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HomeMy WebLinkAbout2010-02-03 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/3110 -0 PREPARED BY: Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST: 1) 1) Consider an amendment to the City Floodplain Management Ordinance. 2) Consider adopting a resolution authorizing the publication of this ordinance amendment by title and summary. STAFF RECOMMENDATION: 1) Adopt the amendment to the City Floodplain Management Ordinance. 2) Adopt the ordinance summary resolution. ADVISORY COMMISSION ACTION SUPPORTING DOCUMENTS: H MEMO/LETTER: John M. Burbank dated 1/28/10 Z RESOLUTION: Draft - Ordinance Summary Z ORDINANCE: Draft F ENGINEERING RECOMMENDATION: F LEGAL RECOMMENDATION: ❑ OTHER: Excerptfrorn 1/25/10 Planning Commission Minutes ADMINISTRATORS COMMENTS: P Ut Administrator Date COUNCIL ACTION TAKEN: F 7 APPROVED F DENIED FJOTHER N DATE REVIEWED APPROVED DENIED PLANNING 1/25/10 ❑ M ❑ F PUBLIC SAFETY ❑ ❑ ❑ F PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ F ❑ ECONOMIC DEV. AUTHORITY ❑ F ❑ r - 1 ❑ ❑ ❑ SUPPORTING DOCUMENTS: H MEMO/LETTER: John M. Burbank dated 1/28/10 Z RESOLUTION: Draft - Ordinance Summary Z ORDINANCE: Draft F ENGINEERING RECOMMENDATION: F LEGAL RECOMMENDATION: ❑ OTHER: Excerptfrorn 1/25/10 Planning Commission Minutes ADMINISTRATORS COMMENTS: P Ut Administrator Date COUNCIL ACTION TAKEN: F 7 APPROVED F DENIED FJOTHER N - CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: January 28, 2010 RE: Floodplain Ordinance Amendment Proposal The Council is requested to consider an amendment to the City Flood Plain Management ordin- ance. The amendment makes minor changes to the existing flood plain ordinance, the definition section of the code, and adopts by reference the new 2010 floodplain identification maps pub- lished by the Federal Emergency Management Agency (FEMA). These maps show properties along the Mississippi River which are within flood zones and, therefore, are eligible for federal flood insurance. The new maps do not include any new properties in the flood zones. Background FEMA recently updated the flood management maps for Washington County. The maps be- come effective February 3, 2010. The use of geographic information system (GIS) software, contour data and high resolution air photography allowed for much more accurate maps than were possible in the past. These maps are on file with the City and the Minnesota Department of Natural Resources (DNR). State statute requires that the City update its adopted flood man- agement ordinance to conform to the flood management maps. There are some other minor modifications to the ordinance relating to new standards and defini- tions. The new ordinance also continues to define the floodplain protection elevation for Cottage Grove at 700 feet above mean sea level. The City Attorney has recommended that current floodplain ordinance be repealed in its entirety and replaced with the new provisions in the at- tached draft ordinance, and that the definitions related to the ordinance be added to Title 11 -1 -3: Rules of word construction; Definitions. Planning Commission The Planning Commission held a public hearing at their regular scheduled meeting on January 25, 2010. The Commission recommended unanimously that the City Council adopt the amend- ment. s �.. Based on the limited amount of development along the river, the City rarely has to deal with flood plain regulation. The draft ordinance that was provided to the City by the DNR was reviewed by the Honorable Mayor, City Council, and Ryan Schroeder Flood Plain Ordinance Amendment February 3, 2010 Page 2 of 2 City Attorney and tailored to mesh with the City ordinance codification system. There are no signifi- cant changes between the existing and proposed ordinance language. Failure to adopt the new ordinance would result in the suspension of Cottage Grove from the National Flood Insurance Program. During the suspension period, no flood insurance policies could be written/renewed in the insurance eligible areas until such time as the ordinance is adopted by a suspended community. Public Hearing Notices A public hearing notice announcing the public hearing on this amendment was published in the South Washington County Bulletin prior to the January 25 Planning Commission meeting. Recommendation That the City Council adopt an ordinance amending City Code Title 11 Chapter 12 by repealing the current floodplain management ordinance language in its entirety and replacing it with the new provisions attached in the draft ordinance, and that the definitions related to the ordinance be added to Title 11 Chapter 1 -3: Rules of Word Construction; Definitions. CITY OF COTTAGE GROVE ORDINANCE REGARDING FLOODPLAIN MANAGEMENT: AMENDING CITY CODE TITLE 11 -1 -3, DEFINITIONS; REPEALING CITY CODE TITLE 11 CHAPTER 12; AND AMENDING CITY CODE TITLE 11 BY ENACTING A NEW CHAPTER 12 THE CITY COUNCIL OF THE CITY OF COTTAGE GROVE DOES ORDAIN: Section 1. Title 11 Chapter 1 Section 3E of the Cottage Grove is amended by adding the following definitions, each of which shall be inserted into Section 3E in appropriate alphabetical order: LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure sued 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. RECREATIONAL VEHICLE: For purposes of chapter 12 of this title, 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 liqht 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 chapter 12 of this title the term recreational vehicle shall be synonymous with the term travel trailer /travel vehicle SUBSTANTIAL DAMAGE: For purposes of chapter 12 of this title 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 SUBSTANTIAL IMPROVEMENT: For purposes of chapter 12 of this title, within anV consecutive 365 -daV 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) by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of chapter 12 of this title "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1. Ordinance No. XXX Page 2 of 26 Section 2. The following definitions in Title 11 Chapter 1 Section 3E are amended to read as follows: BASEMENT SINQ6€ Fnnnii v AND DUPLEX; n po rt i o n of ^ building 1 0 ^^+ e d pa unde, g . eund and having at least one half f!GGF tG GeiliRg height below the average grade of the adjoining ground. 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 FLOOD: A temporary rise in st ream the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of the ar adjaG°^' tG the Ghana °' normally dry areas. FLOOD FREQUENCY: The average frequency statistically d iR for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE: That portion of the flood plain outside of the floodway. "Flood fringe" is synonymous with the term "floodway fringe" used in the City's flood insuFaRGe stud FLOODPROOP FLOOD PROOFING A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: The channel er bed of a river stream, draiRage GhaRRel or PoRd wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain Mains adjoining which are reasonably required to efflsienti carry or store and discharge the regional flood discharge REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be 700 feet above mean sea level or at an elevation no lower a point net less than one foot (1') above the elevation of water surface profile the regional flood plus any increases in flood elevation caused by h eight s att to encroachments on the flood plain that result from designation of a floodway, whichever is greater It is the elevation to which uses regulated by this Title are required to be elevated or floodprotected. STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the Ordinance No. XXX Page 3 of 26 exemption criteria specified in section 11 -12 -9 of this title travel trailers /vehicles, signs and other similar items. Section 3. Title 11 Chapter 12 of the Cottage Grove City Code is repealed in its entirety and replaced with the following new provisions of said Chapter 12: Chapter 12 FLOODPLAIN MANAGEMENT 11 -12 -1 AUTHORITY; FINDINGS OF FACT; PURPOSE: A. Statutory Authority. The legislature of the State of Minnesota, in Minnesota Statutes Chapters 103F and 462, has delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. B. Findings of Fact: The City Council of the City of Cottage Grove makes the following findings: 1. The flood hazard areas of the City of Cottage Grove, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 3. This chapter 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 eligibility of the Cottage Grove community in the National Flood Insurance Program. C. Statement of Purpose: It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in this section 11 -12 -1. iTI 6 f bye 3 � ►1 � 7_1 � � Z � ]1 / [.9 [ � ] � { A. Lands to Which Chapter Applies: This chapter applies to all lands within the jurisdiction of the City as shown on the City's official zoning map and the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts. B. Establishment of Official zoning map: The official zoning map together with all attachments thereto is hereby adopted by reference. The attachments to the official zoning map include the Flood insurance Study for Washington County, Ordinance No. XXX Page 4 of 26 Minnesota and Incorporated Areas and Flood Insurance Rate Map Panels therein numbered 27163CO392E, 27163CO394E, 27163C0403E, 27163C0405E, 27163C0410E, 27163C0411E, 27163C0412E, 27163C0413E, 27163C0414E, 27163C0416E, 27163C0417E, 27163C0418E, 27163C0419E, 27163C0430E and 27163C0438E, all dated February 3, 2010 and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of the city clerk. C. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be 700 feet above mean sea level or 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, whichever is greater. D. Interpretation: 1. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of zoning appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board of zoning appeals and to submit technical evidence. E. Abrogation and Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. The regulations in this chapter are in addition to rather than in substitution of regulations imposed by any other zoning classification for designated floodplains. In the event of any inconsistency between the provisions of this chapter and other city code provision, the more restrictive provision shall prevail. F. Warning and Disclaimer of Liability: This chapter does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the Ordinance No. XXX Page 5 of 26 part of the City or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder. G. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. H. Annexations: The Flood Insurance Rate Map panels adopted by reference at section 11 -12 -2 may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City after the date of adoption of this chapter, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the City. 11 -12 -3 ESTABLISHMENT OF ZONING DISTRICT OVERLAY: A. Flood Management Overlay Districts: 1. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in section 11 -12 -2. 2. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in Section 11- 12-2 as being within Zone AE but being located outside of the floodway. 3. General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A and Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 11 -12 -2. B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in sections 11 -12 -4, 11 -12 -5 and 11 -12 -6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 1. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and specifically section 11 -12 -9. 2. 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 chapter and specifically section 11- 12 -11. Ordinance No. XXX Page 6 of 26 3. As -built elevations for elevated or flood proofed 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 chapter and specifically as stated in section 11 -12 -10 of this chapter. 11 -12 -4 FLOODWAY DISTRICT (FW): A. Permitted Uses. 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial - commercial loading areas, parking areas, and airport landing strips. 3. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, accessory parking areas, and play areas. B. Standards for Floodway Permitted Uses: 1. The use shall have a low flood damage potential. 2. The use shall be permissible in the underlying zoning district. 3. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment. C. Conditional Uses: 1. Structures accessory to permitted uses listed above. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. 5. Storage yards for equipment, machinery, or materials, other than fuel storage tanks. Ordinance No. XXX Page 7 of 26 6. Placement of fill or construction of fences. T Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of section 11 -12 -9 C of this chapter. 8. Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. D. Standards for F000dway Conditional Uses: 1. All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. All floodway conditional uses are subject to the procedures and standards contained in section 11 -12 -10 D of this chapter. 3. The conditional use shall be permissible in the underlying zoning district. a. Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. b. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long -term site development plan is submitted which includes an erosion /sedimentation prevention element to the plan. c. As an alternative, and consistent with paragraph b immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be recorded in the office of the county recorder or county registrar of titles, as appropriate. 5. Accessory Structures: Ordinance No. XXX Page 8 of 26 a. Accessory structures shall not be designed for human habitation. b. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -1 or FP -2 flood proofing classifications in the state building code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed; and (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 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. 6. Storage of Materials and Equipment: a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Ordinance No. XXX Page 9 of 26 b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. 7. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 8. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 11 -12 -5 FLOOD FRINGE DISTRICT (FF): A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). All permitted uses shall comply with the standards for Flood Fringe District "Permitted Uses" listed in section 11 -12 -5 B and the "Standards for all Flood Fringe Uses" listed in section 11 -12 -5 E. B. Standards for Flood Fringe Permitted Uses: 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 11- 12-4 D5c. 3. The cumulative placement of fill where at any one time in excess of one - thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 5.21 of this chapter. 4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5. The provisions of section 11 -12 -5 E of this chapter shall apply. C. Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with section 11 -12 -5 B1 — B2 or any use of land that does not Ordinance No. XXX Page 10 of 26 comply with the standards in section 11 -12 -5 133 -134 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in sections 11 -12 -5 D and E and 11 -12 -10 D of this chapter. D. Standards for Flood Fringe Conditional Uses: 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed areas such as crawl spaces or tuck under garages. The base 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) A minimum area of openings in the walls where internal flooding is to be used as a flood proofing 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. Ordinance No. XXX Page 11 of 26 2. Basements, as defined by Section 2.812 of this chapter, shall be subject to the following: a. Residential basement construction shall not be allowed below the regulatory flood protection elevation. b. Non - residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with section 11 -12 -5 D3 of this chapter. 3. All areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the state building code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the state building code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. 4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion /sedimentation control plan must be submitted unless the City is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 - year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5. Storage of Materials and Equipment: a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council. 6. The provisions of section 11 -12 -5 E of this chapter shall also apply. Ordinance No. XXX Page 12 of 26 E. Standards for All Flood Fringe Uses: 1. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the board of zoning appeals must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 2. Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. 3. Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in section 11 -12 -5 E2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation — FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 5. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. 6. Standards for recreational vehicles are contained in section 11 -12 -9 C of this chapter. 7. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in Ordinance No. XXX Page 13 of 26 addition to applicable state or local anchoring requirements for resisting wind forces. 11 -12 -6 GENERAL FLOOD PLAIN DISTRICT: A. Permissible Uses: 1. The uses listed in section 11 -12 -4 A of this chapter shall be permitted uses. 2. All other uses shall be subject to the floodway /flood fringe evaluation criteria pursuant to section 11 -12 -6 B below. Section 11 -12 -4 shall apply if the proposed use is in the Floodway District and section 11 -12 -5 shall apply if the proposed use is in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District. 1. Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. a. A typical valley cross - section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross - sectional areas to be occupied by the proposed development, and high water information. b. A surface view plan showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. c. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. d. A profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Rules, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be Ordinance No. XXX Page 14 of 26 followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources area hydrologist prior to commencing the analysis. The designated engineer or expert shall: a. Estimate the peak discharge of the regional flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. The zoning administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and /or Flood Fringe District boundary or deny the permit application. The City Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the planning commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the City Council shall refer the matter back to the zoning administrator who shall process the permit application consistent with the applicable provisions of sections 11 -12 -4 and 11 -12 -5 of this chapter. 11 -12 -7 SUBDIVISIONS: A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. B. Floodway /Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in section 11 -12 -6 B of this chapter to determine the 100 -year flood elevation, the Ordinance No. XXX Page 15 of 26 Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. C. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 11 -12 -8 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the state building code or elevated to above the regulatory flood protection elevation. B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with sections 11 -12 -4 and 11 -12 -5 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. C. On -site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1. On -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2. New or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems shall be determined to be in compliance with this section. 11 -12 -9 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES.: Ordinance No. XXX Page 16 of 26 A. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 11 -12- 7 of this chapter. B. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with section 11 -12 -5 of this chapter. If vehicular road access for pre- existing manufactured home parks is not provided in accordance with section 11 -12 -5 E1, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. 1. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over - the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. C. Recreational vehicles that do not meet the exemption criteria specified in section 11 -12 -9 C1 below shall be subject to the provisions of this chapter and as specifically spelled out in sections 11 -12 -9 C3 -C4 below. 1. Exemption - Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in section 11 -12 -9 C2 below and meet the following criteria: a. Have current licenses required for highway use. b. Are highway ready meaning that they are on wheels or an internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks, and the recreational vehicle has no permanent structural type additions attached to it. c. The recreational vehicle and associated use must be permissible in the underlying zoning district. 2. Areas Exempted For Placement of Recreational Vehicles. Recreational vehicles that meet the criteria in 11 -12 -9 C1 above are exempt from the provisions of this chapter only if they are placed in one of the following locations: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. Ordinance No. XXX Page 17 of 26 c. As part of an existing condominium type association. 3. Recreational vehicles exempted in section 11 -12 -9 C1 lose the exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /flood proofing requirements and the use of land restrictions specified in sections 11 -12 -4 and 11 -12 -5 of this chapter. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. 4. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: a. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with section 11 -12 -5 E1 of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100 -year or regional flood. b. All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of section 11 -12 -10 D of this chapter. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of section 11 -12 -9 C1 a. and b. of this chapter will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with section 11 -12 -8C of this chapter. 11 -12 -10 ADMINISTRATION: A. Zoning administrator: The zoning administrator shall administer and enforce this chapter. If the zoning administrator finds a violation of the provisions of this chapter the zoning administrator shall notify the person responsible for such violation in accordance with the procedures stated in section 11 -12 -12 of this chapter. Ordinance No. XXX Page 18 of 26 B. Permit Requirements: 1. Permit Required. A permit issued by the zoning administrator in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 2. Application for Permit. Application for a permit shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 3. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the zoning administrator shall determine that the applicant has obtained all necessary state and federal permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this chapter. 5. Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of Zoning Compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by section 11 -12 -12 of this chapter. 6. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood proofing measures Ordinance No. XXX Page 19 of 26 shall be certified by a registered professional engineer or registered architect. 7. Record of First Floor Elevation. The zoning administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The zoning administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed. 8. Notifications for Watercourse Alterations. The zoning administrator shall notify, in riverine situations, adjacent communities and the commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 9. Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. C. Board of Zoning Appeals: 1. Rules. The board of zoning appeals shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. 2. Administrative Review. The board of zoning appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this chapter. 3. Variances. The board of zoning appeals may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration. In the granting of such variance, the board of zoning appeals shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, other zoning regulations in the City, and applicable state law, that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or Ordinance No. XXX Page 20 of 26 permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Hearings. Upon filing with the board of zoning appeals of an appeal from a decision of the zoning administrator, or an application for a variance, the board of zoning appeals shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. 5. Decisions. The board of zoning appeals shall arrive at a decision on such appeal or variance within the time required by law. In passing upon an appeal, the board of zoning appeals may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the zoning administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the board of zoning appeals may prescribe appropriate conditions and safeguards such as those specified in section 11 -12 -10 D6, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under section 11- 12 -12. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of the Department of Natural Resources within ten (10) days of such action. 6. Appeals. Appeals from any decision of the board of zoning appeals may be made, and as specified in the City zoning code. 7. Flood Insurance Notice and Record Keeping. The zoning administrator shall notify the applicant for a variance that: (i) the issuance of a variance to Ordinance No. XXX Page 21 of 26 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 (ii) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. D. Conditional Uses. The procedures in Title 11 -2 -9 shall apply to all applications for conditional use permits under this chapter. The following additional provisions shall apply to such applications: 1. The zoning administrator shall mail to the commissioner of Department of Natural Resources a copy of the conditional use permit application sufficiently in advance so that the commissioner will receive at least ten days advance notice of the public hearing on the application. 2. The zoning administrator shall mail to the commissioner of the Department of Natural Resources a copy of all decisions granting conditional use permits within ten (10) days of such action. 3. Applications for conditional use permits must include the following information: a. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel; and b. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. 4. The zoning administrator will transmit one copy of the information described in paragraph 3 above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 5. Factors Upon Which Decision Shall Be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this chapter, and: Ordinance No. XXX Page 22 of 26 a. The danger to life and property due to increased flood heights or velocities caused by encroachments. b. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. e. The importance of the services provided by the proposed facility to the community. f. The requirements of the facility for a waterfront location. g. The availability of alternative locations not subject to flooding for the proposed use. h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. i. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. j. The safety of access to the property in times of flood for ordinary and emergency vehicles. k. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. I. Such other factors which are relevant to the purposes of this chapter. 6. Time for Acting on Application. The City Council shall act on an application in the manner described above within the time required by law. The City Council shall render a written decision on the application. 7. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. Ordinance No. XXX Page 23 of 26 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. Flood proofing measures, in accordance with the state building code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 11 -12 -11 NONCONFORMING USES: A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in Section 2.831(b) of this chapter, shall be subject to the provisions of paragraphs 1 through 5 below: 1. No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. 2. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the state building code, except as further restricted in paragraphs 3 and 6 below. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with Title 11- 12 -2C. 3. The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Title 11 -12 -4 or 11 -12 -5 of this chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 4. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Ordinance No. XXX Page 24 of 26 assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. 5. If any nonconforming use or structure is substantially damaged, as defined in Title 11 -1 -3 of this chapter, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in sections 11 -12-4, 11 -12 -5 or 11- 12-6 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. 6. If a substantial improvement occurs, as defined in Title 11 -1 -3 of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming structure, then the structural addition and the existing nonconforming structure must meet the requirements of section 11 -12 -4 or 11 -12 -5 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. A nonconforming structure shall not be substantially improved if said structure is located in the floodway. 11 -12 -12 PENALTIES FOR VIOLATION: A. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. B. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1. In responding to a suspected ordinance violation, the City may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City will act in good faith to enforce this chapter and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Ordinance No. XXX Page 25 of 26 Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. 3. The zoning administrator shall notify the suspected party of the requirements of this 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, then the zoning administrator may either: (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or (2) notify the responsible party to apply for an after - the -fact permit/development approval within a specified period of time not to exceed 30 -days. 4. If the responsible party does not appropriately respond to the zoning administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The zoning administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter. 11 -12 -13 AMENDMENTS: A. The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. B. All amendments to this chapter, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 -days' written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration. Section 4. Effective Date. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Ordinance No. XXX Page 26 of 26 Adopted this 3rd day of February, 2010. Myron Bailey, Mayor ATTEST: Caron M. Stransky, City Clerk RESOLUTION NO. 2010 -XXX RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. XXX BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Cottage Grove adopted Ordinance No. XXX, which repeals City Code Title 11, Chapter 12, Floodway and Flood Fringe Districts, and enacts a new Title 11, Chapter 12, Floodplain Management; and WHEREAS, Minnesota Statutes, Section 412.191, subd. 4 allows publication by title and summary in the case of lengthy ordinances; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, that the City Clerk shall cause the following summary of Ordinance No. XXX to be published in the official newspaper in lieu of the entire ordinance: Public Notice The City Council of the City of Cottage Grove has adopted Ordinance No. XXX. The ordinance repeals City Code Title 11, Chapter 12, Floodway and Flood Fringe Districts; and enacts a new Title 11, Chapter 12, Floodplain Management. This amendment is required to bring the current floodplain ordinance language into conformance with new flood map information and requirements published by FEMA. The entire text of Ordinance No. XXX is available for inspection at Cottage Grove City Hall during regular business hours and is posted at the Washington County Park Grove Library. BE IT FURTHER RESOLVED that a complete copy of the ordinance is kept in the City Clerk's office at City Hall for public inspection and a copy of the ordinance will be posted on the Public Notice Bulletin Board at City Hall, 7516 — 80th Street South. Passed this 3rd day of February 2010. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE JANUARY 25, 2010 PLANNING COMMISSION MEETING 6.4 Floodplain Ordinance — Case TA10 -001 The City of Cottage Grove has applied for a zoning text amendment to update the City's floodplain ordinance. McCool summarized the staff report. He explained that 30 years ago, the city made the decision that the flood elevation would be 700 feet above mean sea level and staff is proposing to insert that language back into the description about the regula- tory flood elevation on page 2, Subsection C, Regulatory Flood Protection Elevation. The flood elevation along this stretch of the River, as determined by the Corps of Engineers and FEMA, is about 697 feet and the ordinance requires one foot above that regulatory flood elevation, which would be about 698 feet. To ensure safety to homes, structures, and people, the city established the regulatory flood elevation of 700 feet, which is three feet above that base. He recommended approval of the ordinance amendment. Linse asked if the optional provisions listed on pages 7, 9, and 19 would be included in the ordinance. McCool responded yes. Rambacher asked if the changes in the proposed ordinance would adversely affect anybody. McCool responded no, it would remain consistent with what has been ap- plied for 30 years. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Rambacher made a motion to recommend approval of the ordinance amend- ment. Linse seconded. Motion passed unanimously (7 -to -0 vote).