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TALLEY M. DORNBUSCH being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as SHOREVIEW BULLETIN and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ORDINANCE NO. 331
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on WEDNESDAY the
21ST day of NOV. 2001 and was thereafter printed and published on every
to and including the day of , 2001 ; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPQRSTUVWXYZ (7
*ABCDEFGHIJKLMNOPORSTUVWXYZ BY�
*abcdefghijklmnopgrstuv xyz
TITLE BookkQdper
Subscribed and sworn to before me on
this 21ST day of NOV. 2001
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Notary Fublic
*Alphabet should be in the same size and kind of type as the notice.
TONYA R. YVMITEMEAD
NOTARY PUBLIC -MIN IESOTA
d RAMSEY COUNTY RATE INFORMATION
1 w My Comm. Expkes Jen 31, 2005
(1) Lowes c asst ie ra a pai by
commercial users for comparable space ............ ..... ..... .. $24.80 per col. inch
(2) Maximum rate allowed by law for the above matter ............... $15.38 per col. inch
(3) Rate actually charged for the above matter . .. . . ... .. .. .. . .. . . . . $ per col. inch
1/01
CITY OF ARDEN FMLLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 331
A SUMMARY
Of Ordinance No. 331 Adopting
Flood Plain Management Standards
with the City of Arden Hills
On the 13th day of November, 2001, the.
Arden Hills City Council adopted Ordinance
9331, and by four affirmative votes pursuant to
Minn. Stat. 3412.151, Subd. 4, directed that a
summary of the Ordinance be published.
The adoption of Arden Hills Ordinance 9331
will become effective the day following
publication of the Ordinance Summary.
A copy of the Ordinance is available for
inspection by any person during regular
business hours at the office of the City
Administrator, 4364 Round Lake Road, Arden
Hills, Minnesota 55112,
Dennis Probst
Mayor
ATTEST: Joseph P. Lynr:h
Clty Adminleb to
(Bulletin: Nov. 21, 2001)
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•
10
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 331
A SUMMARY
Of Ordinance No. 331 Adopting Flood Plain Management Standards with
the City of Arden Hills
On the 13`h day of November, 2001, the Arden Hills City Council adopted
Ordinance #331, and by itrn affirmative votes pursuant to Minn. Stat. §412.191,
Subd. 4, directed that a summary of the Ordinance be published.
The adoption of Arden Hills Ordinance #331 will become effective the day
following publication of the Ordinance Summary.
A copy of the Ordinance is available for inspection by any person during regular
business hours at the office of the City Administrator, 4364 Round Lake Road, Arden
Hills, Minnesota 55112.
sk
ATTEST:
lie
%rl ,rA
�.i
JOSITIP. LYNCH, CITY ADMINISTRATOR
Publication Date: Published on the of -2001.
0
CITY OF ARDEN HILLS
• COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 331
FLOOD PLAIN MANAGEMENT
AN ORDINANCE ADOPTING FLOOD PLAIN MANAGEMENT STANDARDS
WITHIN THE CITY OF ARDEN HILLS
331.1 Statutory Authorization. This Chapter is enacted pursuant to the provisions of M.S.
103F and 462.357, which authorize local government units to adopt regulations designed
to minimize flood losses.
331.2 Findings of Fact
Subd. 1. Hazards Exist. The flood hazard areas of the City 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.
Subd. 2. Method Used to Analyze Flood Hazards. There regulations of this Chapter are
• based upon a reasonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
331.3 Statement of Purpose. It shall be the purpose of this Chapter to promote the public
health, safety, and general welfare.
331.4 Zoning Ordinance. The City of Arden Hill's Zoning Ordinance is adopted by reference
and made a part of this Chapter as if set out in full.
331.5 Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation
shall be 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 flood plain that result
from designation of a floodway.
331.6 Administrator. The City Administrator or other official designated by the City Council
shall administer and enforce this Chapter. If the City Administrator finds a violation of
the provisions of this Chapter the City Administrator shall notify the person responsible
for the violation in accordance with the procedures.
331.7 Lands to Which Regulations Apply. These regulations of this Chapter shall apply to all
lands within the City as shown on the Official Zoning Map and/or the attachments thereto
as being located within the boundaries of the Floodway, Flood Fringe, or General Flood
Plain Districts.
• 331.8 Establishment of Official Zoning Map. The Official Zoning Map together with all
materials attached thereto shall be adopted by reference and declared to be a part of this
Ordinance 331
Page I
Chapter as if set out here in full. The attached material shall include the Flood Insurance
Study for the City prepared by the Federal Insurance Administration and the Flood
•
Boundary and Floodway Map and Flood Insurance Rate Map. The Official Zoning Map
shall be on file in the Office of the City Administrator.
331.9 Interpretation
Subd. 1. Minimum Standards. hi their interpretation and application, these regulations
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.
Subd. 2. Boundaries. 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 Adjustment shall make the necessary interpretation. All decisions shall be
based on elevations on the regional (100 -year) flood profile and other available technical
data. Any person contesting the location of the district boundaries shall be given a
reasonable opportunity to present his or her case to the Board and to submit technical
evidence.
331.10 Compliance with District Regulations. No new structure or land shall be used and no
• structure shall be located, extended, converted, or structurally altered without full
compliance with the terms of this Chapter and other applicable regulations. Within the
Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted
uses or special uses shall be prohibited. In addition, a caution shall be provided here that:
A. New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles shall be subject to the general provisions
of this Chapter.
B. Modifications, additions, structural alterations 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
C. As -built elevations for elevated or flood proofed structures shall be
certified by ground surveys and flood proofing techniques shall be
designed and certified by a registered professional engineer or architect as
specified in the general provisions of this Chapter.
331.11 Abrogation and Greater Restrictions. These regulations of this Chapter shall not be
intended to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where the provisions of these regulations of this Chapter impose
greater restrictions, the greater restrictions shall prevail. All other City regulations
• inconsistent with this Chapter shall hereby be suspended to the extent of the
inconsistency only.
Ordinance 331
Page 2
331.12 Warning and Disclaimer of Liability. The provisions of this Chapter do not imply that
areas outside the flood plain districts or land uses permitted within the districts will be
• free from flooding or flood damages. This Chapter shall not create liability on the part of
the City or any officer or employee of the City for any flood damages that result from
reliance on this Chapter or any administrative decision lawfully made under the authority
of this Chapter.
331.13 Definitions. Unless specifically defined below, words or phrases used in this Chapter
shall be interpreted so as to give them the same meaning as they have in common usage
and so as to give this Chapter its most reasonable application.
Subd. 1. Accessory Use or Structure. "Accessory Use or Structure" shall mean a use or
structure on the same lot with, and of a nature customarily incidental and subordinate to,
the principal use or structure.
Subd. 2. Basement. "Basement' shall mean 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.
Subd. 3. Board. `Board" shall refer to the City Council acting as the Board of
Adjustment and Appeals.
Subd. 4. Equal Degree of Encroachment. "Equal Degree of Encroachment' shall mean
a method of determining the location of floodway boundaries so the flood plain lands on
both sides of a stream are capable of conveying a proportionate share of flood flows.
Subd. 5. Flood. "Flood" shall mean a temporary increase in the flow or stage of a stream
or in the stage of a wetland or lake that results in the inundation of normally dry areas.
Subd. 6. Flood Frequency. "Flood Frequency" shall mean the frequency for which it is
expected that a specific flood stage or discharge may be equaled or exceeded.
Subd. 7. Flood Fringe. "Flood Fringe" shall mean that portion of the flood plain outside
of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the
Flood Insurance Study for the City.
Subd. 8. Flood Plain. "Flood Plain" shall mean the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or may be covered by the regional flood.
Subd. 9. Flood -Proofing. "Flood -Proofing" shall mean a combination of structural
provisions, changes, or adjustments to properties and structures subject to flooding,
primarily for the reduction or elimination of flood damages.
Subd. 10. Floodway. "Floodway" shall mean the bed of a wetland or lake and the
channel of a watercourse and those portions of the adjoining flood plain which are
reasonably required to carry or store the regional flood discharge.
• Subd. 11. Obstruction. "Obstruction" shall mean any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel, modification, culvert,
Ordinance 331
Page 3
building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or
projecting into any channel, watercourse, or regulatory flood plain which may impede,
• retard, or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Subd. 12. Principal Use or Structure. "Principal Use or Structure" shall mean all uses
or structures that are not accessory uses or structures.
Subd. 13. Reach. "Reach" shall mean a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
Subd. 14. Regional Flood. "Regional Flood" shall mean a flood which is representative
of large flood 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 the Flood Insurance Study.
Subd. 15. Regulatory Flood Protection Elevation. "Regulatory Flood Protection
Elevation" shall mean an elevation no lower than one foot above the elevation of the
regional flood plus any increases in flood elevation caused by encroachment on the flood
plain that result from designation of a floodway.
• Subd. 16. Special Use. "Special Use" shall mean a specific type of structure or land use
listed in the official control that may be allowed but only after an in-depth review
procedure and with appropriate conditions or restrictions as provided in the official
zoning controls or building codes and upon a finding that: (1) certain conditions as
detailed in the zoning ordinance exist and (2) the structure and/or land use conforms to
the comprehensive land use plan if one exists and are compatible with the existing
neighborhood.
Subd. 17. Structure. "Structure" shall mean 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, travel
trailers/vehicles not meeting the exemption criteria otherwise specified in this Chapter
and other similar items.
Subd. 18. Variance. "Variance" shall mean a modification of a specific permitted
development standard required in an official control to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a particular
property for the purpose of alleviating a hardship, practical difficulty or unique
circumstances as defined and elaborated upon in the City's planning and zoning enabling
legislation.
331.14 Designation of Zoning Districts
Subd. 1. Floodwav District. The floodway District shall include those areas designated
as floodway on the Flood Boundary and Floodway Map adopted in this Chapter.
Ordinance 331
Page 4
• Subd. 2. Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe on the Flood Boundary and Floodway Map adopted in this
Chapter.
Subd. 3. General Flood Plain District. The General Flood Plain District shall include
those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted
in this Chapter.
331.15 Floodwav District
Subd. 1. Permitted Uses
A. General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming, and wild crop harvesting.
B. Industrial -commercial loading areas, parking areas, and airport landing
strips.
C. 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.
D. Residential lawns, gardens, parking areas, and play areas.
Subd. 2. Standards for Floodwav Permitted Uses
A. The use shall have a low flood damage potential.
B. The use shall be permissible in the underlying zoning district if one exists.
C. The use shall not obstruct flood flows or increase flood elevations and
shall not involve structures, fill, obstructions, excavations or storage of
material or equipment.
Subd. 3. Special Uses. Structures accessory to the uses listed as permitted uses, and the
specific uses listed below:
A. Extraction and storage of sand, gravel, and other materials.
B. Marinas, boat rentals, docks, piers, wharfs, and water control structures.
C. Railroads, streets, bridges, utility transmission lines, and pipelines.
• D. Storage yards for equipment, machinery or materials.
E. Placement of fill.
Ordinance 331
Page 5
• F. Travel trailers and travel 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 this Chapter.
G. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent shall be to protect individual
structures and levees or dikes where the intent shall be to protect
agricultural crops for a frequency flood event equal to or less than the 100 -
year frequency flood event.
Subd. 4. Standards for Floodway Special Uses
A. 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 Special 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.
B. All floodway Special Uses shall be subject to the procedures and standards
contained in this Section.
C. The Special Use shall be permissible in the underlying zoning district if
• one exists.
D. Fill.
1. 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.
2. 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.
3. As an alternative, and consistent with Paragraph 2 above, dredge
spoil disposal and sand and gravel operations may allow
temporary, onsite storage of fill or other materials which would
have caused an increase to the stages 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 Special Use
Permit shall be title registered with the property in the Office of the
County Recorder.
• E. Accessory Structures.
1. Accessory structures shall not be designed for human habitation.
Ordinance 331
Page 6
2. 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.
a. Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow; and
b. So far as practicable, structures shall be placed
approximately on the same flood flow lines as those of
adjoining structures.
3. Accessory structures shall be elevated or 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, and for a detached garage, the
detached garage shall be used solely for parking of vehicles and
limited storage. All flood proofed accessory structures shall meet
the following additional standards, as appropriate:
a. The structure shall 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; and
b. Any mechanical and utility equipment in a structure shall
be elevated to or above the Regulatory Flood Protection
Elevation or properly flood proofed.
F. Storage of Materials and Equipment.
The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life shall be prohibited.
2. 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.
G. 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.
Ordinance 331
Page 7
H. 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 shall
assume equal conveyance or storage loss on both sides of a stream.
331.16 Flood Fringe District
Subd. 1. Permitted Uses. Permitted Uses shall be those uses of land or structures listed
as Permitted Uses in the underlying zoning use district(s). If no preexisting, underlying
zoning use districts exist, then any residential or non-residential structure or use of a
structure or land shall be a Permitted Use in the Flood Fringe provided such use does not
constitute a public nuisance. All Permitted Uses shall comply with the standards for
Flood Fringe "Permitted Uses" listed in this Section and the "Standards for all Flood
Fringe Uses" listed in this Subsection.
Subd. 2. Standards for Flood Fringe Permitted Uses.
A. All structures, including accessory structures, shall be elevated on fill so
that the lowest floor including any 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 an elevation of at least
fifteen (15) feet beyond the outside limits of the structure erected thereon.
B. As an alternative to elevation on fill, accessory structures that constitute a
• minimal investment and that do not exceed 500 square feet for the outside
dimension at ground level may be internally flood proofed in accordance
with this Chapter.
C. 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 Special Use, unless the fill is specifically intended to
elevate a structure in accordance with this Section.
D. The storage of any materials or equipment shall be elevated on fill to the
Regulatory Flood Protection Elevation.
Subd. 3. Special Uses. Any structure that is not elevated on fill or flood proofed in
accordance with this Section or any use of land that does not comply with the standards
in this Subsection shall only be allowable as a Special Use. An application for a Special
Use shall be subject to the standards and criteria and evaluation procedures specified in
this Section.
Subd. 4. Standards for Flood Fringe Special Uses
A. 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
Ordinance 331
Page 8
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.
B. The above -noted alternative elevation methods shall be subject to the
following additional standards:
1. Design and Certification. The structure's design and as -built
condition shall 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 shall 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.
• 2. Specific Standards for Above -Grade, Enclosed Areas. Above
grade, fully enclosed areas such as crawl spaces or tuck under
garages shall be designed to internally flood and the design plans
shall stipulate:
a. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. When
openings are placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the bottom of
all openings shall be no higher than one foot above grade.
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.
b. That the enclosed area shall 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.
C. Basements, as defined by this Chapter, shall be subject to the following:
1. Residential basement construction shall not be allowed below the
• Regulatory Flood Protection Elevation.
Ordinance 331
Page 9
2. Non-residential basements may be allowed below the Regulatory
Flood Protection Elevation provided the basement is structurally
• dry flood proofed in accordance with this Chapter.
D. 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 shall 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 and FP -4
classification shall not be permitted.
E. 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 shall be submitted unless the community is enforcing a State -
approved shoreland management ordinance. hi the absence of a State -
approved shoreland ordinance, the plan shall 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 shall be prepared and certified by a
• registered professional engineer or other qualified individual acceptable to
the City. The plan may incorporate alternative procedures for removal of
the material from the flood plain if adequate flood warning time exists.
F. Storage of Materials and Equipment.
1. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life shall be prohibited.
2. Storage of other materials 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.
Sub. 5. Standards for All Flood Fringe Uses
A. All new principal structures shall 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 Adjustment shall 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
Ordinance 331
Page 10
B. 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 greater than two (2) feet or be subject
to flood velocities greater than (4) feet per second upon occurrence of the
regional flood.
C. Manufacturing and Industrial Uses. Measures shall be taken to minimize
interference with normal plans 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
Paragraph B 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.
D. 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 areas 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.
• FEMA's standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be
requested.
E. 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.
F. Standards for travel trailers and travel vehicles are contained in Section
9.5-54.
G. All manufactured homes shall 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 times to ground anchor. This requirement
shall be in addition to applicable state of local anchoring requirements for
resisting wind forces.
331.17 General Flood Plain District
Subd. 1. Permitted Uses
• A. The uses listed as permitted uses for Floodway Districts, shall be
permitted uses in a General Flood Plain District.
Ordinance 331
Page I1
B. All other uses shall be subject to the floodway/flood fringe evaluation
criteria set forth in this code.
Subd. 2. Procedures for Floodway and Flood Fringe Determinations Within the
General Flood Plain District
A. Upon receipt of an application for a Special Use Permit for a use within
the General Flood Plain District, the applicant shall be required to furnish
the following information as is deemed necessary by the City
Administrator for the determination of the Regulatory Flood Protection
Elevation and whether the proposed use is within the Floodway or Flood
Fringe District.
A typical valley cross-section 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; and
2. Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill, or storage elevations; size, location, and
spatial arrangement of all proposed and existing structures on the
site; location and proposed and existing structures on the site;
location and elevations of streets; photographs showing existing
• land uses and vegetation upstream and downstream; and soil type;
and
3. 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.
B. 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 Regulations
1983, Parts 6120.5000-6120.6200 shall be 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 analyst. The designated engineer or expert shall:
1. Estimate the peak discharge of the regional flood.
2. Calculate the water surface profile of the regional flood based upon
a hydraulic analysis of the stream channel and overbank areas.
3. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser
Ordinance 331
Page 12
stage increase than 0.5 foot shall be required if, as a result of the
additional State 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.
C. The City Administrator shall present the technical evaluation and findings
of the designated engineer or expert to the Governing Body. The
Governing Body shall formally accept the technical evaluation and the
recommended Floodway and/or Flood Fringe District boundary or deny
the permit application. The Governing Body, 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 Boundaries have been determined, the Governing Body
shall refer the matter back to the City Administrator who shall process the
permit application consistent with the applicable provisions of this
Chapter.
331.18 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 contain a building site 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 (2) feet below the
Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and
the required elevation of all access roads shall be clearly labeled on all required
subdivisions drawings and platting documents.
331.19 Floodwav/Flood Frinee Determinations in the General Flood Plain District. In the
General Flood Plain District applicants shall provide the information required to
determine the 100 -year flood elevation, the Floodway and Flood Fringe District
boundaries and the Regulatory Flood Protection Elevation for the subdivision site.
331.20 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 FEMA
standards should be investigated prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
331.21 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.
• 331.22 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located
within the flood plain shall comply with this code. Elevation to the Regulatory Flood
Ordinance 331
Page 13
Protection Elevation shall be provided where failure or interruption of the transportation
facilities would result in danger to the public health or safety of 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.
331.23 On -Site Sewage Treatment and Water Supply Systems. Where public utilities are not
provided:
A. On-site water supply systems shall be designated to minimize or eliminate
infiltration of flood waters in the systems; and
B. New or replacement on-site sewage treatment systems shall 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 of 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.
331.24 Permit Requirements.
Subd. 1. Permit Required. A Permit issued by the City Administrator in conformity
• with the provisions of this Chapter shall be secured prior to the erection, addition 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 change or extension of a non -conforming
use; and prior to the placement of fill, excavation of materials, or the storage of materials
or equipment within the flood plain.
Subd. 2. Application for Permit. Application for a Permit shall be made in duplicate to
the City Administrator on forms furnished by the City 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.
Subd. 3. State and Federal Permits. Prior to granting a Permit or processing an
application for a Special Use Permit or Variance, the City Administrator shall determine
that the applicant has obtained all necessary State and Federal Permits.
Subd. 4. 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 shall be certified by a registered professional
engineer or registered architect.
• 331.25 Special Uses. The City Council shall hear and decide applications for Special Uses
permissible under this Chapter. Applications shall be submitted to the City Administrator
who shall forward the application to the City Council for consideration.
Ordinance 331
Page 14
Subd. 1. Hearings. Upon filing with the City Council an application for a Special Use
• Permit, the City Council shall submit by mail to the Commissioner of Natural Resources
a copy of the application for proposed Special Use sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice of the hearing.
Subd. 2. Decisions. The City Council shall arrive at a decision on a Special Use within
thirty (30) days. In granting a Special Use Permit the City Council shall prescribe
appropriate conditions and safeguards, in addition to those specified in Subdivision 6,
which are in conformity with the purposes of this Chapter. Violations of conditions and
safeguards, when made a part of the terms under which the Special Use Permit is granted,
shall be deemed a violation punishable. A copy of all decisions granting Special Use
Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten
(10) days of the action.
Subd. 3. Procedures to be Followed by the City Council in Passing on Special Use
Permit Applications within all Flood Plain Districts
A. The applicant shall furnish the following information and additional
information as deemed necessary by the City Council for determining the
suitability of the particular site for the proposed used:
1. 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.
2. Specifications for building construction and materials, flood
proofing, filling, dredging, grading, channel improvement, storage
of materials, water supply and sanitary facilities.
B. The City Council shall transmit one copy of the information described in
Subdivision 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.
C. 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.
Subd. 4. Factors Upon Which the Decision of the City Council Shall be Based. In
passing upon Special Use applications, the City Council shall consider all relevant factors
specified in other Sections of this Chapter, and:
A. The danger to life and property due to increased flood heights or velocities
caused by encroachments.
Ordinance 331
Page 15
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 facilities and its contents to flood
damage and the effect of the 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.
L. Any other factors which shall be relevant to the purposes of this Chapter.
Subd. 5. Time for Acting on Application. The City Council shall act on an application
in the manner described above within thirty (30) days from receiving a completed
application, except that where additional information is required, in which event the City
Council shall render a written decision within thirty (30) days from the receipt of any
additional information.
Subd. 6. Conditions Attached to Special 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 Special Use Permits as it deems necessary to fulfill the
purposes of this Chapter. The conditions may include, but shall not be limited to, the
following:
A. Modifications of waste treatment and water supply facilities.
• B. Limitations on period of use, occupancy, and operation.
C. Imposition of operational controls, sureties, and deed restrictions.
Ordinance 331
Page 16
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.
331.26 Variances. The Board 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, as provided for in the respective enabling legislation for
planning and zoning for cities or counties as appropriate. hr the granting of the variance,
the Board of Adjustment shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in the respective enabling legislation which
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 permit standards lower
than those required by State law.
Subd. 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business
and may exercise all of the powers conferred on such Boards by State law.
• Subd. 2. Administrative Review. The Board 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.
Subd. 3. Hearings. Upon filing with the Board of Adjustment of an appeal from a
decision of the City Administrator, or an application for a variance, the Board shall fix a
reasonable time for a hearing and give due notice to the parties in interest as specified by
law. The Board 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
shall receive at least ten (10) days notice of the hearing.
Subd. 4. Decisions. The Board shall arrive at a decision on the appeal or variance within
thirty (30) days. In passing upon an appeal, the Board 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 City 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 may prescribe
appropriate conditions and safeguards, which shall be 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 punishable. A copy of all decisions granting
variances shall be forwarded by mail to the Commission of Natural Resources within ten
. (10) days of the action
Ordinance 331
Page 17
Subd. 5. Appeals. Appeals from any decision of the Board may be made, as specified in
the City's Official Controls and also Minnesota Statutes.
Subd. 6. Flood Insurance Notice. The City Administrator shall notify the applicant for a
variance that:
A. The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25.00 for $100.00 of insurance coverage; and
B. Such construction below the 100 -year or regional flood level increases
risks to life and property. The notification shall be maintained with a
record of all variance actions.
Subd. 7. Record Keeping. A community shall maintain a record of all variance actions,
including justification for their issuance, and report the variances issued in its annual or
biennial report submitted to the Administrator of the National Flood Insurance Program.
331.27 General Application Permit Use etc. Requirements
Subd. 1. Certificate of Zoning Compliance. It shall be unlawful to use, occupy, or
permit the use or occupancy of any building or premises or part thereof created, erected,
changed, converted, altered, or enlarged in its use or structure until a Certificate of
• Zoning Compliance shall have been issued by the City Administrator stating that the use
of the building or land conforms to the requirements of this Chapter.
Subd. 2. Construction and Use to be as Provided. Permits, Special 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 the 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.
Subd. 3. Record of First Floor Elevation. The Building Inspector shall maintain a
record of the elevation of the lowest floor (including basement) of all new structures and
alterations or additions to existing structure in the flood plain. The Building Inspector
shall also maintain a record of the elevation to which structures or alterations and
additions to structures are flood proofed.
331.28 Subdivision Requirement. New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions placed on subdivisions by
this code.
331.29 Placement Restrictions. 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 shall be treated as a new structure and may be placed only if elevated in
• compliance with this code. If vehicular road access for pre-existing manufactured home
parks is not provided in accordance with this code, then replacement manufactured
Ordinance 331
Page 18
homes shall not be allowed until the property owner(s) develops a flood warning
. emergency plan acceptable to the City Council.
331.30 Anchoring. All manufactured homes shall be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but shall not 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.
331.31 Exemption Criteria. Travel trailers and travel vehicles that do not meet the exemption
criteria specified in this Subsection shall be subject to the provisions of this chapter and
as specifically spelled out below:
Subd. 1. General Exemption. Travel trailers and travel vehicles shall be exempt from
the provisions of this Chapter if they are placed in any of the areas listed in Paragraph B.
below and they meet the following criteria:
A. Have current licenses required for highway use.
B. Are highway ready meaning on wheels or the internal jacking system, are
attached to the site only by quick disconnect type utilities commonly used
in campgrounds and trailer parks and the travel trailer/travel vehicle has
no permanent structural type additions attached to it,
• C. The travel trailer or travel vehicle and associated use shall be permissible
in any preexisting, underlying zoning use district.
Subd. 2. Area Exempted For Placement of Travel/Recreational Vehicles:
A. Individual lots or parcels of record.
B. Existing commercial recreational vehicle parks or campgrounds.
C. Existing condominium type associations.
Subd. 3. Loss of Exemption. Travel trailers and travel vehicles exempted under this
Section lose this exemption when development occurs on the parcel exceeding $500.00
for a structural addition to the travel trailer/travel vehicle or an accessory structure such
as a garage or storage building. The travel trailer/travel 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 the land restrictions specified in this
code.
Subd. 4. Parks, Campgrounds, Subdivisions. New commercial travel trailer or travel
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:
Ordinance 331
Page 19
A. Any new or replacement travel trailer or travel vehicle shall be allowed in
• the Floodway or Flood Fringe Districts provided the trailer or 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 this code. 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 travel trailers or travel vehicles not meeting the
criteria of Paragraph A. above may, as an alternative, be allowed as a
Special Use if in accordance with the following provisions and the
provisions this code. The applicant shall submit an emergency plan for the
safe evacuation of all vehicles and people during the 100 -year flood. The
plan shall be prepared by a registered engineer or other qualified
individual and shall demonstrate that adequate time and personnel exist to
carry out the evacuation. All attendant sewage and water facilities for new
or replacement travel trailers or other recreational vehicles shall be
protected or constructed so as to not be impaired or contaminated during
times of flooding in accordance with this code.
331.32 Non -Conforming Uses. A structure or the use of a structure or premises which was
lawful before the passage or amendment of this Code but which shall not be in
conformity with the provisions of this Chapter may be continued subject to the following
conditions:
• Subd. 1. Increase. No such use shall be expanded, changed, enlarged, or altered in a way
which increases its nonconformity.
Subd. 2. Alteration Protection. Any 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
through FP -4 flood proofing classifications) allowable in the State Building Code, except
as further restricted in Subdivision 3.
Subd. 3. Restrictions on Alterations. The cost of any 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 constructed since the adoption of the City's
initial flood plain controls shall be calculated into today's current cost which shall
include all costs such as construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed alterations and
additions exceeds 50 percent of the current market value of the structure, then the
structure shall meet the standards of this code for new structures depending upon whether
the structure is in the Floodway or Flood Fringe, respectively.
Subd. 4. Discontinued Use. If any nonconforming use is discontinued for twelve (12)
• consecutive months, any future use of the building premises shall comply with this
Chapter. The assessor shall notify the City Administrator in writing of instances of
nonconforming uses which have been discontinued for a period of twelve (12) months.
Ordinance 331
Page 20
Subd. 5. Destruction. If any nonconforming use or structure is destroyed by any means,
• including floods, to an extent of 50 percent or more of its market value at the time of
destruction, 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 this
code shall apply depending upon whether the use or structure is in the Floodway, Flood
Fringe or General Flood Plain District, respectively.
331.33 Designation Removal. The flood plain designation of 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 regional flood 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.
331.34 Agency Approval. All amendments to this Chapter, including amendments to the
Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural
Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal
Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall
receive prior FEMA approval before adoption. The Commissioner of Natural Resources
shall be given ten (10) days written notice of all hearings to consider an amendment to
this Chapter and the notice shall include a draft of the Chapter amendment or technical
study under consideration.
• 331.35 Enforcement and Penalties for Violation
Subd. 1. Misdemeanor. 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 Special Uses) shall constitute a
misdemeanor and shall be punishable as defined by state law.
Subd. 2. Otber Remedies. Nothing contained in this Chapter shall prevent the City from
taking any other lawful action as is necessary to prevent or remedy any violation. Such
actions may include but shall not be limited to:
A. In responding to a suspected ordinance violation, the City Administrator
and City Council may utilize the full array of enforcement actions
available to it, including but not limited to, prosecution and fines,
injunctions, after -the -fact permits, orders for corrective measures or a
request to the National Flood Insurance Program for denial of flood
insurance availability to the guilty party. The City shall act in good faith to
enforce these official controls and to correct ordinance violations to the
extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
B. When an ordinance violation is either discovered by or brought to the
. attention of the City Administrator, the City Administrator shall
immediately investigate the violation of the official control. As soon as is
reasonably possible, this information shall be submitted to the appropriate
Ordinance 331
Page 21
Department of Natural Resources' and Federal Emergency Management
Agency Regional Office along with the City's plan of action to correct the
violation to the degree possible.
C. The City 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 City 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 City Administrator may either:
1. Issue an order identifying the corrective actions that shall be made
within a specified time period to bring the use of 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 thirty (30) days.
D. If the responsible party does not appropriately respond to the City
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 City Administrator shall also upon the lapse
• of the specified response period notify the land owner to restore the land
to the condition which existed prior to the violation of this Chapter.
Effective Date: This ordinance shall become effective the day following its publication.
Adoption Date: Passed by the City Council of the City of Arden Hills
the (:i& --day of /�/ �e!4IfIL,2001.
i
ATTEST:
JO E P. LYNCH, CITY ADMINISTRATOR
. Publication Date: Published on the of
Ordinance 331
Page 22
ST, MAYOR
2001.
CJ
•
Rffibabit of Vublitation
6tate of Anneota
ss.
Countp of Xamap
TALLEY DORNBUSCH , being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as SHOREVIEW BULLETIN
are stated below:
and has full knowledge of the facts which
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(B) The printed ORDINANCE NO. 330
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on WEDNESDAY the
25TH day of JULY 2001 and was thereafter printed and published on every
to and including the day of , 2001 ; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*ABCDEFGHIJKLMNOPORSTUVWXYZ
*ahcdefghiiklmnopgrst uvwxyz
Subscribed and sworn to before me on
BY:
TITLE Bookkeeper
t s 25TH day of JULY 2001
I
otary Public
*Alphabet should be in the same size and kind of type as the notice.
� o
i a q0"add G$. IG -MIN ESCIT
F'7ARY PUBLIC - M1N'+ESOTA 55
RAPASEYOOfld4A RATE INFORMATION
I,," comm iExpirss UEn. 31'2005
s x
(1) `'`Lowes c asst iera a paid by
commercial users for comparable space ........................ $24.80 per col. inch
(2) Maximum rate allowed by law for the above matter ............... $15.38 per col. inch
(3) Rate actually charged for the above matter ..................... $
Vol
per col, inch
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
"ORDINANCE NO. 37D
.AN ORDINANCE AMENDING CHAPTER 12
• OF THE ARDEN HILLS CITY CODE,
ARTICLE II, DIVISION I AND 11
THE SURFACE USE OF THE WATERS OF
LAKE JOHANNA.
On the 9th day of July, 2DO1, the Arden HNIs
City Council adopted an amendment to
Chapter 12 -of the Arden Hills City Code, Article
li. Division I and 11, and by 4 affirmative votes
Punsisem to Minn. Stat §412.191. Sued. 4,
directed that a summery of the Ordinance be
let"Ished.
The amendments to Chapter 12 will become
elhclive the day folkaring publication of the
Ordinance Summary.
A copy of th Ordinance is available for
Inspection by any person during regular
business hours at the office of the City
Adminimal-,, 4364 Round Lake Road, Arden
Hi4s, Minnesota 55112. -
ATTEST.
/c/ Dermis Probat
/el Joseph P. L
(Bulletin: July 25, 2001) City Adminie4alor
0
0
0
144
O ffibabit of Pubtication 44
Mate of AllurAota
$6.
Countp of Aam4rp -
TALLEY DORNBUSCH being duly sworn, on oath, says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as SHOREVIEW BULLETIN and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
(a) The printed NOTICE OF PUBLIC HEARING
which is attached was out from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on WEDNESDAY the
20TH day of JUNE 2001 and was thereafter printed and published on every
to and including the day of , 2001 ; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of
the notice:
'ABC EFGHIJ LMNOPQ PORSTUVWXYZ
'ABCDEFGHIJKLMNOPORSTl1VWXYZ
*abcdefghijklmnapgratuvwxyz k
TITLE Bookkeeper
Subscribed and sworn to before me on
this 20TH day of JUNE , 2001
Gly
Notary Public
*Alpgabet should b rhe size and kind of type as the notice.
$ TONYA R. WHITEHEAD
� NOTARY PUBLIC - MINNESOTA
SEYCOUNTY RATE INFORMATION
z 'G-1._spas Jan. 200.5
7N.�•,,..,:„.;:>-. ,.�wv�vvvvvYwnnnsawe
(1) Lowest classified rate paid by
commercial users for comparable space ........................ $24.80 per col. inch
(2) Maximum rate allowed by law for the above matter ............... $15.38 per col. inch
(3) Rate actually charged for the above matter ..................... $ per col. inch
1/01
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
NOTICE OF PUBLIC HEARING
ON AN AMENDMENT TO THE CRY CODE
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, that on
Monday, July 9, 2001, at 7:30 p.m., the Arden
Hills City Council will hold a Public Hearing at
Ards Hills City Hall, Council Chambers, 4364
West Round Lake Road, Arden Hills, W' mne.
rota on an Amendmem to City Code,
C12, Article II, Lake Johanna, speciflcaallyr
Section 1219 Enforcement and Section 12.
27, SPeed Zones, Establishment
Desl9nation. and
The Amendments are on file and available for
inapection at the office of the City AdmiM-
sbator at Arden Hills City H211, 4364 West
Round Lake Road Arden Hills, Minneacta.
Any Person, in favor of, opposed b, or
interested in said Amendment will be heard by
the qty Council at the time and place above
stated.
Dated at Arden Hills, Minnesota, this 16th day
of June 2001. I-
Joseph P. Lynch
(Bulletin: June 20, 2001) oNy Admimstrnor