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Ordinance 218 - PO9A tW0 Council shall consider all relevant factors specified in and sewage facilities ihat comply with the provisions of ather sections of ihis Ordinance, and the Flood Plain Management Ordinance and have road (a) The dangertolife and property due to increased access both to the subdivision and to the individual shall specify limitations on the perial of use or oc- flood heighis or velxities caused by encroachmenis. building sites no lower ihan two feet below the cupancy of the residence. (b) The danger that materials may be swept oMO Regulatory Flood Protection Elevation. 3. Non-residential accessory land use5, such as otherlandsordownstreamtatheinjuryofothers. SECTION IX MOBILE HOME PqRKS sforage yards, railrpad tracks, and parking lot5 may be (c) The proposetl water supply and sanitation systems New mobile home parks and expansions to existing at elevations lower than the Regulatory Flood and the ability of these systems to prevent disease, mobile home parks shall be subject to the provisions Protection Elevation. However, a permit for such contamination, and unsanitary conditions. placed on subdivisions by Section VIII of this Or- facilities to be useq by the employees or the general (d) The susceptibility oi the proposed facility and its dinance. public shall not be granted in the absence of a flood contenis toflood damage and the effect of such damage SECTION X NONCONFORMING USES warning system ihat provides adequate time for on the individual owner. A siructure or the use of a siructure or premi5es evacuation if the area would inundate to a depth greater (e) The importance of the services provided by the which was lawful before the passage or amendment of than two feet or be subject to flood velocities greater proposed facility to the community. ihis Ordinance but which is not in conformity with the ihan four feet per second upon occurrence of the (f) The requiremenis of the facility for a watertront provisions of ihis Ordinance may be coMinued subject regional flood. location. to the following conditions: SECTION VI General Flootl Plain DislricY (GFP) (g) 7he availability W alternative locations not 1. No such use shall be expanded, changed, enlarged, A. Permitted Uses. Any use PermitTed in Section IV- subject to flooding for the proposed use. or altered in a way which increases its nonconformity. A. (h) The compatibility of the proposed use with 2. No siructural alteration or addiTion to any non- B. Special Uses. All other uses are permitted only existing development and development anticipated in conforming structure over the life of the siructure shall after the issuance of a Special Use Permit as provided the foreseeable future. exceetl 50 percent of its assessed value at the time of its in Section VII-C of ihis Ordinance. The General Flood (i) The relationship of the proposetl use to the com- becoming a rwnconforming use, unless the entire Plain Disirict includes the entire flootl plain and does prehensive plan and flood plain management program siructure is permanently changed to a conforming use not differentiate between ihose areas that are floodway for the area. or unless the alteration or addition would substantially and ihose areas ihat are flood fringe. Because of }hi5, (j) The safety of access to the property in times of reduce potentialflood damagesforihe entire siructure. the City Council shall determine whether the propo5ed ilood for ordinary and emergency vehicles. 3. Any alteration or addition to a nonconforming use in the floodway or flood fringe using procedures (k) The expected heighis, velocity, duration, rate of siructure or use which would rewlt in substantially established in Section Vll-C3. If it is determined ihat the rise, and sediment irartsport of the flood waters ex- increasing the flood damage potential of that use shall use lies in the floodway, the provisions of Section I V of pected at the site. require ihaT the structure or use shall be flood-proofed this Ordinance shall apply. If it is determined ihaT the (I) Such oTher factors which are relevant to the in accordance with the State Building Code. proposed use lies in the flood fringe, the provisions of purposes of ihis Ordinance. 4. If any nonconforming use is discontinued or Section V of ihis Ordinance shall apply. 5. Filing with Commissioner of the Minnesota abandoned or a nonconforming siructure is left unoc- SEC710N V I I ADMINISTRATION Depariment of Natural Resources, A copy of all cupied for 12 consecutive months, any future use of the A. Builtling Permits decisions granting Special Use Permits shall be for- building premises shall conform to this Ordinance. The 1. Building Permit Required. A Building Permit warded by mail to the Commissioner of the Minnewta Building Inspector shall notify the AdminisTrator in issued by the Adminisirator in conformity with the Depariment of Natural Resources within the (10) days writing of instances of nonconforming uses which have provisions of ihis Ordinance shall be secured prior to the of such action. been discontinued for a period of 12 monihs. erection, addition, or alteration of any building, C. Variances 5. If any nonconforming use is desiroyed by any siructure, ar portion ihereof; prior to the use of change The Council may authorize upon appeal in specific means, including floods, to an extent of 50 percent or of use of a building, siructure, or land; prior to the cases such variance from the terms of this Ordinance as more af its assessed value, it shall not be reconsiructed change or extension of a nonconforming use. will not be conirary to the public interest, where, owing except in conformity wiTh the provisions of ihis Or- 2. Application for Building Permit. Application for a fo special conditions, literal enforcement of the dinance. However, the City Council may issue a Special Building Permit shall be made to the Adminisirator on provisions of the Ordinance will result in unnecessary Use Permit for reconsiruction if the use is located forms furnished by him-her and shall include the hardship. No variance shall have the effect of allowing outside the floodway and, upon reconstruction, i5 following where applicable: plans drawn to scale, in any disTrict uses prohibited in ihat disirict, permit a adequately flood-proofed, elevated, or otherwise showing the - nature, location, dimension5, and lower degree of flood protection than the Regulatory Arotected in conformity wiTh the provisions of this elevations or the loi; existing or proposed structures, Flood Protection Elevation for the particular area, or Ordinance. lill, or storage of materials; and the location of the permit standards lower ihan ihose required by State 6. Nonconforming uses located in the Floodway foregoing in relation to the siream channel. The site law. Disirict shall be eliminated or brought into conformity plan review prxedure specified in Section V I I I-E of the 1. Application, Review and Approval Procedure. The with the standards contained in ihis Ordfnance within a Zoning Ordinance shall be followed for non-residential application, review and approval procedure specified in reasonable periotl of time as determined by the City buildings and uses. Section VIII-D. of the Zoning Ortlinance shall be Council, after a hearing for each such rronconforming B. Special Use Permits followed for all requesis for variances from the use. The City Council shall make its determination upon 1. Permit Required. A Special Use Permi} shall be provision of ihis Ordinance. the basis of the normal useful life of any improvemenT requiredforallsiructuresandusessodesignatedbyihe 2. Notificafion af Commissioner of the Minnesota upon the premises. In addition, the monetary value of provisions of ihis Ordinance. Depariment of Natural Resources. Applications for any campeTitive advantage derived by the operaTion of 2. Application for Special Use Permit, Application for variances shall be submitted by mail to the Com- such nonconforming use, by reason of the limiTation on a Special Use Permit shall be made to the Ad- missionerof ResoVrcesatleastten(10)dayspriortothe establishment of competing businesses as a result of minisirator in accordance with the procedure specified date on which the City Council will hear and act on the ihis Ordinance, shall be considered as a reduction of in Section V I I I-C of the Zoning Ordinance. In addition to variance request. A copy of all decisions granting losses resulting from the requirement of term,ination of the documentation required iherein, the following in- variances shall be forwarded by mail to the Com- the use under ihis Ordinance. _ formation may be required at the discretion of the missioner of the Minnesota Department of Natural SECTION XI AMENDMENTS Adminisirator. Resources within ten (10) days of such action. Theflood plain designation onthe Official Zoning Map (a) A fypical valley cross-sedian showing the channel D. GENERAL REOUIREMENTS shall not be removed from flood plain areas unless it can of the siream, elevation of land areas adjoining each 1. State and Federal Permits. Prior to granting a be shown ihat the designation is in error or that the area side of the channel, cross-sectional areas to be occupied Building Permit or processing an application for a has been filled to or above the elevation of the regional by the proposed development, and high water in- Conditional Use Permit or Variance, the Zoning Ad- flood and is contiguous to lands outSide the flood plain. formation. minisirator shall determine ihat the applicant has Special exceptions to this rule may be permitted by the (b) Plan (surface view) showing elevations or con- obtained all necessary State and Federal Permits. Commissioner of Natural Resources if he determines tours of the ground; pertinent siructure, fill, or storage 2. CerTificate of Zoning Compliance for a New, ihat, ihrough other measures, lands are adequately elevations; size, location, and spatial arrangemenT of Altered, or Nonconforming Use. It shall be unlawful to protected for the intended use. allproposedandexistingsiructuresonihesite; location use, occupy, or permit the use or occupancy of any All amendmenis to ihis Ordinance including amend- and elevafions of sfreets; photographs showing exisfing buitding or premises ar part Thereof hereafter created, menis To the Official Zoning Map must be submitted to land uses and vegetation upsiream and downsiream; erected, changed, converted, altered, or enlarged in its and approved by the Commi55ioner of Natural and soil type. use or siructure until a Certificate of Zoning Com- Resources prior to adoption. Changes in the Official (c) Profile showing the slope of the bottom of the pliance shall have been issued by the Adminisirator Zoning Map also require prior approval by the Federal channel or flow line of the siream for aT Iea51500 feet in stating ihai the use of the building or land conforms to Insurance Adminisiration. either direction from the proposed development. the requiremenis oF this Ordinance. Where a non- SECTION XII ENFORCEMENT 3. Upon receipt of a Special Use Permit application conformingusearstructureisextendedorsubstanTially A. Enfarcing Officer. This Ordinance shall be en- within the General Flood Plain Disirict, one copy of all altered, the Certificate of Zoning Compliance shall forced by the Adminisirator who is appoiMed by the the materials and information listed in Secfion V11-B.2 specifically state the manner in which the non- City Council. The Adminisirator may institute in the shall be submitted to a designated engineer or other conforming sfruciure or use differs from the provisions name of the City of Arden Hills any appropriate actions expert person or agency for technical assistance in of ihis Ordinance. or proceedings against a violator as provided by statute determining whether the proposed use is in the or ordinance. Floodway or Flood Fringe and to determine the 3. Consiruction and Use to be as Provided in Ap- B. Penalty for Violation. Violationof the provisionsof Regulatory, Flood Protection Elevation. Procedures Plications, Plans, Permits, and Certificate of Zoning This Ordinance or failure to comply with any of its consisteniwith Minnesota Regulations NR 86-87 shall be Compliance. Use Permits, Conditional Use Permits, or requiremenis (including violations of conditions anq followed in ihis expert evaluation. The designated Certificates of Zoning Compliance issued on the basis of safeguards established in connection with granis of engineer or expert shall: approval plans and applications authorize only the use, Variances or Conditional Uses) shall constitute a arrangement, and consiruction set forih in such ap- misdemeanor. Any person who violaTes this Ordinance (a) Estimatethe peak discharge of the regional flood, proved plans and applications, and no oTher use, or fails to comply with any of its requirements shall (b) Calculate the water surface profile of the regional arrangement, or consiruction. Any use, arrangement, upon conviction ihereof by fined not more ihan $500 or flood based upon a hydraulic analysis of the siream or consiruction at variancewith ihat authorized shall be imprisoned for not more ihan 90 deys, or both, and in channel and overbank areas. deemed violation of ihis Ordinance, and punishable as addition shall pay all costs and expenses involved in the (c) Compute the floodway necessary to convey the provided by Section IX of This Ordinance. The applicant case. Each day such violation continues shall be con- regionalflood without increasing flood stages more ihan shall be required to submitcertification by a registered sidered a separate offense. O.Sfeet, An equal degree of encroachment on both sides professional engineer, registered architect, or C. Other Lawful Action. Nothing herein coMainetl of the siream yaithin the reach shall be assumed in registered land surveyor ihat the finished fill and $hall prevent the City Council from taking such other computing floodway boundaries. building elevations were accomplished in compliance lawful actian as is necessary to prevent or remedy any Based uponthe technicalevaluation ofihe designated with the provisions of ihis Ordinance. Flood-proofing violation. engineer or experJ, the City Council shall determine measures shall be certified by a registered professional SECTION XI I I EFFECTIVE DATE. whether the proposed use is in the Flopdway or Flood engineer or registered architect. This ordinance shall be Affective from and after it5 Fringe and the Regulatory Protection Elevation at the 4. Record of First Floor Elevation. The Adminisirator passage and publication. Site. shall maintain a record of the elevaTion of the fir51 floor passed by the Arden Hills City Council ihis 26th day of 4. Review and Approval Procedure. The review and (including basement) of all new siructures or, additions May, 1981. approval procedure specified in Section V I I I-C of the ta existing siructures in the flood plain districis. He-She Robert L. Woodburn Zoning Ordinance shall be followed for uses requiring shall also maintain a record of the elevations to which Mayor Special Use Permits under the provisions of this Or- siructures or additions to siructures are flood-proofed. dinance.The5lateCOmmisSionerofResourcesshallbe SECTION VI11 SUBDIVISIONS Attest: Charlotte McNiesh notified of all hearings for Special Use Permits within All lots subdivided within any flood plain disirict shall Clerk-Administrator the Fload Plain. contain a building site at or above the Regulatory Flood (gulletin: June 25, 1981) In passing upon Special Use applications, the City ProtecTion Elevation. All subdivisians shall have water