HomeMy WebLinkAbout#218 Flood Plain Management
STATE OF MINNESOTA
COUNTY OF RAMSEY
. CITY OF ARDEN H1LLS
ORDINANCE N0. 218
FLOOD PLAIN MANAGEMENT ORDINANCE
CITY OF RRDEN HILLS, MINNESOTA
SECTION I STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
A. Statutory Authorization The Legislature of the State of Minnesota has, -
in Minnesota Statutes Chapter 104 and M.S.A. 462.357, delegated the
responsibility to local governmental units to adopt regulations designed
' to minimize flood losses. Therefare, the City Council of Arden Nilis,
Minnesota does ordain as follows:
B. Findings of Fact
1. Existence of Flood Hazards. The flood hazard areas of Arden Hills,
Minnesota, are subject to periodic inundation which results in
potential loss of life, loss of property, health and safety hazards,
disruRtion of corrmerce and governmenta) services, extraordinary
public expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect the public health,
safety, and general welfare.
2. Methods Used to Analyze Flood Hazards. This Ordinance is based upon
a reasonable method of analyzing flood hazards which is consistent
with the standards established by the Minnesota Department of
Natural Resources.
C. Statement of Purpose It is the purpose of this Ordinance to promote the
public health, safety, and general welfare and to minimize those losses
described in Section I-B1 by provisions contained herein.
SECTION II GENERAL PROVISIONS
A. Lands to Which Ordinance Applies This ordinance shall apply to all lands
within the jurisdiction of Arden Hills shown on the Official Zoning Map
as being located within the boundaries of the Floodway, Flood Fringe, and
General Flood Plain.
B. Establishment of Official Zoning Map The Official .Zoning Map together
with all materials attached thereto is incorporated herein by reference
and declared to be a part of this ordinance. The attached material shall
include the Flood Insurance Study for the City of Arden Hills prepared
by the Federal Insurance Administration dated January 2, 1981, and the
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein.
The Official Zoning Map is on file at all times in the Office of the
Administrator.
IC. Interpretation
1. Interpretation of Ordinance Provisions. In their interpretation and
appTication, the provisions of this Ordinance sha11 be held to be
minimum requirements and sha11 be liberally construed in favor of the
governing body and shall not be deemed a limitation or repeal of any
other-powers granted by State statutes.
2. Determination of Boundaries. The boundaries of the zoning districts
sha71 be detervcined by scaling distances on the Official Zoning Map.
Where interpretation is needed as to the exact location of the bound-
aries 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, the City Council shall make the necessary
interpretation based on elevations on the regional (100-year) flood
profile and other available technical data. Persons contesting the
location of the district boundaries shall be given a reasonable oppor-
tunity to present their case to the City Council and to submit technical
evidence.
D. Compliance No structure or land located within the Floodway, Flood Fringe,
on General Floodplain Districts shown on the Official Zoning Map shall
hereafter be used and no structure shall be located, extended, converted,
or structurally altered without full compliance with the terms of this
Ordinance and other applicable regulations which apply to uses within the
jurisdiction of this Ordinance.
E. Abrogation and Greater Restrictions It is not intended by this Ordinance
to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes greater restrictions,
the provisians of this Ordinance shall prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only.
F. Warning and Disclaimer of Liability This Ordinance 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
Ordinance shall not create liability on the part of Arden Hills or any
officer or employee thereof for any flood damages that result from re-
liance on this Ordinance or any administrative decision lawfully made
thereunder.
G. Severability If any section, clause, provision, or portion of this
Ordinance is adjudged unconstitutional or invalid by a court of campetent
jurisdiction, the remainder of this Ordinance shall not be affected thereby.
H. Definitions Unless specifically defined below, words or phrases used in this
Ordinance shall be interpreted so as to give them the same meaning as they
have in common usage and so as to give this Ordinance its most reasonable
application.
1. AcceSSOry Use or Structure - a use or structure which is customarily
incidental to the principal use or structure of the lot on which it
is maintained or constructed.
2. Administrator - the duly appointed Zoning Administrator for the City
of Arden Hills.
3. Equal Degree of Encroachment - a method of determining the location
of floodway boundaries so that flood plain lands on both sides of a
stream are capable of conveying a proportionate share of flood flows.
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4. Fiood - a temporary increase in the flow or stage of a stream or in
t~le stage of a lake that results in the inundation of normally dry areas.
5. Flood Frequency - the average frequency, statistically determined, for
which it is expected that a specific flood stage or discharge may be
equal]ed or exceeded.
6. Flood Fringe - that portion of the flood plain outside of the floodway
and one of the three zoning districts created hereby, the boundaries of
which are shown on the Official Zoning Map. Flood3fringe is synonymous
with the term "floodway fringe" used in the Flood Insurance Study for
Arden Hills.
7. Flood Plain - the areas adjoining a watercourse which have been or here-
after may be covered by the regional flood.
8. 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.
9. Floodway - the channel of the watercourse and those portions of the
adjoining flood plain which are reasonably required to carry and dis-
charge the reqional flood and one of the three zoning districts created
hereby, the boundaries of which are shown on the Official Zoning Map.
10. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or matter
in, along, across, or projecting into any channel, watercourse, or
regulatory 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.
11. Reach - a hydraulic engineering term to describe a longitudinal ,
segment of a stream or river influenced by a natural or man-made ,
obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically con-
stitute a reach.
12. 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 mag-
nitude of the 100-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in the F1ood Insurance
~ Study.
13. fe^ulatory Flood °rotection Elevation The Reaulatory Flood Protection
Elevation shall be an elevation no lower than one foot above the eleva-
tion of the regional flood plus any increases in flood elevation caused
by encroachments on the flood plain that result from designation of a
'filoodway.
14. Structure - anything constructed the use of which requires more or less
permanent location on the ground or attachment to something having a
permanent location on the ground.
SECTION III ESTABLISHMENT OF ZONING DISTRICTS
A. Designation of Zoning Districts. The flood plain areas witnin tne juris-
diction of this ordinance are hereby divided into three Districts as
fol l ows : 3
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1. Floodway District. The Floodway District shall include those areas
designated as floodway in the F1ood Insurance Study.
2. Fload Fringe District. The Flood Fringe District shall include those
areas designated as floodway fringe in the Flood Insurance Study.
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.
The boundaries of these districts shall be shown on the Official Zoning Map.
B. Prohibition of Uses Other than Permitted or Special Uses. Within these
districts all uses not allowed as Permitted Uses or permissible as Special
Uses shall be prohibited.
SECTION IV FLOODWAY DISTRICT (FW)
A. Permitted Uses The following uses have a low flood damage potential
and do not obstruct flood flows. These uses shall be permitted within
the Floodway District to the extent that they are not prohibited by any
other ordinance and provided they do not require structures, fill, or
storage of materials or equipment. In addition, no use shall adversely
affect the capacity of the channels or floodways or any tributary to the
main stream or of any drainage ditch, or any other drainage facility
or system.-,
1. Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
2. Private and public recreational uses such as golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching
ramps, swirtBning 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 pur-
pose recreational trails.
3. Residential uses such as lawns, gardens, and play areas.
B. S ecial Uses The following open space uses involving structures
temporary ar permanent), fill, or storage of materials or equipment
which have high flood damage potential may be permitted in the Floodway
District only after the issuance of a Special Use Permit as provided in
Section VII-B of this Ordinance. These uses are also subject to the
provisions of Section IV-C, which applies to all Floodway Special Uses.
1. Extraction of sand, gravel, and other materials.
2. Baat, docks, piers, wharves, and water control st'ructures.
3. Railroads, streets, bridges, utility transmission lines, and pipelines.
4. Storage of materials and equipment except as provided in Section
IV-C.3(1). .
5. Structures accessory to apen space uses.
6. Placement of fill.
7. Other uses not specifically listed but similar in nature to uses
described in Sections IV-A and IV-B 1 through 6.
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C. Standards for Floodway Special 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 Special
Use which, acting alone or in combination with existing or reasonably
anticipated future uses, adversely affects the capacity of -t-he-flood-
way.
2. Fill. Any fill proposed to be deposited in the floodway must be
shown to have some beneficial purpo5es and the amount thereof must
not exceed that necessary to achieve the intended purpose, as demon-
strated by a plan submitted by the owner showing the uses to which
the filled land will be put and the final dimensions of the proposed
fill or other materials. Such fill or other materials shall be
protected against erosion by rip-rap, vegetative cover, or bulkheading.
3. 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 is prohibited.
(2) Storage of other materia1s or equipment may be allowed if readily
removable from the area within the time available after a flood
warning.
4. Structural Works for Flood Control. Levees, dikes, and floodwalls
shall not be constructed within the limits of the Floodway District.
Other structural works for flood control such as dams and channel
enlargements that will change the course, current, or cross-section
of a public water shall be subject to the provisions of Minnesota
Statutes 1974, Chapter 105.
5. Utilities, Railroad Tracks, Streets, and Bridges. Public utility
facilities, roads, railroad tracks, and bridges within the flood
plain shall conform to the requirements of Sections IV-C1 and IU-C2 and
shall be designed to minimize increases in flood elevations. Pro-
tection to the regulatory flood protection elevation shall be pro-
vided where failure or interruption of these public faeilities would
result in danger to the public or safety or where such facilities are
essential to the orderly functioning of the area. Where failure or
interruption of service would not endanger life or health, a lesser
degree of protection may be provided for minor or auxiliary roads,
railroads, or utilities.
SECTION V FLOOD FRINGE DISTRICT (FF) -
A: Permitted Uses Land in the Flood Fringe District shall be used only
for the uses permitted in the Zoning District in which the land is
located, provided, however, that no use shall be permitted which will
reduce or atherwise adversely affect the capacity of the channels or
floodways of any tributary to the main stream, or of any drainage
ditch, or any other drainage facility or system. The following
uses shall be permitted uses within the Flood Fringe District to
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the extent that they are not prohibited by any other ordinance:
1. Any use permitted in Section IV-A.
2. Residences and other structures constructed on fill so that the
basement floor or first floor, if there is no basement, is at or
above the Regulatory Flood Protection Eievation.
3. Accessory structures provided they are eanstructed-and placed on the
lot in a manner to minimize the obstruction to the'flow of flood; waters,
and are flood proofed in accordance with the State Building Code.
B. Special Uses. The follawing uses may be permitted'in the Flood Fringe
District only after the issuance of a Special Use Permit as provided in
Section VII-C of this Ordinance.
1. Residences which cannot meet the requirements of Section V-A.2 because
of lot size or the elevations of streets and utilities but which can
demonstrate other methods of e]evating the first floor above the
Regulatory Flood Protection Elevation.
2. Non-residential structures with first floor elevations below the
Regulatory Flaad Protection Elevation, but are fZoodproofed to the
FP-1 or FP-2 classification in accordance with the State
Building Code.
C. Standards for- Flood Frin e Uses
1. The finished fill elevation for buildings with first floor elevations
above the Regulatory Flood Protection Elevation shall be no lower
than one (1) foot below the Regulatory Flood Protection Elevation
and shall extend at such elevation at least fifteen (15) feet beyond
the limits of any structure or building erected thereon. Fill shall be
compacted and the slopes shall be protected by riprap or vegetative
covering. Residences constructed on fill shall be subject to the
vehicular access requirements in Section V-C.2.
2. Residences that da not have vehicular access at or above an elevation
not more than two feet be1ow the Regulatory Flood Protection Elevation
shall not be permitted unless granted a variance. Such variance shall
specify limitations on the period of use or occupancy of the residence.
3. Non-residential accessory ]and uses, such as s#orage 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 inundate to a depth greater than two feet
or be subject to flood velocities greater than four feet per second
upon occurrence of the regional flood.
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SEGTION VI General Flood Plain District (GFP)
A. Permitted Uses. Any use permitted in Section IV-A.
B. Special Uses. All other uses are permitted only after the issuance
of a Special Use Permit as provided in Section VII-C ofJhis Ordinance.
The General Flood Plain District includes the entire flp"od plain and
does not differentiate between those areas that are floodway and those
areas that are flood fringe. Secause of this, the City Council shall
determine whether the proposed use in the floodway or flood fringe
using procedures established in Section VII-C3. If it is determined
that the use iies in the floodway, the provisions of Section IV of this
Ordinance shall apply. If it is determined that the proposed use lies
in the flood fringe, the provisions of Section V of this Ordinance
shall apply.
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SECTION VII ADMINISTRATION.
A. Building Permits 7.
1. Building.Permit Required. A Building Permit issued by the Admin-
istrator in conformity with the provisions af this Ordinance shall
be secured prior to the erection, addition, or alteration of any
' building, structure, or portion thereof; prior to the use of change
of use of a building, structure, or land; prior to the change or
extension of a nonconforming use.
2. Application for Building Permit. Application for a Building Permit
shall be made to the Administrator on forms furnished by him/her
and shall include the following where applicable: plans 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. The site plan review procedure specified in Section
VIII-E of the Zoning Ordinance shall be fallowed for non-residential
buildings and uses.
B. Special Use Permits
1. Permit Required. A Special Use Permit shall be required for all
structures and uses so designated by the provisions of this Ordinance.
2. Application for Special Use Permit. Application for a Special Use
Permit shall be made to the Administrator in accordance with the
procedure specified in Section VIII-C of the Zoning Ordinance.
In addition to the documentation required therein, the following
information may be required at the discretion of the Administrator.
(a) 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.
(b) Plan (surface view) showing elevations or contours of the ground;
pertinent structure, fill, or storage elevations; size, lacation,
and spatial arrangement of all proposed and existing structures
on the site; location and elevations of streets; photographs show-
ing existing land uses and vegetation upstream and downstream;
and soil type.
(c) Profile showing the slope of the bottom of the channel or flow line
of the stream far a least 500 feet in either direction from the
proposed development.
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3. Upon receipt of a Special Use Permit application within the
General Flood Plain District, one cop_v of all the materials
and information listed in Section VII-B.2 shall be submitted
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 and to determine the Regula-
tory Flood Protection Elevation. Procedures consistent with
Minnesota Regulations NR 86-87 shall be followed in this ex-
pert evaluation. 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 the regional
flaod without increasing flood stages more than 0.5
feet. An equal degree of encroachment on both sides
of the stream within the reach shall be assumed in
computing floodway boundaries.
Based upon the technical evaluation of the designated engineer
or ex0ert, the City Council shall determine whether the proposed
use is in the Fioodway or Flood Fringe and the Regulatory Pro-
tection Elevation at the site.
4. Review and Approval Procedure. The review and approval procedure
specified in Section VIII-C of the Zoning Ordinance shall be
followed for uses requiring Special Use Permits under the pro-
visions of this Ordinance. The State Corrmissianer of Resources
shall be notified of all hearings for Special Use Permits within
the F1ood Plain.
In passing upon Special Use applications, the City Council shall
consider all relevant factors specified in other sections of this
Ordinance, and
(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.
(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) 7he importance of the services provided by the propased facility
to the community.
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(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 fior 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.
(1) Such other factors which are relevant to the purposes of this
Ordinance.
5. Filing with Commissioner of the Minnesota Department of Natural Re-
o
sources. A copy of all decisions granting Special Use Permits shall
be forwarded by mail to the Commissioner of the Minnesota Department
of Natural Resources within the (10) days of such action.
C. Variances
The Council may authorize upon appeal in specific cases such variance
from the terms of this Ordinance as will not be contrary to the public
interest, where, owing to special conditions, literal enforcement of
the provisions of the Ordinance will result in unnecessary hardship.
No variance shall have the effect of allowing in any district uses pro-
hibited 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.
l. Application, Review and Approval Procedure. ;The application,
review and approval procedure specified in Section VIII-D.
of the Zoning Ordinance shall be followed for all requests
for variances from the provision of this Ordinance.
2. Notification of Commissioner of the Minnesota Department of Natural
Resources. Applications for variances shall be submitted by mail to
the Commissioner of Resources at least ten (10) days prior to the
date on which the City Council will hear and act on the variance
request. A copy of all decisions granting variances shall be for-
warded by mail to the Commissioner of the Minnesota Qepartment of
Natural Resources within ten (10) days of such action.
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D. GENERAL REQUIREPSENTS
1. State and Federal Permits. Prior to granting a Building Permit
or processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shal] determine that the
applicant has obtained all necessary State and Federal Permits.
2. Certificate of Zoning Compliance for a New, Altered, or Noncon-
forming Use. It sha1T 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 en-
larged in its use or structure until a Certificate of Zoning
Compliance shall have been issued by the Administrator stating
that the use of the building or land conforms to the requirements
of this Ordinance. Where a nonconfiorming use or structure is
extended or substantially altered, the Certificate of Zoning Com-
pliance shall specifically state the manner in which the non-
conforming structure or use differs from the provisions of this
Ordinance.
3. Construction and Use to be as Provided in Applications, Plans,
Permits, and Certificate of Zoning Compliance. Use Permits,
Conditional Use Permits, or Certificates of Zoning Compliance
issued on the basis of approved plans and applications authorize
only the use, arrangement, and construetion set forth in such
approvk plans and applications, and no other use, arrangement,
or construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed violation of this
Ordinance, and punishable as provided by Section IX of this
Ordinance. The applicant shall be required to submit certifica-
tion by a registered professional engineer, registered architect,
or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions
of this Ordinance. Flood-proofing measures shall be certified
by a registered professional engineer or registered architect.
4• Record of First Floor Elevation. The Administratar shall main-
tain a record of the elevation of the first floor (including
basement) of all new structures or additions to existing struc-
tures in the flood plain districts. He/She shall also maintain
a record of the elevations to which structures or additions to
structures are flood-proofed. SECTION VIII SUBDIVISIONS
All lots subdivided within any flood plain district shall contain a build-
ing site at or above the Regulatory Flood Protection Elevation. All sub-
divisions shall have water and sewage facilities that comply with the pro-
visions of the F1ood Plain Management Ordinance 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.
SECTION IX MOBILE HOME PARKS
New mobile home parks and expansions to existing mobile home parks shall
be subject to the provisions placed on subdivisions by Section VIII of
this Ordinance.
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SECTION X NONCONFORMING USES
A structure or the use of a structure or premises which was lawful
before the passage or amendment of this Ordinance but which is not
in conformity with the provisions of this Ordinance may be continued
subject to the follawing conditions:
1. No such use shall be expanded, changed, enlarged, or altered in a
way which increases its nonconformity.
2. No structural alteration or addition to any nonconforming structure
over the life of the structure shall exceed 50 percent of its assessed
value at the time of its becoming a nonconforming use, unless the
entire structure is permanently changed to a conforming use or unless
the alteration or addition would substantially reduce potential flood
damages for the entire structure.
3. Any alteration or addition to a nonconforming structure or use which
would result in substantially increasing the flood damage potential
of that use shall require that the structure or use shall be flood-
proofed in accordance with the State Building Code. .
4. If any nonconforming use is discontinued or abandoned or a nonconform-
ing st~ucture is left unoccupied for 12 consecutive months, any future
use of the building premises shall conform ta this Ordinance. The
Building Inspector shall notify the Administrator in writing of in-
stances of nonconforming uses which have been discontinued for a
period of 12 months.
5. If any nonconforming use is destroyed by any means, including floods,
to an extent of 50 percent or more of its assessed value, it shall
not be reconstructed except in conformity with the provisions of
this Ordinance. However, the City Council may issue a Special Use
Permit for reconstruction if the use is located outside the floodway
and, upon reconstruction, is adequately flood-proofed, elevated, or
otherwise protected in conformity with the provisions of this
Ordinance.
6. Nonconforming uses located in the Floodway District shall be
eliminated or brought into conformity with the standards contained
in this Ordinance within a reasonable period of time as determined
by the City Council, after a hearing for each such nonconforming
use. The City Council shall make its determination upon the basis of
the normal useful life of any improvement upon the premises. In
addition, the monetary value of any competitive advantage derived
by the operation of such nonconforming use, by reason of the limita-
tion on establishment of competing businesses as a result of this
Ordinance, shall be considered as a reduction of losses resulting
from the requirement of termination of the use under this Ordinance.
SECTION XI AMENDMENTS The flood plain designation on the Official Zoning Map shall not be
removed from flood plain areas unless it can be shown that the designa-
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tion is in error or that the area has been filled to or above the eleva-
tion of the regional flood and is contiguous to lands outside the flood
plain. Special exceptions to this rule may be permitted by the Corrmis-
sioner of Natural Resources if he determines that, through other measures,
lands are adequately protected for the intended use.
All amendments to this Ordinance including amendments to the Official
Zoning Map must be submitted to and approved by the Commissioner of
Natura] Resources prior to adoption. Changes in the Official Zoning Map
also require prior approval by the Federal Insurance Administration.
SECTION XII ENFORCEMENT
A. Enforcing Officer. This Ordinance shall be enforced by the Administrator
' who is appointed by the City Councii. The Administrator may institute
in the name of the City of Arden Hills any appropriate actions or pro-
ceedings against a violator as provided by statute or ordinance.
B. Penalty for Violation. Violation of the provisions of this Ordinance
or failur,p~ to,comply with any of its requirements (including vialations
of conditions and safeguards established in connection with grants of
Variances or Conditional Uses) s.hall constitute a misdemeanor. Any
person who violates this Ordinance or fails to comply with any of its
requirements shall upon convietion thereof be fined not more than $500 or
imprisoned for not more than 90 days, or both, and in addition shall pay
all costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense.
C. Other Lawful Action. Nothing herein contained shall prevent the City
Council from taking such other lawful action as is necessary to
prevent or remedy any violation.
SECTION X111 EFFECTIVE DATE.
This ordinance shall be effective from and after its passage
and publication.
Passed by the Arden Hills City Council this 26th day of May, 1981.
Robert L. Woodburn
Mayor
Attest:
.
Charlotte McNiesh
Clerk Administrator
STATE OF MINNESOTA flood plain lands on both sides of a stream are capable of Use Permit as provided in Section VII-B of this Or-
COUNTY OF RAMSEY conveying a proportionate share W flood flows. dinance. 7hese uses are also subjeci to the provisions W
CITY OF ARDEN MILLS 4. Flood - a temporary increase in the flow or stage Section IV-C, which applies to all Floodway Special
ORDINANCE NO. 218 of a siream or in the stage of a lake ihat rewlis in the Uses.
FLOOD PLAIN MANAGEMEN7 ORDINANCE inundation of normally dry areas. 1. Extraction of sand, gravel and other matertals.
CITY OF ARDEN HILLS, MINNESOTA 5. Flood Frequency - the average frequency, 2. Boat, docks, pien, wharves, and water coMrol
SECTION I STATUTORY AUTNORIZATION, statistically determined, for which it is expected that a siructures.
FINDINGS OF FACT AND PURPOSE specific flood stage or discharge may be equalled or 3. Railroads, sTreets, bridges, utility transmission
A. Stafutory Authorinfion The Legislature W the exceeded. lines, and pipelines.
State of Minnesota has, in Minnesota STatutes Chapter 6. Flootl Frinqe - ihat portlon of the flood plain 4. Storage of materials and equipmentexcept as
104 and M.S.A. 462.357, delegated the responsibility to outside of the floodway and one of the three zoning provided in Section IV-C.3(1).
local governmental units to adopt regulations designed disiricts created hereby, the boundarles of which are 5. Siructures accessory to open space uses.
to minimize flood losses. Therefore, the City Council of shown on the Official Zoning Map. Flood fringe is 6. Placement of fill.
Arden Hills, Minnesota dces ordain as follows: synonymous with the term "floodway fringe" used in 7. Other uses not specifically listed but similar in
B. Findings o( Fact the Flood Insurance Study for Arden Hills. nature to uses described in SecTions IV-q and IV-B t
1. Existenceof Flood Hazards. The flood hazard areas 7. Fload Plaia - the areas adioining a watercourse ?hrough 6.
of Arden Hills, Minnesota, are subject to periodic which have been or hereafter may be covered by the C. StandaMs for Floodway Special Uses
inundation which rewlis in potential loss of Ilfe, loss of regional flood.
property, health and safety hazards, disruption of S. Flootl-Proofinp - a combination of siructural 1• AlI Uses. No structure (temporary or permanent),
commerce and governmental services, exiraordinary provisions, changes, or adiustments to properties and fill (including fill for roads and levees), deposit, ob-
public expenditures for flood protection and relief, and siructures subject to flooding, primarily for the siruction, storage of materials, or equipment, or other
impairment of the tax base, all of which adversely af- reduction or elimination of flood damages. uses may be allowed as a Special Use which, acting
fect the public health, safety, and generol welfare. 9. Floodway - the channel of the watercourse and alone or in combination with existing or reasonably
2. Methods Used to Analyze Flood Hazards. This those portions of the adioinin9 flood plain whlch are anticipated future uses, adversely affecis the capacity
Ordinance is based upon a reasonable method of reasonably required to carry and dlscharge the regional °f the floodway.
analyzing flood hazards which is consistent with the flood and one of the ihree zoning disTricts created Fill. Any fill proposed to be deposited in the
standards established by the Minnesota Department of hereby, the boundaries of which are shown on the Of- floodway musT be shown to have some beneficial pur-
Poses and the amount ihereof must not exceed that
Natural Resources. ficial Zoning Map.
nC. Statement of Purpose It is the purpose of this Or- 10. Obsfructfon - any dam, wall, wharf, em- ~essary to achieve the iMended purpose, as
dinance to promote the public healih, safety, and bankment, levee, dike, pile, abutment, proiection, tlemonsirated by a plan submitted by the owner
general welfare and to minimize those losses described excavation, channel modification, culvert, building, showing the uses to which the filled land will be put and
the final dimensions of the proposed fill or other
in Section I-Bl by provisions contained herein. wire, fence, stockpile, refuse, fill, strucTUre, or matter materials. Such fill or other materailsshall be protected
SECTION II GENERAL PROVISIONS in, along, across, or projecting into any channel, against erosion by rip-rap, vegetative cover, or
A. Lantls to Whith Ordinance Applies This ordinance watercourse, or regulatory flood plain which may bulkheading.
shall apply to all lands within the jurisdiction of Arden impede, retard, or change the direction of the flow of 3. Storage of Materials and Equipment
Hil Is shown on the Official Zoning Map as being located water, either in itself or by catching or collecting debris (1) The storage or prxessing of materials ihat are, in
within the boundaries of the Floodway, Flood Fringe, carried by such water. time.of flooding, flammable, explosive, or potentially
and General Flood Plain. 11. Reach - a hydraulic engineering term to describe injurious to human, animal, or plant life is prohibited.
B. Establishment of Olfieial Zoiiing Map The Official a longitudinal segment of a stream or river influenced (p) Storage of other maTerials or equipment may be
ZoningMaptogeiherwith all materialsattached ihereto by a natural or man-made obstruction. In an urban allowed if readily removable from the area within the
is incorporated herein by reference and declared to be a area, the segment of a stream or river between two time available afTer a flood warning.
part of ihis ordtnance. 7he attached material shall consecutive bridge crossings would most typically 4. Structural Worksfor Flood Conirol. Levees, dikes,
include the Flood Insurance Study for the City of Arden constitute a reach, and floodwatls shall not be constructed within the limits
Hills prepared by the Federal Insurence Administration 12. ReAional Flood - a flood which is representative of the Floodway Disirict. Other sTructural works for
dated January 2, 1981, and the Flood Boundary and of large floods known to have occurred generally in flood conirol such as dams and channel enlargements
Floodway Maps and Flood Insurance Rate Maps Minnesota and reasonably characteristic of what can be thaf will change the course, current, or cross-section of
iherein. The Official Zoning Map is on file at all times in expected to occur on an average frequency in the a public water shall be sublect to the provisions of
the Office of the Administrator. magnitude of the 100-year recurrence interval. Regional Minnewta Statutues 1974, Chapter 105.
C. Interpretafion flood is synonymous with the term "base flood" used in 5. Utilities, Railroatl Tracks, Sireets and Bridges.
1. Interpretation of Ordinance Provisions. In iheir the Flood Insurance Study. Public utility facilities, roads, railroad iracks, and
interpretation and application, the provisions of ihis 13. Requlatory Flood Protection Elevation The bridges within the flood plain shall conform to the
Ordinance shall be held to be minimum requiremenis Regulatory Flood Protection Elevation shall be an requiremenis of Sections IV-CI and IV-C2 and shall be
and shall be Iiberally consirued in favor of the gover- elevation no lower ihan one foot above the elevation of designed to minimize increases in flood elevations.
ning body and shall not be deemed a Iimitation or repeal the regional flood plus any increases in flood elevation protection to the regulatory flootl protection elevation
of any other powers granted by State statutes. caused by encroachments on the flood plain that result shall be provided where failure or interruption of these
2. Determination of Boundaries. The boundariesof the from designation of a floodway. public facilities would result in danger to the public or
zoning disiricts shall be determined by scalin9 14. Structure -anything consiructed the use of which safety or where such facilities are essential to the or-
distances on the Official Zoning Map. Where in- requires more or less permanent location on ihp ground derly functioning of the area. Where failure or in-
terpretation is needed as to the exact Iocation of the or attachment to something having a permanent terruptionofservicewouldnotendangerlifeorhealih,a
boundaries of the disirict as shown on the Official Ixation on the ground. lesser degree of protection may be provided for minor
Zoning Map, as for example where there appears to be a SECTION III ESTABLISHMENT OF ZONING or auxiliary roads, railroads, or uTilities.
conflict between a mapped boundary and actual field DISTRICTS SECTION V FLOOD FRINGE DISTRICT (FF)
conditions, the City Council shall make the necessary A. Designation of Zoning Districts. The fload plain A. permitted Uses Land in the Flood Fringe District
interpretation based on elevations on the regional (100- areas within the iurisdiction of this ordinance are shall be used only for the uses permittetl in the Zoning
year) flood profile and other available technical data. hereby divided into three Dlstricis as follows: Disirictin whichihe land islxated, provided, however,
Persons contesting the location of the disirict boun- 1. Floodway Disirict. The Floodway Disirid shall ihat no use shall be permitted which will reduce or
daries shall be given a reasonable opportunity to include ihose areas designated as floodway in the Flood otherwise adversely affect the capacity of the channels
present their case to the CiTy Council and to submit Insurance Study. or floodways or any tributary to the main stream, or of
technical evidence. 2. Flood Fringe DisTrict. 7he Flood Fringe DisiricT any tlrainage tliTCh, or any oiher drainage facility or
D. Compliance No structure or land located within the shall include ihose areas designated as floodway fringe system. The following uses shall be permitted uses
Floodway, Flood Fringe, on General Floadplain in the Flood Insurance Study. within the Flood Fringe Disirict to the extenT ihat ihey
Disiricts shown on the Official Zonin9 Map shall 3. General Flood Plain District. The General Flood are not prohibited by any other ordinance:
hereafter be used and no siructure shall be located, Plain Disirict shallinclude those areas designated as 7. qny use permitted in Section IV-A.
extended, converted, or structurally altered without full unrtumbered "A" zones on the Flood Insurance Rate p, Residences and other siructures consTructed on fill
compliance with the terms of ihis Ordinance and other Map. so ihat the basement floor or tirst floor, if there is no
applicable regulations which apply to uses within the The Boundaries of ihese districts shall be shown on basement, is at or above the Regulatory Flood
jurisdiction af ihis Ordinance. the Official Zoning Map. Protection Elevation.
E. Abrogation and Greater Resirictions It is not in- B. Prohibition of Uses Other ihan Permitted or 3. Accessory siructures provided ihey are consiructed
tended by this Ordinance to repeal, abrogate, or impair Special Uses. WiThin ihese districts all uses not allowed and placed on the lot in a manner to minimize the ob-
any existing easements, covenanis, or deed restricitons. as Permitted Uses or permissible as Special Uses shall struction to the flow of flood waters and are flood
However, where ihis Ordinance imposes greater be prohibited. proofed in accordance with the State Buflding Code.
resirictions, the provisions of ihis Ordinance shall SECTION IV FLOODWAY DISTRICT (FW) B. Special Uses. The following uses may be permitted
prevail. All other ordinances inconsistent with this A. Permitted Uses Thefollowing uses have a low flood in the Flood Fringe District only after the issuance of a
Ordinance are hereby repealed to the extent of the in- damage potential and do not obsTruct flood flows. These Special Use Permit as provided in Section V I I-C of this
consistency only. uses shall be permitted within the Floodway Disirict to Ordinance.
F. Warninp and Disclaimer of Liability This Or- the extent ihat ihey are not prohibited by any other 7. Residences which cannot meet the requirements of
dinancedoes not imply that areas outside the flood plain ordinance and provided They do not require siructures, Section V-A.2 because of lot size or the elevations of
disiricts or land uses permitted within such districfs fill, or storage of materials or equipment. In addition, sireets and utiliTies but which can demonstrate other
will be free from flooding or flood damages. This Or- no use shall adversely affect the capacity of the chan- methods of elevating the first floor above the
dinance shall not create liability on the part of Arden nelsorfloodwaysoranytributarytothemainsireamor Regulatory Flood Protection Elevation antl are flood
Hills or any officer or employee thereof for any flood of any drainage ditch, or any other drainage fac(lity or proofed in accordance with the State Build(ng Code.
damages ihat result from reliance on this Ordinance or system. 2. Non-residenTial siructures with first floor
any administrative decision lawfully made thereunder. 1. Agricultural uses such as general farming, pasture, elevations below the Regulatory Flood Protection
G. Severability If any sedion, clause, provision, or grazing, outdoor plant nurseries, horticulTUre, truck Elevation, but are flood proofed to the FP-1 or FP-2
portion of This Ordinance is adludged unconstitutional farming, foresiry, sod farming, and wild crop har- classification in accordance with the State Building
or invalid by a court of competent jurisdiction, the vesting. Code.
remainder of This Ordinance shall not be affected 2. Private and public recreational uses such as golf C. Siandards for Flood Frinpe Uses
thereby. courses, tennis courts, driving ranges, archery ranges, 1. The finished fill elevation for buildings wiTh first
H. Definitions Unless specifically defined below, picnic grounds, boat launching ramps, swimming floor elevations above the Regulatory Flood Protection
words or phrases used in this Ordtnance shall be in- areas, parks, wildlife and nature preserves, game Elevation shall be no lower than one (1) foot below the
terpreted so as to give them the same meaning as ihey farms, fish hatcheries, shooting preserves, target Regulatory Flood Protection Elevation and shall eztend
have in common usege and soas to give this Ordinance ranges, trap and skeet ranges, hunting and fishing at such elevation at least fifteen (15) feet beyond the
its most reawnable application. areas, and single or multiple purpose recreational l;mits of any sirucTUre or building erected thereon. Fill
1. Accessory Use or Strudure - a use or siructure trails. shall be compacted and the slopes shall be protected by
which is customarily incidental to the principal use or 3. Residential uses such as lawns, gardens, and play riprap or vegetative covering. Residences constructed
structure of the lot on which it is maintained or con- areas. on fill shall- be subject to the vehicular access
siructed. B. Special Uses The following open space uses in- requirements in Section V-C.2.
2. Administrator - the duly appointed Zoning Ad- volving structures (temporary or permanent), fill, or p. Residences ihat do not have vehicular access at or
ministrator for the City of Arden Hills. storage of maTerials or equipment which have high above an elevation not more ihan two feet below the
3. Equal Degree of Encroachment - a methotl of flood damage potential may be permitted in the Regulatory Flood Protection. ElevaTion shall not be
determing the location of floodway boundaries so that Floodway Disirict only after the issuance of a Special permitted unless granted a variance. Such variance
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
~
Pa9e 20B Thurs., June 25, 1981 THE BULLETIN
~
ic Notices
Publ's "
.
STATE OF MINNESOTA Uses.
COUNTY OF RAMSEY 1. Extraction of sand, 9ravel and other materlals. (d) The suBCeptibility of the proposed facility and its
CITY OF ARbEN NILLS 2. Boat, daks, pien, wharves, and water coMrol conteMS to flpod damage and the effed of such damape
ORDINANtE NO. 411 structures. oe the Individual owner.
FLOOD PLAIN MAMAGEMENT ORDINANCE d. Rallroads, sireefs, bridges, utility trensmisslon (e) The importahce of the services provided by the
C17Y OF ARDBN NILLS, MINNESOTA lines, and pipelines, proposed factlffy To the commurtiry.
SECTION I STATUTORY AUTMORIZATIQN, 4. Sforage W materials and equipmeM except as (f) The requiremeMS of the facillty for e waterfroM
FINDINGS OF FACT AND PURPOSL prpvidetl in Sedlon IV-C.3(1). Iotation.
A. StatuMry Authoriution The Legislature M the 5. Structures accessory to open space uses. (9) The availaWlity of alternative locatlons not
subject to flooding Wr the pcOposed use.
State of Minnesota has, in Minnesota Statutes Chapter 6. PlacemeM of fill. (h) ThG cumpatlbility of the proposed use wIM
104 and M.S.A. 162.357, deleqated the responatbfllty to 7, pther uses nof speciflcally listed but simllar in existing development and devefopmeM aMidpated in ,
local governmeMal units to adopt reyulatbns desiqned neture To uses deuYibed In Sections IV•A and IV-q 1 the foreseeable future.
to minimize flood losses. There(ore, the City Councll of through 6. (i) The relationship of the propased use to the com-
Arden Hills, Minnesota does ordaln as follows: C. Staqdands for Ploodway Speefal Utes rehensive plan and (laod plain.managemeM prOpram
B. Findinps o1 Fitt . p
1. Existence of Flood Hazards. The flood hezard areas 1' All U~g• No structure (temporary or permaneM), for the area,
of Arden Hills, Min~eaota, are wb~ed fo per~qf;c fill (includinp flll for roads and levees), deposlt, ob- (j) The safetV ~'acce~s to tlO property in times of
inundation which result9ln potentlel loss of IMe, loss of structi0n, sforaqe of maferials, or equipmeM, or other {l~ ~~dlnary and einergEncy vehicles.
uses may be allowed as a Speclal Use which, ac7in9 (k) The,expected heights, veFOtity, duration, rate oF
property, health and safety haiards, disruption of alone or In combinatlon with existlnp or rea3onably rise, and setllment Tronspo?t of the flood wate?s ex-
commerte and gdvernmeMal seNices, extra0rdinary anticipated future uses, adversely affecfs the capacity pected at the site. .
public expenditures for flood protecfion and rellet, and of the floodway p) Such other facto[s which are relevanf fo the
impairment of the tax base, all of which adverae4y ef• y, Fill. Any fill proposetl to be deposlted, in the ~rposes of ltds Ordinance.
fect the public health, Safety, and peneral welfsre. fWpdway npjgt be ghpNm to have SOme beneticlal pur- S. Filtng with Commissioner of the Mimesota
2. Mettwds Used to Analyze klood Hazards. Thla . ppses and the amouM Mereof, must not exceed that _ Department of Naturol Resource5. A rnpY W'a1l
Ordinance is based upon a reasonable mefhod of neceasary To achleve the IMended purpose, as deNsions granting Special Use Permifs shall he for-
analyzing flood hazarda which is conslsteM wlth the demorWrated by a plan wbmitted by the orvner Warded by maiPto the fommissioner of the Mtn4eeota
standards established by the Minnesota Department of srypNqny the uses to which 16e fiNed Idnd wfll be put and Department of Natural Resources within the_(l0) daYg
Natural Resources. - the final dfinenslons of the proposed fpl or oMer
C. Statement of Purppse It is ffie purpose of thls Or of such action.
dinance to promote the public hea1M, safety, and materials.5ucb,flllorothermaterailsshallbeprotecfed ~
C. Variances
aga1risY erosion by rip•rap, vepetaTlva cover, or The Council may authorize upon appeal in specific
generalwelfareandtominimizeThoselossesdescribed bulkheadlnq, easessuchvariancefromtheteemsofthisOrdinmeas,
in Section I-Bl by provisions contained herein. 3. Siwage of Ma?erialg and EqulpmeM wiii not be conirary to the public IMerest, where, owin4
SECTION 11 GEN6RpL PROVISIONS (1)Thestorageorprocdsainpofmaterlalsihatare,in to specWl wnditions, tiferal enforcemeM of the
A. Lands to Which Ordinanee Applies This ordinance time of flooding, flammable, explosive, or potentially provisions of the Ordinance will resuft in umrecesserY
shall apply to all lands wiMin the iVrisdldlon of Arden injuriaus to human, animal, br plant life is proFiibited.
Hills shown on the Offlcial Zoning Map as belnp located (Z) Storape of oMer materials or equipment maY be hardsMip. No varience shall have the effecT oF allowirg
wiMin the boundaries of the Flaodway, Flood Frinpe, allowed if readlly removable from the area wlMin the ~ 1O any district uses prohiWted in4hat disirict' permit a
and General Flood Plain. lower degree of flood proTection ihan the Repulatory
B. Establishment of Official Zoliinq Map The Offlclal time avaliable aNer a flood warninp. pl~ proteclSon Elevatton for the particuler area, or
, ZoningMaptogetherwiThallmeterlalsattachedthereto 4• Structural Worksfor Flood CoMrol. Levees, dlkes, permit standafds lower thaa Th~e requlred by State
is incorporated herein by reference and declared to ye a and iloodwalls shall not de constructed wlthin the Iimits 1e~y
part of ihis ordinance. The attached materlal shall °f the Floodway Dlstrict. Ofher structural works fOr 1, qp~;cation, Revtew and A{proval Prxedure. ihe
include the Flood Insurance Study for the Clty of Arden flood cantrW wch as dams and charmel enlar9emeMS applicatlon, review and approval prxedure specifiad in
ihaT will change the coorse, arrent, w cross-setTlon of SecHon V I I I-D. of the iooing Ordiqance shall be
HiIlSpreparedbythePetlerallnwranceAdministrstion a public water shall be subject to the provlsions of followed forall requests ftlr var+ances from the
dated January Y, 1981, and the Flood Bouetlary and Minnesota Statutues 1974, Chapter 105.
Floodway Maps and Flood Inwrance Rate Maps provision of ihis Ordinance.
5. Utilities, Railroed Tracks, Streets and Bridpes. y, Notlfi¢aTion of Commissioner of the Mitmesoia
therein.TheOfflcialZoningMapisonfileataNtimesin public utility facilfYes, rpada, reilroad trocks, and DeparTmeM of Natural Resources. Applicafions Wr
the Office of the Administrator. . bridges within Me flood Qlain ahalF,coMorm to the variancesshall be wbmitted by mail to the Com•
C. IMerprMation requlremeMS oF Sections IV-p and IV-C2 and shall be,
1. IMerpretation of Ordinance ProvlslonS. In'their desiyned to minimize.lncreaset in flaod elevatfons. missionerofRewurcesatleastten(10)deyspriortathe
inferpretation and appltcafiort, ihe provlsians of MIS date on which the City Council will hear and act dn the
Ordinance shall be held to be minimum requtremeMS Protection to the regulatory flood protection elevatton variance request. A copY of all declsions graMlrg
and;shall be Ilberelly consirued in favor of the gpver- ghall be provided where failure or Interruptlon of these variances shall be forwarded by mall to the Com-
ning body and shall not be deemed a Iimi}atlon or re al ~tlc facilitfes woold resulT in dan9er to the public or missioner of the Minnesota Department of Natural
safetY or where wch facilitles are euential to the or- Resources wilhiA ten (10) days of suc11 action..
of any other powen granted by State statutes. derly funcTioning W the area. Where failure or in• D. GENERAL RBGUIREMENTS
2. Determination of Boundaries. The boundariesof the terruptionofservicewouldnotendanperlHeorhealth,a 1. State and FPderal Permits. Prior to graMing a
zoning disiricts shall be determined by scallnp lesser degree of protecTion may be provided for minor guilding Permii or prxeuing an application for a
distances on the Official Zoninp Map. Where in- or auxiliary roads; roilroads, or utilities.
terpretatlon is needed as to the exad Ixatlon of the SECTION V' FLOOD FRINGE DISTRICT (FF) Conditio~al Use Qermlt or Varlance, ihe'Zoning Atl-
bourrdaries of the disirlct as shown on the Offickl A. Permtftad Uses tand in the Flood Frinpe Dlstrict mihisirator shall determine that the applicaM has
Zoning Map, as for example wl~ere there appears to be a obtained all neceasary State and Federal Permita.
conflict between a mapped boundary and actual.fleld ghall be used onlY for the uses permitted in the Zoning p. Certificate of Zoning Compliance for a New,
Disirlct in which the land is laated, provided, however; Altered, or NoncoMorming Use. It shall be un(awAUl to
conditions, the City Council shall make the necessary
h i use
interpretation based on elevatioris on the reyional (100- oNleervvise adversel ~fect ihe apac ~ oftbe ch nnels , xcupy, or permit the use or occupency of any
Year) flood profile anq other available technlcal data. bulkling or premises or part fhereof hereafter creafed,
Persons corMesting the Ixation of the disirid boun- °r floodways or any iribWary M the main siream, or of erecTed, changed; converted, altered, or enlarged in its
any tlrainage tlifch, or any ofher drainape faciHty or ' use or sirocTUre until a Cer}ificaTe W Zonirrg Com-
dari'es shall be given a reasonable opportunity to~ eystem. The following us05 shall be permltted uses pliance shaN have been Vssued by the Admin)atrafor
preseat thelr wse to the City Couneil and to submlt wiThin the Flood Fringe Disfrfcido the extent that ihey stating that the use of the building or land con(brms to
technical ev{dence. qre not prNiibited by any otAer ordinance: the requirertlenis of This Ordinance. Where a rOo-
. D.ComplianceNOStroclure orlandlaWtetlwiMin.the . 1, qny use permifted:in 5ection IV-A, conforminguseorslructurei4extendetlorsub5tantiallM-
Floalway, Flood Fringe, on 6enerel Floodplaln p, Residences and other structures consiructetl on flll ' altered, the Certificate of Zoning Compliance shall
Disiricis slwwn on the Offieial Zoning Map shall so thaf the basemeM floor or first floor, if there is ra Specifically state the menner in which the non-
hereaNer be used antl no struciure shall be located, basEMent, is at or above the Re9ulatory Flood conforming siructu're or use diffprs from the prow3iaM
extentled, converted, or structurally alTered without full Protectlon Elevation. of ihis Ordinance.
compliance wiM the terms of thls Ordinance and other 3. Accessory siructures providedihey are construcTed
epplicable reBUlatiohs wtdch apply to uses within the and placetl on the lot in a manner to miMmi:e the ob- 3. ConsirueTion arM Use To be as Provfded in Ap-
Iurisdiction of ihis Ordinance. siruciion to the flow M flood wafers and are flood Plications, Plans, Permits, antl {ertiflwte of Zoning
E. Abroqatfon and 6reater Resfcidions It Is rat in- proWed in kcordance with the State Builtlipp Code. Compliance. Use Permits, Conditional Use Permits, or
tended py ihis Ordfnance to repeal, abropate, or impair B. Special Uses. The lollowin9 uses may be permitted CerTificates of Zoning Compliance iswed on the bBSis of
any existing easemeMS, covenants,ordeed restridlons. ;n the Flood Fringe Distrid only after the issuance of a approval plans and applications authorize only the lrse,
. rrangement
However, where ihis Ordinance imposes greater Special Use Permit as provided in Sedion VII-C of ihis a, and corlstructlon set forih In such ap-restNctions, the provlsions W ihls Ordinance shall Ordinence. proved plans and~applications, and no other use,
- prevail. All oTher ordinances InconslsteM with ihis 1. Residenceswhich cannot meet the requiremenis of arrangement, or consiroction. AAy use, arreiem~ t,
Ordinance are nereby repealed to the exteM of the in- Section V-A.2 because of lot size or the elevations of or construction at variancewith thai authorized shall'be
consi5lencY only. - deemed Wolati0n of tAis-Ordinance, and puniShable es
sireets and utillfies but wbich can tlemonstrote oMer Provided by 5ec4ion IX of inis Ordinance. The applicaM
F. Warninp and Disclaimer of LiabilHy This Of• methods of elevating the fint flaor above the shall be required fo aubmit cerTifiwtioo by a reglstered -
tlinancedcesnotimplythatareasouTSidetheflaodplaln Regulatory Flood Protection Elevafion and are flood professional engiAeer, registered architect, or
disiricts or land uses permitted within such distrlcfs prppfed in accordance with the State Bullding Code. registered laod surveyor Maf the finished fill-aed
will be free from floodtng or flood damages. This Or- Y. Non-resideMlal strucTUres with first floot building, elevations-were accomplished In compliance
dinance shall not create.Iiability on the part of Arden elevatlons below the Regulatory Flood Prptection With the provisfons oF ihis Ortlinance. Flood-prooi'utig
Hills or any officer or emploYee thereof for any flood Elevation, but are flood proofed to the FP-1 or FP-4 measures shall be certified by a registered professional
damages that rewlt from rellance on this Ordinance or classffication in accordance wiM the State 9utlding engineer or registered architecf.
any administrative decision lawfully made thereunder. Code, e. Rxord ofFirst Floor Elevation. The Adminisirafor
0. Severability If any secflon, clause, provislon, or C. StandsMs lor Floal Frinpe Uses - shall mainfain a reco[d of the elevation of the first floor
portion of ihis Ordinance is adjudged unconsfitutional l. Tbe fiNShed fill elevation for buildings with first (;ncluding basemenT) of all new siructures or additlons
or invalid by a court of competeM juriadiction, the fl0or elevatioM above the Regulatary Flaod Protection Toexi;ting sTructures in the flood plain distr'kis. He-She
remainder of ihls Ordinance shall nof be atfeded Elevafiorrshall be no lower than one (1) hfot below the
Thereby. Regulafo?y FloodProtecfion ElOvaTion and shall eAtend shal! also maiMain a rernM of }~e elevations to whicN
, H. Detinitions Unless specifically deflned below, at such elevation at least flNeen (15) fe@t beyond tEte siructures or additions to strudures are flood-proofed.
words or'phrases used in fhis OrdinarKe shall be ln- limitsof any siructure pr buildinq erected tliereon. Fill SECTION vlll SUBbIWS10N5
terpreTed so as to 9ive ihem the same meanirq ad ttreY shal) be com opes shall be ProtecTed b All lofs subdivided within any flood plain dlsirid sh811
pacted atltl the 51 Y cpn}ain a building site at or above the RegulaMry Flaaa
havs in common usage and so as'to piye thisOrdlnance riprap or veyetative covering. Resfdences conStrucTed protection'ElevaSion: All subdivisions shaN hdve wgtet
iis mosT reasonable application. oa fill shall be subject To the vehicular access and sewage-facilities ihat comply WIM the provisions of
1. Aefessory Use or Strvclure - awe M atfUCture requirement5 in Section V,C.4. - the Food'Plain Managemerrt Ordinance and have r6ad
which is customariry irrcideMal to the princFpal upa or Re4idancr4 Maf do not have vehitufar actes5 aT or access both to the wbdivisidn anal fa Me imlivflbtfl
- sirucfure of the iot on whtch it is mairMained or con- above an elevatiai iroT more. Than fwo feet below the b iltling sites no lower ihan 'two feet below -ihe
atructed. RequlaWy Flood Protection Elevaffon shail not bp u , rG
y
Repulatory Flond
2. AdmirNStrator - the duty eppoiMed Zonin9 Ad•, permitted ualess grantetl a varlaACe. Such variance Protection ~levaTion.
ministrotor for the City of Arden Hills. shalk specify limitatlons on. the parlotl of use or oc- SECTION IX MOBILH HOM~E PARKS •
New mobile home parks antl expansiafs t0'existifN3. Equal Degree of EncroaeAmaN - a mefhodof cupancy of the resiEence. mvbilehome parks shall be wbiect to fhe. provisiaM
determing the laation of floadway boundaries eo That 3. Non•residPntial accessory land uses, Such as placed on subdivisfons by SecTion Vfll 'of thls Or;
flood plain lands oo both sldes of a sTream are cap~le of storage yards, rallroad iracks, and parking loh may be dinance.
conveying a proportionate share of flood flows. ai elevations IOwer than the RepulaMry Flood SECTION X NONCONFORMIN6 USES
4. Flood - a temporary inereasa in the flow or stape Protecibn Elevation. However, a permit for such A sTructure or the use of a sirucNre or premifts
' of a stream or in the sta9e 01 a lake ihaT result5 in the facilitfes to be used bY the employees or the general which was lawful before the passage ar amenckneM of
inundation of normafly dry areas. - public shall not be graMed In?he absence of a flood ihis Ordinance but which is nof iq conformity wi}h ihe
S. Flood Frequency - the averoge frequencV, warning system ihat provitles adequ8te tlme for provigions of this Ordinance may tie coMtnued subject
statisticallY determined, for which it is expecTed MaT a evawatfon if the area would inundatE fo a depth greater to the foltowing conditions: -
specific flood stage or diuharge may be equalled or than two feet or be subiect to flood velxitks greater 1. No such use shaH be expanded, changed, enlarged,
exceeded. ihan faur -feet per second upon occurrence of the or alfered in a way which increases its nonconformity,
6. Flood FrinAe - ihat portton M the flood-plain regional flood. . 2. No siructural alTeration or addiTion fo any rqon•
outside of the floodway and one of the Mree zonirlg SECTION VI 6eneral Flood Plain Districl (GFP) conforminp siructure over the Ilfe of the sirudure shaNdlstrich creaTed hereby, the boundaries of which are : A. permitted Uses. Any uBe permltted in SecNon IV- exceed SO percent of its.assesaed value at the flmeof itS
shown on the Officlal Zonin9 Map. Flood frinye Is A. becoming a noncoMorming use, unlesi the eMire
synonymous with the term "floodway tringe" used in B. Spec'eal Uses. All other uses are permitted only 3lructure is permanently chanped to a coMorming use
the Flood Insurance Study for Arden Hills. after the i95uance of a Spedal Use PermiT a4 provided or unless the atTeretion or addiTion would sub3tentfally
7. Flood Plain - the aceas adjoining a watercou?se in Sedion VI I-C of this Ordinance. The Generel Plood reduce potential flood damage6 for the enTire slrocYVre.
which have been or hereafter may be covered by the Plain DisTrict includes the entire flood plain apd does 3. AnY alteration or addition fo a noncoMorminp
regional flood. - - no1 differeMiate befween iNOSe areas triat arq flooAway st?ucture or use which would result in substantialry
B. Flaotl-Proofing - a Combination W strudural aod Those areas ihat are flood fringe. Because oi this, ;ncreasing the flood damage potential of thaT use shall
provistons, changes, or adjustmeMS t0 prOperties arM the CiTy Councll shall determine whether the propo5ed require that the siructure or use snall 6e flootl-prODled
structures wbjecT to flooding, primarlly for the use in the flaodway or flood frtnge usin9 Procedures In accordance wiM the StatE Building Code.
retluction or eliminailon of flood damapes. . esTablished in SecTion VI I-C3. 4f it is determinetl Mat the 4. If any nonconfOrming use is dlscoMinu2d of
9. Floodway - the channel M the waTercourse and use Ifes in the floodway, the provisions W Section IV of ' abandoned or a noncoMOrming siructure is left unoC-
ihose porTions of the adloininp flood plain which are this Ordinance shall apply. If it is deTerminetl that the cup;ed for 12 consecutive monThs, any fuTUre use oi the
reasonably required towrry and discharge the regional proposetl use lies in the flood fringe, the provisions of building premises shall coMorm to Mis Ordlnarxe. The
flqod and one of the ihree zoning disirlcts created Section V of ihls Ordinance shall.applY. ' • guilding Inspector shall rwt{fy thR AdminisNafor in
hereby, the boundaries of wMch are shown nn the Of- SECTION VI I ADMINISTRATION wrlting of instances of noncontorming uses which havs
ficial ZoNng Map. - ' A. Building Permits been discontinuld for a period of 12 monihs. .
10. Obstructlon - any dam, wall, whaH, em- 1. Building Permif Rpquired. A Bullding Permit g, If any nonconformin9 use is desiroyed by any
hankment, levee, tlike, pile, abutment, proiectlon, issued by the AdminlsTrator in eoniormity wiM; the means, including floods, 10 an exteM of 50 perc4Flt Or
excavation, channel modificatlan, culvert, bWlding, provisionsof ihisOrdinance shall be secured priar to the more of its a4sessed value, it shall not be reconstrucied
wire, fence, stockpile, refuse, fill, siructure, or matter erection; addition, or alteratton of any buildiny, except in conformity with the provisions of this pr
in, along, across, or proiecting' iMO any channel, Structure, or portton fhereof; prior fo the use of change i dinance. However, the City CouncN may issue a_Specl&l
watercourse, or reyulatory flood plein which may of use of a building, siructure, or land; prior to the Use Permit for reconsiructlon if the "use is bcafed
impede, retard, or change the directlon of the flow of change or extensian of a nonconforming use. outside the flaodway and,. upon reconsfruction, Is
water, eifher in itself or by catchin9 or collectinp debrb 2, qpplication for Building Permit. Application for a- atlequaTely flond-proofed, elevated, or otherwise
carried by such water. - -BuiMing Permit shall be made to the AdmiNSirator on protected in conformity with the provi,sions of ihla
11. Reach - a hydrautic engineering term to describe forms furnished by pim-her and shall irrclude the .~Ordinance.
a longitudinal segmeM of a stream or river iMluenced _ following where- applicable: plans drewn to scale, , 6. Nonconrorming uses laated In the Floodway
by a natural or man-made obstructlon. In an urban showing the nature, location, dimenslons, and Disirict shall be eliminated or brou9ht iMO confOrmity
area, the segment of a stream or river between two elevations ur the lot; existing or proposed siructures, W;ih the standards coniained in This Ordinance within e
consecutive bridge crossings would mosf typlcaNV fvll, or storage of materials; and the Ixation of the reasonable period of time as determined by the City
constitute a reacd. foregoing in relation to the siream channel. The site' Council. ,afTer a hearing for each such rronconformlny
12. Regional Floaf - a flood which Is reprexMative plan review prxedurespeclfied in Section V I I I-E of the use. The City CoUncil shall make iTS determinatiqn upor
of large floods known To have occurretl generolly in Zoning Ordinance shall be followed for ran-residential the basis of the normal useful life of any impxovaeneeii
Minnesota and reawnably cbaracteristic of what can be buildings and uses. , upon the premises. In additfon, the monetarY value a
expected to acur on an averaye frequency in the B. Special Use Permils any corqpetitive advantage derived bY the operatiotr 0
- magnitude of the 100-year recurrence iMerval. Reglonal 1. Permit Required. A Special Use. Permit shall be such nonconforming use, by reason oi the Iimitation oi
flood is synonymous with the term "base flood" used in reQuired for all structures and uses so deslgnated by the establishmenT of competing businesses as- a result a
the Flood Insurahce Study. Pcovisions of tMis Ordinance. - this Ortlinance, shall be rnnsidered as a reduClWn, a
13. ReguWforv Flaod Proteetlon Slevatbn Tbe 4, Application for Special Use Permit. Application ior losses rewltinp from the requirement of terminaC(on b
RegulaTOry Flood Protecfion Elevatlon shall be an a Special Use Permit shall be made to the Ad- the use under ihis Ordinanee.
elevation no lower then one foot above the elevation of ministrator in accordance wIM the praedure specified • SECTION XI AMENDMENTS
the reglonal flood plus anY increases in flood elevatlon in Sedion VI I I-C of the Zoninp Ordinance. In additlon to Theflootl plaindeSlgnation on the Officlal Zpning,MaI
causetl by encroachmenTS on the flood plain that result the documentaTioo required thereln, the following in- shall rrot be removeQfrom flood plain areas unYessi4 cai
trom designation oi a floodway. fwmation may be required at the discretion of the ye shown That the designatton is in error or fRat the dre+
1e etN,erxre - anvthina constructed the use of which Aqministrator. . . . has been filled to or above the elevatiun of the regiona