PCA 10/21/2015 �t`f�-�
CITY OF FRIDLEY
AGENDA
PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 21, 2015 7:00 P.M.
LOCATION: COUNCIL CHAMBERS
FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE NE
CALL TO ORDER:
ROLL CALL:
APPROVE PLANNING COMMISSION MEETING MINUTES: September 16, 2015
1. PUBLIC HEARING:
Consideration of a Public Hearing for a Text Amendment, TA#15-04, by the City of
Fridley, to modify Chapter 205, Zoning Code. The purpose of this amendment is to clarify
the variance and appeal procedures, modifying the public right-of-way and easement
vacation process, to provide a process by which property owners may be able to expand
legally non-conforming structures, to reference the City's Active Transportation Plan, and
to update definitions and existing language.
2. PUBLIC HEARING:
Consideration of a Public Hearing for a Text Amendment, TA#15-05, by the City of
Fridley, to consider repealing Chapter 205.27, Creek and River Preservation District, of the
Fridley Zoning Code, and adopting a new Floodplain Ordinance, as prepared by the
MNDNR, that adopts revised FEMA maps and standards for development of flood hazard
areas to minimize future flood losses in areas subject to periodic inundation.
3. PUBLIC HEARING:
Consideration of a Public Hearing for a Text Amendment, TA#15-06, by the City of
Fridley, to add a fee for non-conforming building expansion permits to Chapter 6, Fees, in .
the event this new process is adopted into Fridley's Zoning Code.
4. RECEIVE THE MINUTES OF THE SEPTEMBER 8, 2015, ENVIRONMENTAL QUALITY
AND ENERGY COMMISSION MEETING.
5. RECEIVE THE MINUTES OF THE SEPTEMBER 3, 2015, HOUSING AND
REDEVELOPMENT AUTHORITY COMMISSION MEETING.
6. RECEIVE THE MINUTES OF THE AUGUST 3, 2015, PARKS & RECREATION
COMMISSION MEETING.
OTHER BUSINESS:
ADJOURN
PLANNING COMIVIISSION 11�IEETING
September 16,2015
Chairperson Kondrick called the Planning Commission Meeting to order at 7:03 p.m.
MEMBERS PRESENT: D.avid Kondrick,Brad Sielaff,David Ostwald, and Todd Olin
MEMBERS ABSENT: Leroy Oquist,Mike Heintz,and Dean Saba
OTHERS PRESENT: Stacy Stromberg,Planner
Todd Ofsthun,TCO Design
Aeb Skogen, on behalf of Marge Otten
Scott Hickok,Community Development Director
Approval of Minutes: August 19, 2015
MOTION by Commissioner Sielaff to approve the minutes as presented. Seconded by Commissioner
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNAIVIMOUSLY.
1. PUBLIC HEARING:
Consideration of a Special Use Permit, SP # 15-09, by TCO Design, is requesting a
modification to Special Use Permit, SP #14-07 that was approved by the City Council on
March 9,2015,which allowed a comprehensive home health care building at 5300-5310 4th
Street. The modification will increase the size of the building from 2,486 to 5,732 sq. ft. and
the number of beds from 15-23. The increase in building size will be to accommodate the
additional units and inside parlcing stalls. The overall height of the building and the use will
remain the same,generally located at 5300 and 5310 4th Street NE.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:04
P.M.
Ms. Stromberg,Planner stated the petitioner,Todd Ofsthun,with TCO Design, on behalf of Gen One,
LLC,who are the properties owners of 5300 and 5310 4`�'Street NE, is seeking a special use permit to
modify the special use permit that was originally approved by the City Council on March 9,2015,to
allow the construction of a comprehensive home health care building on the subject properties.
Ms. Stromberg stated the property owners have advised the petitioner to submit the proposed request to
increase the size of the project at this time rather than construct an addition to the building in the future,
because of the increased interest and perceived demand for this type of facility in this area.
Ms. Stromberg stated the modification of the project will increase the size of the building from 2,486
square feet to 5,732 square feet and the number of beds from 15 to 23.
Planning Commission Meeting �
September 16, 2015
Page 2 of 12
Ms.Stromberg stated the facility will be run by Wish Medical who has affiliations with both Allina and
Fairview. It will be an acute care facility designed towards Transitional Care'[,3nits and will use
Telemedicine to maximize care with minimal on-site care.
Ms. Stromberg stated the patients using the facility will be recovering from surgery,transplant(pre-op
and post-op)or another type of inedical procedure that leaves them needing extensive rehab and medical
services. This type of use is needed for patients,who for medical reasons,cannot be on their own and do
not have family or friends who can care for them.
Ms. Stromberg stated the public heazing notice does say that the beds will be increased from 15 to 24;
however,there was a reduction in the rooms on the third floor to allow more bathrooms,therefore,there
will only be 23 beds. This new facility will also have(10)interior parking stalls.
Ms.Stromberg stated the existing home at 5340 4`h Street will be removed to allow the land area needed
for the larger building; however the existing garage will remain in place,which will provide for(2)
addition enclosed parking stalls.
Ms. Strom6erg stated the proposed building will still be 3-stories,with a maximum height of 35 feet
when measured from the midspan. The at-grade alley level will consist of 10 interior parking spaces with
a 16-foot drive-aisle,(4)bedrooms for patients,a nurses station,bathroom,and dayroom/meeting room.
The second level with have 10 patient rooms,and the third level will have 9 patient rooms with similar
common spaces at grade level. The building will have a stairwell and an elevator and will be have a fire
suppression system installed throughout.
Ms. Stromberg stated the new site plan allows for 20 parking stalls total, 12 will be enclosed(10 within
the existing building and 2 within the existing garage)and 8 surface parking stalls. The petitioner has
also submitted a landscape plan showing new trees,shrub and perennial plantings and will be required to
construct storm water treatment on site to ensure that drainage is maintained on site.
Ms. Stromberg stated as they are aware hospitals,clinics,and convalescendnursing homes are a
permitted special use in the R-3,Multi-Family zoning district provided that the proposed project complies
with the requirements for the special use permit, subject to the stipulations.
Ms. Stromberg stated City Code will require a minimum of 12 parking stalls if the assisted living
parking ratio is used or 18 for a nursing home parking ratio. When staff analyzed this project to begin
with,they used the nursing home ratio as that seemed to be the most similar use in the City's zoning code
related to the comprehensive home health care use.
Ms.Stromberg stated as she previously stated the proposed plan does show 20 parking stalls,which is 2
over what code would require for a nursing home use and 8 over what would be required for an assisted
living use.
Ms. Stromberg stated the 20 parking stalls will be adequate for staff and visitors;however since the
street is not signed"no parking", it is likely that from time to time visitors will park on the street. This is
acceptable,provided it does not start to become a consistent thing as then it will be a problem. Staff will
keep the stipulation previously placed on the special use permit that states if on-street parking becomes an
issue for this site,the special use permit will need to go back before the City Council for further review.
,. Planning Commission Meeting
September 16, 2015
Page 3 of 12
Ms.Stromberg stated they have increased the size of the building,but there is additional land azea
available if additional stalls are required.
Ms. Stromberg stated City Staff recommends approval of this special use permit request with
stipulations. Staff recommends that if the special use permit is granted,the following stipulations be
attached:
1. The petitioner shall obtain a demolition permit prior to removal of the existing house on
the 5300 4�'Street property.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all building, fire,and ADA requirements. .
4. City engineering staff to review and approve grading, drainage,and utitity plan prior to
issuance of a building permit.
5. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6. If on-street parking becomes an issue as a result of this use,the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
7. �If the comprehensive home health care use changes,the special use permit shall be
further reviewed by the City Council.
8. The petitioner shall file the necessary documents with Anoka County to combine both of
the lots involved in this project, 5300 and 5310 4�'Street,prior to issuance of a building
permit.
Commissioner Sielaff asked about the beds being now set at 23.
Ms. Stromberg replied, yes,they lost a unit on the top floor because the doctor who is working with the
petitioner on this project suggested adding more bathrooms to the third floor.
Commissioner Sielaff asked as to the stipulation regarding parking, what would drive an issue? A
certain number of complaints?
Ms. Stromberg replied, yes, or just through staff monitoring the special use permit as it does throughout
the year, if they notice it seems to be a consistent problem with parking on the street.
Todd Ofsthun, TCO Design, stated he did have the doctor plan on coming tonight but he had a family
emergency. He does have a phone number for the doctor if they need to talk to him. As Ms. Stromberg
indicated,the doctor and Mr. Ofsthun sat down several weeks and, after Mr. Ofsthun did the application,
they walked through the facility; and it was the doctor's opinion they needed more bathrooms.
Mr. Ofsthun stated the building is quite an improvement, the look of it, now it fills up the site like it
should, and it is a good buffer between Shell and Bona Brothers. They will have trash enclosures now so
they do not have to worry about garbage cans in the alley. Inside they have some more elbow room,they
have gathering rooms, dining rooms, more of those facility things to have for patients and visitors.
Overall it is just more comfortable for the patients and the staff.
Mr. Ofsthun stated one of the things he was working on over the last few weeks is gathering information
Planning Commission Meeting �
September 16, 2015
Page 4 of 12
through some e-mails he provided Ms. Stromberg to hand out to them. Basically these are from
professionals, including one from Ashley who is part of Wish Medical. She listed possible a.m. and p.m. !
shifts. If you add up the number of those shifts, it is actually 12 -9, daytime shifts and 5 overnight shifts.
She also went into the concern about too much traffic during shift changes and traffic in the area with
possible shifts and how they would stay away from rush hours, etc.
Mr. Ofsthun stated the second e-mail is from a gentleman who runs a management company in out-state
Minnesota and this company manages 17 of these types of facilities. He also has seen the proposed plan,
and Mr. Ofsthun has met with him, and he gave some suggestions. He had the day shift at 11 employees,
the afternoon at 9, and the night at 5.
Mr. Ofsthun stated the third e-mail is from a nurse,Tami Auerbach. She was associated with the Colony
in Eden Prairie which is a 23-bed TCU where she worked for six years. She did not see this facility. She
indicated the most employees she saw at one time was 7; however, she did not include the doctors and ;
therapists, etc. that the others listed at 2-3. If he takes her information, they are in that 10-11 maximum
range.
Mr. Ofsthun stated he is working on an 89-unit facility in St. Francis. The City Planner there is telling
them how much parking is required and their Code is very similar to Fridley's. If indeed these all add up
and 12 is the actual maaLimum employees at one shift,the parking would only be 15 and that is one-third
of what the St.Francis city planner is requiring for the 89-unit building.
Commissioner Olin stated he had two things from an Environmental Commission point of view. He
asked what is Mr. Ofsthun's role? Is he participating in managing the properiy at all? I
Mr.Ofsthun replied,no,he will be providing the architectural and structural plans as well as this portion.
Commissioner Olin stated there is a restriction in here at some point about the storm water drainage
system. He asked Mr. Ofsthun if he is familiar with what that is going to look like?
Mr. Ofsthun replied, what he had anticipated is that they were going to have three rain gardens. They
are going to dig out the area,put in the mixture of soils, and do the rain garden type plantings.
Commissioner Olin asked Mr. Ofsthun whether he has been working with anybody in the City of Fridley
with the design of the rain gardens?
Mr. Ofsthun replied, what he typically does is designs what he thinks, and then Kay Qualley would be
the one he would work with. She has been very helpful with the landscaping part of it.
Commissioner Olin stated the City does feel a lack of participation in recycling from residential units
roughly this size. He asked if Mr. Ofsthun was aware of the resources the City can provide, and the way
that can actually decrease their operating costs.
Mr. Ofsthun replied, he is really not the person to talk with on that, other than he is aware that cities are
starting to do that now and at the staff meeting that was brought up. They did talk a little about that.
When he did the trash enclosure,he did do it double sized of what you typically see.
Commissioner Olin stated he suggests,too,that if Mr. Ofsthun reaches out to Kay Qualley she would be
4 Planning Commission Meeting
September 16, 2015
Page 5 of 12
a wonderful resource for information that can be passed onto to whoever does manage the facility.
Mr. Ofsthun stated he is really confident they are not going to have an issue on the east side of the
building with visitors. Those two doors are exit only, and they will be locked as emergency exits only.
Their receptionist is on the alley side. Also the paperwork for the County to combine the properties has
been started. The County did require the ta�ces be up to date so he did wait until they were going through
this process to finish the paperwork.
Deb Skogen stated she is speaking on behalf of her mother, Marge Otten, residing at 5311 Fourth Street,
which is directly across the street. She previously expressed their concerns about the facility, and the
permit was denied by the Planning Commission at that time. It came back in February having addressed
the majority of their concerns, keeping the building at 15. They pretty much came to a conclusion it was
a done deal and her mom was okay with the project going forward. Now they are back and the facility
has gone from 15 to 23 because of an increased interest or demand she did not know. When this was first
originally presented, they did not discuss expanding the building except for parking, so this is kind of a
surprise.
Ms.Skogen stated originally they were modeling the project like Plateau Health Care which was a single-
family home. They had two units, one in Brooklyn Center, one in Crystal, with maybe three to five
roorns. There appears to be enough parking for the 12 employees.
Ms. Skogen stated the patients will be consisting of those with Alzheimer's, Memory Loss, Parkinson's,
renal, bariatrics, and pulmonary. She met with Mr. Ofsthun and her concern is whether those patients
with Alzheimer's or memory loss, are they going to be secure and safe enough in that environment. She
knows that previously someone from a home, Community Options, went out onto 53rd Avenue and
jumped in front of cars. They want to make sure that does not happen again.
Ms.Skogen stated she understands the City does not deal with licensing and, after reviewing some of the
requirements,she did find that each patient that comes has to sign a patient agreement that includes,but is
not limited to, occupational therapy, physical therapy, speech, respiratory, social workers, dieticians,
nutrition services, medication management, laundry, housekeeping, and shopping. Having had her
mother in the hospital recently with her respiratory disease, a respiratory therapist did come in every 4-6
hours to provide respiratory services.
Ms. Skogen stated some of the other services were also provided but only on a daily basis. While the
therapy and other services may not have been provided at the same time, they were filled in addition to
the 12-member staff coming in. They just want to make sure there is enough parking and if there are 12
staff members,that should leave enough room for them.
Ms. Skogen stated she also understands there are state reyuirements for staffing, training, and
recordkeeping. From what she understands those will be completed by Wish Medical as the management
company. The owner of the property,Gen One,LLC, is the agent who owns it and will lease the building
to Wish Medical. She understands that both of the individuals to be licensed do privately work at Allina
Therapy. She is not sure what other affiliations they have or if they have agreements, but she knows
Allina just built the nice little rehabilitation center up at Unity.
Ms. Skogen stated getting in and out of the alley between this facility and Bona Brothers will be difficult
at times. You have the bike path on the northern side of the street on 53rd Avenue which is one of the
Planning Commission Meeting �
September 16, 2015
Page 6 of 12
few access roads that connect University to Central Avenue and frequently very busy. She is concerned
about individuals, trucks, or other vehicles that are headed eastbound towards Highway 65 turning
northerly into the alley while making a left-hand turn. With rush hour traffic it is difficult getting onto
University Avenue when you head west from Fourth Street because of the bike lane. They used to have
two traffic lanes. One to go straight/turn left and one to turn right. Now they have the one lane that goes
three different directions. She has had to sit at the light on 53rd through two or three light cycles.
Ms. Skogen stated her mother is not opposed to the facility but is concerned about the larger project and
how it will affect traffic and parking. Her mother is on a 40-foot wide lot so the space on the street in
front of her house is minimal, and it is important to use that space for individuals who come and help her
out. Just because the parking for the project meets the requirements, she is wondering if it is the right
thing to do.
Chairperson Kondrick stated Ms. Skogen stated her concerns very well, a lot of her mom's concerns
have been addressed by the petitioner.
MOTION by Commissioner Olin to close the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIItPERSON KONDRICK DECLARED TI�
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:34
P.M.
Chairperson Kondrick stated he has no problems with this. It has changed since they first went through
this. There may still be parking on the street occasionally.
Commissioner Ostwald stated they are not changing the height. They are keeping the basic structure
and increasing the parking. It is not big deal with the parking. They have figured it out well.
Commissioner Olin stated the major potential issues have been thought about.
Chairperson Kondrick stated City staff has done a very good in making sure they are on the right track
in the areas that are of concern. All of them are concerned about patient safety and wellbeing, etc.; and
those issues have been addressed.
MOTION by Commissioner Sielaff accepting into the record the documents from petitioner. Seconded
by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
MOTION by Commissioner Sielaff approving Special Use Permit, SP # 15-09, by TCO Design, is
requesting a modification to Special Use Permit, SP #14-07 that was approved by the City Council on
March 9, 2015, which allowed a comprehensive home health care building at 5300-5310 4th Street. The
modification will increase the size of the building from 2,486 sy. ft, to 5,732 sq. ft. and the number of
beds from 15-23. The increase in building size will be to accommodate the additional units and inside
parking stalls. The overall height of the building and the use will remain the same, generally located at
5300 and 5310 4th Street NE with the following stipulations:
l
. Planning Commission Meeting
September 16, 2015
Page 7 of 12
1. The petitioner shall obtain a demolition permit prior to removal of the existing house on
the 5300 4�'Street property.
2. The petitioner shall obtain all necessary permits prior to construction.
3. The petitioner shall meet all building,fire,and ADA requirements.
4. City engineering staff to review and approve grading,drainage,and utility plan prior to
issuance of a building permit.
5. Landscape and Irrigation plan to be reviewed and approved by City Staff prior to
issuance of building permit.
6. If on-street parking becomes an issue as a result of this use,the special use permit and
options for additional parking shall be further reviewed by the City Council at the
owner's expense.
7, If the comprehensive home health care use changes,the special use permit shall be
further reviewed by the City Council.
8. The petitioner shall file the necessary documents with Anoka County to combine both of
the lots involved in this project, 5300 and 5310 4`�'Street,prior to issuance of a building
permit.
Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED TI�
MOTION CARRIED UNANIMOUSLY.
2. PUBLIC HEARING:
Consideration of a Text Amendment,TA #15-03,by the City of Fridley, amending the text
of the Sign Code reducing the minimum time for the message to change on a dynamic
electronic reader board sign from 45 seconds to 8 seconds.
MOTION by Commissioner Sielaff to open the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNAI�TIMOU5LY AND THE PUBLIC HEARING WAS OPENED AT 7:40
P.M.
Ms.Stromberg stated there are four different areas staff is looking at changing. They are adding a
definition,what is an electronic or a dynamic sign. They are changing the allowable time a message can
change,from once every 45 seconds to once every 8 seconds. They are removing the requirement for
those types of signs to get a special use permit. Then the conditions will be incorporated in the Code
language for the City's business districts as well as institutions.
Ms.Stromberg stated staff has been going out and meeting with the City's businesses over the last few
years. They are doing business retention visits to see how the City's businesses are doing,and what we
can do to help them. One thing they heard from several of them is they were frustrated with the ability to
only have a message change on their electronic message centers,once every 45 seconds.
Chairperson Kondrick asked is it because they wanted to add more messages over the course of a
minute?
t
Planning Commission Meeting �
September 16,2015
Page 8 of 12
Ms.Stromberg replied,right,the abiliTy to get more information out there quicker than once every 45
� seconds. She has also had a few of the Commission members ask her after their Planning Commission
meeting,do they really need to have these businesses go through the special use permit process for the
electronic signs? It seems like they are commonplace these days. They always have the same
stipulations or conditions on the requests. Is there a way they can incorporate that into Code vs.making
them go through this process.
Ms. Stromberg stated, first, staff did some research. They reviewed a 2012 MnDOT study on electronic
signs. That found that a driver glances at an electronic sign not any longer than they would a regular sign.
Just a static sign that does not change at all. Obviously there is more information in that study,but that
was one thing that really stood out to staff.
Ms. Stromberg stated another thing staff researched is what other cities are doing around here. The
timing did vary between the cities yuite a bit,but there were quite a few at 4 seconds, 8 seconds, and then
all the way up to 15 minutes in Minnetonka.
Ms.Stromberg stated the common thing they did find in all of their ordinances is that the signs could not
flash,blink, or have motion. That has always been a concern of staff.
Ms.Stromberg stated then staff researched what was fair and reasonable about the brightness level
because a lot of cities do have a brightness level that the sign can be at during the daytime and the
nighttime hours. They also did call some sign contractors and experts to get their opinion.
Ms. Stromberg stated this amendment will limit the level of brightness that the sign can be during the
daytime hours and the nighttime hours. That level can be measured. It can be programmed into their
system that control the reader board. The City can also purchase a device to measure it if there is any
question that a sign is too bright at night.
Ms.Stromberg stated based on stafFs research and the timing that the message changing has little impact
on dri.vers, staff is recommending that it be changed from 45 seconds to 8 seconds. That is a common
number throughout several cities in the Metro,and it is also MnDOT's standard for their electronic signs
they use on the highway. �
Ms. Stromberg stated staff did some research with other cities on the special use permit and whether
other cities require businesses go through it. It was about half and half. Some cities do still require their
businesses to get the special use permit. Since staff has heard from some of the Commission members
and the businesses,maybe it would be better that they incorporate the City's conditions into the language
in the Code.
Ms. Stromberg stated the new language they are looking to adopt in Code for the businesses and
institutions(which would be churches, schools,and hospitals)would be an electronic message and/or
dynamic sign is allowed provided it does not change more often than once every 8 seconds. Also,the
message shall never flash or have function that may distract vehicular traffic. The third condition would
be the luminance levels. It must comply with no more than 5,000 nits in the daytime hours and not more
than 500 nits in the evening nighttime hour. Those are the luminants measured on the sign.
Ms. Stromberg stated City staff recommends approval of the proposed changes as it benefits the City's
business community; and will make administration of the sign code more efficient,making our drivers no
/
. Planning Commission Meeting
September 16, 2015
Page 9 of 12
less safe and a business no less attractive.
Chairperson Sielaff asked Ms. Stromberg,when staff surveyed the businesses,was it just about
electronic signs or the entire sign ordinance?
Ms. Stromberg replied, she would say that generally each business would love to have more signage;
however,over and over again it was those businesses who have the electronic message center. The City
has quite a few of them now and they just want to have the ability to have it change more frequently.
Overall people are happy with the City's sign code. It was just that one piece that was the most
bothersome.
Scott Hickok,Community Development Director, stated what was interesting about that is staff had
surveyed each of these industries ahead of time before staff went to visit them. Not just about signage but
about anything to do with their businesses, and the Commission will be pleased to hear that industries
generally are very pleased with the services they are receiving here and how Codes fit with what they do.
The commercial entities seem to think when they would go to that expense the City should meet them
partway and allow them to use the messaging in the way it was designed to be used.
Commissioner Ostwald asked if this is approved would will staff actively notify everybody that these
are the new regulations and give them information on how to followup?
Ms. Stromberg replied,yes, staff will follow up with a letter to all the businesses that have them.
Commissioner Olin stated as a City it is a good goal,they want to be easy to work with, and he can
certainly understand why a business owner communicating with the public would want this change. It
appears to him in the approach to processing that request the concern that was presented was what would
it do to people driving,what were the safety concerns;and that was well covered. Was there any thought
or should there be any concern regarding people who live nearby and have windows facing the signs?
Ms. Stromberg replied,the City actually has a provision in its Code already that says these types of signs
need to be at least 50 feet from a residential zoning district or residentially-zoned property. When St.
Williams Church down the street got one, staff had to re-evaluate whether there was enough distance
between the neighbors across the street and their sign. Also,how is the sign facing. Is the brightness
directly facing at their house or is it perpendicular. The City already has those provisions in the City and,
therefore, she feels is protected.
MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIItPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:52
P.M.
Chairperson Kondrick stated just for the sake of conversation,up and down University Avenue.
Suppose they had 20 businesses that had signs changing every 8 seconds. He wondered if that would be a
distraction and would they run into problems with having the City say you cannot have it because it has
too many signs blinking at them every 8 seconds.
Mr.Hickok replied, staff did spend a lot of time on this. They do not take what they say lightly either as
Planning Commission Meeting . �
September 16, 2015
Page 11 of 12
4. Receive the minutes of the July 16, 2015, Housing and Redevelopment Authority
Commission Meeting.
MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive the minutes of the August 5,2015,Appeals Commission Meeting.
MOTION by Commissioner Sielaff to receive the minutes. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg stated there were three items before them last month that were all approved by City
Council. Those were Kiriy's Korner, the electronic sign there, Wallboard special use permit for outdoor
storage and the the preliminary plat for Gilbertson to increase the size of his backyard.
Mr. Hickok stated the plat on the hotel continues to move ahead. Also the corporate entity really had
wanted that as a corporate store rather than a franchise store. Th�y think they have worked out the details
on that so that will become a corporate hotel as opposed to franchise. They love the site and are very
excited about it. They really do want to get in the ground yet this year.
Chairperson Kondrick asked,any talk about making it larger?
Mr. Hickok replied, no, they have looked at that site and evaluated the nnaximum number of beds they
could get while still having adequate parking. Even in that shared parking anangement for overflow,they
think this is the number that is right for them.
Mr. Hickok stated they get questions about the green building on University Avenue asking if that is
going to be green and, no, it is not. The exterior skin is started coming on. It is like a large ceramic tile
almost. It is very thick and has a very interesting weight to it. It is actually like a piece of stone going on.
As to the white part on the base. It is a combination of brick and stone that are going up and will finish
off the face of that building. It is going to be sharp and worth waiting for. Others have noticed the
bollards that have been poured concrete. Those will be the interior of what will then be wrapped in brick
and then there will be stone caps put on those and a nice ornamental fence in between.
Chairperson Kondrick asked,when do they hope to have that open?
Mr.Hickok replied, spring of 2016. Typically they have a month and one half to two months of interior
decoration after the exterior of the building has been finished. Some people have said, that building
seems to be moving very slow. 'The City's building official is very good at what he does, he could be the
best in the country. As the Building Official has gone through there, he has said there has not been one
write up on framing, on sheet rocking, electrical, plumbing, HVAC. They are perfectionists at what they
IY
, Planning Commission Meeting
September 16, 2015
Page l0 of 12
a Commission. They may recall the previous chairperson,Diane Savage,was very concerned about a
similar type of issue that the City would soon become kind of its own Las Vegas here with all of the
changing signs,the lighting, and all the different intensities,etc.
Mr.Hickok stated when this amendment came to the floor and staff started talking about it, staff did take
a look at these stretches and looked at the probability of where these signs might be and how they might
change. It is kind of interesting what they found because up and down the stretch you see a lot of special
use permits but many of these have been gas pricing signs that change.
Mr.Hickok stated as to the ones staff have been seeing that might have a tendency to change every 8
seconds, it is kind of interesting to see the spacing. For example, if you are coming up University Avenue
from 694,you have a gas pricing sign at SuperAmerica,no opportunity for these until you get to
something like Moon Plaza,granted St.Williams has one facing on 61st,but you get to Moon Plaza, and
then you leap quite a ways across before you get to another center like that which might in the future have
some opportunity or interest. Some of the businesses in that stretch are owned,sign included,may take
advantage of that 8-second opportunity. However,the spacing is such that,the zoning helps control
proliferation of those types of signs,the close proximity that would give you kind of that intensity they
are talking about.
Mr.Hickok stated then you get up past the Holly Center,for example,and you have a stretch.
Residential on the one side and commercial entities on the other side. It is typically the commercial
entities that want these signs,not the industrial. It almost does a shoelace-type, staggered pattern along
University Avenue. Along Highway 65 it is even less of a potential. South of 694 commercial entities
are a bit closer together,they are zoned commercial, several of them do have signs like this,Menards,
LivINN Suites,a new entity next to Embers,they are looking at having a stationary sign. The two that
are in there now, even if they went to 8 seconds, staff believes they are spaced far enough apart; and the
Menards sign sits back far enough that you have one fairly close to the road,the LivINN Suites,then you
have one set back behind a drive. Even at night the intensity will not be distracting.
MOTION by Commissioner Sielaff approving Text Amendment,TA#15-03, by the City of Fridley,
amending the text of the Sign Code reducing the minimum time for the message to change on a dynamic
electronic reader board sign from 45 seconds to 8 seconds. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOU5LY.
3. Receive the minutes of the August 11,2015,Environmental Quality and Energ,y
Commission Meeting.
MOTION by Commissioner Ostwald to receive the minutes. Seconded by Commissioner Olin.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Planning Commission Meeting
September 16,2415
Page 12 of 12
do.
Mr.Hickok stated,also as to the setback,people may say it is close to University. Remember that is the
first large complex in the City's transit-oriented disMct which strives to put the emphasis on architecture
and less emphasis on the vehicles. Most residents who go in there will have their vehicle parked under
the building. There is ample room for guest vehicles outside. As you drive by you will see nice
architecture, a nice bollard lit walkway with landscaping through there,that nice ornamental fence; and it
really does emphasize a higher finish with less parking lot in front.
Mr. Hickok stated this developer also planned the end of that building so that if the City gets the money
to do it, elevator core, and walkway over University Avenue, this building will be made to connect to do
� that. The second building they do will be connected by a skyway so their residents can go from the
" second building through the first one and up to the corner to an overpass if the City builds one. All
related to getting them on another mode of transportation if they choose to do that rather than jumping in
their car.
ADJOURN:
MOTION by Commissioner Sielaffto adjourn. Seconded by Commissioner Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED TI�
MOTION CARRIED UNANIlVIOUSLY AND THE MEETING ADJOURNED AT 8:07 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
� f �a����r. moran um
.• e
c�t;����,-
F Fri�ey planning Division
��
DATE: October 15,2015
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Katie Smet,Planning Intern
SUBJECT: Public Hearing regarding TA#15-04,Zoning Code Chapter
Background
For the past few years,City Staff has been drafting proposed language for Chapter 205,Zoning Code.
The purpose of modifying Chapter 205 is to clarify the variance and appeals procedures,to provide a
process by which property owners may be able to expand legally non-conforming structures, and to
update definitions and existing language.
In order to make the Zoning Code more uniform and clear,new definitions have been added to Section
205.03 (Page 1).These new definitions are used in other sections and chapters of City Code and were not
originally defined in Chapter 205.New definitions include: "assembly facility","expansion","fence",
"garage sale","manufactured home","public-right-of-way","trucking ternunal",and"zero lot line".
Some existing definitions have also been modified to match state building code and state statute
definitions and requirements.In addition,a diagram has been created for the definition, "vision safety",
to provide a clearer example for the term's description.
Under Section 205.04.3.F(Page 17), City Staff is proposing an Administrative Non-Conforming
Expansion Permit that would provide a process by which property owners may be able to expand legally .
non-conforming structures if they meet permit requirements.Important to note is that the expansion
permit would only allow property owners to expand sections of their building where the expansion
conforms to setback requirements, lot width,height,and other zoning code requirements.
Furthermore, some sections of Chapter 205 have been modified to organize and provide a clearer
understanding of City Code requirements. Specifically, Section 205.04.8 (Page 27), "Multi-Story Parking
Structures",has been modified to say"Parking Standards"and provides information on parking
structures,parking dimensions,and angled parking.Likewise, in sections 205.05.6 (Page 33)and Section
205.05.7 (Page 36),the variance and appeal procedures have been separated into two different sections to
clarify and differentiate the variance and appeal processes.Most importantly,by putting appeals into its
own section,it is clearer to readers that property owners who appeal a code enforcement decision made
by the Planning Commission to the City Council can only go through a review process rather than a
second hearing.Lastly, Section 205.05.10(Page 37)simplified the right-of-way/easement vacation
process.
Recommendation
Staff recommends that the Planning Coxnxnission hold the public hearing as advertised for the Text
Amendment#15-04, for the purpose of hearing anyone concerned about the proposed changes to the
CiTy's Zoning Ordinance. At this time,no one on staff has received any inquiries as a result of the public
notice for the hearing. The City Council is expected to hold a public hearing on this proposed text
amendment on November 9,2015.
' Ordinance No._ Page 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 205.ZONING; SECTION 205.03
DEFINITIONS; SECTION 205.04 GENERAL PROVISIONS; SECTION 205.05
ADMINISTARTION AND ENFORCEMENT; AND SECTION 205.06
ESTABLISHMENT OF DISTRICTS OF THE FRIDLEY CITY CODE
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 Chapter 205, Section 205.03 of the Fridley City Code be hereby amended
as follows:
205.03. DEFINITIONS
For the purpose of this Chapter certain terms and words are hereby defined: Words used in the
present tense shall include the future; words in the singular include the plural, and the plural the
singular; the word "building" shall include the word "structure"; and the word "lot" shall include
the word "plot"; and the word "shall" is mandatory and not directory; and the word "including"
shall mean"including, but not limited to".
1. Accessory Building or Use.
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. Alley.
A public right of way less than thirty (30) feet in width which affords secondary access to an
abutting property.
3. Alternate Energy Devices.
Non-fossil fuel energy devices.
4. Apartment.
A room or suite of rooms in a multiple dwelling which is arranged, designed, used or intended to
be used as a dwelling unit for one(1) family.
5. Assembly Facilitv
A facilitv available for private events such as weddings, conferences or meetin� This
defimtion does not include rental for uses that are open to the eneral public
Ordinance No._ Page 2 ^
36. Automobile Service Station.
A place where fuel and other essential services related to the operation of motor vehicles are
retailed directly to the public. This does not include motor vehicle repair.
g7. Bicycle Lanes And Ways.
A bicycle lane is any portion of a roadway set aside for the exclusive use of bicycles or other
vehicles propelled by human power and so designated by appropriate signs and markings. A
bicycle way is a path, sidewalk or portion thereof designated for use by bicycles or other vehicles
propelled by human power.
�8. Block.
That property abutting on one side of a street and lying between the two (2) nearest intersecting
or intercepting streets or nearest intersecting or intercepting street and railroad right of way,
waterway, or other barrier to or gap in the continuity of development along such street.
S9. Boarding, Rooming or Lodging House. ,
Any dwelling where meals and lodging for compensation are provided for five (5) or more
people who are not members of the principal family.
110. Boulevard.
That area between the street surfacing or curb and the public right-of-way line.
181. Building.
Any structure having walls and a roof, built for the shelter or enclosure of persons, animals or
property of any kind.
1�2. Building Height.
The vertical distance measured from the average elevation of a finished grade at the front of the
building to the highest point in the case of a flat roof; to the deck line of a mansard roof; and to -
the mean distance between eaves and ridge of a gable,hip or gambrel roof.
1�3. Business.
Any occupation, employment or enterprise wherein merchandise is exhibited or sold or which
occupies time, attention, labor or materials or where services are offered for compensation.
' Ordinance No._ Page 3
1�4.Church.
A building where persons regularly assemble for religious worship and which is maintained and
controlled by a religious body organized to sustain public worship.
145.Commercial Recreation.
A place where leisure time activities are offered to the general public for a fee including, but not
limited to, health clubs, racquet clubs, billiard halls and bowling alleys, but not including
massage parlors. (Ref. 900)
1�6.Common Open Space.
Any land, water or combination which is intended for the use and enjoyment of residents of a
development,but not including individual building lots and land accepted for public dedication.
1 g7.Condominium.
A multiple dwelling in which portions are designated for separate ownership and the remainder
of which is designated for common ownership solely by the owners of these portions. A
multiple dwelling is not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
1�8. Crematory
A furnace for cremating; also: an establishment containing such a furnace.
1 S9. Curb Grade.
The established elevation of the curb in front of the building measured at the center of such front.
Where no curb grade has been established,the City shall establish such curb elevation.
�-920. Day Care, Centers.
Any non-home based program, that for compensation or otherwise, provides for the care of
children outside their home for part of a 24 hour day. Includes, but is not limited to, programs
for children known as nursery schools, day nurseries, child care centers, and day care facilities.
(Ref. 864)
281. Day Care, Useable Floor Area.
Primary space exclusive of hallways, bathrooms, lockers, kitchens, and floor space occupied by
sanitary equipment, but not including equipment and furnishings regularly used by the children.
(Ref. 864)
Ordinance No._ Page 4 �
2�2. District.
A section or sections of the incorporated area of the City for which the regulations and
provisions governing the use of building and land are uniform for each class of use permitted
therein.
2�3. Driveway.
A private hard surfaced road giving access from a public way to a building or abutting grounds.
2�4. Dwelling.
> > , , ,
�e�na�;�e�eut�e����el���e�s: A building that contains one or more Dwelling
Units used, intended or designed to be used, rented, leased, let or hired out to be-occupied for
livin�purposes.
245. Dwelling, Multiple.
A building or portion thereof designed for occupancy by two (2) or more families living
independently of each other.
2�6. Dwelling, One-Family.
A detached building designed exclusively for occupancy by one(1) family.
2b7. Dwelling, Two-Family.
A building designed exclusively for occupancy by two (2) families living independently of each
other.
2�8. Dwelling Unit.
A single unit providing complete independent living facilities for one (1) or more persons
including permanent provisions for living, sleeping, eating, cooking and sanitation, which
includes but is not limited to provisions for plumbing.
29. Expansion
Anv structural modification which increases an existin� structure's square footage, volume or
foo rint.
�830. Family.
An individual or two (2) or more persons related by blood,marriage or adoption, including foster
children and bona fide domestic servants, subject to the following conditions:
' Ordinance No._ Page 5
A. More than five (5) unrelated persons living in a dwelling unit shall not constitute a
family.
B. A group home which is a federal t� exempt nonprofit organization shall not constitute a
family if the total persons other than the live-in staff or principal occupant exceeds five
(5).
�131. Farmers Market
A temporary, seasonal event that provides an opportunity for the public to buy Minnesota grown
fresh fiuits, vegetables, flowers and food products directly from farmers, growers or producers.
These locally grown products are picked fresh and brought straight to the market and sold by the
growers themselves. Alternatively, they are locally grown products that are prepared or
processed according to guidelines set forth by Minnesota Department of Agriculture's Food &
Dairy Inspection Division in accordance with the Minnesota Department of Health. Locally
crafted specialty items are allowable provided they are not mass produced.
32. Fence
A structure, partition or wall erected for the �urpose of enclosing a piece of land or to divide a
piece of land into distinct nortions. The term "fence" includes an enclosure made of a permanent
material, such as wood or iron.
3A3. Fleet Vehicle
. Any motor vehicle a company owns or leases that is in the normal operation of the accepted
principal use. Vehicles not considered fleet vehicles include off-road, construction, farm
implement, and personal vehicles. (Ref 1272))
3�4. FraternalOrganization
A group of people formally organized for a common interest, usually cultural, religious, or
entertainment,with regular meetings and formal written memberships.
3�5. Garage, Heavy Duty Repair.
A place where major repair of motor vehicles is conducted£�v�s}es�se�sec�-t�e�ege�3="�
�r �hr�� �r �:�_?� �=•��R�+ ��� � *, includine engine rebuildin ,�repairin� or reconditioning
and collision service which includes but is not limited to body frame or fender strai tenin�
overall namtmg of motor vehicles.
3�6. Garage, Private.
An accessory building or accessory portion of the principal building which is us used to store
motor vehicles or other personal property of the resident.
Ordinance No._ Page 6 �
347. Garage, Public.
A building used for the sale of new or used motor vehicles or where motor vehicles are parked or
stored for a remuneration or where motor vehicles are repaired within the structure as a service
accessory to the main use.
3�8. Garage, Repair.
A place where major repair of motor vehicles is conducted, including engine rebuilding, repair,
or reconditionin�, but not including a� collision services. ' , j
�� ��
39. Gara eg Sale.
The sale of tan 'g ba le personal propertv that was obtained by the person making the sale, throu�h
purchase or otherwise for his or her own use that is conducted on premises within a residential
district upon which is located in a dwelling includin� but not limited to all sales entitled
"�ara�e," "lawn,""vard,""flea market," ar"rumma e'� , sale•
�b40. Grade, Finished Ground.
i
The average finished ground elevation along the front wall of the main building.
�41. Guest Room.
A room or group of rooms intended for living or sleeping for compensation, occupied by one (1)
or more people, in which no provision is made for cooking.
�842. Home Occupation.
Any gainful occupation or profession engaged in by the owner or occupant of a Dwelling Unit
and occurring within the Dwelling Unit that meets all the requirements set forth in the applicable
provisions of the Zoning Code. Any home occupation must meet all requirements as specified in
the corresponding zoning code. Any home occupation shall be clearly incidental and secondary
to the principal use of the premises and shall have no adverse impact to building aesthetics,
traffic voluxne,hours of operation,noise, odor, dust, smoke,heat, vibration, or any other activity
that adversely affects the health, safety, and general welfare or is detrimental to the residential
nature of the surrounding neighborhood. (Ref Ord 1301)
�943. Hospital.
An institurion open to the public, in wluch sick or injured persons receive medical, surgical or
psychiatric treatment.
' Ordinance No._ Page 7
4A4.Hotel.
A building consisting of six (6) or more guest rooms and designed for occupancy as a temporary
lodging place of individuals.
4�5. Institution
A public or private institution including but not limited to: places of worship, schools, hospitals
and medical clinics.
4�6. Integral Part of a Principal Structure.
Constructed in general conformity to the principal structure in terms of framing, finishing and
overall use.
4�7. Junk Yard.
�n„+�"'^,.;,° D°�.,�';~,. r°~*°~` An open area where waste and used materials are bought, sold,
exchanged, stored, packed, disassembled or handled as a principal use, including scrap iron and
other metals,paper, rags, rubber, wire and bottles. A junkyard includes an automobile wrecking,,
e� salvage, or recvcling yard, but does not include uses that are entirely within enclosed
buildings or City Council approved recycling centers.
448. Kennel.
Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or
more dogs or cats, at least six (6)months of age, are kept. (Ref. 979.)
4�9. Laboratory.
A place devoted to experimental study such as testing and analyzing. The term laboratory does
not include product manufacturing.
4650. Landscaping.
The improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock,
wood chips,retaining walls and other functional, ornamental or decorative features.
4�51. Living Area.
The area of a Dwelling Unit designed to be used for living purposes, including bedrooms, dining
room, living room and the like, which are usually and customarily used for family purposes, as
distinguished from any garage or other type of accessory space.
Ordinance No._ Page 8 �
4$52. Loading Dock.
Any off-street area or raised platform, on the same lot with a building or contiguous to a group of
buildings, for the temporary parking of a commercial vehicle while loading or unloading
merchandise or materials.
4153. Lot.
A parcel of land sufficient in size to meet the minimum zoning requirements for use, coverage
and area, and to provide such yards and other open spaces as are required. A lot shall have
frontage on a dedicated or private street and may consist of
A. A single lot of record or a portion of a lot of record.
B. A combination of complete lots of record and/or portions of lots of record.
C. A parcel of land described by metes and bounds, provided that any subdivision of any
residual lot shall meet the requirements of this Chapter.
594.Lot, Corner.
A lot situated at the intersection of two (2) or more streets.
5�5.Lot Depth.
The horizontal distance measured between the front and rear lot lines.
5�6.Lot, Double Frontage.
A lot with opposite lot lines on two (2) nonintersecting streets. Both street frontages shall be
considered as front yard areas.
5�7.Lot, Frontage.
The front of a lot shall be that boundary of a lot along a street right of way. If a lot is a corner lot,
the front shall be the shorter lot line that abuts the street right of way, but if the dimensions of a
corner lot are within ten percent (10%) of being equal, the owner may select either street lot line
as the front.
548.Lot Width.
The horizontal distance between the side lot lines measured at right angles to the lot depth at a
point equal to the minimum required front yard depth.
� Ordinance No._ Page 9
59. Manufactured Home
A structure, not affixed to or part of real estate transportable in one of more sections which in
the travelin� mode, is ei�ht (8) feet or more in width or forty�40) feet or more in len�th or
when erected on site, is three hundred twentv (320) or more sauare feet and which is built on a
permanent chassis and desi�ned to be used as a dwellin�with or without a permanent foundation
when connected to the required utilities and includes the plumbin heatin� air conditionin�
and electrical svstem contained in it.
3�60. ��e Manufactured Home Park.
An approved area for the parking of occupied manufactured homes.
�61.Mortuary
A place in which dead bodies are kept until burial.
�62. MoteL
A building containing guest rooms, with direct access to garage or parking spaces, and which is
used for the accommodation of transient individuals.
�863. Motor Vehicle.
u=;' .'°'�'"'° ���'��^'� � °'�~r^„°"°a. For the nurposes of Chapter 205, a machine pro elp led by
power other than human nower designed to travel along the ground by use of wheels treads
runners or slides and trans�orts persons or propertv or pulls equipment and shall include but not
be limited to, automobiles, trucks motor homes motorcvcles tractors
all terrain vehicles (ATVs),utility task vehicles (UTVs) and snowmobiles
�366. Multi-Story Parking Structure
�e�ri�le}�lc�g A structures ser�e�of two or more stories�s, •-�'�°-�° � r°�„, a;-���* �*-���*
,
whether privatelv or ublicly owned,used for parking more than four automobiles.
687.Nonconforming Use.
Any building, structure or land lawfully occupied by a use or lawfully existing at the time of the
passage of this Chapter or amendments thereto, which does not conform with the regulations of
this Chapter or future amendments, for the district in which it is situated.
6�8.Nursing Home.
A State licensed facility used to provide care for the aged and infirm persons who require nursing
care and related services.
Ordinance No._ Page 10 �
6�9. Parking Stall.
,
,
t�e-e�€'reere��i�er-.-(�e�-93��-An area for the purpose of parking one automobile,
surfaced with concrete or asphalt, with access to a public street or alle�
�70. Parking Stall, Accessible.
A parkin� snace reserved exclusively for an automobile registered with the state of Minnesota
with accessible license plates or a state-issued temporarv accessible parkin�,,pass• z4ssess�e
, . . .
��
71. Parking Stall,Angled.
An�parking space that is not parallel to the curb or driving aisle.
6472. Public Facility.
Any facility which is owned, operated or maintained by the City of Fridley or any other
governmental agency.
g-573. Public Property.
Any property owned by the City of Fridley or any other governmental agency.
74. Public Ri t-of-Wav
For purposes of Chapter 205, "Right-of-Way" or "Public Ri t-of-Way" means the area on,
below, or above a public roadwav, hi way, street, allev, bicycle lane, or public sidewalk in
which the Citv has an interest, includin� other dedicated rights-of-way for travel purposes and
utilitv easements of the City. A ri t-of-wav does not include the airwaves above a ri t-of-way
with regard to cellular or other non-wire telecommunications or broadcast services.
f 675. Restaurant.
An establishment where meals can be purchased by the public for a fee, including the following
types:
` Ordinance No._ Page 11
A. A Class I restaurant is any restaurant or cafeteria, where food is served to, or selected by,
a customer for consumption primarily on the premises, and which do not sell or serve
liquor.
B. A Class II restaurant is any restaurant which has 25% or more of their sales taken away
from the premises for consumption and which may serve beer and/or wine for
consumption on the premises. Class II restaurants include,but are not limited to, take-out
pizza parlors and fast food establishments.
C. A Class III restaurant is any sit down restaurant which serves food and intoxicating liquor
for consumption on the premises.
D. A Drive-in restaurant is any restaurant which sells, serves or offers goods or services
directly to customers who are either waiting in parked vehicles or who return to their
vehicles to consume or use the goods or services while on the premises. (Ref. 900)
676.Retort.
A vessel or chamber in which substances are distilled or decomposed by heat.
6877. Seasonal Outdoor Food Sales (Ref. 1032)
A food establishment wherein food is stored, prepared, manufactured, processed, wrapped,
canned, packed, bottled, transported, distributed, or served from a trailer, vehicle, stand,
enclosure, space, or area which is located outdoors and not within the principal or accessory
structure and/or use on the property. Further, the food items are served and for sale on a
temporary or seasonal basis as defined below:
A. Special event sales are sales which occur for a minimum of one (1) and a maximum of
ten(10) consecutive days, no more than two times per year.
B. Weekly sales are sales which occur for a minimum of one (1) and a maximum of three
(3) consecutive days in one week.
C. Daily sales are sales which occur for ten(10) or more consecutive days.
Outdoor eating areas accessory to restaurants, as defined herein, are not considered seasonal
outdoor food sales.
bs178. Service Use.
The cleaning, washing, adjusting, repairing, rebuilding, overhauling or finishing of manufactured
products.
Ordinance No._ Page 12 �
7A9. Setback, Front Yard.
The minimum distance between the front line of a lot and a structure located on that lot.
�80. Setback, Rear Yard.
The minimum distance between the rear line of a lot and a structure located on that lot.
�81. Setback, Side Yard.
The minimum distance between the side line of a lot and a structure located on that lot.
�82. Single Family Attached Development.
Individually owned dwelling units which share a common wall and/or land including
townhouses,townhomes and condominiums.
�483. Solar Collector.
A device or structure used to gather solar energy.
�584. Solar Energy.
Radiant energy received from the sun, either direct, diffused or reflected.
�85. Solar Energy Devices.
A set of devices whose primary purpose is to collect, convert and store solar energy, including
heating and cooling of buildings and other energy processes, or to produce generated power by
means of any combination of collecting, transferring or converting solar energy.
�86. Speculative Building.
A building or group of buildings, which consists of area whose use has not been determined at
the time of construction.
�887. Story.
That part of a building included between the surface of any floor and the surface of the next floor
above it; if there is no floor above it, the space between the floor and the ceiling above it. A
basement is a story for the purposes of height regulations if one-half (1/2) or more of the
basement height is above the level of the adjoining ground.
� Ordinance No._ Page 13
�188. Street.
A public or private thoroughfare which, provides the principal means of access to the abutting
property.
8A9.Streets,Arterial.
A street designed primarily to carry traffic between large land use units, as defined in the ,
Transportation section of the current Fridley Comprehensive Plan. (Ref. 864)
5-�90. Streets, Collector.
A street designed primarily to carry traffic from local streets to arterial streets and highways, as
defined in the Transportation section of the current Fridley Comprehensive Plan. (Ref. 864)
8�91. Streets, Local.
A street of limited continuity designed primarily to carry traffic to the abutting properties and
higher order streets, as defined in the Transportation section of the current Fridley
Comprehensive Plan. (Ref. 864)
5�92. Structural Alteration.
Any change, addition, or modification in construction in the supporting members of a building,
including exterior walls, bearing walls, beams, columns, foundations, girders, floor joists, rafters
or trusses.
8493. Structure.
Anything constructed or erected, •��'���'� --°����r°� '��°*��„ on e�e�the ground or attached��
to the ground or on-site utilities, above ground, including
but not limited to,buildings sheds detached gara�es cabins and manufactured homes.
5594. Townhouse.
A unit where the owner has title to the unit and the underlying land with common ownership of
the real estate which is not covered by the structure.
95. Truckin�Terminal
Anv premises used by a motor frei t companv that is a carrier of goods which is the ori '�an or
destination noint of�oods being transported for the purpose of storing transferring loadin� and
unloadin� og ods•
Ordinance No._ Page 14
Sb96. Use.
The purpose for which land, a building or structure is or is to be used or occupied.
5�97. Used Car Lot.
A lot containing more than two (2)motor vehicles on display for the purpose of resale.
SS98. Utility Company.
Any person, firm, corporation, municipal deparhnent or board duly authorized to furnish to the
public, under public regulation, electricity, gas, heat, power, steam, telephone, telegraph,
transportation, sewer, water or cable television.
$99.Utility Use.
Transmission facilities and structures for electric power, gas, water, sewer, telephone, and cable
television.
100. Vehicle
Any device in, upon, or bv which an�nerson or property is or mav be transported or drawn upon
a hi wa ,�pting devices used exclusivelv upon stationarv rails or tracks.
38101. Vision Safety Zone.
The triangular area of a corner lot beginning at the intersection of the street surface edge or curb
lines, t�er�se measurin� forty (40) feet along each curb line�ker�se and a straight line between
thetwo (2) points�„� ro 0 0 �,�„� ��,o �,.:.,,,,�.,�,,,. „ o o ,.oa �.,,,,, �..,a„+., �:,,e ��c� �o.
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Vision Safety Zone Diagrazu
` Ordinance No._ � Page 15
9102. Walkway or Sidewalk.
A surface designated for pedestrian use.
�103. Waterway.
"°�~° ~°°^'�;~�- ��°' �a:~R ° , Any body of water that recei�es storm water runoff,
includin�wetlands, lakes, ponds, streams, rivers, and reservoirs. Shall not include water flowing
on streets, or op olin�for less than 24 hours onprivate propertv after a rain event.
4�104. Wind Power Generator.
A windmill that converts wind energy by means of inechanical rotation directly in to mechanical
or electrical energy.
�4105. Yard.
An open space on the same lot with a main building, except as otherwise provided in this
Chapter.
�106. Yard, Front.
A yard extending across the full width of the lot and lying between the front line of the lot and
the nearest line of the principal building.
Ab107. Yard, Rear.
A yard extending across the full width of the lot and lying between the rear line of the lot and the
nearest line of the principal building.
�108. Yard, Side.
A yard extending across the full length of a lot and the main building extending from the front
yard to the rear yard and having a width equal to the shortest distance between the side line and
the principal building.
109. Zero Lot Line
The location of a buildin�on a lot in such a manner that one or more of the building's sides rests
directly on a lot line and complies with all fire code requirements for construction on a lot line.
Ordinance No._ Page 16
Section 2: That Chapter 205, Section 205.04 of the Fridley City Code be hereby amended as
follows: ,
205.04. GENERAL PROVISIONS
1. DECLAR.ATION OF POLICY
A. In the interpretation and application of this Chapter, the provisions of this Chapter shall
be held to be the minimum requirements for the promotion of the public health, safety,
convenience and general welfare of the residents of the City.
B. Where the conditions imposed by any provision of this Chapter are either more restrictive
or less restrictive than comparable conditions imposed by any law, ordinance, statute,
resolution or regulation of any kind, the regulations which are more restrictive or which
impose higher standards or requirements shall prevail.
C. No structure shall be erected, converted, enlarged, reconstructed or altered, and no
structure or land shall be used for any purpose or in any manner which is not in
conformity with the provisions of this Code.
2. SEVERABILITY
It is hereby declared to be the intention of the City that the provisions of this Chapter are
severable in accordance with the following:
A. If any court of competent jurisdiction shall adjudge any provision of this Chapter to be
invalid, such judgment shall not affect any other provisions of this Chapter not
specifically included in said judgment.
B. If any court of competent jurisdiction shall adjudge invalid the application of any
provision of this Chapter to a particular property, building or other structure, such
judgment shall not affect the application of said provision to any other property, building
or structure not specifically included in said judgment.
3. NONCONFORMING USES AND STRUCTURES
Any nonconformity, including the lawful use or occupation of land or premises existing at the
time of the adoption of an additional control under this chapter, may be continued, including
through repair, replacement, restoration, maintenance, or improvement, but not including
expansion,unless:
A. The nonconformity or occupancy is discontinued for a period of more than one year.
� Ordinance No._ Page 17
B. Any nonconforming use is destroyed by fire or other peril to the extent of greater than
50 percent of its market value, and no building permit has been applied for within 180
days of when the property is damaged. In this case, the City may impose reasonable
conditions upon a building permit in order to mitigate any newly created impact on
adjacent property. (Ref 1220)
C. The provisions herein for the continuance of nonconforming uses shall not prevent or
interfere with action that may be taken to abate any nuisance in any manner provided by
law.
D. Any structure or any portion of a structure which is situated unlawfully within a public
street or alley or other public way or thoroughfare, is hereby declared to be a
nonconforming use, whether or not its use is otherwise in conformity with the regulations
of the district in which said structure is located. Any such structure shall be subject to any
and all applicable regulations herein for nonconforming uses except in the event the City
Council shall require removal of the structure or portion thereof for a public purpose in
which case such requirement shall prevail.
E. The provisions of this Chapter shall pertain to all lawful nonconforming uses or
structures as applicable and specifically to the performance standards outlined in the
established districts.
F. Administrative Non-Conforming Expansion Permit.
(1) The Cit� through its Communitv Development Director or Planning Mana eg r, mav
permit an expansion of a non-conformin� structure imposing reasonable regulations
to prevent a public nuisance or protect the�ublic health, welfare and safet�pursuant
to Minnesota State Statute Section 462.357, Subdivision 1(eZ(b . It mav be possible
for a non-conforming structure to be expanded onlv if the expansion does not increase
the non-conformity present and meets the relevant land use re�ulations, includin b�ut
not limited to lot coverage, setbacks, and hei�
(2) Application.
In order to be able to le a�llv expand a structure that is non-conforming, an application
for a Non-conformin�pansion Permit must be made to the Citv. The application
must be on forms provided by the City and must be accompanied by the followin�
(a) Completed application form with propertv owner's si an�
(b) Scalable Certificate of Survev of the propertv which shows, at a minimum, all lot
lines, existin� and pronosed structures, drivewavs and parking areas, setbacks,
easements, significant topo�raphical features, and mature trees;
(c) Fee required by Chapter 11 of Citv Code; and
Ordinance No._ Page 18 �
(d) Such other documentation as mav be re uiq red bv the City,
(3) Decisions.
The Citv shall make its decision subject to condition within sixty(60) davs of receipt
of comuleted anplication. An expansion permit for a non-conforming structure maX
be �ranted bv the Communitv Development Director or Planning Mana�er if the
a�plicant meets the burden of provin�
(1) The exnansion does not increase or intensifv the existing non-conformitv
(2) The expansion would be architecturally compatible with the existin� rincipal
structure;
(3) Ade uacy of off-street narkin�for the expansion•
(4) Absence of adverse off-site impacts from such thin�s as traffic vision safetv_
noise, dust, odors, and parking;
(5) The expansion is an improvement to the appearance and stability of the property
and nei�hborhood by ensuring the pronosed expansion would meet all currently
existin zoning and buildin�code requirements• and
(6) The expansion would be compatible with the character of the neighborhood as to
provide approuriate visual relief to the surroundin�
(4) The Communitv Development Director or Planning Manager may impose reasonable
conditions related to health safetv.
(5) Terms of Exnansion Permit.
An expansion permit �ranted by the City will run with the land and will be perpetual
unless no buildin� permit has been issued or substantial work performed within one
year of the anproval in which case the permit will be null or void The planning staff
ma extend the eriod for construction u on findin that the interest of the owners of
nei�hborin� nroperties will not be adversely affected bv such extension If the
expansion nermit is vart of an approved site and buildin�plan extension of the time
period of construction will be contin e� nt upon a similar extension of the time period
for the site and building plan bv Citv staff Once the project is completed as
a�proved the expansion permit becomes perpetual
(6) Appeals.
A nerson a��rieved by a decision of the Communitv Develonment Director or
Plannin� Mana eg r re ardin an expansion permit mav appeal their case to the Citv_
Council pursuant to Chapter 205.05.7
' Ordinance No._ Page 19
(7) Recordin�.
A certified copv of the ex ansion permit must be filed bv the Citv Staff with the
Anoka County Property Records Department. The ex anp sion permit must contain a
legal descrintion of the propertv affected.
(8) Violation Of Non-Conforming Expansion Permit.
A person who violates fails to com�lv with or assists directs or permits the
violation of the terms or conditions of an expansion permit is u�iltv of a
misdemeanor. A violation of the expansion permit sha11 result in revocation of the
exnansion permit. Revocation shall occur after a public hearing bv the Citv Council
and in compliance with Minnesota Statutes Chapter 462. A violation also constitutes
a public nuisance that mav be abated in accordance with the provisions of Chanter
128.
4. BUILDING SITE (Ref. 1010)
A. No lot shall be so reduced or diminished, nor shall any structure be so enlarged or moved,
as to reduce or diminish the yards, lot area or open space required in the district in which
it is located. No yard or other open space required for any building shall be considered as
providing a yard or open space for any other building, and no yard or open space on an
adjoining lot or parcel of property shall be considered as providing a yard or open space
on a lot where a building is to be erected.
B. Only one (1)principal building shall be located on a buildable R-1 lot.
C. Every lot, in order to be built on, shall have at least one (1) lot line which abuts for not
less than twenty-five(25) feet along a street or along a permanent,unobstructed easement
of access to the lot from a public street as approved by the City.
D. Where no curb elevation has been established, the City shall furnish such elevations. If
curb elevations are not available, the City shall approve the elevation of the building and
the drainage plan before a building permit is issued.
,
Ordinance No._ Page 20 �
�E. Easements for pedestrian and bicycle paths �a}e shall be provided on those arp cels �e�s
abuttin streets designated for trails and/or sidewalks �'��R "-��' ���a��-� �� ��*°a in the
currently anproved version of the City's Active Transportation ' Plan. The
City will designate the required width of easements and elevations for grades at the time
a building is constructed on the property. 'T''�° '���-��'° • �'�°'�•T��" -- ��a° *'�° � °
����e�� �„;°'� ^�-°a° �Y '�:�-.�'° Any landscaping o� irri ag tion
systems installed in the easement after December 31, 2015, must be removed and
replaced at the propertv owner's expense when the trail or sidewalk is installed in the
future.
E�F. Where the front yard setback of existing buildings is greater than the minimum front
yard setback required and said existing buildings are within one hundred (100) feet on
either side of a structure to be erected, then the setback for the new structure can be six
(6) feet more or less of this mean depth of the adjacent structures but in no case shall it be
less than the required front yard setback. In the case where one of the adjacent properties
is vacant, the assumed setback will be the minimum front yard setback requirement of the
zoning district that applies to the property.
�G. In computing the depth of a rear yard setback for any building where the rear line of the
lot adjoins an alley, one half(1/2) of the width of the alley may be included as rear yard
depth, provided that the actual rear yard depth on the lot shall not be less than twenty(20)
feet in any residential district and not less than twenty-five(25) feet in any other district.
�H.Land Alteration. No land shall be altered and no use shall be permitted that results in
water run-off causing flooding, erosion or deposits of mineral on adjacent properties.
The following standards shall be implemented:
(1) The City hereby adopts by reference the Minnesota Pollution Control Agency,
Division of Water Quality, "Protecting Water Quality in Urban Areas, Best
Management Practices for Minnesota" within which are the National Urban Runoff
Pollution Standards and Best Management Practices.
(2) A grading and drainage plan shall be submitted in conjunction with a building or land
alteration permit and shall be drawn at a scale no smaller than one(1) inch equals two
hundred feet, and shall contain,but is not limited to,the following information:
(a) existing and proposed grades with a minimum of two foot contour intervals to a
known sea level datum;
(b) sufficient spot elevations on all proposed hard surface areas;
(c) estimated run-off of the area based upon five (5) and one hundred (100) year 24
hour storm events with a minimum time of intensity of twenty(20)minutes;
(d) provisions to carry run-off to the nearest adequate outlet, such as a storm drain,
natural drainage way or street;
' Ordinance No._ Page 21
(e) location of any proposed ponding areas, indicating the size and depth of the pond
and amount of acre feet of water to be stored;
(fl finished floor elevations of all buildings;
(g) identification of soil conditions by type and location, including identification of
the water table, and suitability of the soil for the proposed development, and
(h) identification of any areas located within a flood hazard and hazard zone as
identified by the City's floodplain overlays.
(3) Exceptions. A grading and drainage plan is not required for the following
development activities:
(a) minor land disturbance activities moving less than 50 cubic vards or 5 truckloads
of soil such as home gardens and individual residential landscaping, repairs, and
maintenance work;
(b) construction, installation, maintenance of above ground electric and telephone
utility lines or individual service connection to the utility lines;
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(ec) installation of a driveway under five thousand (5,000�square feet fence, sign,
telephone and electric poles and other kinds of posts or poles;
(€d) emergency work and repairs to protect life, limb or property; and
(ge) federal, state, county, and municipal road construction designed and installed
according to standard specifications.
(4) A stormwater pollution control plan and time schedule shall be submitted in
accordance with Chapter 208, Stormwater Management and Erosion Control.
Ordinance No._ Page 22 �
(5)Stormwater run-off from a developed site will leave at no greater rate or lesser quality
than the stormwater run-off from the site in an undeveloped condition. Stormwater
run-off shall not exceed the rate of run-off of the undeveloped land for a 24 hour
storm with a 1 year return frequency. Detention facilities shall be designed for a 24
hour storm with a 100 year return frequency. All run-off shall be properly channeled
into a storm drain water course, ponding area or other public facility designed for that
purpose. Any change in grade affecting water run-off onto an adjacent property must
be approved by the City.
(6)In order to ensure the construction was completed in accordance with the approved
design and plans, an "as-built" survey of detention facilities on the property shall be
prepared and submitted to the City. The plan shall indicate the size, location,
elevation, and depth of the pond as well as the location of all structures and any
ground opening elevations on them.
(7) For those detention facilities which are to be maintained by the property owner, a
maintenance agreement shall be executed by the property owner and recorded against
the property title to ensure proper ongoing maintenance.
J, The standards established herein serve, among the other purposes of this Chapter, to
provide each structure located on any land, a building site suitable to its particular needs
as well as adequate areas of open space between that structure and any adjacent building,
and as deemed suitable or appropriate to each building or structure and their respective
uses. It is also deemed a purpose herein to provide standards which encourage uses of
land and the erection of buildings and structures in areas which are open, unplatted or
without any substantial number of buildings located therein, as are of a type, size, style
and design as are deemed by the City and its inhabitants to meet the needs and the
purposes of residential, commercial or industrial uses; and, to enable an owner to make a
reasonable use of a parcel of land recorded or approved prior to the enactment of this
Chapter and is therefore, smaller or different in type, size, style or design from that
otherwise required herein.
K. No changes in exterior building dimensions, exterior parking areas or drainage as
established in approved City plans will be made unless reapproved by the City.
5. ACCESSORY BUILDINGS AND STRUCTURES
A. No accessory building or structure shall be permitted on any lot prior to the time of the
issuance of the building permit for the construction of the principal building.
B. Accessory buildings and structures are permitted in the rear yard and side yard only,
subject to the following restrictions:
(1) Accessory buildings and structures in the rear yard shall not be any closer than three
(3) feet to any lot line.
' Ordinance No._ Page 23
(2) Accessory buildings and structures in the side yards shall not be any closer than five
(5) feet to any lot line except in the case of additions to existing, attached single-car
garages, where the side yard may be reduced to less than five(5) feet from the
property line, provided the expanded garage will be no wider than twenty-two (22)
feet.
(a) The setback for an addition to an attached single-car garage may be reduced to
three(3) feet from the side lot line if the nearest structure on the adjacent lot is:
((1)) a livin�area�se located at least ten(10) feet from the lot line; or
((2)) a double-car garage which is located at least five(5) feet from the lot line.
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(3) All exterior walls of attached garages less than five (5) feet from the property line,
must be constructed of materials approved for one-hour fire resistance on the inside
with no unprotected openings allowed. The maximum roof projection is limited to
two (2) feet. (Ref. 888)
(4) Any accessory building or structure within three (3) feet of the principal building
shall be considered attached and a part of the principal building for applying setback
regulations.
(5) Unless otherwise herein specified, no accessory building or structure shall exceed the
height or the size of the principal building.
(6) Accessory buildings or structures shall not occupy more than thirty-five percent
(35%)of the area of a required rear yard.
C. The building height limits for principal buildings established herein for districts shall not
apply to belfries, cupolas, domes, spires, monuments, airway beacons, radio towers,
windmills, flagpoles, chimneys, flues, bulkheads, elevators, water tanks, poles, towers
and other structures for essential services, nor to similar structures or necessary
mechanical appurtenances extending above the roof of any building and not occupying
more than twenty-five percent(25%) of the area of such roof.
D. In the event there is a request to place a structure that is over 200 feet in height, the
Commissioner of Transportation shall be notified of the proposed structure.
Ordinance No._ Page 24
6. REQUIRED YARD AND OPEN SPACE
A. The following shall not be considered an encroachment on yard and setback
requirements:
(1) Yard lights and name plate signs in the residential districts provided such lights and
signs are three (3) feet or more from all lot lines and meet size requirements under the
Chapter of the City Code entitled "Signs". Lights for illuminating parking and
loading areas or yards for safety and security purposes may be provided where
necessary, provided that not more than three (3) foot candles of light intensity is
present at the property line.
(2)On the primary structure, chimneys, flues, belt courses, sills, pilasters, lintels,
ornamental features, cornices, eaves, bays, gutters and other similar projections are
permitted, provided that they do not extend more than two (2) feet into the required
yard and in no instance in the residential districts, any nearer than three (3) feet from
the lot line.
(3) Canopies and steps to building entrances may extend not more than ten (10) feet into
any required front yard. Decks, unenclosed porches, canopies, and steps to building
entrances may not extend more than ten (10) feet into the required rear yard setback
and not more than three (3) feet into any required side yard, provided they do not
extend nearer than five(5) feet to any lot line.
(4) On existing structures, vestibules may extend not more than five (5) feet into the
required yards provided they are only one (1) story and do not exceed fifty (50)
square feet.
(5) Open work fire balconies and fire escapes may extend not more than one and one-half
(1-1/2) feet into the required yard.
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{S� Landscaping or anv other visual ,
' "°� °�°+�+��„ +'��+ ��� ° barrier in residential districts shall not exceed a height
of thirty (30) inches if within ten (10) feet of a driveway access for a distance of 10
feet in each direction from the intersection of the property line and street right of way
line .
(}7) On corner lots, no planting or structures shall impede vision between a height of
thirty(30)inches and seven(7) feet above the curb line in the�Vision sSafety�Zone.
' Ordinance No. Page 25
(�A8) In no case shall a fence or similar barrier impede vehicular vision or cause a
hazardous condition to exist.
B. Access across the boulevard is restricted to driveways and sidewalks. The
public ri t-of-wa�portion of a driveway cannot be used to meet the
minimum�arkingrequirements of a propertv.
,
�,c� �o+;r ,��;.a�h_
7. ENVIRONMENTAL QUALITY
In order to assure compliance with these environmental quality standards, the City may require
the owner or operator of any use to conduct such investigations and tests as may be required to
show adherence to the environmental quality standards. Any investigations and tests shall be
carried out by an independent testing organization agreed upon by all parties concerned or, if
after thirty(30) days notice, there is failure to agree, an independent testing organization selected
by the City. The costs incurred in having such investigations or tests conducted shall be shared
equally by the owner or operator and the City. If the investigation and testing disclose
noncompliance with the environmental quality standards, the entire cost shall be paid by the
owner or operator. This procedure shall not preclude the City from making any tests and
investigations it finds appropriate to determine compliance with these standards.
A. Explosives.
No activities involving the storage, utilization or manufacture of materials or products
such as TNT, dynamite or other explosives which could detonate shall be permitted
except such as are specifically licensed by the City Council.
B. Radiation and Electrical Emissions.
No activities shall be permitted that emit dangerous radioactivity beyond enclosed areas.
There shall be no electrical disturbance (except those from domestic household
appliances) adversely affecting the operation of any equipment other than that of the
creator of such disturbance beyond the property line.
C. Other Nuisance Characteristics.
No noise, odors,vibration, smoke, air pollution,liquid or solid wastes,heat, glare,dust or
other such adverse influences shall be permitted in any district that will in any way have
an objectionable effect upon ad}acent or nearby property. All wastes in all districts shall
be disposed of in a manner that is not dangerous to public health and safety, nor will
damage public waste transmission or disposal facilities. Minimum standards shall be as
follows:
Ordinance No._ Page 26 �
(1) Noise: The noise standards shall comply with the Chapter 124 entitled "Noise" of the
Fridley City Code.
(2) Odors: The odor standards shall comply with the Chapter 109 entitled "Air Quality"
of the Fridley City Code.
(3) Vibration: Any vibration discernible (beyond property line) to the human sense or
feeling for three minutes or more of duration in any one hour or any vibration
producing an acceleration of more than 0.1 G's or resulting in any combination of
amplitudes and frequencies beyond the "safe" range of Table 7, United States Bureau
of Mines Bulletin No. 442, "Seismic Effects of Quarry Blasting", on any structure
shall be prohibited.
(4) Smoke: The smoke standards shall comply with the Chapter 109 entitled "Air
Quality" of the Fridley City Code, except for wood burning devices used for
supplemental heat.
(5) Air Pollution and Dust: The air pollution and dust standards shall comply with the
Chapter 109 entitled"Air Quality" of the Fridley City Code.
(6) Toxic or Noxious Matter: No use shall, for any period of time, deposit or discharge
across the boundaries of the lot wherein it is located, toxic or noxious matter of such
concentration as to be detrimental to or endanger the public health, safety, comfort or
welfare or cause injury or damage to property or businesses.
D. Erosion.
(1) No erosion shall be permitted onto neighboring properties or into natural waterways.
A property owner shall not permit the property to be used or built on without
applying all such reasonable measures as may be required to prevent wind or water
erosion. The City may require reasonable measures of a property owner or developer
to prevent wind or water erosion.
(2) The City may review any development plan to ensure that erosion and sedimentation
shall be effectively controlled in accordance with Chapter 208, Stormwater
Management and Erosion Control.
E. Water Pollution.
The discharge of raw sewage, industrial wastes or other pollutants into the waterways or
lakes of the City shall be subject to the regulations of the Minnesota Pollution Control
Agency.
' Ordinance No._ Page 27
F. Solid Waste.
Sanitary landfills shall be prohibited.
. ,
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�$• PARKING STANDARDS
A. �
a��—��-i��e�-i� „�„�,� �.,.,,�o a + a
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�Unless snecified elsewhere in the corresponding zonin� district code parking
stalls shall be ten (10) feet wide bv twent�(20) feet long Where a�azking stall abuts a
curb or sidewalk, the stall length may be reduced to ei teen (18,�feet Parkin stalls
shall be strined in narkin� lots with more than four(4)parking stalls Accessible parkin.g
spaces shall be nrovided in accordance with Minnesota Rules Chapter 1341
B. An ed Parking ��° �,���e-��-e€��1' �� * �� a ,8' �
-z�-t��-,��--���� -zor
Ordinance No._ Page 28 �
�1) Besides 90 degree ap rkin�, 45 or 60 de eg�e an lg ed parking is allowed, with the
minimum parking stall width of nine(9) feet and twent�(20 feet long�
�C. Multi-Story Parking Structures �l�}g-s���o�TO�re��°r��-sa��T��
� 'e�a�e�Ser�ie2�-�'.��e-�f9�6vr,... .,. „��n c� ,,.,a �Q� ;� ���
(1 Parking stall size for multi-stor�narking structures may be a minimum of ei t and a
half(8.5) feet in width and eighteen 18 feet lon�provided that parking stalls are for
lon�-term emplo�parkin�
�2) Drive aisles shall be a mir�imum of twent, -f� our (24) feet for two-way traffic and
ei teen(18) feet for one-wav traffic if structure is properl�gned.
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SecNon 3: That Chapter 205, Section 205.05 of the Fridley City Code be hereby amended as
follows:
205.05. ADMINISTRATION AND ENFORCEMENT
1. ZONING ADMINISTRATOR
The Zoning Administrator as designated by the City Manager shall provide for:
A. The maintaining of permanent and current records of this Chapter including all map
amendments, conditional uses,variances, appeals and applications hereto.
B. The receiving, filing and forwarding of all applications for amendments, variances,
special uses or other matters to the appropriate Commissions and City Council.
C. The issuance of all permits and certificates required by this Chapter.
D. The inspection and examination of all buildings and land, and the issuance of written
orders required in remedying any conditions which are found to be in violation of this
Chapter.
E. A liaison to the Planning Commission and its member Commissions.
F. The enforcement of the decisions of the City Council pertaining to this Chapter.
' Ordinance No._ Page 29
2. APPLICATION PROCESS
Any applications submitted for land use-related matters, including, but not limited to, variances,
special use permits, requests for rezoning, plan and subdivision approval, shall only be submitted
in the manner provided in this Code. Any written request or submission for application not
submitted in the manner prescribed under this Code shall not be deemed"complete."
At the first meeting of each year, or as soon after as practicable, the City Council shall establish
dates for the following year on which completed application will be accepted. No application is
complete or may be accepted on any date other than those established by the Council for
submission.
When a written request or initial application is received by the City, the City shall, within te�
fifteen (15) business days of its receipt, notify the person making the written request or
submission if it is not complete. If such notification is sent, it shall contain a list of those items
necessary to complete the request or submission. No period for agency action specified in
Minnesota Statutes Section 15.99 shall commence until a complete application is submitted to
the City, including any items specified in the notice from the City as the basis for a determination
of incompleteness.
The City expressly reserves the right to extend, with written notice, the period for action under
Minnesota Statutes Section 15.99 for a period of up to 60 days beyond the deadline specified
therein, if the City or its staff find that additional time is reasonably necessary to process and
review the submission. An extension beyond 60 days may be provided with the consent of the
person or persons submitting the application or request.
3. ANNEXATION
Areas hereinafter annexed to the City of Fridley shall be considered to be in R-1 Districts, and
may be changed wholly or partly to any other District or Districts only by an amendment or
amendments as provided for herein except where a different zoning classification is established
by and under any ordinance for the annexation of the affected lands. Within ninety (90) days
after the effective date of any annexation, the City Council shall cause necessary-studies to be
made for the determination of the need if any, for any change in the zoning classification.
4. AMENDMENT TO THE ZONING ORDINANCE
The Council, by a four-fifths (4/Sths) vote, may adopt amendments to this Chapter as required.
The procedure shall be as follows:
A. Initiation for Amendment.
(1) Any person owning real estate may petition the City Council to amend the district
boundaries so as to affect the real estate.
Ordinance No._ Page 30 �
(2) The City Council or the Planning Commission may, upon their own motion, initiate a
request to amend the text or the districting map of this Chapter.
B. Application for Amendment.
All petitions for amendments shall be filed with the City on forms provided by the City
together with such filing fee as may be established by the City Council.
C. Referral to the Planning Commission.
All petitions for amendments shall be referred to the Planning Commission which shall
hold an official public hearing within
forty(40) days of the date of filing such petition.
D. Hearing.
A notice of hearing shall be published in the official newspaper at least ten (10) days, but
not more than thirty (30) days, prior to the date of the hearing. The notice shall contain
the dates of the public hearing before the Planning Commission and the City Council.
E. Action By The Planning Commission.
(1) If the request is for district change, notices shall be mailed not less than ten (10) days
nor more than thirty (30) days prior to the hearing to all owners of property within
350 feet of the parcel of land included in the request. The notice shall contain the
dates of the public hearing before both the Planning Commission and the City
Council. Failure of a property owner to receive notice shall not invalidate any such
proceedings as set forth within this Chapter.
(2) The Planning Commission shall make its recommendation to the City Council on
the night of the public hearing. In the event that no action can be taken by the
Planning Commission because of the absence of available information or, in its
judgment, an inadequate period of time has elapsed to fully examine or study the
application or other submission, the period of time for the action by the City shall be,
for purposes of Minnesota Statutes Section 15.99, be immediately extended for an
additional sixty(60) days, or such lesser time as the City may, in its discretion, deem
reasonable under the circumstances, and the person_or persons making the application
or other submission shall be immediately notified of the extension in writing.
' Ordinance No._ Page 31
F. Action by The City Council.
(1) All petitions for amendments shall be forwarded to the City Council from the
Planning Commission. The City Council shall hold an official public hearing at the
next available meeting following the Planning commission public hearing, with
adequate time given to prepare the minutes of the hearing, and follow the process for
approval of an ordinance as required under the Fridley City Charter. In no case shall
this exceed sixty (60) days either from the date of the receipt of the completed
application or submission,unless extended by the Citv Council
to a date a�reeable to , the petitioner. (Ref. 1082)
(2) If the request is for a district change, notices shall be mailed not less than ten (10)
days nor more than thirty (30) days prior to the hearing to all owners of property
within 350 feet of the parcel of land included in the request. The notice shall contain
the dates of the public hearings before both the Planning Commission and the City
Council. Failure of a property owner to receive notice sha11 not invalidate any such
proceedings as set forth within this Chapter. (Ref. 1082)
5. SPECIAL USE PERMIT
A. Purpose.
The purpose of this Section is to provide the City of Fridley with a reasonable degree of
discretion in determining the suitability of certain designated uses upon the general
welfare, public health and safety. In making this determination the City may consider the
nature of the land upon which the use is to be located, the nature of the adjoining land or
buildings, the effect upon traffic into and from the premises or on any adjoining roads,
and all such other factors as the City shall reasonably deem a requisite of consideration in
determining the effect of such use. For the purpose of recording, the terms Special Use
Permit and Conditional Use Permit shall be said to mean one and the same pursuant to
M.S.A. Section 462.3595, Subdivision 4.
B. Application.
Whenever this Chapter requires a Special Use Permit, an application in writing must be
filed with the City together with such filing fee as may be established by the City Council
and shall be accompanied by a site plan or other documentation as required by the City.
C. Referral To The Planning Commission.
The application and related file shall be referred to the Planning Commission for study
concerning the effect of the proposed use on the Comprehensive Plan and on the
character and development of the neighborhood. The Planning Commission shall hold an
official public hearing within forty (40) days of the date of filing such petition. (Ord.
1082)
Ordinance No._ Page 32
D. Hearing.
A notice of public hearing shall be published in the official newspaper at least ten (10)
days but not more than thirty(30) days prior to the date of the hearing.
E. Action by The Planning Commission.
(1) Notices shall be mailed to all owners of property within 350 feet of the parcel
included in the request not less than ten (10) days nor more than thirty(30) days prior
to the hearing. Failure of a property owner to receive notice sha11 not invalidate any
such proceedings as set forth within this Chapter. (Ref. 1026)
(2) The Commission shall make its recommendation to the City Council on the night of
the public hearing, except as otherwise provided herein.
F. Council Action.
(1) The City Council shall consider applications for Special Use Permits at the next
available meeting following the Planning Commission public hearing, with adequate
time given to prepare the minutes of the hearing. In no case shall this exceed sixty
(60) days from the receipt of the completed application unless otherwise extended,
with written notice to the applicant for up to sixty (60) additional days, or as
otherwise consented to in writing by the Petitioner.
(2) Approval: In considering applications for Special Use Permits under this Code, the
City Council shall consider the advice and recommendations of the Planning
Commission and the effect of the proposed use upon the health, safety and general
welfare of occupants of surrounding lands, existing and anticipated traffic conditions
and the effect on values of property in the surrounding area. If it is determined that
the proposed use will not be detrimental to the health, safety or general welfare of the
community, nor will cause serious traffic congestion nor hazard, nor will seriously
depreciate surrounding property values, and that the same is in harmony with the
general purpose and intent of the Zoning Code, the City Council may grant such
permit and may impose conditions and safeguards therein by a favorable vote of a
majority of all members of the Council.
(3) Agreement: The City Council may require a written agreement, deposit of certified
check or funds, a bond or other assurance of faithful observance of conditions, the
violation of which shall invalidate the permit and shall be considered a violation of
this Chapter.
' Ordinance No._ Page 33
(4) Denial: Special Use Permits may be denied by motion of the Council and such motion
shall constitute that conditions required for approval do not exist.
No application for a Special Use Permit which has been denied wholly or in part,
shall be resubmitted for a period of six (6) months from the date of said order of
denial, except on new ground or new evidence or proof of changes of conditions
found to be valid by the Planning Commission.
G. Lapse of a Special Use Permit by Non-Use.
Whenever within one (1) year after granting a Special Use Permit, the recipient of the
Special Use Permit shall not have commenced the work as required by the permit, then
such permit shall become null and void unless a petition for an extension of time in which
to complete the work is granted. Such extension shall be requested in writing and filed
with the City at least twenty (20) days before the expiration of the original Special Use
Permit. The request for extension shall state facts showing a good faith attempt to
complete the work. Such petition shall be presented to the City Council for final action.
F. Revocation of Special Use Permit.
Failure to comply with any and all conditions and stipulations issued with a Sspecial
U�se P�ermit shall result in revocation of the Sspecial U�se �ermit. Revocation shall
occur after a public hearing by the City Council and in compliance with Minnesota
Statutes Chapter 462. All costs incurred by the City during the revocation process may
be assessed to the property.
6. VARIANCES
A. Appeals Commission.
The City Council created an Appeals Commission to serve as the�Board of sA^ppeals and
aAdjustment; and to exercise all the authority and perfortn all functions of said bBoard
pursuant to Minnesota Statute Sections 462.351 to 462.364 and operate according to the
Fridley City Code.
B. Petition by Owner.
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� ; � w �1.,0 �„�., ���,o ,�e.. a +�,o •,;,,,. aa �.�.
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Ordinance No._ Page 34
(�l) : A variance mav be�ranted
when it is in harmonv with the eg neral purposes and intent of this Chapter and when
the variance is consistent with the comprehensive plan. A property owner may�
request a variance when
the owner establishes that there are practical difficulties
in complving with this Chapter.
An application�r � �,°-�°-��° �'��„ must be filed with the City and s�a�must state the
exceptional conditions and the peculiar and practical difficulties claimed as a basis for
a variance.
C. Hearin�.
Within thirtv (30) davs after filing a completed application, the Appeals Commission
shall hold a hearing thereon and sha11 hear such persons that want to be heard. Notice of
such hearin� shall be mailed out at least ten (l0�vs before the date of hearing to each
owner of affected propertv situated wholly or partiallv within 350 feet of the requested
variance location.
ED. Recommendations by Appeals Commission.
��t�i�—����3�5�--�e�-�rl;,,,. r�°�„' � °—���t��-��r
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�
ei��e�s-����--��3����� . The Appeals
Commission must act and report its recommendations �within a reasonable time�
t�e-�e���t�e-�ea�.t-Ee�s�n..» ,�,.,vo ;�� o o„a.,+;,,,,� ..,��
�ect�e�e��ie�s--a�t�,��c;�., r„ao „a �M,,,,,.a e€-s�sn
so that the City Council can act on the application within
sixt�(60) days of receipt of completed application. The A�peals Commission may
impose conditions in the grantin�of a variance that the Commission considers necessary
to protect adjacent properties. (Ref. 1026)
�E. Variances in R-1 Zoning.
(1) In areas zoned R-1 (One Family Dwelling District) and S-1 (Hvde Park
Nei�hborhood District�, the Appeals Commission has the authority to grant final
approval of variances when all of the following conditions are met:
(a) There is unanimous agreement of the Appeals Commission.
(b) The staff concurs with the recommendations of the Appeals Commission.
(c) The general public attending the meeting or responding to the notice of public
hearing have no objection.
� Ordinance No._ Page 35
(d) The petitioner is in agreement with the recommendation.
(2) When the above conditions are not met, the variance request must be reviewed by the
City Council.
£F. Record of Action Taken.
The Appeals Commission shall provide for a written record or video recordin� of its
proceedings which shall include the minutes of its meeting, its findings and the
recommendation, e� approval, or denial of each matter heard by it. The finding of fact
shall contain the following:
(1) The public policy which is served by requirement.-i
(2) The unique circumstance of the property that cause practical
difficulties ' in the strict application of the requirement:; and
(3) ,
. �
stipulations of the variance approval.
�G. Action by The City Council.
The Citv Council ' , must act on the
recommendation of the Appeals Commission, •�*'� �'���� r° ° � '�-• +'�° D'���;��-
' , and decide on the action to be taken within sixtv (601 davs of the notice of
variance.
CH. Lapse of Variance by Non-use.
If work as permitted by a variance is not commenced within one year and completed
within two years after granting of a variance, then the variance shall become null and
void unless a petition for extension of time in which to complete the work has been
granted by the City Council. Such extension shall be requested in writing and filed with
the City at least twenty (20) days before the expiration of the original variance. The
request for extension shall state facts showing a good faith attempt to complete the work
permitted in the variance. Such petition shall be presented to the a}�e�a�e�e�} Citv
Council for review andlor decision.
Ordinance No._ Page 36 �
7. APPEALS
A. Appeals Commission.
The Citv Council created an Appeals Commission to serve as the Board of Anneals and
Adiustment and to exercise all the authority and perform all functions of said Board
pursuant to Minnesota Statute Sections 462.351 to 462 364 and operate accordin tg o the
Fridley City Code.
B. Petition by Owner.
(1) Anv person ag�rieved bv an alleged error in any order requirement decision or
determination made by a Code Enforcement Officer or anv other duly authorized
agent in the enforcement of this Cha tp er may request a hearing before the Appeals
Commission. The appeal must be made in writin� to the Community Development
Director according to the terms and procedures established in Chapter 128 of City
Code, and must fully state the order appealed from, the facts of the matter and the
mailing address of the owner.
C. Hearin�.
The Community Development Director shall noti the A peals Commission and the
propertv owner of the hearing's date, time, and place. Within sixt�(60) days after filing
an anpeal from the administrative order, the Apneals Commission shall hold a public
hearin� thereon, unless a date is a egr ed upon by the propertv owner and the Cit .�
the propertv owner and representatives of the City may a�pear at the hearing with
Council and mav call witnesses and present relevant and competent evidence.
D. Recommendations bv Appeals Commission.
Within ten (101 davs after such hearin�, the Appeals Commission shall reverse or affirm
wholly or partly, or ma�fv the order, requirement, decision or determination of the
Code Enforcement Officer or other dulv authorized a ent.
E. Record of Action Taken.
The Appeals Commission shall provide for a written record or video recording of its
proceedin�s which shall include the minutes of its meetin� its findin�s and the
recommendation, a�proval, or denial of each matter heard by it. The finding of fact shall
contain the followin�:
(11 The public policy which is served by requirement•
(2) The unique circumstance of the property that cause practical
difficulties in the strict application of the requirement; and
' Ordinance No._ Page 37
(3L�pulations of the variance approval.
F. Appeal to Council.
Any nerson aggrieved bv the decision of the Appeals Commission may appeal that
decision to the Citv Council bv filing notice of such anpeal with the Communitv_
Development Director within twenty (20) days of receiving notice of the A,�peals
Commission's decision. The Appeal must be in writing and must include a statement of
the alle�ed errors or omissions of the Appeal Commission. The City Council shall review
the record and recommendation created by the Appeals Commission within twentv (20�
davs followin� an ap eal request and shall reverse or affirm wholl�or partiv or modifX
the order, requirement, decision, or determination of the Appeal Commission. If the
Council fails to make a timelv decision, the appeal shall be deemed to have been
ap roved.
�8. VACATIONS
A. Application.
��A rivate party desiring to vacate any up blic right of way�-�r mav file a
",;��';�„ , ~~+;~h ~~ ,�� '�° �'°a written vacation request with the City together
with s��g the fee a�-�e established in Chapter 11 of the Cit.��}�e-C�}
� and ��u'n '�° ° °a '��� � ��*° --�°� � �*�°- the documentation as required
by the City on the application. Documentation s#a�mav include a written petition signed
by a�a majorit, o�f the property owners directly taking access from or abutting the up blic
right of way e�-ease�e� to be vacated; indicatin� their agreement of the vacation
request.
B. Public Water .
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t„�.i;;,�.o,,,.;�,., ,;��,;� �,.,..,inm a,,..� „���.o a.,�o ,.��i;,,,. � ,,.�, re�•�• If a public ri t of
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wav included in a vacation application adjoins a bodv of public water a written notice
must be sent to the Commissioner of the Minnesota Deparhnent of natural Resources at
least sixtv(60� days before the hearin�on the matter. In such cases the Ci may provide
for an extension of no more than sixty (60) davs of the period for consideration of the
application bv notifvin t� he applicant in writin�. Failure of a propertv owner to receive
notice shall not invalidate any such proceedings as set forth within this Chapter.
C. Council Hearing and Action.
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Ordinance No._ Page 38
{� Hearin�. The City Council shall conduct a public hearin� followin� notice described
in this Section on the vacation request. The City Council shall follow such procedures
as established b the City Charter for approval of vacation requests 'r''�° ��mm;�sie�
�1,R 1 ,...,,7��ikC rr�a,nmxnnrir�ntinn + +1, !"'� /'� '1 +1, 1,� �+1, 1.1' 1,
J � v iii �
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c°'''�d°-�^*;r�n nf thn ntin�ir�tinn 1 +'� +�+ 1' + �41.. � ,7 '�'
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J �] ] �'U VL r1t111L1ZCpR-RpJG11C
,� Notice. The public hearing shall follow a minimum two (2) week's published and
posted notice and a minimum ten (10) dav written notice to any adjoinin�property
owner and on public ri t of way vacations.
(3) Reservation of Interest. The Citv Council may specify the extent to which such
vacation affects existin� easements therein and the extent to which the vacation
affects the authorit of anv person corporation or citv owning or controllin� electric
or telephone poles and lines, �as and sewer lines or water pipes mains and h. d�
thereon or thereunder, to continue to maintain the same or to enter upon such public
right of wav or portion thereof vacated to maintain repair replace remove or
otherwise attend thereto.
, ,
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> � � J Y� cu ib i
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� � ��vu .�uun
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��� A
�rr];^°*'^� i�ts�hlnd thn C;tv 'a � + � +t, �n a
-�rr----__-__ _., .».._..»� .�.., �..> ....,) t,..,...... .... ..., ��..�.a�,v,. v�
ao ;;��,r� , ,.:+;,, r„ „�► avn�t�hnll n + t, a �t� aa•�• � � a
a � ,7 � ., ..a, �.��y �c.3�
' Ordinance No. Page 39
� .�,,,,,,,.;� �►„�;,,,,
,
89. BUILDING PERMITS
A. No construction shall commence until a building permit has been issued indicating that
the existing or proposed structure and the use of the land, comply with this Chapter and
all building codes.
(1) All applications for building permits which will affect the outside dimensions of a
structure; shall be accompanied by three (3) copies of a site plan.
(2)If the site consists of land not a part of a subdivision or land composed of partial lots,
the site plan shall be attached to a survey or a registered land survey showing the
actual dimensions of the lot, lots or parcel to be built upon. The site plan shall also
show dimensions of existing and or proposed structures to be erected or structurally
altered, their location on the site in relation to the outside boundary, the required
off-street parking plan, proposed and existing grades, which indicate drainage
considerations, and such other information as may be necessary to provide for the
enforcement of these regulations.
(3) Site plans submitted for a11 uses except one and two family dwellings shall contain
lighting and landscape plans, and all site improvements are to be bonded at the rate of
3�/o�of the tota�roiect cost�uv +o a m�imum amount of$60,000 er�e-a��e�
� ,.,,��, guaranteed by sas�; letter of credit or bond to the
City. '� ..°�? ---±'-'- `� ��'� �:��_�*.:��.
�- �
(4) The Council may waive the bond requirement, but a performance agreement would
then be required from the land owner, requiring the work to be done within a
reasonable time, to be fixed in the agreement, and if such improvements are not
completed within the time specified, the City may construct or complete such
improvements and assess the cost against the owner.
B. No building permit will be issued unless sufficient construction plans or written
description of construction, grading, excavating and filling as required by the City to
assure reasonable structural safety and adequacy of building and finished grades for the
proposed use have been submitted and approved.
Ordinance No._ Page 40 �
C. Once construction of the foundation has been completed, an as-built certificate of survey
showing the location of the foundation shall be required, before the framing of the
structure is begun.
D. All institutional,multiple dwelling, commercial and industrial developments must obtain
a parking lot(land alteration)permit before paving may begin on any parking lot built or
added onto, that is not a part of a building permit. A plan for the parking lot shall be
submitted to the City for approval. This plan shall show the proposed site, structures,
access drives, off-street loading spaces, screening, lighting, stacking spaces, curbing,
drainage, striping, landscaping,parking spaces, existing structures within 100 feet of the
site and paving specifications. If the proposed plan meets all City and State requirements,
a land alteration permit shall be issued.
E. Every permit issued by the City under the provisions of this Code shall expire by
limitation and become null and void if the building or work authorized by such permit is
not commenced within 180 days from the date of such permit, or if the building or work
authorized by such permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be recommenced, a new
permit shall be first obtained, and the fee therefor shall be one-half (1/2) the amount
required for a new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such; work; and provided further that
such suspension or abandonment has not exceeded one(1) year.
F. Any permittee holding an unexpired permit may apply for an extension of the time within
which he or she may commence work under that permit when he or she is unable to
commence work within the time required by this Section for good and satisfactory
reasons. The building official may extend the time for action by the permittee for a period
not exceeding 180 days upon written request by the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit
shall be extended more than once. In order to renew action on a permit after expiration,
the permittee shall pay a new full permit fee.
�10. CERTIFICATE OF OCCUPANCY
A. A certificate of occupancy shall be obtained for all new construction stating that all
provisions of this Chapter and the Chapter of the Fridley City Code entitled "Building
and Related Permit Fees" are in compliance.
B. A certificate of compliance shall be issued to all existing legal nonconforming and
conforming uses which do not have a certificate of occupancy after all public health,
safety, convenience and general welfare conditions of the City Code are in compliance.
' Ordinance No._ Page 41
C. No permit or license required by the City of Fridley or other governmental agency sha11
be issued by any department official or employee of the City of such governmental
agency, unless the application for such permit or license is accompanied by proof of the
issuance of a certificate of occupancy or certificate of compliance.
118. ENFORCEMENT
Violation a Misdemeanor; Penalty.
The owner of a building or premises in or upon which a violation of any provisions of
this Chapter has been committed, or shall exist; or the lessee of the entire building or
entire premises in or upon which a violation has been committed or shall exist; or the
owner or lessee of any part of the building, or premises in or upon which such violation
has been committed or shall exist, shall be guilty of a misdemeanor, and subject to all
penalties provided for such violations under the provision of Chapter 901 of this Code
each and every day that such violation continues. Any such person who, having been
served with an order to remove any such violation, shall fail to comply with said order to
remove any such violation, within ten (10) days after such service, or shall continue to
violate any provisions of the regulations made under authority of this Chapter in the
respect named in such order shall be guilty of a misdemeanor and subject to all penalties
provided for such violations under the provisions of Chapter 901 of this Code. Each day
that such violation continues shall be a separate violation.
Ordinance No._ Page 42 �
Section 4: That Chapter 205, Section 205.06 of the Fridley City Code be hereby amended as
follows:
205.06. ESTABLISHMENT OF DISTRICTS
For the purpose of this Chapter the following districts are hereby established within the City of
Fridley:
Title Section
R-1 Districts; or One-Family Dwelling Districts..................................................................205.07
R-2 Districts; or Two-Family Dwelling Districts.................................................................205.08
R-3 Districts; or General Multiple Dwelling Districts..........................................................205.09
R-4 Districts; or Mobile Home Park Districts......................................................................205.10
SFA Development; or Single Family Attached Development................................................205.11
P Districts; or Public Facilities Districts..............................................................................205.12
C-1 Districts; or Local Business Districts.......................
......................................................205.13
C-2 Districts; or General Business Districts.........................................................................205.14
C-3 Districts; or General Shopping Center Districts..............................................................205.15
CR-1 Districts; or General office Districts...........................................................................205.16
M-1 Districts; or Light Industrial Districts.............................................................................205.17
M-2 Districts; or Heavy Industrial Districts...........................................................................205.18
M-3 Districts; or Heavy Industrial, Outdoor Intensive Districts............................................205.19
M-4 Districts; or Manufacturing Only Districts.....................................................................205.20
PUD Districts; or Planned Unit Development Districts .........................................................205.21
SDistricts; or Special Districts...............................................................................................205.22
S-1 - Hyde Park Neighborhood District..................................................................................205.23
S-2 - Redevelopment District..................................................................................................205.24
S-3 —Heavy Industrial, Onaway Addition District.................................................................205.25
0 Overlay District....................................................................................................................205.26
0-1 - r':��.>::.0 D;-,°r Dr��� +• T�• *w +Floodplain Mana�ement Overlay District.........205.27
.u.
0-2 - Critical Areas District.....................................................................................................205.28
0-4 -Wetland District:............................................................................................................205.29
0-5 - Telecommunications Towers and Facilities District......................................................205.30
0-6- Pre-1955 Residential Lots'.............................................................................................205.31
0-7—Shoreland Overlay District...................................................................... .
205 32
0-8—Transit Oriented Development District.......................................................205.33
Said districts are shown upon the zoning map, as adopted December 29, 1955, and amended up
to the date of adoption of this Chapter. Said map and all notations, references and other
information shown thereon, shall be as much a part of this Chapter as if the matters and
information set forth by said map were all fully described herein.
� Ordinance No._ Page 43
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:
First Reading:
Second Reading:
Published:
���`� , f
::• emoran um
. �:��s��
� ' Frid'ey �lanning Division
��.
DATE: October l4, 2015
TO: Fridley Planning Commission
FROM: Scott Hickok,Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Katie Smet, Planning Intern
SUBJECT: Public Hearing for Text Amendment#15-05,Creek and River Preservation District
Background
After years of waiting,this past July,the City was notified that FEMA would be issuing new Flood
Insurance Rate Maps(FIItMs)that would become effective December 16,2015. Issuance of new maps
comes with a requirement that the City adopt revised floodplain management regulations along with the
new maps. The City must adopt the new regulations and maps by December 16,2015, in order to
continue to participate in the National Flood Insurance Program. The DNR is the State Coordinating
Agency for the flood insurance program, so they have provided a code template for us to follow in this
code text amendment.
Staff is proposing to repeal the existing Creek and River Preservation Overlay Zoning District 1,Chapter
205.27 of City Code,and adopt the DNR template with modifications that clarify some parts and remove
or change some parts which conflicted with current procedures or did not apply to Fridley's situation.
The revised template has not yet been reviewed by the DNR staff,but we anticipate that process being
complete prior to the November 9 public hearing before the City Council.
The most important part of this text amendment is the maps. Staff has taken the digital data provided by
FEMA and superimposed the flood plain layers onto our existing zoning map. Staff has compared the
new floodway and flood fringe boundaries with the old. There are a few changes, which have reduced
impacts for some properties and increased impacts for others. Staff is mostly concerned about a lack of
recognition on the FIlZMs of revisions in City records approved by FEMA since the previous 1981 maps
were adopted.At this time, staff is awaiting answers from the DNR as to how to address this oversight.
Recommendation
� Staff recommends that the Planning Commission hold the public hearing as advertised for Text
Amendment#15-05, for the purpose of hearing anyone concerned about the proposed changes to the
City's Flood Plain code and map.At this time,no one on staff has received any inyuiries as a result of the
public notice for the hearing. The City Council is expected to hold a public hearing on this proposed text
amendment on November 9, 2015. While staff is currently unsatisfied with the maps and has not received
approval from the DNR on the proposed ordinance language, it is important for the City to move forward
with the process to allow those who need it in the City to continue to have Flood Insurance. Staff is
working with the DNR to improve the accuracy of the maps and code text by the time of the second
reading of the ordinance before the City Council.
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 205.27 CREEK AND RIVER OVERLAY OF
THE FRIDLEY CITY CODE PERTAINING TO FLOODPLAIN MANAGEMENT
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 City Code hereby be repealed in its entirety.
Section 2: That Section 205.27 of the Fridley City Code be hereby renamed 0-1 Floodplain
Management Overlay District and amended as follows:
FRIDLEY CITY CODE
CHAPTER 205.27 FLOODPLAIN MANAGEMENT OVERLAY DISTRICT
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE
1.1 Statutory 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.
Ord No_ Page 2
SECTION 2.0 GENERAL PROVISIONS
2.1 How 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.
2.3 Incorporation 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
2.4 Regulatory 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.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances
on the Flood Insurance Rate Map.
2.6 Abrogation 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
Ord No_ Page 3
2.7 Warning 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.
2.8 Severability: 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.
2.9 Definitions: 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 Base Flood Elevation - The elevation of the "regional flood." The term "base flood
elevation" is used in the flood insurance survey.
2.912 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.
2.913 Special 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.
(b) The structure and/or land use conform to the comprehensive land use plan if one
exists and are compatible with the existing neighborhood.
2.914 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.
2.915 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.
2.916 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.
3
Ord No Page 4
2.917 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.
2.918 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.
2.919 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.
2.920 Flood Frequency- the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
2.921 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.
2.922 Flood Prone Area - any land susceptible to being inundated by water from any source
(see"Flood").
2.923 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.
2.924 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.
2.925 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.
2.926 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.
2.927 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."
4
Ord No_ Page 5
2.928 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.
2.929 One Hundred Year Floodplain - lands inundated by the "Regional Flood" (see
definition).
2.930 Principal Use or Structure - all uses or structures that are not accessory uses or
structures.
2.931 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 segrnent
of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
2.932 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."
2.933 Regional Flood - a flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 1% chance or 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used in
a flood insurance study.
2.934 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 from designation of a floodway.
2.935 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.
2.936 Special Flood Hazard Area - a term used for flood insurance purposes synonymous
with"One Hundred Year Floodplain."
5
Ord No Page 6
2.937 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.
2.938 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.
2.939 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.
2.10 Annexations: 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
floodplain lands will be subject to the provisions of this ordinance immediately upon the date
of annexation.
SECTION 3.0 ESTABLISHMENT OF FLOOD 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
6
Ord No Page 7
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.
3.2 Compliance: 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 special 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.
SECTION 4.0 FLOODWAY DISTRICT (FV�
4.1 Permitted 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.
7
Ord No Page 8
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, and that the standards in Sections 4.31, 4.33(a) and 4.36 of this
ordinance are met.
4.16 The following open space uses, upon approval by the Department of Natural Resources
prior to issuance of a building permit, provided that standards in Section 4.2 and 4.3 of
this ordinance are met, if otherwise allowed in the underlying zoning district or any
applicable overlay district.
(a) Structures accessory to the uses listed in 4.11 - 4.15 above and the uses listed in
4.16(b) - (fl below.
(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.
(� Levees or dikes intended to protect agricultural crops for frequency flood events
equal to or less than the 10-year frequency flood event.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a 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.
8
Ord No_ Page 9
4.3 Additional Standards for Floodway Permitted Uses:
4.31No structure (temporary or permanent), fill (including fill for roads or levees), deposits,
obstruction, storage of materials or equipment or other uses 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.
4.32 Fill; Storage of Materials and Equipment:
(a) The storage or processing of materials that are, in time of flooding, flaznmable,
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 Council has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
4.33 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.
(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.
9
Ord No Page 10
(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:
(1) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two "automatic" openings in the outside wa11s 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
(2) There must be openings on at least two sides of the structure and the bottom of
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.
4.34 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
5tatutes, Section 103G.245.
4.35 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.
4.36 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 (F�
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 5.2. Existing, non-
conforming structures are permitted, according to the terms in Chapter 205.04.3,
Nonconforming Uses and Structures, if they do not constitute a public nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
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.
(a) All service utilities, including ductwork, must be elevated or water-tight to
prevent infiltration of floodwaters.
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Ord No_ Page 11
(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 Seetion 4.33.
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 special 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 Council.
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.
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of
this ordinance.
5.3 Speeial Uses: The following uses and activities may be allowed as special uses, if allowed
in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance. Special uses must meet the standards in
Sections 5.241 through 5.30 and Section 5.4.
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Ord No_ Page 12
. 5.31 Any structure that is not elevated on fill 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.
5.4 Standards for Flood Fringe Special Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all special uses.
5.42 Basements, as defined by Section 2.91�2 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.
(b) The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
(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.
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Ord No_ Page 13
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:
(1)The minimum area of openings in the walls where internal flooding is to be
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
(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.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF)
6.1 Permitted 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
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Ord No_ Page 14
Floodway District. Section 5.0 applies if the proposed use is deternlined to be in the
Flood Fringe District.
6.2 Procedures 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, ar
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
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.
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Ord No Page 15
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In 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.
7.2 Subdivisions: 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 Council.
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.
7.24 In 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
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building 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:
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Ord No_ Page 16
(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 I
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
8.1 Public 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 the
State Building Code or elevated to the regulatory flood protection elevation.
8.2 Public 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.
8.3 On-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
9.1 Manufactured Iiomes: 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:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway
District.
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Ord No Page 17
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.
9.2 Recreational 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 shuctures
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.
(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.
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Ord No_ Page 18
(� 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
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City
Council must administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A Building or Land Alteration Permit must be obtained from the
City prior to conducting the following activities:
(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.
(fl The placement of fill, excavation of materials, or the storage of materials or �
equipment within the floodplain.
(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.
10.22 Application for Permit. Permit applications must be submitted to the City on forms
provided by the City. The permit application must include the following as applicable:
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Ord No Page 19
(a) A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
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 adjacent
communities. If the applicant has applied for a pernvt 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 Chicago Regional Office of the
Federal Emergency Management Agency(FEMA).
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.
10.3 Variances:
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 statute�
and Section 205.05.6 of the zoning ordinance.
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Ord No_ Page 20
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.
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 ��i
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 practical difficulties 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.
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 up to amounts as
high as $25 for$100 of insurance coverage; 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
granting variances and imposing conditions on variances and special 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;
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Ord No Page 21
(e) The importance of the services to be provided by the proposed use to the
community;
(e) The requirements of the facility for a waterfront location;
(fl The availability of viable alternative locations for the proposed use that are not
subject to flooding;
(g) The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
(h) 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.
10.4 Special Uses:
10.41 Administrative Review. An application for a special use permit under the provisions
of this ordinance will be processed and reviewed in accordance with Section 205.05.5
of the zoning ordinance.
10.42 Factors Used in Decision-Making. In passing upon special use applications, the City
Council must consider all relevant factors specified in other sections of this ordinance,
and those factors identified in Section 10.35 of this ordinance.
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Ord No_ Page 22
10.43 Conditions Attached to Special Use Permits. The City Council may 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, 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 I
particular area. '
10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed special uses 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.
10.45 Submittal of Final Decisions to the DNR. A copy of all decisions ganting special 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
11.1 Continuance 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 2.939(b) 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.
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Ord No Page 23
11.12 Any addition or structural alteration 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.
11.14 If 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.
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 2.938 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 2.935 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 2.939 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
12.1 Violation 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 special uses) constitute a
misdemeanor and will be punishable as defined by law.
12.2 Other 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 witlun the specified period of
time, each additional day that lapses will constitute an additional violation of this ordinance
and will be prosecuted accordingly.
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Ord No_ Page 24
12.3 Enforcement: In responding to a suspected ordinance violation, the Zoning Administrator
and City Council 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 appropriate 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.
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 and/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
13.1 Floodplain 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 Deparhnent of Natural Resources
(DNR) prior to adoption. The Commissioner must approve the amendment prior to
community approval.
13.3 Map 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.
24
Ord-No Page 25
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THI5
DAY OF 2015.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
25
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Fri�ey planning Division
DATE: October 14,2015
TO: Fridley Planning Commission
FROM: Scott Hickok, Community Development Director
Julie Jones,Planning Manager
Stacy Stromberg,Planner
Katie Smet,Planning Intern
SUBJECT: Public Hearing regarding TA#15-06,Fees Chapters
Background
The amendment to the zoning code that creates a process by which property owners may be able to
expand their non-conforming structures by obtaining a Non-Conformity Expansion Permit creates a
need for a new fee. As a result,there needs to be modification to Chapter 11, Fees,to include the
permit fee for a Non-Conformity Expansion Permit.
Staff has determined that a $150 fee would cover the cost of staff review time for this permit.
Recommendation
Staff recommends that the City Council hold the reading of the attached ordinance amending Chapter
11, Fees, at the October 26, 2015 meeting to coincide with the schedule of the Zoning Ordinance text
amendment.The second reading will follow the same schedule as TA#15-04,the Zoning Ordinance text
amendment, and go before the City Council on November 9, 2015.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS AND FEES
The City Council of the City of Fridley hereby finds, after review, examination and �
recommendation of staff, that Chapter 11, Fees, of the Fridley City Code be hereby amended and i
appended into the table alphabetically as follows: ;
11.10. FEES
License and permit fees shall be as follows;
CODE SUBJECT FEE
205 Non-Conformitv Exnansion Permit $150
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
First Reading: October 26, 2015
Second Reading:
Published: