HomeMy WebLinkAbout2010-008Ordinance 2010-008
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
ORDINANCE 2010-008
AN ORDINANCE AMENDING THE CITY'S FLOOD PLAIN REGULATIONS
The Arden Mills City Council hereby ordains that Chapter 13, Sections 1305 Subd 4 and Section
1335 are hereby amended in the Arden Hills City Code to read as follows:
Definitions.
Subd. 1 Acre. A quantity of land containing forty-three thousand, five hundred and
sixty (43,560) square feet or one hundred sixty (160) square rods in whatever shape and
pattern (e.g. circular, square, triangular, irregular, broad or narrow).
Subd. 2 Acre, net (as applied to PUD density calculations). One (1) acre of land,
minus the two-thirds (2/3) of that portion of the acre encompassed by wetlands, one-half
(1 /2) of that portion of the acre encompassing wholly or partially hills, mounds, or slopes
that drop at a rate of twelve percent (12%) or more per every fifteen (15) feet or more of
distance; and the entire area of public streets.
Subd. 3 Administrative officer. The zoning administrator, building inspector, their
deputies or assistants, and any other officials of the city charged with or engaged in the
administration of this Code or any portion thereof.
Subd. 4 Administrator. The zoning administrator.
Subd. 5 Agricultural uses. Uses customarily associated with the growing of farm
produce and the raising of farm animals for general use; but not including raising and
feeding (feed lots) of livestock, fur farms and kennels.
Subd. 6 Alteration. As applied to a building or structure, a change or rearrangement in
the structural parts or in the existing facilities, or an enlargement, whether by extending
on a side or by increasing in height, or by moving from one location to another.
Subd. 7 Alley. A minor public or private way which is used primarily for vehicular
service access to the back or side of a lot abutting on a street.
Subd. 8 Animals, domestic. Common household pets, such as dogs and cats, other
animals kept for amusement, companionship, decoration, or interest.
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Subd. 9 Animals, farm. Animals traditionally kept or raised on a farm for the purpose
of providing food or products for sale or use, such as cattle, horses, goats, sheep, swine,
fowl, bees, and animals raised for fur.
Subd. 10 Animals, wild. Animals such as wolves, tigers and poisonous snakes that are
not normally a domestic animal or farm animal and would ordinarily be confined in a zoo
or found in the wild.
Subd.11 Antenna. Equipment, used for transmitting and/or receiving
telecommunication, television or radio signals, which is located on the exterior, or
outside, of any building or structure.
A. Dish Antenna: A parabolic -shaped antenna (including all supporting
apparatus) which is used for transmitting or receiving telecommunication,
television or radio signals, which is located on the exterior, or outside, of any
building or structure.
1. Class I: Dish Antenna under thirty (30) inches or more in diameter;
six (6) feet in surface area; or six (6) feet in height.
2. Class ll: Dish Antenna thirty (30) inches or more in diameter; six (6)
square feet or more in surface area; or six (6) feet or more in height.
B. Tower: Any pole, spire or structure, or any combination thereof, to which
an antenna is attached, or which is designed for an antenna to be attached,
and all supporting lines, cables, wires and braces; including but not limited to
a free-standing radio (including ham radio and private radio transmitting) or
television receiving antenna, a windmill, and a wind -powered generator.
Subd. 12 Apartment. A room or suite of rooms located in a one- or two-family building
or multiple dwelling, which shall include a bath and kitchen accommodation, intended or
designed for use as an independent residence by a single household.
Subd. 13 Appeal. An application for the review of an order, requirement, decision,
determination or interpretation of this Code made by an administrative officer in the
application and/or enforcement of this Code.
Subd. 14 Basement. 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. (Revised 05105110)
Subd. 15 Bluff. A topographic feature such as a hill, cliff, or embankment having the
following characteristics (an area with an average slope of less than 18 percent over a
distance for 50 feet or more shall not be considered part of the bluff): (Added 02/22/10)
(1) Part or all of the feature is located in a shoreland area;
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(2) The slope rises at least 25 feet above the ordinary high water level of the
water body;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more
above the ordinary high water level averages 30 percent or greater; and
(4) The slope must drain toward the waterbody.
Subd. 16 Bluff Impact Zone. A bluff and land located within 20 feet from the top of a
bluff. (Added 02/22/10)
Subd. 17 Board. The board of appeals and adjustment established by this Code.
Subd. 18 Boardinghouse. A building other than a hotel where for compensation and by
pre -arrangement for definite periods, lodging and meals are provided for three (3) or
more persons, but not exceeding five (5) persons.
Subd. 19 Boulevard. That portion of a street lying between the lateral line of the
roadway portion thereof (i.e., the back of the curb or curb line) and the right-of-way line
thereof which may contain within its boundaries a sidewalk or portion of driveway.
Subd. 20 Building. A structure which is designed and suitable for the habitation or
shelter of human beings or animals, or a shelter or storage of property, or is used for trade
or manufacturing.
Subd. 21 Building Line. A line parallel to a lot line or the ordinary high water level at
the required setback beyond which a structure may not extend. (Revised 02/22/10)
Subd. 22 Building, Accessory Structure or Use. A subordinate building structure or use
which is located on the same lot on which the principal building or use is situated and
which is reasonable necessary, appropriate and incidental to the conduct of the primary
use of such principal building or principal use.
Subd. 23 Building envelope. (See Lot, Buildable portion of.)
Subd. 24 Building height. The vertical distance from the average elevation of the grade
along a face of a building to the highest point of the roof surface of flat roofs, the deck
line of mansard roofs, or the average height between the eaves and the highest ridge of
gable, hip, or gambrel roofs. The height of a stepped or terraced building shall be the
height of the tallest segment of the building.
Subd. 25 Building inspector. The inspector as provided for in the building code.
Subd. 26 Building, principal. A building in which the principal use, of the lot on which
it is located, is conducted.
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Subd. 27 Bulk. The term used to indicate the size and setbacks of buildings or
structures and location of same with respect to one another and includes the following
items:
Size and height of buildings or structures.
A. Location of exterior walls at all levels in relation to lot lines, street or to
other buildings or structures.
B. Gross floor area of buildings or structures in relation to lot lines, street or
to other buildings or structures.
C. All open spaces allocated to buildings or structures.
D. Amount of lot area per dwelling unit.
Subd. 28 Bulk materials. Uncontained solid matter such as powder, grain, stone, sand,
sulfur, etc., that has a tendency to become airborne.
Subd. 29 Business. Any occupation, employment or enterprise wherein merchandise is
exhibited and sold, or which occupies time, attention, labor and materials, or whereby
services are offered for compensation.
Subd.30 Business services. Services performed primarily for other businesses,
including such services as secretarial, clerical, employment agencies, business machine
service, printing, etc.
Subd. 31 Caliper Inches. The diameter of a tree measured at 4.5 feet above the Bound.
(Added 4/28/08)
Subd. 32 Clear Vision Area. The clear vision area shall be an area within a triangle that
is measured along the edge of the driving surface of the road at the intersection of two
roads (public or private) and extending thirty (30) feet in each direction from the
intersection with a line connecting the two end points. (Revised 3/18/09)
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Subd. 33 Clear -cutting. The complete removal of trees or shrubs in a contiguous patch,
strip, row, or block. (Revised 02122/10)
Subd. 34 Clinic. A building for out -patient medical treatment of humans or small
animals.
Subd.35 Clubs and lodges. Buildings and facilities owned and operated by a
corporation or association of persons for social, recreational, charitable, educational or
cultural purposes, but not operated primarily for profit or for purposes which are
customarily associated with a business.
Subd. 36 Clubs, sports and fitness. A place of assembly where membership may be
required and is directed toward the general public with the commercial promotion of
sports and physical fitness.
Subd. 37 Commission. The Planning Commission, as established by the Code of
Ordinances, City of Arden Hills, Chapter 2.
Subd. 38 Comprehensive plan. A compilation ofpolicy statements, goals, standard and
maps for guiding the physical, social and economic development, both private and
public, of the city'and its environs and may include, but is not limited to, the following
items: Statements of policies, goals, standards, a land use plan, a community facilities
plan, a transportation plan and recommendations for plan execution.
Subd. 39 Conditional Use. A use which, because of unique characteristics, cannot be
classified as a permitted use in a district, and which, after due consideration by the
Planning Commission and Council, pursuant to the applicable procedures contained in
this Code and the Arden Hills City Code of Ordinances, may nevertheless be permitted
with restrictions on a site by conditional use permit granted by the Council.
Subd. 40 Conditional Use Permit (C.U.P.). A permit required for certain land uses
classified as Conditional Accessory Uses or Conditional Principal Uses.
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Subd.41 Consumer Small Loan Establishment. Any establishment that offers
consumer small loans, commonly referred to as ``payday loans," as defined in Minnesota
State Statute 47.60 as amended from time to time. (Added 1213108)
Subd. 42 Council. The City Council, as established by the Code of Ordinances.
Subd. 43 Critical Root Zone. The minimum area around a tree that should remain
undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For
each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's
is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root
zone is 30 feet. (Added 4128108)
Subd. 44 Day care facility. Any facility, public or private, which for gain or otherwise,
regularly provides one or more persons with care, training, supervision, habilitation,
rehabilitation or developmental guidance on a regular basis, for periods of less than
twenty-four (24) hours per day, in a place other than the person's own home, including
but not limited to family day care homes, group family day care homes, day care centers,
day nurseries, nursery schools, preschool programs, daytime activity centers, day
treatment programs and day services.
Subd. 45 Density. The number of dwelling units permitted by this Code on one(1)
acre.
Subd. 46 Density net. The number of dwelling units permitted by the Code on one (1)
net acre of land.
Subd. 47 Density transfer. The relocation of housing units or square footage of
building area computed on part of a building site to another part of the site resulting in an
increase in density to the transfer area for the purpose of preserving open space, forested
areas, environmental or terrain features deemed worthy of preservation by the Planning
Commission.
Subd. 48 Density zoning. Density zoning shall be interpreted as the provision of lot
areas smaller than the minimum requirement of this Code under conditions whereby the
total number of dwelling units is not greater than the amount permitted under normal
conditions.
Subd. 49 Dog kennel, Commercial. A structure specifically designed and commercially
used for the harboring of three (3) or more dogs that are more than three (3) months old.
Subd. 50 Dog kennel, Residential. A structure specifically designed and residentially
used for harboring of up to three (3) dogs that are more than three (3) months old.
Subd. 51 Dog Run. A structure specifically designed for domestic use for the harboring
and exercise of not more than two (2) dogs.
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Subd. 52 Drive-in business. Any business establishment offering to customers a
service which is primarily or exclusively laid out, designed, equipped or operated so as to
allow its customers to purchase and receive such service without having to enter the
building and usually while remaining in their automobiles. By way of illustration, but
without limitation, drive-in businesses include: drive-in banks, drive-in laundry or dry
cleaning establishments, but do not include businesses where prepared commodities,
such as prepared food, beverages or dairy products are sold.
Grocery stores, confectionery stores, drugstores, or restaurants which offer "take home"
food services as an incidental part of their business shall not be considered drive-in
businesses.
It is recognized that automobile service stations are drive-in businesses within the
meaning of the foregoing general definition, but they are excluded from this definition as
used herein since they are treated and defined separately in this Code.
Subd. 53 Drive -up Window. A window or other opening at a business establishment
that allows customers to purchase and/or receive a service or product without having to
enter the building. (Added 12/03/08)
Subd. 54 Dwelling. A building or portion thereof, designed or used exclusively for
residential occupancy, including single-family, two-family and multiple family uses, but
not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal
cabins, or motor homes or travel trailers.
Subd. 55 Dwelling, multiple. A dwelling containing three (3) or more attached
dwelling units.
Subd. 56 Dwelling, single-family. A dwelling that consists of one (1) dwelling unit.
Subd. 57 Dwelling, two-family. A dwelling that consists of two (2) dwelling units.
Subd. 58 Dwelling unit. A residential building or portion thereof intended for
occupancy by one (1) family with facilities for living, sleeping, cooking and eating but
not including hotels, motels, nursing homes, tents, seasonal cabins, boarding or rooming
houses, motor homes or travel trailers.
Subd. 59 Dwelling unit, attached. A dwelling unit which is joined to one (1) or more
other dwelling units.
Subd. 60 Dwelling unit, detached. A dwelling which is not joined to any other
dwelling unit, and is located on a separate lot with the structure surrounded by open
space and having a separate point of entry.
Subd. 61 Earth -sheltered home. A dwelling constructed so that fifty (50) percent, or
more, of the exterior surface of the completed building, excluding garages or other
accessory buildings, is covered with or bears against earth.
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Subd. 62 Easement. Aright or privilege in favor of a person or a government authority
to use a parcel of land or portion thereof for specific purpose.
Subd. 63 Equal Degree of Encroachment. 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. 64 Exterior storage. The storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
Subd. 65 Family. An individual or two (2) or more persons, each related to the other by
blood, marriage, adoption or foster care, or a group of not more than four (4) persons,
some or all of whom are not related by blood, marriage or adoption, living together and
maintaining a common household. (These regulations shall not be applied so as to
prevent the City from making reasonable accommodation as required by the Federal Fair
Housing Amendments Act of 1988).
Subd. 66 Flood. A temporary increase in the flow or stage of stream or in the stage of
a wetland or lake that results in the inundation of normally dry areas.
Subd. 67 Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
Subd. 68 Flood Fringe. 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. 69 Flood Plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or may be covered by the regional flood.
Subd. 70 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.
Subd. 71 Floodway. 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. 72 Floor area. The sum of the gross horizontal area of all floors of a building as
measured in square feet from the exterior sides of the exterior walls, or from the
centerline of party walls separating attached buildings, but not including covered porches
that meet the requirements in Section 1325.03 Subd 2.ID; decks; any space where the
average floor -to -ceiling height is less than six feet; attached or detached garages; and
other detached accessory structures.
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Subd. 73 Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a
building's floor area by the amount of lot area.
Subd. 74 Frontage. The uninterrupted front boundary line of a lot, or the length of such
line, which abuts on a street.
Subd. 75 Garage, private. An accessory building or portion of the principle building
which is intended and used for the storage of the private passenger vehicles of the family
or families who reside upon the lot upon which the garage is located.
Subd. 76 Garage, repair. A building or space for the repair or maintenance of motor
vehicles, including body work, painting and vehicle wash, and incidental display and
sales of automotive products but not including factory assembly of such vehicles, auto
wrecking, or junkyards.
Subd. 77 Garage, truck. A building that is used or intended to be used for the storage
of motor trucks, truck trailers, tractors and commercial vehicles exceeding one -ton rated
capacity.
Subd. 78 Grade. The lowest elevation of the finished surface of the ground, sidewalk,
or other paving within a five-foot horizontal distance from the face of the building.
Subd. 79 Group home. A group facility in a residential setting utilized by unrelated
people on a 24-hour per day basis for purpose of rehabilitation, education, supervision
and treatment. (see "residential facility")
Subd. 80 Home occupation. The accessory or conditional accessory use of a residential
structure for any gainful occupation or profession.
Subd. 81 Hotel/motel. Any building, or group of buildings, having six (6) or more
guest rooms intended or designed to be rented or hired out to be occupied, or which are
occupied for sleeping purposes by guests.
Subd. 82 House of worship. A building, together with its accessory buildings and uses,
where persons regularly assemble for religious activities or worship.
Subd. 83 Household. The person or persons occupying a single dwelling unit. A
household may consist of a single family, one (1) person living alone, two (2) or more
families living together or any group of related or un-related persons who share living
arrangements.
Subd.84 Industry. Uses such as the manufacturing, compounding, processing,
packaging, treatment, assembling or warehousing of products and materials.
Subd. 85 Institutional housing. Student or faculty housing for four (4) or more persons
on rental basis, rest home, hospital, sanatorium, nursing home, convalescent home,
orphan home.
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Subd. 86 Junkyard. An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but
not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A
junkyard includes a vehicle wrecking yard but does not include uses established entirely
within enclosed buildings.
Subd. 87 Land reclamation. The deposition of more than four hundred (400) cubic
yards of sand, gravel, or other earth materials per single parcel or per acre, whichever is
greater, on a site in such a manner as to elevate the grade.
Subd. 88 Landscape lot area. That portion of a lot required to remain as open space,
free of buildings, parking and drives.
Landscape lot areas may consist of:
A. Naturally vegetated areas,
B. Wetlands or ponding areas,
C. Planting beds, ground cover and mulch areas (vegetative, rock, bark chip,
etc.),
D. Decorative walkways and areas not to exceed fifteen percent (15%) of the
required landscape lot area, and
E. Outdoor recreation areas.
Subd. 89 Landscaping. Plantings such as trees, grass, shrubs.
Subd. 90 Loading area. Any area where trucks are maneuvered and parked, for the
purposes of loading or unloading products, materials or equipment.
Subd. 91. Lot. A parcel of land described by metes and bounds measurement, reference
to a registered land survey, plat, record of survey map, or other means, and separated
from other parcels or portions by said description, and which is occupied by, or is
suitable under this Code and other applicable ordinances for occupancy by one (1)
principal building, or used together with any accessory buildings or uses and such open
spaces as are required by this Code.
Subd. 92 Lot area. The total site area within the lot lines.
Subd. 93 Lot area, net buildable. The space remaining on a lot after the minimum
landscape area, open space and setback requirements of this Code have been met.
Subd. 94 Lot area per family. The lot area per family is the lot area required by this
Code to be provided for each family in a dwelling.
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Subd. 95 Lot, buildable portion of. (Building Envelope) The area of a lot on which a
principal structure may be placed. The portion of a lot remaining after the minimum
building setbacks have been met. (Lot area, net buildable, is more limiting as other
deductions are included).
Subd. 96 Lot, corner. A lot situated at and abutting on the intersection of two (2) or
more streets having an angle of intersection of not more than one hundred thirty-five
(135) degrees. A lot abutting upon a curve street shall be deemed a corner lot if the
tangents to the curve at its point of beginning within the lot or at the points of
intersection of the side lot lines with the street line intersect at the interior angle of less
than one hundred thirty-five (135) degrees. A corner lot shall maintain front yard
requirements for each street frontage.
Subd.97 Lot coverage. The total allowable amount of lot area, expressed as a
percentage, which may be covered by a principal use and its accessory structures.
Subd. 98 Lot depth. The mean horizontal distance between the mean front road and the
mean rear lot line. The greater frontage of a corner lot is its depth, and its lesser frontage
is its width.
Subd. 99 Lot line. A property boundary line of any lot held in single or separate
ownership or separately described; except that where any portion of the lot extends into
the abutting street or alley, the lot line shall be deemed to be the street or alley line.
Subd. 100 Lot line, front. The boundary of a lot abutting a street. On a corner lot, the
shortest street lot line shall be the front lot line.
Subd. 101 Lot line, rear. The lot line most nearly parallel to and most remote from the
front lot line.
Subd. 102 Lot line, side. Lot lines other than front or rear lot lines. On a corner lot, the
longest street lot line shall be a side lot line.
Subd. 1.03 Lot, interior. A lot other than a corner or reversed corner lot.
Subd. 104 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of
another lot whether across an alley or not.
Subd. 105 Lot of record. A lot existing as of April 101h, 1993, date of this Code or
approved by the city as a lot subsequent to such date, and includes non -conforming lots.
Subd. 106 Lot, shoreline. A lot having one (1) or more lot lines fronting on public
waters.
Subd. 107 Lot, through. A lot that has a pair of opposite lot lines abutting two (2)
substantially parallel streets, and which is not a corner lot. On a through lot, the
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determination of whether the street frontage is to be considered a front yard or rear yard
shall be as subject to the provisions of this Code.
Subd. 108 Lot width. The mean horizontal distance between the side lot lines at the
minimum front setback line.
Subd. 109 Lowest Floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, used solely for parking of
vehicles, building access, or storage in an area other than a basement area, is not
considered a building's lowest floor. (Added 05105110)
Subd. 110 Manufactured home. A structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein; except that
the term includes any structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification and complies with the standards
established under this Code and Minnesota State Statutes as amended from time to time.
The term "manufactured home" does not include the term "recreational vehicle."
(Revised 05105110)
Subd. 111 Manufacturing and processing. All uses which include the compounding,
processing, packaging, treatment, or assembly of products and materials. Generally,
these are industries dependent upon raw materials refined elsewhere. These uses include,
but are not limited to. fabrication of wood, metal, and plastic products; assembly of
electronic components, equipment, and appliances; processing of chemicals, plastics,
food products, and nonalcoholic beverages; manufacturing of clothing and textile
products; distribution centers, lumber yards, printing and binding shops, machine shops,
sheet metal shops, sign shops, contractor's shops and storage yards.
A. Class I: Above uses without exterior storage.
B. Class II: Above uses with permitted exterior storage.
Subd. 112 Metes and bounds. A method of property description utilizing directions and
distances commencing from and terminating at an easily identifiable point.
Subd. 113 Mining. The extraction of more than four hundred (400) cubic yards of sand,
gravel, or other earth material from a single parcel or per acre of land, whichever is
greater, in such a manner as to reduce the grade.
Subd. 114 Mobile home. A manufactured home designed, constructed, and equipped for
use as asingle-family dwelling, which has a width of less than twenty (20) feet over more
than twenty-five (25) percent of its length; or which is not placed on a permanent
foundation complying with the requirements of the state building code or which is not
continuous and solid for the entire perimeter of the structure.
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Subd. 115 Mobile home park. Any premises on which are parked two (2) or more
occupied mobile homes, excluding premises on which mobile homes are sold for
removal to another site.
Subd. 116 Motorized vehicle leasing and rentals. A business that leases or rents
motorized vehicles to the general public. Includes minor services and washing as an
accessory use. Not more than eight (8) rental or lease vehicles on site at one time.
Subd. 117 Motorized vehicle service. A business that provides repair or maintenance
services for motorized vehicles including engine repair, replacement or parts and engine
service, but does not include body work, painting, factory assembly of vehicles or vehicle
wrecking yards.
Subd. 118 Multiple occupancy building. A building containing two or more
independent businesses with or without separate exterior entrances and for which
signage, parking and site requirements are unified in a consistent visual and functional
manner.
Subd. 119 Native Vegetation. "Native Vegetation" - Plant species indigenous to
Minnesota, or that expand their range into Minnesota without being intentionally or
unintentionally introduced by human activity, and are classified as native in the
Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation
does not include Weeds. (Revised 02122110)
Subd. 120 Nonconforming building. A building lawfully existing as of the effective date
of the adoption of this Code, or amendment hereto, which under the provisions of this
Code could not be built because of restrictions on height, setbacks, yards, lot coverage,
floor area ratio, or other characteristics of the building or its location on the lot where it
exists.
Subd. 121 Nonconforming use. A building, structure or use of a building, structure or
parcel of land, or a portion thereof, lawfully existing as of the effective date of the
adoption of this Code or amendment hereto, as a matter of right or by permit, which is
not permitted in the zoning district in which it is located.
Subd. 122 Nursery. Any land used to raise trees, shrubs, flowers, and other live plants
for sale and commerce.
Subd. 123 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.
Subd. 124 Off ce(s). A room, suite of rooms, or a building containing rooms or suites of
rooms in which persons conduct commercial activities, provide professional services, or
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carry on occupations and where goods are not stored, produced, sold at retail or repaired,
including but not limited to the following: financial institutions, executive and
administrative offices, business offices such as insurance, real estate, sales and similar
offices, professional offices such as offices of engineers, surveyors, architects,
accountants, attorneys and bookkeepers and similar offices, but excluding medical
clinics.
Subd. 125 Off-street parking areas. Structures or areas of ground used for the storage or
parking of motor vehicles.
Subd. 126 Open sales lot. Any land used or occupied for the purpose of buying and
selling any goods, materials, or merchandise, and for the storing of same under the open
sky prior to sale.
Subd. 127 Open space. (See landscape lot area.)
Subd. 128 Ordinary High Water Level. The boundary of public waters and wetlands, and
shall bean elevation delineating the highest water level which has been maintained for a
sufficient period of time to leave evidence upon the landscape and as determined by the
Minnesota Department of Natural Resources. The ordinaryhigh watermark is commonly
that point where the natural vegetation changes from predominantly aquatic to
predominantly terrestrial. (Revised 02/22/10)
Subd. 129 Parking space. A land area of such shape and dimensions and so prepared as
to be usable for the parking of a motor vehicle, and so located as to be readily accessible
to a public street or alley. Truck loading and unloading space shall not be included in
such area.
Subd. 130 Pathway, pedestrian way. A public or private way, running across or located
within a platted lot or block or an unplatted parcel of land, used primarily for pedestrian
traffic.
Subd. 131 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a
person engaged in whole or in part in the business of lending money on the condition that
it maybe redeemed or repurchased by the seller for a fixed price within a fixed period of
time.
(b) The following are exempt from the definition of "pawnbroker." Any bank regulated
by the State of Minnesota, the comptroller of the currency of the United States, the
Federal Deposit Insurance Corporation, the board of governors of the Federal Reserve
System, or any other federal or state authority and their affiliates; any bank or savings
associations; whose Deposit Insurance Corporation of any successor to it and all affiliates
or those banks and savings associations, any state or federally chartered credit union; and
any industrial loan and thrift company or regulated lender subject to licensing and
regulation by the Department of Commerce.
Ordinance 2010-008
Subd. 132 Person. Any individuals, firm, partnership, corporation, company,
association, joint stock association or body politic; includes any trustee, receiver,
assignee or other similar representative thereof.
Subd. 133 Personal services. Services customarily rendered for compensation. Such
services shall only involve minor storage and related sales of products and supplies
related to the service offered and for customers ordinarily utilizing the service offered.
Typical personal services include but are not limited to: apparel tailoring and cleaning;
hair styling, trimming and cutting; beauty services; photographic services; and other
services of a similar nature.
Subd. 134 Planned Unit Development (P.U.D.). The development of a tract of land in a
unified manner, pursuant to a development plan specifically approved by the city.
Subd. 135 Planning Commission. The planning agency of Arden Hills as prescribed in
Minnesota Statutes Chapter 462.354. It is advisory to the City Council on all matters
related to the Comprehensive Plan and all official controls that implement the
Comprehensive Plan, and all other matters referred to it by the City Council.
Subd. 136 Protected Waters. Any waters of the State as defined by State law. However,
no lake, pond or flowage of less than ten (10) acres in size and no river or stream having
a total drainage area less than two (2) square miles shall he regulated for the purposes of
these regulations.
Subd. 137 Public use. The use of any lot, parcel of land and any structure or building
thereon exclusively for public purposes by any department or branch of government,
federal, state, county or city, excluding independent school districts, without reference to
the ownership of said lot, parcel of land, building or structure.
Subd. 138 Public waters. Means a body of water capable of substantial beneficial public
use. This shall be construed to mean, for the purposes of these regulations, any body of
water, which has the potential to support any type of recreational pursuit or water supply
purpose. A body of water created by a private user where there was no previous
shoreland, as defined herein, for a designated private use authorized by the commissioner
of natural resources, shall be exempt.
Subd. 139 Railroad right-of-way. A strip of land with tracks and auxiliary facilities for
track operation, but not including depots, loading platforms, station, train sheds,
warehouses, car shops, car yards, locomotive shops or water towers.
Subd. 140 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 constitute a reach.
Subd. 141 Recreation, commercial. Recreational facilities which are operated for profit
or render a service which is customarily considered as a business.
Ordinance 2010-008
Subd.142 Recreation, residential. Play apparatus such as swing sets and slides,
sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar
equipment or structures, when used on residential property, but not including electronic
towers, tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet
of floor area, or sheds utilized for storage of equipment.
Subd. 143 Recreational Vehicles (RVs). Vehicles for recreational or utilitarian uses that
can be driven, towed, or hauled. Including, but not limited to, motor homes and travel
trailers, snowmobiles, pull campers, all terrain vehicles (ATVs), tent trailers, or other
similar vehicles. (Revised 02107108)
Subd. 144 Recreational Vehicles (for the purposes of Section 1335 only). A vehicle that
is built on a single chassis, is 400 square feet or less when measured at the largest
horizontal projection, is designed to be self-propelled or permanently towable by a light
duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the
purposes of Section 1335, the term recreational vehicle shall be synonymous with the
term travel trailer/travel vehicle. (Added 05105110)
Subd. 145 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Height. The distance as measured from the ground to the highest point of the recreational
vehicle, utility trader, or watercraft, including any covering, as stored. This does not
including antennas and utility/mechanical systems provided they are accessory and take
up no more than ten (10) percent of the roof surface area. RVs and watercraft on a trailer
shall be measured as one. (Revised 02107108)
Subd. 146 Recreational Vehicles, Utility Trailers, Riding Lawn Mowers, and Watercraft
Length. The distance as measured from end to end of the recreational vehicle, utility
trailer, or watercraft, including any hitch, motor, and covering, as stored. RVs and
watercraft on a trailer shall be measured as one. (Revised 02107108)
Subd. 147 Regional Flood. A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year recurrence
interval. Regional flood is synonymous with the term "base flood", 1 percent annual
chance flood, or 100-year elevation.
Ordinance 2010-008
Subd. 148 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. (Added OS/OS/IO)
Subd. 149 Research. The use of any lot, parcel of land and any structure or building
located thereon for the purposes of studying or investigating facts not readily available,
such as, for example, medical, chemical, electrical, metallurgical, or other scientific
research, but excluding the manufacture or processing of materials or goods for sale. Re-
search with animals is considered a separate category.
Subd. 150 Research animals. Animals kept in a laboratory setting for the purpose of
testing and research related health care products.
Subd. 151 Residential facility. Any facility, public or private, which for gain or
otherwise, regularly provides one or more persons with a twenty-four (24) hours per day
substitute for care, food, lodging, training, education, supervision, habilitation,
rehabilitation and treatment they need, but which for any reason cannot be furnished in
the person's own home, including but not limited to, state institutions under the control of
the commissioner ofpublic welfare, foster homes, residential treatment centers, maternity
shelters, group homes, residential programs, or schools for handicapped children.
Subd. 152 Rest home. A private home for the care of the aged or infirm or place of rest
for those suffering bodily, mental or emotional disorders. Such a home does not contain
equipment for surgical care or for the treatment of disease or injury, nor does it include
maternity, care for mental illnesses or infirmities; includes nursing home.
Subd. 153 Restaurant. A business establishment whose principal business is the
preparation, service and sale of food and beverages to be consumed by customers while
seated at tables or counters located within the building on the premises.
Subd. 154 Restaurant, fast food. Any restaurant which meets a number of the following
requirements:
A. Customarily provides quick service to its customers;
B. Offers to its customers a limited, standardized menu of inexpensive food
and/or beverages;
C. Serves its customers from a counter located within the building on the
premises and does not customarily offer service at the table by waiter or
waitress;
D. Allows customers to consume their orders of food and/or beverages at
tables or counters within the building, in their automobiles parked on the
premises, or away from the premises as the customers choose;
Ordinance 2010-008
E. Packages and services a substantial proportion of its food and/or
beverages in disposable wrappers, containers, cartons, boxes and bags;
F. Provides a number of trash, litter, or garbage cans in the parking areas and
within the building on the premises for the deposit of the disposable
packaging in which the food and/or beverages are provided;
G. Prepares and cooks a substantial proportion of its food in volume, in
advance of orders by customers, and usually in anticipation of predicted
volumes of customers at certain times of the day;
H. Specifies the items of food and/or beverage offered to customers on signs,
placards, posters, valances, or boards posted in conspicuous places
throughout the building rather than on printed menus given to the customers;
I. Generates a high volume and rapid flow of in -and -out traffic because of
its quick service mode of operation.
Subd. 155 Retail sales and services. Stores and shops selling, renting or leasing goods
for uses away from the point of sale or offers services available on the premises.
Includes the following: antiques, art and school supplies, auto accessories, bakeries,
bicycles (not motorized), books, stationery, candy, camera and photographic supplies,
carpets and rugs, china and glassware, clothing and costume rental, custom dressmaking,
department stores, drugs, dry goods, electrical and household appliances, sales and repair,
florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts,
hardware, hats, hobby shops, interior decorating, jewelry, leather goods and luggage,
locksmith shops, musical instruments, office supply equipment, optometrists, paint and
wallpaper, phonograph records, shoes, sporting goods, tobacco, toys, variety stores,
wearing apparel, and similar type uses. Motor vehicle sales, motor vehicle leasing and
rentals, exterior equipment rental and sales lots, repair garages, and open sales lots are
not included in this definition of retail sales.
Subd. 156 Roadway. The entirety of a private street and that portion of a public street
extending from the back of the curb (i.e., the curbline) on one side to the back of the curb
(i.e., the curbline) on the other side, used primarily for vehicular traffic.
Subd. 157 Schools, bus terminal. School bus terminal shall be a building or space
engaged primarily in the transportation and activities associated with the transportation of
students.
Subd. 158 Schools, general education. Nursery, primary, elementary and secondary
schools.
Subd. 159 Schools, higher education. Junior colleges, colleges and universities
approved by the Minnesota Higher Education Coordinating Board for the Minnesota
Department of Education.
Ordinance 2010-008
Subd. 160 Schools, special education. Trade, vocational, business, barber, beauty, art,
music, dancing, driving and other professional schools, with or without on -site housing.
Subd. 161 Service station. A place where gasoline, kerosene, diesel or other motor fuel
or lubricating oil or grease for operating motor vehicles are offered for sale to the public
and deliveries are made directly into motor vehicles. Includes greasing and oiling, one -
bay motor vehicle wash and the sale of automobile accessories on the premises. Also
includes minor repairs, incidental body and fender work, minor painting and upholster-
ing, replacement of parts and motor services to passenger automobiles and trucks not
exceeding one and one-half (1.5) tons capacity. It shall not include major general repair,
rebuilding or reconditioning of engines, motor vehicles or trailers; collision service,
including body, frame or fender straightening or repair; overall painting or paint job.
Subd. 162 Setback. The minimum horizontal distance between a structure and the
ordinary high water level or between a structure and a road, well, highway, or property
lines.
Subd. 163 Setback, minimum building. The minimum horizontal distance allowed by
this Code, between a structure and a lot line.
Subd. 164 Shore impact zone. The land located between the ordinary high water level
and a line parallel to it at a setback of 50 percent of the structure setback. (Revised
02/22/10)
Subd. 165 Shoreland. The land located within the following distances from protected
waters:
A. One thousand (1,000) feet from the ordinary high water mark of a lake,
pond, or flowage; and
B. Three hundred (300) feet from a river or stream, or the landward extent of
a flood plain on such rivers or streams, whichever is greater.
C. The practical limits of shorelands may be less than the statutory limits
where the limits are designated by natural drainage divides at lesser distances,
as shown on the official zoning map of the City.
Subd. 166 Sidewalk. A hard surfaced public or private way, used primarily for
pedestrian traffic.
Subd. 167 Sign. A name, identification, description, display, logo, illustration or device
which is affixed to, painted or represented directly or indirectly upon a building or other
surface or piece of land, and which directs attention to an object, product, place, activity,
person, institution, organization or business.
Ordinance 2010-008
Subd. 168 Significant Tree. A tree that is important to the site and the neighborhood
character, that is structurally sound and healthy, and that meets at least one of the
following standards: (Revised 04/28/08)
1. A deciduous hardwood tree that is at least ten (10) caliper inches, including
but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch,
black cherry, hackberry, locust and basswood.
2. A deciduous softwood tree that is at least twelve (12) caliper inches,
including but not limited to, cottonwood, poplars/aspen, box elder, willow,
silver maple and elm.
3. A coniferous evergreen tree having foliage on the outermost portion of the
branches year-round and which is at least fifteen (15) feet or more in height.
4. A group of deciduous trees that are at least eight (8) caliper inches or
coniferous trees that are at least fifteen (15) feet in height, that provide a
buffer or screening along an adjacent public street or between differing land
uses.
Subd. 169 Soil processing. The processing of sand, gravel or other materials mined from
the land.
Subd. 170 Staging Area. Any exterior area that is used to load, unload, stack, pile, store
or assemble materials, equipment or vehicles to be used either on site or off site.
Subd. 171 Story. That portion of a building included between the surface of any floor
and the surface of the floor next above it, or, if no such floor above, the space between
such floor and the ceiling next above it.
Subd. 172 Story, half. A space under a sloping roof which has the line of intersection of
roof decking and wall face not more than three (3) feet above the top floor level, and in
which space not more than two-thirds (2/3) of the floor area is finished for use. A half -
story containing independent apartment or living quarters shall be counted as a full story.
Subd. 173 Streets. A public or private way, consisting in the case of a private way of a
roadway and in the case of a public way of a roadway and a boulevard (the latter of
which may contain a sidewalk), used primarily for vehicular traffic, whether designated
as a street, avenue, parkway, road, lane, throughway, expressway, highway, place or
however otherwise designated. The term "streets" includes the following classifications:
A. Collector street. A street which carries traffic from local streets to streets
and highways of higher classifications. It provides for both land access
service and local traffic movements within residential neighborhoods,
commercial areas and industrial areas.
B. Cul-de-sac. A street with a circular turn -a -round and only one outlet.
Ordinance 2010-008
C. Local street. A street of limited continuity used primarily for access to
the abutting properties and the local needs of a neighborhood.
D. Minor arterial. A street system that interconnects with and augment the
urban major arterial system and provide service to trips of moderate length at
somewhat lower level of travel mobility than major arterials. This system
distributes travel to geographical areas smaller than those identified with the
higher system.
E. Major arterial. Usually a divided highway with four (4) or more lanes and
serves the major centers of activity of a metropolitan area, the highest traffic
volume corridors, and the longest trip desire. The major arterial carries a
high proportion of the total urban area travel on a minimum mileage. Almost
all fully and partially controlled access facilities are a part of this class.
F. Expressway. A type of major arterial with a controlled access roadway
and expressway ramps to provide ingress or egress to other levels of streets..
The use of expressway ramps allows the uniform flow of traffic on a major
arterial highway without undue delays.
Subd. 174 Structural alterations. Any change in the supporting members of a building
such as bearing walls, columns, beams or girders, or any substantial changes in the roof
and exterior walls.
Subd. 175 Structure. Anything constructed, the use of which requires a permanent
location on the ground or attachment to something having a permanent location on the
ground, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, signs, recreational vehicles not meeting the exemption
criteria otherwise specified in the zoning code, and other similar items.
Subd. 176 Structure, accessory. A detached, subordinate structure, the use of which is
incidental and related to that of the principal use of or principal structure on the lot on
which it is located.
Subd. 177 Structure, multiple -occupancy. (See Multiple occupancy building).
Subd. 178 Structure, principal. The predominant structure upon a lot in which the
principal use of the lot is conducted.
Subd. 179 Structure, temporary or portable. A structure which is not intended for
permanent occupancy but which may be suitable in certain situations for specific periods
of occupancy pending either construction of permanent facilities or a change in
conditions that will eliminate the need for the temporary structure. Portable classrooms,
portable offices and air -supported structures are examples of temporary or portable
structures.
Ordinance 2010-008
Subd. 180 Studios. A building or space within a building where professional artists,
musicians, photographers, dancers, designers, etc. practice their profession or teach;
display and sales of products used or produced in the profession is considered an
accessory use.
Subd. 181 Substantial Damage. Damage of any origin sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred. (Added
OS/OS/10)
Subd. 182 Substantial Improvement. (Added 05105110) Within any consecutive 365-day
period, any reconstruction, rehabilitation (including normal maintenance and repair),
repair after damage, addition, or other improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The term does not,
however, include either:
A. Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions.
B. Any alteration of an "historic structure," provided that the alteration
will not preclude the structure's continued designation as an "hi stori c
structure." For the purpose of this Ordinance, "historic structure" shall be
as defined in 44 Code of Federal Regulations, Part 59.1.
Subd. 183 Tower. Any pole, spire or structure, or any combination thereof, to which an
antenna is attached, or which is designed for an antenna to be attached, and all supporting
lines, cables, wires and braces; including but not limited to a free-standing radio
(including ham radio and private radio transmitting) or television receiving antenna, a
windmill, and a wind -power generator.
Subd. 184 Townhouse. A single-family dwelling, which maintains private ingress and
egress, contains no independent dwellings above or below it, and is attached to other
similar dwellings by a common wall.
Subd. 185 Use. The purpose for which land or premises or a building thereon is
designated, arranged or intended, or for which it is or may be occupied or maintained.
Subd. 186 Use, accessory. A use which is incidental to the principal use of the lot on
which it is maintained or conducted.
Subd. 187 Use, principal. The. primary or predominant use for which the lot and
structure, if any located thereon, is conducted or maintained.
Ordinance 2010-008
Subd. 188 Use, principal multiple -operation. A business or industrial operation which
consists of two or more distinguishable uses, all of which are dependent upon each other,
but none of which is predominately or clearly the principal use and all of which are
generally compatible with the permitted allowable uses in the district. -
Subd. 189 Use, conditional accessory. A use which is both an accessory use and a
conditional use and which, after due consideration by the Commission and Council,
pursuant to the applicable procedures contained herein, may be allowed as an accessory
use by Conditional Use Permit granted by the Council.
Subd. 190 Use, conditional principal. A principle use which, because of unique
characteristics, cannot be classified as a permitted principle use in any particular district,
and which, after due consideration by the commission and council, pursuant to the
applicable procedures contained herein, may nevertheless be allowed on a site in a
particular zoning district by Conditional Use Permit be granted by the council. Includes
temporary uses which require conditional approval before being allowed.
Subd. 191 Utility distribution lines. The distribution facilities of electric power, gas,
water and communication companies which directly serve abutting properties.
Subd. 192 Utility substation. A structure used for the relay or distribution of electric,
water, sewer, telephone, etc., services.
Subd. 193 Utility transmission lines. The transmission facilities of electric power and
communication companies which do not directly serve abutting properties.
Subd. 194 Utility trailer. Equipment used for recreational or utilitarian purposes that can
be towed; such as special purpose trailers (i.e. boat trailers, ATV trailers) or other hauling
trailers. (Revised 02/07/08)
Subd. 195 Utility vehicle. A vehicle, with or without a motor, and/or adapted for
temporary living, sleeping, business or storage purposes; having a frame, but no
foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not
reach or meet building code requirements and has been or may be equipped with wheels
or other devices for transporting purposes. This term shall include travel trailers,
camping trailers, tent trailers, recreation vehicles, faun tractors, riding yard and garden
tractors and trailers. A permanent foundation shall not change the character of the
vehicle.
Subd. 196 Variance. A modification or variation of a specific permitted development
standard required as a provision of this Code, 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
circumstance, except that modification in the allowable uses within a district shall not be
allowed as a variance. (Revised O5105110)
Ordinance 2010-008
Subd. 197 Vehicle Wash. A building, or portion thereof, which principal use is the
washing of vehicles.
Subd. 198 Vehicle wrecking yard. Any open space where three (3) or more used
motorized vehicles are stored which do not possess current state auto licenses.
Subd. 199 Warehousing. The storage ofmaterials or equipment as a principal use within
an enclosed building.
Subd. 200 Watercraft. Motorized water -oriented vehicles including, but not limited to,
power boats, cruisers, jet skies, fishing/hunting boats, pontoon boats, and any non -
motorized craft with greater than a two person capacity. This definition excludes non -
motorized one and two person crafts such as canoes, kayaks, and paddle boats. (Revised
02107108)
Subd. 201 Waterfront uses. Boat docks and storage, water recreation equipment and
other uses normally associated with to lakeshore property.
Subd. 202 Wetlands. Transitional low-lying areas between terrestrial and aquatic
systems, either created or natural, covered with shallow and sometimes temporary or
intermittent waters as defined in the United States Fish and Wildlife Service Circulator
No. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet
meadows, and shallow lakes and ponds with emergent vegetation. (Revised 02/22/10)
Subd. 203 Wetland Alteration. Alteration of a wetland includes changes to the wetland
and/or wetland buffer strip in regards to size, depth or contour; dredging; tilling;
damming; alteration of the watercourse; ditching; tiling; grading; draining; discharge of
water; appropriation of water; changes in vegetation; or otherwise altering or destroying a
wetland or wetland buffer or their functions. Alterations would not include Native
Vegetation plantings or selective clearing or pruning of prohibited or restricted noxious
weeds, unless within a Drainage and Utility Easement in which case submission of and
written approval by the City is required. (Added 02/22/10)
Subd. 204 Wetland Buffer Strip. An area of vegetated ground cover around the
perimeter of a wetland that, either in its natural condition or through intervention, has the
characteristics of buffering the wetland from surrounding landscaping. (Added 02/22/10)
Subd. 205 Wetland Delineation. An assessment tool utilized to determine the boundary
of a wetland using the US Army Corps of Engineers Wetland Delineation Manual
(January 1 987) as well as any additional boundary determination requirements
established in Minnesota Rules Chapter 8420. A "Wetland Delineation Report" is a
document that summarizes the observations, results and conclusions performed during
the assessment when wetlands are present. (Added 02/22/10)
Subd. 206 Yard, front. A yard extending along the full length of the front lot line
between the side lot lines.
Ordinance 2010-008
Subd. 207 Yard, minimum required. The minimum open space extending between a
minimum building setback line and the adjoining lot line in which a principle building
may not be placed and in which accessory buildings may only be placed as regulated in
this Code.
Subd. 208 Yard, rear. A yard extending across the full width of the lot and measured
between the rear line of the lot and the rear line of the main building.
Subd. 209 Yard, side. A yard between the building and the adjacent sideline of the lot
and extending from the front yard to the rear yard.
Subd. 210 Yard Area, required rear. The minimum required rear yard depth multiplied
by the average width of the total rear yard.
Subd. 211 Zoning map. The map or maps incorporated into this Code as a part hereof,
delineating the zoning districts.
Section 1335 — Flood Plains
1335.01 Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to
adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of
Arden Hills, Minnesota does ordain as follows:
1335.02 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 impainnent 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 Section are
based upon a reasonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
Subd. 3 National Flood Insurance Program Compliance. This Ordinance is adopted to
comply with the rules and regulations of the National Flood Insurance Program codified
as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
1335.03 Statement of Purpose. It shall be the purpose of this Section to promote the public health,
safety, and general welfare and minimize those losses described in Section 1335.02 Subd 1.
Ordinance 2010-008
1335.04 Zoning Code. The City of Arden Hill's Zoning Code is adopted by reference and made a
part of this Section as if set out in full.
1335.05 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
Foodway.
1335.06 Lands to Which Regulations Apply. These regulations of this Section 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.
1335.07 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 Section as if
set out here in full. The attached material shall include the Flood Insurance Study for Ramsey
County, Minnesota (All Jurisdictions) and Flood Insurance Rate Map panels therein numbered
27123C0004G, 27123C0005G, 27123CO010G, 27123CO012G, 27123CO016G and 27123C0020G,
all dated June 4, 2010, and prepared by the Federal Emergency Management Agency. The Official
Zoning Map shall be on file in the Office of the City Administrator.
1335.08
1335.18 Interpretation.
Subd. 1 Minimum Standards. In their interpretation and application, these regulations
of this Section 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, the ground elevations that
existed on the site at the time the City adopted its initial floodplain ordinance or on the
date of the first National Flood Insurance Program map showing the 100-year floodplain
if earlier, 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.
1335.19 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 provisions of this Ordinance shall prevail. All other
ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency
only.
Ordinance 2010-008
1335.20 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 the City of Arden Hills or
any officer or employee thereof for any flood damages that result from reliance on this Ordinance
or any administrative decision lawfully made there under.
1335.21 Severability. If any section, clause, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby.
1335.22 Annexations. The Flood Insurance Rate Map panels, adopted by reference into Section
1335.07 above may include floodplain areas that lie outside of the corporate boundaries of the
City of Arden Hills at the time of adoption of this Ordinance. If any of these floodplain land
areas are annexed into the City of Arden Hills after the date of adoption of this Ordinance, the
newly annexed floodplain lands shall be subject to the provisions of this Ordinance immediately
upon the date of annexation into the City of Arden Hills.
1335.23 Establishment of Zoning Districts.
Subd. 1 Floodway District. The floodway District shall include those areas designated
as floodway on the Flood Insurance Rate Map adopted in this Section. For lakes,
wetlands and other basins, the Floodway District shall include those areas designated as
Zone AE (that do not have a floodway designated) and Zone A on the Flood Insurance
Rate Map panels adopted in this Section that are below the ordinary high water level as
defined in Minnesota Statutes, Section 103G.005, subdivision 14.
Subd. 2 Flood Fringe District. The Flood Fringe District shall include those areas
designated as floodway fringe, which shall include the areas shown on the Flood
Insurance Rate Map, adopted in this Section, as being within Zone AE but being located
outside of the floodway. For lakes, wetlands and other basins, the Flood Fringe District
shall include those areas designated as Zone AE (that do not have a floodway designated)
and Zone A on the Flood Insurance Rate Map panels adopted in this Section that are
below the 1 % annual chance flood elevation (100-year flood elevation) but above the
ordinary high water level as defined in Minnesota Statutes, Section 103G.005,
subdivision 14.
Subd. 3 General Flood Plain District. The General Flood Plain District shall include
those areas designated as Zone A and Zone AE (without a floodway designation) on the
FIood Insurance Rate Map adopted in this Section, which are not subject to the criteria in
Subd 1 and Subd 2 above.
1335.24 Compliance with District Regulations. No new structure or land shall be used and no
structure shall be constructed, located, extended, converted, or structurally altered without full
compliance with the terms of this Section and other applicable regulation. Within the Floodway,
Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or
Conditional Uses shall be prohibited. In addition, a caution shall be provided here that:
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Subd. 1 New manufactured homes, replacement manufactured homes and certain
travel trailers and travel vehicles shall be subject to the general provisions of this Zoning
Code.
Subd.2 Modifications, additions, structural alterations, normal maintenance and
repair, or repair after damage to existing nonconforming structures and nonconforming
uses of structures or land are regulated by the general provisions of this Section; and
Subd. 3 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
Section.
1335.25 Floodway 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 Floodway Permitted Uses.
A. The use shall have 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 Conditional Uses. Structures accessory to the uses listed as permitted uses,
and the specific uses listed below:
A. Structures accessory to the uses listed in Section 1335.16.
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B. Extraction and storage of sand, gravel, and other materials.
C. Marinas, boat rentals, docks, piers, wharfs, and water control structures.
D. Railroads, streets, bridges, utility transmission lines, and pipelines.
E. Storage yards for equipment, machinery or materials.
F. Placement of fill or construction fences.
G. Recreational vehicles either on individual lots of record or in existing or
new subdivisions or condominium type campgrounds, subject to the
exemptions and provisions of this Section.
H. 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 10-year frequency
flood event.
Subd. 4 Standards for Floodway Conditional Uses.
A. No structure (temporary or permanent), fill (including fill for roads and
levees), deposit, obstruction, storage of materials or equipment, or other uses
maybe allowed as a conditional use that will cause any increase in the stage
of the one hundred (100) year or regional flood or cause an increase in flood
damages in the reach or reaches affected
B. All floodway conditional uses shall be subject to the procedures and
standards contained in this Section.
C. The conditional 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 terra 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
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the stages of the one hundred (100) year or regional flood but only after
the City has received an appropriate plan which assures the removal of
the materials from the floodway based upon the flood warning time
available. The Conditional Use Permit 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.
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 five hundred (500)
square feet in size at its largest projections, 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:
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.
c. To allow for the equalization of hydrostatic pressure, there must
be a minimum of two "automatic" openings in the outside walls of
the structure having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding. There must
be openings on at least two sides of the structure and the bottom of all
openings must be no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage
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door prior to flooding will not satisfy this requirement for automatic
openings.
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 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, Section I03G. Community -wide structural
works for flood control intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
H. A levee, dike or floodwal 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.
1335.26 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 districts). 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 District 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 five hundred (500) square feet at
its largest projection for the outside dimension at ground level may be
internally flood proofed in accordance with this Section.
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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 conditional 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 Conditional 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 conditional use. An application for a
conditional use shall be subject to the standards and criteria and evaluation procedures
specified in this Section.
Subd. 4 Standards for Flood Fringe Conditional Use
A. Alternative elevation methods other than the use of fill maybe utilized to
elevate a structure's lowest floor above the Regulatory Flood Protection
Elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or
tuck under garages. The base or floor of an enclosed area shall be considered
above -grade and not a structure's basement or lowest floor if:
1. The enclosed area is above -grade on at least one side of the structure;
2. It is designed to internally flood and is constructed with flood
resistant materials; and
3. It is used solely for parking of vehicles, building access or storage.
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:
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a. The minimum area of openings in the walls where internal
flooding is to be used as a flood proofing technique. There shall be
a minimum of two openings on at least two sides of the structure
and the bottom of all openings shall be no higher than one -foot
above grade. The automatic openings shall have a minimum net
area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would suffice.
The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any form of
human intervention; and
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 Section, shall be subject to the following:
1. Residential basement construction shall not be allowed below the
Regulatory Flood Protection Elevation.
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 Section.
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 one thousand (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 shorel and management ordinance. In 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
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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 maybe 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.
Subdo 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 Iimitations 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.
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 and velocity such that when multiplying the depth (in
feet) times velocity (in feet per second) the product number exceeds four (4)
upon occurrence of the regional flood.
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
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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 recreational vehicles are contained in Section 1325.12.
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.
1335.27 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.
B. All other uses shall be subject to the I % annual chance flood (I00-Year
Flood Elevations) and/or Floodway and Flood Fringe determinations criteria
pursuant to Subd 2 below. Section 1335.25 shall apply if the proposed use is
in the Floodway District, and Section 1335.26 shall apply is the proposed use
is in the Flood Fringe District.
Subd.2 Procedures for 1% annual chance (100-Year Flood Elevations) and/or
Floodway and Flood Fringe determinations for streams within the General Flood Plain
District.
A. Upon receipt of an application for a Conditional 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.
I. 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
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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, and
location and elevations of streets.
3. Photographs showing existing land uses and vegetation upstream and
downstream; and soil types; and
4. Profile showing the slope of the bottom of the channel or flow line of
the stream for at least five hundred (500) feet in either direction from the
proposed development.
B. The applicant shall be responsible to submit one (1) 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 6120.5000-6I20.6200 and 44 Code of Federal Regulations Part
65 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 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 City Council. The City Council
shall formally accept the technical evaluation and the recommended
Floodway and/or Flood Fringe District boundary or deny the permit
application. The City Council, prior to official action, may submit the
application and all supporting data and analyses to the Federal Emergency
Management Agency, the Department of Natural Resources or the Planning
Commission for review and comment. Once the Floodway and Flood Fringe
Boundaries have been determined, the City Council shall refer the matter
back to the City Administrator who shall process the permit application
consistent with the applicable provisions of this Section.
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1535.28 Zone A bakes. Procedures for determining I % Q annual chance flood elevations (I 00-YR
flo0 levations) for lakes located in Zone A:
Subd. 1 Upon receipt of an application for a permit or other approval within a Zone A,
the Zoning Administrator will use the I % annual chance flood elevation for that basin
that has previously been determined in accordance with approved FEMA methods, if
available. If the I % annual chance flood elevation has not been previously determined,
the applicant shall be required to furnish all necessary information as deemed necessary
by the Zoning Administrator for the determination for the I % annual chance flood
elevation in accordance with approved FEMA methods.
Subd.2 The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or agency for technical
assistance in determining whether the.proposed use is in the Floodway or Flood Fringe
District and to determine the I % annual chance flood elevation (I 00-year flood
elevation). Procedures consistent with Minnesota Regulations 1953, Parts 6120.5000 -
6120.6200 and 44 Code of Federal Regulations Part 65 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 analysis.
Subd. 3 Once the I % annual chance flood elevation (I 00-year flood elevation) has
been determined, the Zoning Administrator shall process the permit application
consistent with the applicable provisions of this Section.
,A
29 °Subdivisions.
Subd. 1 Review Criteria. No land shall be subdivided which is unsuitable for the
reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All
lots within the flood plain districts shall be able to contain a building site outside of the
Floodway District at or above the Regulatory Flood Protection Elevation. All
subdivisions shall have water and sewage treatment facilities that comply with the
provisions of this Section 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.
Subd. 2 Floodway/Flood Fringe Determinations in the General Flood Plain District. In
the General Flood Plain District applicants shall provide the information required to
determine the one hundred (100) year flood elevation, the Floodway and Flood Fringe
District boundaries and the Regulatory Flood Protection Elevation for the subdivision
site.
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Subd. 3 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 one
hundred (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.
1335.30 Public Utilities, Railroads, Roads, and Bridges.
Subd. 1 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.
Subd. 2 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 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.
Subd. 3 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.
1335.31 Manufactured Homes. The placement of new or replacement manufactured homes in
existing manufactured home parks or on individual lots of record that are located in flood plain
districts will be treated as a new structure and may be placed only if elevated in compliance with
Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is
not provided in accordance with Section 5.51, then replacement manufactured homes will not be
allowed until the property owner(s) develops a flood warning emergency plan acceptable to the
Governing Body.
Subd. 1 New manufactured home parks and expansions to existing manufactured
home parks shall be subject to the provisions placed on subdivisions by this code.
Ordinance 2010-008
Subd.2 i All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not to be limited to, use of over -the -tap or
frame ties to ground anchors. This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
1335.32 Recreational Vehicles.
Subd. 1 Exemption. Recreational vehicles are exempt from the provisions of this
Ordinance if they are placed in any of the areas listed in Section 9.32 below and further
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 recreational vehicle parks and the recreational vehicle has
no permanent structural type additions attached to it.
C. The recreational vehicle and associated use must be permissible in any
pre-existing, underlying zoning use district.
Subd. 2 Areas Exempted For Placement of Recreational Vehicles:
A. Individual lots or parcels of record.
B. Existing commercial recreational vehicle parks or campgrounds.
C. Existing condominium type associations.
Subd. 3 Recreational vehicles exempted in this Section lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition to the
recreational vehicle or exceeding $500 for an accessory structure such as a garage or
storage building. The recreational vehicle and all additions and accessory structures will
then be treated as a new structure and shall be subject to the elevation/flood proofing
requirements and the use of land restrictions specified in Sections 1335.4.0 and 5.0 of
this Ordinance. There shall be no development or improvement on the parcel or
attachment to the recreational vehicle that hinders the removal of the recreational vehicle
to a flood free location should flooding occur.
Subd.4 New commercial recreational vehicle parks or campgrounds and new
residential type subdivisions and condominium associations and the expansion of any
existing similar use exceeding five (5) units or dwelling sites shall be subject to the
following:
A. Any new or replacement recreational vehicle will be allowed in the
Floodway or Flood Fringe Districts provided said recreational vehicle and its
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contents are placed on fill above the regulatory flood protection elevation and
proper elevated road access to the site exists in accordance with Section 5.51
of this Ordinance. No fill placed in the floodway to meet the requirements of
this Section shall increase flood stages of the 100-year or regional flood.
B. All new or replacement recreational vehicles not meeting the criteria of
(a) above may, as an alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions of 10.4 of the
Ordinance. The applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100 year flood. Said plan
shall be prepared by a registered engineer or other qualified individual, shall
demonstrate that adequate time and personnel exist to carry out the
evacuation, and shall demonstrate the provisions of Section 9.31 (a) and (b)
of this Ordinance will be met. All attendant sewage and water facilities for
new or replacement recreational vehicles must be protected or constructed so
as to not be impaired or contaminated during times of flooding in accordance
with Section 83 of this Ordinance.
1335.33 Administration. The City Administrator or other official designated by the City Council
shall administer and enforce this Section. If the City Administrator finds a violation of the provisions
of this Section the City Administrator shall notify the person responsible for the violation in
accordance with the procedures.
Subd. 1 Permit Required. A Permit issued by the City Administrator in conformity
with the provisions of this Section shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or alteration of
any building, structure, or portion thereof; prior to the construction of a dam, fence, or
on -site septic system; prior to the change or extension of a nonconforming use; prior to
the repair of a structure that has been damaged by flood, fire, tornado, or any other
source; and prior to the placement of fill, excavation of materials, or the storage of
materials or equipment within the flood plain.
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 Conditional Use Permit or Variance, the City Administrator shall
determine that the applicant has obtained all necessary State and Federal Permits.
Subd. 4 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use.
It shall be unlawful to use, occupy, or permit the use or occupancy of any building or
premises or part thereof hereafter created, erected, changed, converted, altered, or
enlarged in its use or structure until a certificate of zoning compliance shall have been
Ordinance 2010-008
issued by the Zoning Administrator stating that the use of the building or land conforms
to the requirements of this Ordinance.
Subd. 5 Construction and use to be as provided on applications, plans, permits,
variances and certificates of zoning compliance. Permits, conditional use permits, or
certificates of zoning compliance issued on the basis of approved plans and applications
authorize only the use, arrangement, and construction set forth in such approved plans
and applications, and no other use, arrangement, or construction. Any use, arrangement,
or construction at variance with that authorized shall be deemed a violation of this
Ordinance, and punishable as provided by this Section of this Ordinance.
Subd. 6 Certification. The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the
provisions of this Section. Flood proofing measures shall be certified by a registered
professional engineer or registered architect.
Subd.1 Record of First Floor Elevation. The Zoning Administrator shall maintain a
record of the elevation of the lowest Hoar (including basement) of all new structures and
alterations or additions to existing structures in the flood plain. The Zoning
Administrator shall also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
Subd. 8 Notifications for Watercourse Alterations. The Zoning Administrator shall
notify, in riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the community authorizing any alteration or
relocation of a watercourse. If the applicant has applied for a permit to work in the beds
of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as
adequate notice to the Commissioner of Natural Resources. A copy of said notification
shall also be submitted to the Chicago Regional Office of the Federal Emergency
Management Agency (FEMA).
Subd. 9 Notification to FEMA When Physical Changes Increase or Decrease the 100-
yearFlood Elevation. As soon as is practicable, but not later than six (6) months after the
date such supporting information becomes available, the Zoning Administrator shall
notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said
technical or scientific data.
1335.34 Board of Adjustment.
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 of Adjustment 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 Ordinance.
Ordinance 2010-008
Subd. 3 Variances. The City may authorize in specific cases such relief or variance
from the terms of this section and code in accordance with Section 1355. No variance
shall have the effect of allowing in any district uses that are 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. The
following additional variance criteria of the Federal Emergency Management Agency
must be satisfied:
A. Variances shall not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result.
B. Variances shall only be issued by a community upon (1) a showing of
good and sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and (1*1'1) a
determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
C. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
Subd. 4 Conditional Uses. The City Council shall hear and decide applications for
conditional uses permissible under this Section. Applications shall be submitted to the
City Administrator who shall forward the application to the City Council for
consideration.
Subd. 5 Hearings. Upon filing with the Board of Adjustment of an appeal from a
decision of the City Administrator, or an application for a variance or conditional use
permit, 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. 6 Decisions. The Board shall arrive at a decision on the appeal, variance, or
conditional use permit in accordance with Section 1355. In granting a variance or
conditional use permit the City may prescribe appropriate conditions and safeguards,
which shall be in conformity with the purposes of this Section. Violations of such
conditions and safeguards, when made a part of the terms under which the variance or
conditional use permit is granted, shall be punishable as described in Section 1335.36. A
copy of all decisions granting variances or conditional use permits shall be forwarded by
mail to the Commission of Natural Resources within ten (10) days of the action.
Ordinance 2010-008
Subd. 7 Appeals. Appeals from any decision of the Board may be made, as specified
in the City's Official Controls and also Minnesota Statutes.
Subd. 8 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 $25.04 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. A community shall maintain a record of all variance
actions, including justification for their issuance, and report such variances
issued in its annual or biennial report submitted to the Administrator of the
National Flood Insurance Program.
Subd. 9 Procedures to be Followed by the City Council in Passing on Conditional Use
Permit Applications within all Flood Plain Districts:
C. 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.
D. Transmit one copy of the information described 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.
E. 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. 10 Factors upon Which the Decision of the City Council shall be based. In
passing upon conditional use applications, the City Council shall consider all relevant
factors specified in this Section, and:
Ordinance 2010-008
A. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
B. The danger that materials may be swept onto other lands or downstream
to the injury of others or they may block bridges, culverts or other hydraulic
structures.
C. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions.
D. The susceptibility of the proposed 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 Section.
Subd. 11 Time for Acting on Application. The City Council shall act on an application
in the manner described above in accordance with Section 1355.
Subd. 12 Conditions Attached to Conditional Use Permits. Upon consideration of the
factors listed above and the purpose of this Section, the City Council shall attach such
conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the
purposes of this Section. 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.
Ordinance 2010-008
C. Imposition of operational controls, sureties, and deed restrictions.
D. Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
E. Flood proofing measures, in accordance with the State Building Code and
this Section. 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.
1335.35 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 Section shall be subject to the following. Historic structures, as defined in Section
1305.04, Subd. 182, shall be subject to the provisions of Subds. 1 thru 5 of this Section
Subd. 1 No such use shall be expanded, changed, enlarged, or altered in a way that
increases its nonconformity.
Subd.2 Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage potential of that
structure or use shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru
FP-4 floodproof ng classif cations) allowable in the State Building Code, except as
further restricted in Subd 3 and Subd 5 below.
Subd. 3 The cost of all structural alterations or additions to any nonconforming
structure over the life of the structure shall not exceed 50 percent of the market value of
the structure unless the conditions of this Section are satisfied. The cost of all structural
alterations and additions must include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the cost of all previous and proposed
alterations and additions exceeds 50 percent of the market value of the structure, then the
structure must meet the standards of Sections 1335.25 and 1335.26 of this Ordinance for
new structures depending upon whether the structure is in the Floodway or Flood Fringe
District, respectively.
Subd. 4 If any nonconforming use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this Ordinance. The Assessor shall
notify the Zoning Administrator in writing of instances of nonconforming uses that have
been discontinued for a period of 12 months.
Subd. 5 If any nonconforming use or structure is substantially damaged, as defined in
this Ordinance, it shall not be reconstructed except in conformity with the provisions of
this Ordinance. The applicable provisions for establishing new uses or new structures in
Sections 13 3 5.2 5, 1335.267 and 1335.27 will apply depending upon whether the use or
structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.
Ordinance 2 010-008
Subd. 6 If a substantial improvement occurs, as defined in this Ordinance, from any
combination of a building addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions
of an existing nonconforming building, then the building addition and the existing
nonconforming building must meet the requirements of Sections 1335.25 and 1335.26 of
this Ordinance for new structures, depending upon whether the structure is in the
Floodway or Flood Fringe District, respectively.
1335.36 Enforcement and Penalties for Violation.
Subd. 1 Misdemeanor. Violation of the provisions of this Ordinance or failure to
comply with any of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses) shall constitute a
misdemeanor and shall be punishable as defined by state law.
Subd. 2 Other Remedies. Nothing contained 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 Code 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 Code violations to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
B. When a Code 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 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 Section 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:
Ordinance 2010-008
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 Section 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 Section.
1335.37 Amendments.
Subd. 1 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 regulatory flood
protection elevation and is contiguous to lands outside the flood plain. Special exceptions
to this rule may be permitted by the Commissioner of Natural Resources if he or she
determines that, through other measures, lands are adequately protected for the intended
use.
Agency Approval. All amendments to this Section, 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 Section and the notice shall include a draft of the Section
amendment or technical study under consideration.
Ordinance 2010-008
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 261h day of April,
2010.
PRAN HOLMES, ACTING MAYOR
ATTEST:
A0
SL7SAN IVERSON
ACTING CITY ADMINISTRATOR
Publication Date.- May 5, 2010