Ordinance No. 1325 11-23-2015
ORDINANCE NO. ____
SUMMARY OF AN ORDINANCE REPEALING AND REPLACING LANGUAGE IN
CHAPTER 205.27 CREEK AND RIVER PRESERVATION OVERLAY OF THE
FRIDLEY ZONING CODE PERTAINING TO FLOODPLAIN MANAGEMENT AND
ADOPTING NEW MAPS RELATIVE TO SAID ORDINANCE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.27 of the Fridley Zoning Code entitled Creek and River
Preservation District hereby be repealed in its entirety.
Section 2: That Section 205.27 of the Fridley Zoning Code be hereby renamed Floodplain
Management Overlay Zoning District O-1 and amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.27 FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
Statutory Authorization:
1.1 The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Fridley, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Fridley, Minnesota.
These flood hazard areas are subject to periodic inundation, which may result in loss
of life and 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. It is the purpose of this ordinance to promote
the public health, safety, and general welfare by minimizing these losses and
disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
community’s eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristic and function of
water courses and floodplains in order to moderate flood and storm water impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
____ DAY OF _____________________ 2015.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: November 9, 2015
First Reading: November 9, 2105
Second Reading: November 23, 2015
Published:
ORDINANCE NO. 1325
AN ORDINANCE REPEALING AND REPLACING LANGUAGE IN CHAPTER 205.27
CREEK AND RIVER PRESERVATION OVERLAY OF THE FRIDLEY ZONING
CODE PERTAINING TO FLOODPLAIN MANAGEMENT AND ADOPTING NEW
MAPS RELATIVE TO SAID ORDINANCE
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
Section 1: That Section 205.27 of the Fridley Zoning Code entitled Creek and River
Preservation District hereby be repealed in its entirety.
Section 2: That Section 205.27 of the Fridley Zoning Code be hereby renamed Floodplain
Management Overlay Zoning District O-1 and amended as follows:
FRIDLEY ZONING CODE
CHAPTER 205.27 FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
1.1Statutory Authorization:
The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City Council of
Fridley, Minnesota, does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Fridley, Minnesota.
These flood hazard areas are subject to periodic inundation, which may result in loss
of life and 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. It is the purpose of this ordinance to promote
the public health, safety, and general welfare by minimizing these losses and
disruptions.
1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44
Code of Federal Regulations Parts 59-78, as amended, so as to maintain the
community’s eligibility in the National Flood Insurance Program.
1.23 This ordinance is also intended to preserve the natural characteristic and function of
water courses and floodplains in order to moderate flood and storm water impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat,
provide recreational opportunities, provide aesthetic benefits and enhance community
and economic development.
Ordinance No. 1325 Page 2
SECTION 2.0 GENERAL PROVISIONS
2.1How to Use This Ordinance:
This ordinance adopts the floodplain maps applicable to
Fridley and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the
standards in Sections 4 or 5 will apply, depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the
floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Section 4 apply
unless the floodway boundary is determined, according to the process outlined in
Section 6. Once the floodway boundary is determined, the Flood Fringe District
standards in Section 5 may apply outside the floodway.
2.2Lands to Which Ordinance Applies:
This ordinance applies to all lands within the City of
Fridley shown on the official zoning map which are within the boundaries of the Floodway,
Flood Fringe, or General Floodplain districts.
2.3Incorporation of Maps by Reference:
The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The attached material includes the Flood Insurance Study for
Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map
enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency
Management Agency. These materials are on file in the Planning Division of the City
Office.
27003C0381E 27003C0392E
27003C0382E 27003C0401E
27003C0383E 27003C0403E
27003C0384E 27003C0411E
27003C0391E
Approved Letters of Map Change (LOMC) existing on December 16, 2015 are also herein
incorporated by reference.
2.4Regulatory Flood Protection Elevation:
The regulatory flood protection elevation (RFPE)
is an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from
designation of a floodway.
2.5Interpretation:
The boundaries of the zoning districts are determined by scaling distances
on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning
map and actual field conditions, the flood elevations shall be the governing factor. The
Zoning Administrator must interpret the boundary location based on the ground
Ordinance No. 1325 Page 3
elevations that existed on the site on the date of the first National Flood Insurance
Program map showing the area within the regulatory floodplain, and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their technical evidence to the Federal Emergency Management
Agency, according to the Code of Federal Regulations 44, part 65, and may apply to
FEMA for revisions, changes, or amendments to maps in Section 2.3 .
2.6Abrogation and Greater Restrictions:
It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this ordinance
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
2.7Warning and Disclaimer of Liability
: This ordinance does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or
flood damages. This ordinance does not create liability on the part of the City of Fridley or
its officers or employees for any flood damages that result from reliance on this ordinance or
any administrative decision lawfully made hereunder.
2.8Severability:
If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be
affected and shall remain in full force.
2.9Definitions:
Unless specifically defined below, words or phrases used in this ordinance must
be interpreted according to common usage and so as to give this ordinance its most
reasonable application.
2.911 Accessory Use or Structure - A subordinate building or use which is located on the
same lot as the principal building or use and is necessary or incidental to the conduct
of the principal building or use.
2.912 Base Flood Elevation - The elevation of the “regional flood.” The term “base flood
elevation” is used in the flood insurance survey.
2.913 Basement - any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation
below ground level.
2.914 Provisional Use - a specific type of structure or land use listed in the official control
that may be allowed but only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or building codes
and upon a finding that:
(a)The certain conditions as detailed in the zoning ordinance exist.
Ordinance No. 1325 Page 4
(b)The structure and/or land use conform to the comprehensive land use plan if one
exists and are compatible with the existing neighborhood.
2.915 Critical Facilities - facilities necessary to a community’s public health and safety,
those that store or produce highly volatile, toxic or water-reactive materials, and those
that house occupants that may be insufficiently mobile to avoid loss of life or injury.
Examples of critical facilities include hospitals, correctional facilities, schools, daycare
facilities, nursing homes, fire and police stations, wastewater treatment facilities,
public electric utilities, water plants, fuel storage facilities, and waste handling and
storage facilities.
2.916 Development - any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
2.917 Equal Degree of Encroachment - a method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of conveying
a proportionate share of flood flows.
2.918 Fence - A structure, partition, or wall erected for the purpose of enclosing a piece of
land or to divide a piece of land into distinct portions. The term “fence” includes an
enclosure made of a permanent material, such as wood or iron.
2.919 Fence, Open - A structure of rails, planks, stakes, strung wire, or similar material
erected as an enclosure, barrier, or boundary. Open fences are those with 50 percent or
less of their surface area open for free passage of light, air, and water. Examples of
such fences include but are not limited to picket and split rail fences.An open type
fence of posts and wire is not considered to be a structure under this ordinance. Fences
that have the potential to obstruct flood flows, such as chain link fences and rigid
walls, are regulated as structures under this ordinance.
2.920 Flood - a temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
2.921 Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
2.922 Flood Fringe - that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term “floodway fringe” used in the Flood Insurance Study for
Anoka County, Minnesota.
2.923 Flood Prone Area - any land susceptible to being inundated by water from any source
(see “Flood”).
2.924 Floodplain - the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
Ordinance No. 1325 Page 5
2.925 Floodproofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
2.926 Floodway - the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
2.927 Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building’s
lowest floor.
2.928 Manufactured Home – a structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term “manufactured home”
does not include the term “recreational vehicle.”
2.929 Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain 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.
2.930 One Hundred Year Floodplain - lands inundated by the “Regional Flood” (see
definition).
2.931 Principal Use or Structure - all uses or structures that are not accessory uses or
structures.
2.932 Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or
river influenced by a natural or man-made obstruction. In an urban area, the segment
of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
2.933 Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel, or seasonal use. For the purposes of this ordinance, the term
recreational vehicle is synonymous with the term “travel trailer/travel vehicle.”
2.934 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
Ordinance No. 1325 Page 6
to occur on an average frequency in the magnitude of the 1% chance or 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
a flood insurance study.
2.935 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot
above the elevation of the regional flood plus any increases in flood elevation caused
by encroachments on the floodplain that result in designation of a floodway.
2.936 Repetitive Loss -Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value of the
structure before the damage occurred.
2.937 Special Flood Hazard Area - a term used for flood insurance purposes synonymous
with “One Hundred Year Floodplain.”
2.938 Structure - anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, sheds, detached garages,
cabins, manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Section 9.22 of this ordinance and other similar items.
2.939 Substantial Damage - means damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed
50 percent of the market value of the structure before the damage occurred.
2.940 Substantial Improvement - within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after
damage, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the market value of the structure before the “start of
construction” of the improvement. This term includes structures that have incurred
“substantial damage,” regardless of the actual repair work performed. The term does
not, however, include either:
(a)Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by
the local code enforcement official and which are the minimum necessary to assure
safe living conditions.
(b)Any alteration of a “historic structure,” provided that the alteration will not
preclude the structure’s continued designation as a “historic structure.” For the
purpose of this ordinance, “historic structure” is as defined in 44 Code of Federal
Regulations, Part 59.1.
2.10Annexations:
The Flood Insurance Rate Map panels adopted by reference into Section 2.3
above may include floodplain areas that lie outside of the corporate boundaries of the City
of Fridley at the time of adoption of this ordinance. If any of these floodplain land areas are
annexed into the City after the date of adoption of this ordinance, the newly annexed
Ordinance No. 1325 Page 7
floodplain lands will be subject to the provisions of this ordinance immediately upon the
date of annexation.
SECTION 3.0 ESTABLISHMENT OF FLOOD OVERLAY DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in Section 2.3.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as
Special Flood Hazard Areas on the Flood Insurance Rate Map adopted in Section 2.3,
as being within Zones AE, AO, or AH and are adjacent to a floodway
3.13 General Floodplain District. The General Floodplain District are the Special Flood
Hazard Areas designated as Zone A or Zone AE, AO, or AH which are not adjacent to
a floodway on the Flood Insurance Rate Map adopted in Section 2.3.
3.2Compliance:
Within the floodplain districts established in this ordinance, the use of any
land, the use, size, type and location of structures on lots, the installation and maintenance of
transportation, utility, water supply and waste treatment facilities, and the subdivision of land
must comply with the terms of this ordinance and other applicable regulations. All uses not
listed as permitted uses or provisional uses in Sections 4.0, 5.0 and 6.0, respectively, are
prohibited.
In addition, a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are
subject to the general provisions of this ordinance and specifically Section 9.0.
3.22 Modifications, additions, structural alterations, normal maintenance and repair, or
repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this ordinance and
specifically Section 11.0.
3.23 All structures must be constructed with electrical, heating, ventilation, plumbing, and
air conditioning equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components during
conditions of flooding.
3.24 As-built elevations for elevated or floodproofed structures must be certified by ground
surveys and flood-proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this
ordinance and specifically as stated in Section 10.0 of this ordinance.
3.25 Critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts.
Ordinance No. 1325 Page 8
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1Permitted Uses:
The following uses, subject to the standards set forth in Section 4.2, are
permitted uses if otherwise allowed in the underlying zoning district or any applicable
overlay district:
4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
4.12 Industrial-commercial loading areas and parking areas.
4.13 Open space uses, including but not limited to 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, hunting and fishing areas, and single or multiple purpose
recreational trails.
4.14 Residential lawns, gardens, parking areas, and play areas.
4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to
issuance of any permit if any portions of improvements are above existing grade of
land and/or the bottom of a water body, and that the standards in Section 8.0 of this
ordinance are met.
4.2Standards for Floodway Permitted Uses:
4.21 The use must have low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15, the use must not obstruct flood
flows or increase flood elevations and must not involve structures, fill, obstructions,
excavations or storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed
with a flood warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity
(in feet per second) would exceed a product of four upon occurrence of the regional
(1% chance) flood.
4.3Provisional Uses:
The following uses, may be allowed as provisional uses following the
standards and procedures set forth in Section 10.4 of this ordinance and further subject to
the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district
or any applicable overlay district.
(a)Structures accessory to the uses listed in 4.1 above and the uses listed in 4.3(b) - (f)
below.
Ordinance No. 1325 Page 9
(b)Extraction and storage of sand, gravel, and other materials.
(c)Marinas, boat rentals, docks, piers, wharves, and water control structures.
(d)Storage yards for equipment, machinery, or materials.
(e)Placement of fill or construction of fences that obstruct flood flows.
(f)Levees or dikes intended to protect agricultural crops for frequency flood events
equal to or less than the 10-year frequency flood event.
4.4Standards for Floodway Provisional Uses:
4.41 All Uses. A provisional use must not cause any increase in the stage of the 1% chance
or regional flood or cause an increase in flood damages in the reach or reaches affected.
4.42 Fill; Storage of Materials and Equipment:
(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) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must be
covered by a long-term site development plan.
(c)Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be
allowed if the City has approved a plan that assures removal of the materials from
the floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a)Accessory structures must not be designed for human habitation.
(b)Accessory structures, if permitted, must 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 must be constructed with the longitudinal axis
parallel to the direction of flood flow; and
(2)So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
Ordinance No. 1325 Page 10
(c)Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classifications in the State
Building Code. All floodproofed accessory structures must meet the following
additional standards:
(1)The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on exterior
walls; and
(2)Any mechanical and utility equipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
(d)As an alternative, an accessory structure may be internally/wet floodproofed to the
FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the
accessory structure constitutes a minimal investment and does not exceed 576
square feet in size. A detached garage may only be used for parking of vehicles and
limited storage. All structures must meet the following standards:
To allow for the equalization of hydrostatic pressure, there must be a minimum
(1)
of two “automatic” openings in the outside walls of the structure, with a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding; and
There must be openings on at least two sides of the structure and the bottom of
(2)
all openings must be no higher than one foot above the lowest adjacent grade to
the structure. Using human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to
the 1% chance or regional flood. The technical analysis must assume equal conveyance
or storage loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1Permitted Uses:
Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Section 5.2.
5.2Standards for Flood Fringe Permitted Uses:
Ordinance No. 1325 Page 11
5.21 All structures, including accessory structures, must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished
fill elevation for structures must be no lower than one foot below the regulatory flood
protection elevation and the fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure unless alternative methods of protection are
provided in accordance with Section 5.46.
(a)All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
(b)As an alternative to elevation on fill, an accessory structure that constitutes a
minimal investment and that does not exceed 576 square feet in size may be
internally floodproofed in accordance with Section 5.43.
5.22 The cumulative placement of fill or similar material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance
with Section 5.21 of this ordinance, or if allowed as a provisional use under Section
5.33 below.
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
5.24 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.
5.25 Fill must be properly compacted and the slopes must be properly protected by the use
of riprap, vegetative cover or other acceptable method.
5.26 All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation, or must have a
flood warning /emergency evacuation plan acceptable to the City.
5.27 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1% chance) flood.
5.28 Interference with normal manufacturing/industrial plant operations must be minimized,
especially along streams having protracted flood durations. In considering permit
applications, due consideration must be given to the needs of industries with operations
that require a floodplain location.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
Ordinance No. 1325 Page 12
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of
this ordinance.
5.3Provisional Uses:
The following uses and activities may be allowed as provisional uses, if
allowed in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance. Provisional uses must meet the standards in
Sections 5.21 through 5.30 and Section 5.4.
5.31 Any structure that is not elevated or floodproofed in accordance with Section 5.21 of
this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not
being used to elevate a structure in accordance with Section 5.21 of this ordinance.
5.4Standards for Flood Fringe Provisional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all provisional uses.
5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following:
(a) Residential basement construction is not 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 floodproofed in accordance
with Section 5.43 of this ordinance.
5.43 All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally
dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State
Building Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural components
capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood
protection elevation) must comply with an approved erosion/sedimentation control
plan.
(a)The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1% chance) flood event.
Ordinance No. 1325 Page 13
(b)The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City.
(c)The plan may incorporate alternative procedures for removal of the material from
the floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such
materials within the time available after a flood warning.
5.46 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 or floor of
an enclosed area shall be considered above-grade and not a structure’s basement or
lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure;
2) it is designed to internally flood and is constructed with flood resistant materials; and
3) 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)Design and Certification - The structure’s design and as-built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding.
(b)Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
The minimum area of openings in the walls where internal flooding is to be
(1)
used as a floodproofing technique. There shall be a minimum of two openings
on at least two sides of the structure and the bottom of all openings shall be no
higher than one foot above grade. The automatic openings shall have a
minimum net area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional engineer or
architect certifies that a smaller net area would suffice. The automatic
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
without any form of human intervention; and
That the enclosed area will be designed of flood resistant materials in
(2)
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.
Ordinance No. 1325 Page 14
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are
permitted uses.
6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in
Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the
Floodway District. Section 5.0 applies if the proposed use is determined to be in the
Flood Fringe District.
6.2Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General
Floodplain District, the Zoning Administrator must obtain, review and reasonably
utilize any regional flood elevation and floodway data available from a federal, state, or
other source.
6.22 If regional flood elevation and floodway data are not readily available, the applicant
must furnish additional information, as needed, to determine the regulatory flood
protection elevation and whether the proposed use would fall within the Floodway or
Flood Fringe District. Information must be consistent with accepted hydrological and
hydraulic engineering standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following
components, as applicable:
(a)Estimate the peak discharge of the regional (1% chance) 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 one-half (0.5) foot. A lesser stage increase than
0.5 foot is required if, as a result of the stage increase, increased flood damages
would result. An equal degree of encroachment on both sides of the stream within
the reach must be assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
encroachments. The Zoning Administrator may seek technical assistance from a
designated engineer or other expert person or agency, including the Department of
Ordinance No. 1325 Page 15
Natural Resources. Based on this assessment, the Zoning Administrator may approve
or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the
applicable provisions of Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1In General:
Recognizing that flood prone areas may exist outside of the designated
floodplain districts, the requirements of this section apply to all land within the City of
Fridley.
7.2Subdivisions:
No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks
and recreational vehicle parks or campgrounds are considered subdivisions under this
ordinance.
7.21 All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and
people during the regional (1% chance) flood has been approved by the City. The plan
must be prepared by a registered engineer or other qualified individual, and must
demonstrate that adequate time and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and platting
documents.
7.24In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway
and Flood Fringe District boundaries and the regulatory flood protection elevation for
the subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area,
any such proposal must be reviewed to assure that:
(a)All such proposals are consistent with the need to minimize flood damage within
the flood prone area,
(b)All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage, and
Ordinance No. 1325 Page 16
(c)Adequate drainage is provided to reduce exposure of flood hazard.
7.3Building Sites:
If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes) must be:
(a)Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(b)Constructed with materials and utility equipment resistant to flood damage;
(c)Constructed by methods and practices that minimize flood damage; and
(d)Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
8.1Public Utilities:
All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be floodproofed in accordance with MN
Rules 1335 or elevated to the regulatory flood protection elevation.
8.2Public Transportation Facilities:
Railroad tracks, roads, and bridges to be located within
the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or
interruption of these 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.
8.3On-site Water Supply and Sewage Treatment 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 must 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 is considered to be in compliance with this Section.
SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES
9.1Manufactured Homes:
New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
Ordinance No. 1325 Page 17
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured
home units is subject to the requirements of Section 5 of this ordinance and the
following standards.
(a)New and replacement manufactured homes must be elevated in compliance with
Section 5 of this ordinance and 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 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.
(b)New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in Section 7.22.
9.2Recreational Vehicles:
New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in
the floodplain must meet the exemption criteria below or be treated as new structures
meeting the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are
placed in any of the following areas and meet the criteria listed in Section 9.22:
(a)Individual lots or parcels of record.
(b)Existing commercial recreational vehicle parks or campgrounds.
(c)Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a)The vehicle must have a current license required for highway use.
(b)The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly used
in campgrounds and recreational vehicle parks.
(c)No permanent structural type additions may be attached to the vehicle.
(d)The vehicle and associated use must be permissible in any pre-existing, underlying
zoning district.
Ordinance No. 1325 Page 18
(e)Accessory structures are not permitted within the Floodway District. Any accessory
structure in the Flood Fringe District must be constructed of flood-resistant
materials and be securely anchored, meeting the requirements applicable to
manufactured homes in Section 9.22.
(f)An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when
development occurs on the site that exceeds a minimal investment for an accessory
structure such as a garage or storage building. The recreational vehicle and all
accessory structures will then be treated as new structures subject to the elevation and
floodproofing requirements of Section 5.0 of this ordinance. No development or
improvement on the parcel or attachment to the recreational vehicle is allowed that
would hinder the removal of the vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION
10.1Zoning Administrator:
The Zoning Administrator or other official designated by the City
Council to administer and enforce this ordinance.
10.2Permit Requirements:
10.21 Permit Required. A Building or Land Alteration Permit must be obtained from the
City prior to conducting the following activities within a floodplain:
(a)The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a permit
if such work, separately or in conjunction with other planned work, constitutes a
substantial improvement as defined in this ordinance.
(b)The use or change of use of a building, structure, or land.
(c)The construction of a dam, fence, or on-site septic system, although a permit is not
required for an open fence as defined in this ordinance.
(d)The change or extension of a nonconforming use.
(e)The repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
(f)The placement of fill, excavation of materials, or the storage of materials or
equipment.
(g)Relocation or alteration of a watercourse - including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
(h)Any other type of “Development” as defined in this ordinance.
Ordinance No. 1325 Page 19
10.22 Application for Permit. Permit applications must be submitted to the City on forms
provided by the City.
10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a Zoning letter
has been issued by the City stating that the use of the building or land conforms to the
requirements of this ordinance.
10.24 Certification. The applicant is 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. Floodproofing measures must be certified by a registered professional
engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must 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 floodplain. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations or additions to structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify potentially
impacted communities. If the applicant has applied for a permit to work in public
waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate
notice. A copy of the notification must also be submitted to the Commissioner of the
Minnesota Department of Natural Resources.
10.27 Notifications to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
10.3Variances:
10.31 Variance Applications. An application for a variance to the provisions of this
ordinance will be processed and reviewed in accordance with applicable state statutes
and Section 205.05.6 of the zoning ordinance.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a
use that is not allowed 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.
Ordinance No. 1325 Page 20
10.33 Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a)Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
(b)Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) a determination that the granting
of a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
(c)Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief of documented
exceptional hardship.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance; and 2) Such
construction below the base or regional flood level increases risks to life and property.
Such notification must be maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following factors in
evaluating variance requests and imposing conditions on variances and provisional
uses in floodplains:
(a)The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
(b)The danger that materials may be swept onto other lands or downstream to the
injury of others;
(c)The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
(d)The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
(e)The importance of the services to be provided by the proposed use to the
community;
(f)The requirements of the facility for a waterfront location;
Ordinance No. 1325 Page 21
(g)The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(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 Land Use 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; and
(k)The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days’ notice of the hearing. The notice
may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances
must be forwarded to the DNR within ten days of such action. The notice may be sent
by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.38 Record Keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an
annual or biennial report to the Administrator of the National Flood Insurance
Program, when requested by the Federal Emergency Management Agency.
10.4Provisional Uses:
10.41 Administrative Review. An application for a provisional use permit under the
provisions of this ordinance will be processed and reviewed by the Zoning
Administrator or designee, who will provide a copy of the provisional use permit to
the Commissioner of the Department of Natural Resources within ten (10) days of its
issuance..
10.42 Factors Used in Decision-Making. In passing upon provisional use applications, the
City must consider all relevant factors specified in other sections of this ordinance, and
those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Provisional Use Permits. The City may attach such conditions
to the granting of provisional 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.
Ordinance No. 1325 Page 22
(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, and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent
with the regulatory flood protection elevation and associated flood factors for the
particular area.
10.44 Submittal of Final Decisions to the DNR. A copy of all decisions granting provisional
uses must be forwarded to the DNR within ten days of such action. The notice may be
sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1Continuance of Nonconformities:
A use, structure, or occupancy of land 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 following conditions. Historic
structures, as defined in Section 2.940 of this ordinance, are subject to the provisions of
Sections 11.11 – 11.16 of this ordinance.
11.11 A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in 11.12 below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
11.12 Any addition or structuralalteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to the
regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable
in the State Building Code, except as further restricted in 11.13 and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of
the market value of any nonconforming structure, then the entire structure must meet
the standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively. The
cost of all structural alterations and additions must include all costs such as
construction materials and a reasonable cost placed on all manpower or labor.
11.14If any nonconforming use, or any use of a nonconforming structure, is discontinued for
more than one year, any future use of the premises must conform to this ordinance.
Ordinance No. 1325 Page 23
The Assessor must notify the Zoning Administrator in writing of instances of
nonconformities that have been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged, as defined in Section 2.939 of this
ordinance, it may not be reconstructed except in conformity with the provisions of this
ordinance. The applicable provisions for establishing new uses or new structures in
Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in
Section 2.936 of this ordinance, it must not be reconstructed except in conformity with
the provisions of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.940 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must
meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1Violation Constitutes a Misdemeanor:
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 provisional uses) constitute
a misdemeanor and will be punishable as defined by law.
12.2Other Lawful Action:
Nothing in this ordinance restricts the City from taking such other
lawful action as is necessary to prevent or remedy any violation. If the responsible party
does not appropriately respond to the Zoning Administrator within the specified period of
time, each additional day that lapses will constitute an additional violation of this ordinance
and will be prosecuted accordingly.
12.3Enforcement
: In responding to a suspected ordinance violation, the Zoning Administrator
and City 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 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
eligibility in the National Flood Insurance Program.
12.31 When a 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 State 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.
Ordinance No. 1325 Page 24
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this
chapter and all other official controls and the nature and extent of the suspected
violation of these controls. If the structure or use is under construction or development,
the Zoning Administrator may order the construction or development immediately
halted until a proper permit or approval is granted by the city. If the construction or
development is already completed, 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.
SECTION 13.0 AMENDMENTS
13.1Floodplain Designation – Restrictions on Removal:
The floodplain designation on the
Official Zoning Map must not be removed from floodplain 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
regulatory flood protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner of the Department of
Natural Resources (DNR) if the Commissioner determines that, through other measures,
lands are adequately protected for the intended use.
13.2 Amendments Require DNR Approval:
All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
13.3Map Revisions Require Ordinance Amendments
. The floodplain district regulations
must be amended to incorporate any revisions by the Federal Emergency Management
Agency to the floodplain maps adopted in Section 2.3 of this ordinance.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23RD DAY OF NOVEMBER 2015.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
Public Hearing: November 9, 2015
First Reading: November 9, 2105
Second Reading: November 23, 2015
Published: December 4, 2015