 1056 within ten (10) days of such action. (4) Procedures to be followed by the Planning Commission: (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning commission for determining the suitability of particular site for the proposed use: 1) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. 2) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (b) Transmit one copy of the information described in subsection (2) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (5) In passing upon Special Use applications, the Commission shall consider all relevant factors specified in other sections of this Ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept unto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, Page 20 -- Ordinance No. 1056 contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The important of the services provided by the proposed facility to the City. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factor which are relevant to the purposes of this Ordinance. (6) Upon the consideration of the factors listed above and the purpose of this Ordinance, the Planning Commission shall attach such conditions to the granting of Special Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, Page 21 -- Ordinance No. 1056 and other protective measures. (e) Flood-proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood- proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 12. NONCONFORMING USES A. A structure or the use of a structure or premises which was lawful before the passage of amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. (2) Any alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e. , FP-1 thru FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Section 205.24.11.A. (3) . (3) The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the City's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 205.24.04 or 205.24.05 for new structures depending upon whether the structure is in the Floodway or Flood Fringe, respectively. (4) If any of the nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. Page 22 -- Ordinance No. 1056 (5) If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 205.24.04, 205.24.05 or 205.24.06 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. 13. PENALTIES FOR VIOLATION A. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Special Uses) shall constitute a misdemeanor and shall be punishable as defined by Law. B. Nothing herein contained shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after- the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for a denial of flood insurance availability to the guilty party. The City must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its availability in the National Flood Insurance Program. (2) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to " the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. (3) The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted Page 23 -- Ordinance No. 1056 until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days. (4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. 15. AMENDMENTS A. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commission of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. B. All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration. Page 24 -- Ordinance No. 1056 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF SEPTEMBER, 1995. WILLIAM J EE - MA Y 0 R ATTEST: Of WILLIAM A. CHAMPA - CITY /LERK Public Hearing: August 14, 1995 First Reading: August 28, 1995 Second Reading: September 11, 1995 Publication: September 21, 1995