Ordinance No. 0555 12-10-1973ORDINANCE N0. 555
AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION
MAIVAGEMENT DISTRICT, REGULATING THE USE AND DEVELOPMENT
THEREOF, THE ISSUANCE OF PERMITS, PROVIDING PENALTIFS
FOR VIOLATION 205.157
The Council of the City of Fridley do ordain as follows:
SBCTION l. Title The short form title by which this ordinance
may be referred to shall be "The Creek and River
Preservation Management Ordinance" and shall 6e
added to the zoning ordinance 205.157 under addi-
tional uses and restrictions - Al1 districts 205.15.
Sk�CTION 2. Purposes and Intent. The purpose of this ordinance
is to guide and regulate the orderly development of
such land to preserve and protect the naCural state
_- of the creeks and rivers, to prevent polluting materials
from being carried directly into the natural streams,
to preserve adequate ground water in filtration, to
protect surface and ground water supplies, to promote
public health, safety and general welfare by minimizing
losses due to periodic flooding and eliminate
obstruction of flood flow that would cause hazaxd to
life and property.
SECTION 3. llefinitions
-- Accessory Building -- means a subordinate building or
use which is located on the same lot on
which the main building or use is
situated and which is reasonably
necessary and incidental to the conduct
of the primary use of such building or
main use.
Channel - means natural or artificial depression
of perceptible extent, with definite beds
and banks to confine and conduct, either
continuously or periodically, the water
in respective creeks.
Commission - means Fridley Planning Commission.
Commissioner - means the Coumiission of the Department
of Natural Resources of the State of
Minnesota.
Council - means Fridley City Council•
CRP-1 - means Creek and River Protection Zone l.
CRP-2 - means Creek and River Protection Zone..2.
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ORDINANCE N0. 555 (Continued)
Flood or Flooding -
Flood Plain -
Flood Profile -
means a temporary rise in flow or
stage that results in inundation of
the areas adjacent to the channel.
means the areas adjoining a water-
course which have been or hereafter
may be covered by regional flood.
means a graph or a longitudinal plot
of water surface elevations of a flood
event along a stream or a river.
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Flood Proofing - means a combination of provisions,
changes or adjustments to properties
and structures subject to flooding
primarily for the reduction or elimination
of flood damage.
Floodway - means the channel of th.e watercourse and
those portions of the adjoining flood
plains which are reasonably required to
carry and discharge the regional flood.
Obstruction - means any storage of material or equip-
ment, dam, wall, wharf, embankment, levee,
road, dike, pile, abutment, projection,
. excavation, channel rectification, culvert,
building, wire, fence, stockpile, refuse,
fill, deposit, clearing of trees or
vegetation, structure or matter in, along,
across or projecting, in whole or part,
into any flood plain.
Preservation District - means River and Creek Preservation
District set up by this ordinance.
Profile -
means Official Creek and River profile.
Regulatory Flood Protection Elevation -� means a point not
less than two feet above the regional
flood (lOG year flood) level.
Structure - means anything that is bui.lt or con-
structed, an edifice or building of any
kind, or any piece of work artificially
built up or composed of parts joined together
in some definite manner, whether of a
temporary or permanent character.
SECTIOIQ 4. Lands Subiect to this Ordinance
a) The establishment of boundaries
The boundaries of the Creek and River Preservation
District are hereby established as shown on the
zoning map of the City of Fridley. This boundary
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ORDINANCE N0. 555 Cont.
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SECTION 5,
,
is made up of two pratee�zaa zones (CRP-1, CRP-2)
wh::ch contains aIl_lands within the jurisdiction of
the City which are subject to periodic flooding and
which lie below the.regulatory flood pro�ection
elevation on the official creek and river profile
(hereinafter called the profile; on file in *_he City
Hali! open £or inspection by the pub:ic, during
regular business hours.
b) Location o£ boundaries
The �seaations as shown en thz Profile sha11 be
the governing factor ;n locating creek and river
protection boundaries.
District Uses, Pexmits and Stan3ards
a) District Use
-� The intent of this.seeticn is-to provi3e a supple-
mentary overlay district which is ma3e up nf two
protection zones� CRP-1, CPcP-2, within any of the
existing original zor�ing diatricts, DavelopMent
of. th'is district wi11 follow the requirements of
the orginal zoning district in addition to the
re�uirements of,this �ection.
b) Pexmitted Uses in CRP-1 Zone
No sCruceure or any portion thernof sha11 be con-
structed or placed'within protzction zone CRP-1
of the Preservation District. Nor shall there be
any grading, fiiling or excavating of land or any
land use_established on any property within this
zone with the following exceptions:
(1) Any use having::a low flcod damage potential
c. including recreat;.onal uses, parking lots,
residential,yards, loading areas, storage
yerds� water controi struccnres and other op�n
space uses,
(2:j:- Structures accessory,to the above uses may be
permitted if:
a) Structur�s:ars not for human habitation.
b) Structures 4ave a low filood da:uage
po ten t:.a l.
e) 5tr.uctuses are firmly anchorad to pre�rent
floatation.
d) :.�Aecessory be�il3ings are not more than
150 square feet, .
(3),_:cA11-strucL'ures are pe:mitted in this sectien with
the except.ion.'of public uszs require a Special
Use Permit,
(4) Any removal ef e�;i�ting trees over 3 inches in
diametar shall requirs City apgro�ral,
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ORDiNANCE N0. 555 Cont.
kc) Public Fkcilities
Public utilitg f¢cilities, roads; railrosd tracks
and bridges within Che pre�ervation District sha11 �
be designed to minimize incr�ases in flood e1e��ation
and must be reviewed by all govarnmental bndies
having jurisdiction, but in a?1 cases the City cf �
Fridley will make the final d�termination�
(d) Permit*_ed UsES in CRP-2 Zene
No buiiding or structure or any portion the'tzof
shali be plaeed within protection zene CRP�2 of
the::Preservation Distr�ct, unless a Special IIse
Permit is granted. 1Qor shall there be any grading,
filling or excavating nf land or any land use
established on any groperty withi❑ the Fres.ervation
District unless a special L'se Permit is granted.
No Special Use Pzrmit �hall be granted within *_he
CRP-2 zotte excapt in acr_ordance with the following
xegulations.
�1). No Special Use Permit shall be authorized
which would result in incovnpatible land uses
or which would be detrimental to the pro*_ection
of surfac� and ground water supplies,
(2) No Special Use Permit sha11 be authorized for
structures which will incrsase th� financia:
burdens impesed on the comrunity and its ,
indivi:duals through increasing floods and
overflow of water onto land areas ad;jacent to
_ . the creeks and ri¢ers.
(3) No Speoial Use Permit shall be issued unless
the proposal is in keeping with land use plans
and planning objectives for the City of Pridley
and which will_not increase cr cause danger
to life or property,
(4) Special Use Permits shall only be issed in
ttose cases which are consitent with the eb-
jectives and.encouraging land use compatible
wt�th the preservatinn c�f the natural land ferms
_ and,vegetation.
, (5) No Special Use Permit shd11 be issued for any
fill unless shown to have some beneficial
purpose to the groperty and the amount thereof
must not exceed.that necessary to achieve the
intended .puzpose, a� 3enonstrated by a plan
submitted by the owner �howing the uses to
which the fi;.led la nd will be put, the kind of
fi11,� and the tinal dimensions of the proposed
fi11 or other materials. Such fill sha11 be �
protectad against ero�ion.by rip-rap, vegeta-
tive cover, or bulkheading if deamed necessary.
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6�INANC� N0: 555 Cont.
(6) No Special Use Permit ,hall be issued for
garbage or waste disposal sites or systems,
(7?; No Special IIse Permit shall be issued unless
the applicant� in suppor*_ of his application,
shall submit engiaeering data, site plans an3
other plans and other information as *_hz City
m8y require, in order to determine th� effects
of such development on th� bed, bank, channel,
fleodway or fleod plain in the Preservation
District. The applicant shall submit follY
copies of the application and the information,
(8) No Special Use Permit shall be issued unless
the pxoposed use or obstructicn has been
reviewed by a11 governmental bodies having
iurisdiction over s�_i�h usa or obs*_ructinn, if
said review is required by statutes, ordinances;
rules or regulations appiicahle to su�h gov-
ernmental bodies and tc such use or obstruc-
tion,.but in all cases the City of Fridley
will make the final determination,
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SECTION 6. Additional Restrictions
a) In addition to the requirements set out in Section 5
of this ordinance, no Special Use Permit sha11 be
, issued for any obstruction in the CRP-2 zone unless
the following provisions are met:
1) Structures Structures for habitation constructed
on fill shall tre constructed so that the basement
floor, or first floor, if there is no basement, is
above the regulatory flood protection elevation with
the fill at that elevation at least fifteen (15)
feet beyond the limits of any structure or building
erected thereon. Where existing streets or utilit=es
are at eLevations which make compliance with the foregoing
sentence impractical, or in other special circumstances,
the Planning Commission may authorize other techniques
for flood protection under the Special Use Permit.
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2) Other Uses Accessory land uses, such as accessory
buildings, yards and parking lots may be at elevations
lower than the regulatory flood protection elevation
if a Special Use Permit is first granted pursuant
to this ordinance.
3) StoraRe Any storage or processing of materials
that ia time of flooding may be buoyant, :�'Lammable,
explosive or could be injurious to human, animal
or plant life is prohibited.
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Ordinance No. 555 Cont.
SECTION 7.
fl
rmits and Variances.
(a) Administration; The zoning admini;strator sha11
administet and enforce this ordinance.
(b) ..Special�Use-.PermiEc A Special Use Permit sha11 be
applied`_for,and obtaiped prior to the construction,
erection, addikion or,al,teration of any obstruction
�wholly or partly-.in.the Preservation District,
(c) A�plication for Perm'it: Application for Special
Use Permits under this ordinance sha11 be made by
the owner or owners of the 1and, in duplicate to
the,eoning administrator, on forms furnished by the
� - City.a�d,.sh311 be accompanied iniCially by the City
and shall be,accompanied initially by such of the
- following information., data a.nd plans, as is deemed
�� -� necessary by the��oning adm�nistrator for determining
, � compliance�with this ordi�ance, and for determining the
- effects��of��the�propose�d activity in the Pxeservation
pis.trict�and the buildability of the particular site
- �for the��proposed improvement, use or obstruction,
(1) Plans (surface view) including a survey by a
Minnnesota registered land surveyor,_ showing
elevations or contours of the ground, pertinent
obstruction elevations, size, Location:special '
arrangement of a11 proposed and existing obstructions
on the site, in relation to existing and proposed _
obstructions to the channel location, location and
elevations of the streets, waLer supply and sanitary
�acilities, photographs showing existing land uses
and vegetation upstream and downstream, and soil types.
(2) Specifications for building construcEion and
matexi�ai.g, floodproo�fing, filling, dredging, grading,
channel improvement, storage of materials, water supply
(including withdrawal and discharge of ground and surface
water), and sanitary facilities.
(d) Application for Variance; Application for variance
under this ordinance sha11 be made by the owner or
owners of th�land, in duplicate to the Zoning Administrator
on forms furnished by the City. Variances to the Creek
and River Protection Ordinance must only be for reasons
of exceptional circumstances when the strict enforcement
of this ordinance would cause undue hardship and strict
conformity with the standards would be unreasonable, im-
practical and not feasible undex the circumstances.
Variances granted under this ordinance must be consistent
with the general purpose of these standards. Although �
variances may be used to modify permissable methods of
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ORDINANCE N0.
SECTION 8
Cont.
flood protection, no variance sha11 provide for a
lesser degree of flood protection than stated in
this ordinance.
(e)' Issuance of Permit: The zoning administrator sha11
issue the Special Use Permi_t upon approval of the
application therefore by the City Council.
Plannin� Commission; Powers and Duties and Technical
Assistance
�(a) The PlanninR Commission: powers and Duties
(I} The Commission sha11 hear all requests for
Special Use permits under this ordinance (as
set by Section 205.194 of the City Zoning
Ordinance). They will also hear a11 variances
pertaining to this ordi=�ance. The zoning
administrator or other officer designated by
the local governing body shall submit to the
Commissioner a copy of any application for
a variance or Special Use Permit where a
hearing�is to be held to consider such appli-
cation, The Commissioner sha11 receive at
least t�n.(10).�ays notice of the h�a�iag.
Such notice sha11 specify the time, place and
subject matter of the heari.sg and sha11 be
accompanied by such supporting information as
is necessary to indicate the nature and effect
of the proposed use. A copy of a11 decisions
granting a variance or Special Use Permit to
the provisions of the Creek and River Preserva-
� tion Management Ord�nance shall be forwarded
to the Commissioner within tea (10) days of
such action.
(b) Technical Assistance
(1) The Commission may transmit the information
received by it to the appropriate Watershed
District or the Commissioner for technical
assistance, where necessary in the opinion of
the Commission, to evalua.te the proposed pro-
ject in relation to flood heights and veloci-
ties, a.nd seriousness of flood damage to the
use, the adequacy of the plans for protections,
compliance with Sections 5, 6 and 7 of this
oridnance, and other technical matters.
SECTION 9. Existing Non-conforming �ses:
' (a) An obstructionpr structure, or the use of a
structure.;or premises, which was lawful before
adoption of this-ordinance but which is not in
conformity with the provisions of this ordinance
may be continued, subjeci to the following con-
ditions.
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ORDINANCE N0. 555 Cont.
(1) No such obstruction, use or structure sha11
be expanded, changed, enlarged or a.ltered in
any way without complying, in all respects, '
with this ordinance, including but not limited
to, the obtaining of all required permits and --
variances. �
(2) If such use of such obstruction or structure,
or use of such premises is discontinued for
twelve consecutive months, any subsequent use
of the obstruction, structure, or premises sha11
comply, in a11 respects, w�th t�is ordinance,
including, but not limited to, the obtaining
of all required permits and variances.
(3) If any nonconforming obstruction or structure
is destroyed or dama.ged by any means, includ-
ing floods, to the extent that Li�.e�.cost of
repairing ot restoring such destruction or
damage would be 50 percent or more of its
market value tlZen it sha11 not be reconstructed
except in full compliance, in a11 respects,
with the provisions of this ordinance, includ-
ing, but not limited to, the obtaining of all
required permits and variances.
(4) This ordinance sha11 in no way prohibit '
routine maintenance of existing properties.
Routine maintenance is considered to be the .
work property owners could do previous to the
adoption of this ordinance without first ob-
taining a building permit.
SECTION 10. Misdemeanor; Public Nuisance; Penalty
Any person who vioLated any provision of this ordinance
or fails to comp�ly with any of its terms or requirements
sha11 be guilty of a misdemeanor punishable by a fine
of not more than $300 or imprisoned for not more than
90 days, or both, and in addition shall pay all costs
of prosectution and expenses involved in the case. Each
day such violation continues sha11 be con5idered a sep-
arate offense.
Every obstruction or use places or maintained in the
Preservation District in violation of this oridnance
is hereby declaxed to be a public nuisance and creation
thereof may be enjoined and the maintenance thereof
abated by appropria.te judicial action.
Nothing herein contained shall prevent the City from ,
taking such other lawful action as is necessary to
prevent,.remedy or remove any violation,
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ORDINANCE N0. 555 Cont.
SECTION 11. Amendments
(a) The Preservation District elevations on the
Profile may be changed by amendment to this
ordinance, and such change, when made, shall be
shown on the Profile. If future conditions make
it necessary to re-evaluate the district boundaries
because of increased o-c flooding potential which
would affect the health, safety and welfare of the
citizens, the elevation wi11 be corrected by
.. the Council by amendment to this ordinance.
(b) All amendments shall be submitted to the appropriate
Watershed Districts and the Commissioner, and sha11
be approved by the Commissioner prior to adoption.
SECTION 12. Authority
This ordinance is adopted pursuant to the authority
granted by Minnesota Statutes 1969, Chapter 104.
SECTION 13. Interpretation
In interpreting and applying the provisions of this
ordi:nance, they sha11 be held to ue the minimum re-
quirements for the promotion of the public health,
safety, prosperity and general welfax.e. It is not
the intention of this ordinaace to interfere with,
abrogate, or annul any covenant or other agreement
between parties, nor the provisions of any ordinance
of the City; provided, however, whare this ordinance
imposes a greater restriction upon the use or improve-
ment�of any premises than those imposed or required
by other statutes, ordinances, rules, regulations or
permits of the City, State, or a.ppropriate Watershed
District, or by covenants�or agreements, the provisions
of this ordina,nce.shall govern.
SECTION 14. Partial Invalidity
If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is, for a.ny reason, held
to be invalid or unenforceable , as to any person or
circumstance, the application of such section, subsection,
paragraph, sentence, clause ot phrase to persons or
circumstances other than those as to which it shall
be held invalid or unenforceahle, shall not be affected
thereby, and a11 provisions thereof, in all other respects,
sha11 remain valid and enforcea6le.
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ORDINANCE N0, 555 Cont.
SECTION 15. Warning and Disclaimer of Liability
This ordinance does not imply that areas outside the �
Preservation District or land uses or obstructions
permitted within the Preservat±_on District will be free
from flooding or flood damages. This ordinance shall
not create 1ia'�ility on the part of the City or any
official or employee thereof, for any flood damages
bhat result from reliance on this ordinance or any City
action taken or administration or Council decision
lawfully made hereunder.
SECTION 16. This ordinance shall be effective immediately upon
its passage and publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDL�Y THIS 10TH
DAY OF DECEMBER , 1973.
ATTEST:
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MAYOR - FRA G. IEBL
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CITY CLERK - Marvin C. Brunsell
Public Hearing; November 12, 1973
First Reading: November 19, 1973
Second Reading: December 10, 1973
Publish.......: December 19, 1973
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