HomeMy WebLinkAbout2015-11-02 P & Z Packet PLANNING AND ZONING COMMISSION
cr,a, teryiffe MEETING AGENDA
Tuesday, November 2, 2015
6:30 p.m. IF YOU ARE UNABLE TO
I. CALL TO ORDER MAKE THIS MEETING,
1. Roll Call PLEASE LET US KNOW AS
SOON AS POSSIBLE. THANK
II. APPEARANCES/PRESENTATION(S) YOU!
III. PUBLIC HEARING(S)
1. City Code, Chapter 156, Subdivision 156.166—Parking Requirements (Other Industrial or
Warehouse)
2. City Code, Chapter 155, Flood Damage Prevention
IV. OLD BUSINESS
1. Master Plan & Development Guidelines for Downtown Centerville/M-1 & M-2 Mixed Use
Zoning Districts
V. NEW BUSINESS
1. Recommendation to Council to Amend City Code, Chapter 156, Subdivision 156.166—
Parking Requirements (Other Industrial or Warehouse)
2. Recommendation to Council to Amend City Code, Chapter 155, Flood Damage Prevention
3. Rush Line (Pre-Project Development Study)
4. Discussion on City Policy for Municipal Lighted Board @ City Hall
5. Acceptance of Resignation of Commissioner Member James Flint
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. September 1, 2015 Planning& Zoning Commission Meeting Minutes
2. October 6, 2015 Planning& Zoning Commission Meeting Minutes
VIII. ADJOURNMENT
Planning &Zoning Commission Meeting—December 1, 2015, 6:30 p.m. (Council Chambers)
Parks & Recreation Committee Meeting— December 2, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting— November 11, 2015, 6:30 p.m. (Council Chambers)
City Council Meeting—December 9, 2015, 6:30 p.m. (Council Chambers)
CITY OF CENTERVILLE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of Centerville Planning&Zoning
Commission is holding a public hearing October 6,2015, 2015 AT 6:30 P.M.
to obtain pubic input regarding the possibility of amending City Code, Chapter 156.166
(Parking Requirements), decreasing Other industrial or warehousing requirements from
2/1,000 square feet gross floor area to something less. The meeting will take place in
Council Chambers located at 1880 Main Street,Centerville, Minnesota 55038.
You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651)
429-8629 if you need additional information. If you desire, you may email:
mericson(¢ervillemn.com or tbender(¢ervillemn.com with questions or concerns.
This notice is also available on the City's web site: www.centervillemn.com.
Published in Quad Community Press on September 22,2015
Teresa Bender,CMC
City Clerk
Warehouse Parking Requirements
Municipality Required Stalls per 1000 SF of Warehouse
Centerville 2.0
Lino Lakes 0.5
Blaine 0.5
Columbus 0.5
Forest Lake 0.5
Hugo 0.67
White Bear Township 1.0
White Bear Lake 1.0
(e) Temporary storage of materials and equipment during construction and landscaping;and
(f) Lakeshore properties can store the following items of personal property within 50 feet of
the shoreline during the months from September to May: docks,boat lifts, swim rafts,
slides and other swimming equipment.
(2) CommerciaUindusirial districts. Storage of products,materials and equipment,excluding
rubbish or junk,which is necessary to an approved business operation in a commercial or
industrial district, and which is completely screened from adjoining properties and rights-of-way.
The site plan review process is required to determine the appropriateness for storage permitted in
the section,surfacing required for the storage area and the screening required.
§§ 156.145 THROUGH 156.154 RESERVED FOR FUTURE USE.
§ 156.155 WOODLANDS PRESERVATION.
In residential areas,structures shall be located in a manner that the maximum number of woodlands
shall be preserved. If large numbers of trees are cut in residential areas,trees shall be replanted in a density and
manner satisfactory to the City Council. Clear cutting of woodlands for nonagricultural purposes is prohibited,
unless the action involves a utility or roadway,required by the public,and includes a reforestation plan required
by the City Council.
§§ 156.156 THROUGH 156.165 RESERVED FOR FUTURE USE.
§ 156.166 PARKING REQUIREMENTS.
(A)Requiremenis in general. The following table illustrates the minimum number of parking spaces
required for various uses permitted in the city. The city may modify minimum parking requirements in
the M-1 District, as part of the planned unit development approval process, if it is determined that the
use is consistent with the purpose of the district and that parking is determined by the City to be
sufficient to accommodate the use.
Uses Minimum Parking Required
Residential 2/dwelling unit
Churches 1/3 seats in largest assembly room
Schools 1/classroom plus 1/3 seats in largest assembly
Theaters 1/3 seats
Restaurants 1/3 seats
Offices 5/1,000 sq.ft. gross floor space
364 1 P age
Retail 6/1,000 sq.ft.gross floor area
Convenience stores 7/1,000 sq.ft. gross floor area
General services 4/1,000 sq.ft.gross floor area
Trade businesses 3/1,000 sq.ft.gross floor area
Manufacturing 3/1,000 sq.ft. gross floor area
Other industrial or warehousing 2/1,000 sq.ft.gross floor area
Car washes 5/staffing per bay
Drive-up restaurants 5 stacking plus 1/3 seats
(B)O -street parking. When a building or structure is enlarged,additional off-street parking shall be
required only with respect to the additional usable floor area.
(C)Change in the Use of a Building or Structure. An off-street parking area shall not be changed to any
other use until equal off-sired parking is provided elsewhere. No parking area used or designated in
connection with a building or structure in existence on the effective date of this chapter shall be reduced
to provide fewer than the minimum number of parking spaces required under this chapter.
(D)Off street parking and loading zones. No building or structure shall be hereafter erected,substantially
altered or its use changed unless off-street parking and loading spaces have been provided in accordance
with the provisions of this chapter. The member of off-street parking spaces provided shall be at least
the minimum number provided in the schedule contained in this section.
(E)Notwithstanding the minimum number of parking spaces as defined by this section,a conditional use
permit may be granted to provide fewer parking spaces when it is clearly demonstrated by the applicant
that the use will not require the number of spaces indicated.In the event a conditional use permit is
granted, a condition may be imposed to require that the land normally dedicated to parking shall be held
in a landscaped reserve that can be used for parking in the event the use or parking needs should change.
A landscape reserve should equal the amount of land necessary to support the number of parking spaces
required to serve any more restrictive parking use of the building or structure permitted by the applicable
zoning district and building codes.
(F)Parking spaces may be located on a lot other than that containing the principal use,subject to issuance of
a conditional use permit.
(G)Of-street loading. A loading space shall have minimum dimensions of not less than 12 feet in width„50
feet in length,exclusive of driveways,aisles and other circulation areas. One off-street loading space
shall be provided and maintained on the same lot for each commercial and industrial use requiring
regular delivery of goods and having a modified gross floor area of more than 10,000 square feet. One
loading space shall be provided for each additional 25,000 square feet or fraction thereof. No off-street
loading space shall be located in any required yard adjoining any residential use.Required off-street
loading space shall not be included as off-street parking space in computing required off-street parking
space. Vehicles utilizing this loading space shall not project into the public right-of-way.
365 1 P a g e
CITY OF CENTERVILLE
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of
Centerville, Minnesota will be meeting and consider resident input regarding proposed
City Code amendment to Chapter 155: Flood Damage Prevention as required by FEMA
associated with map revisions on November 2, 2015 in City Hall Council Chambers
located at 1880 Main Street, Centerville, Minnesota 55038 commencing at 6:30 p.m. or
shortly thereafter.
The City Hall is ADA accessible. Requests for hearing assisted devices or a sign
language interpreter must be received before 4:00 p.m., October 30, 2015. All persons
interested are invited to attend and to be heard, verbally or in writing. You may call City
Hall at (651) 429-3232 if you have any questions or wish to obtain a copy of the
complete text of this Chapter. Complete text of the current Chapter and proposed
Chapter may be obtained from City Hall or on the City's Web Site.
Teresa Bender, CMC
Published in the Quad Community Press November 24, 2015
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Stantec
September 21,2015
File:193803123
Attention: Mike Ericson
188o Main Street
Centerville,MN 55038
Dear Mike,
Reference:Flood Insurance Rate Map(FIRM)Update
This letter is to outline the process the city will need to undertake in response to the update of its Flood
Insurance Rate Map (FIRM). Over a year ago, former administrator, Dallas Larson, worked with the Rice
Creek Watershed District(RCWD)and their consultant to provide the Federal Emergency Management
Agency(FEMA)with information the RCWD had already gathered on Clearwater Creek(Anoka County Ditch
#3). This information, being more detailed than what previous FEMA maps were based on, allowed a more
accurate analysis of the floodplain and, in the end,a reduction in the flood elevation through much of the
corridor. As such,a new FIRM is in the lengthy process of being issued. Paired with that re-issuance, is
the requirement for the city to update their Floodplain Management Ordinance. This ordinance is in place
as required by federal regulation in order to participate in the National Flood Insurance Plan (NFIP). The
NFIP allows residents in your community to purchase below-market-rate flood insurance. Without the city's
participation in this program, flood insurance could be cost prohibitive.
In Minnesota, the Department of Natural Resources(DNR) assists cities in compliance with the federal
regulations by supplying sample ordinances which incorporate their provisions. Minnesota DNR officials
have taken the time to review the city's existing ordinances, but found them to be out of date to the point
where the simplest method of compliance will be a complete replacement of the ordinance with a new one.
Attached to this letter is the DNR's suggested ordinance. Their staff has made some minor modifications to
fit Centerville's needs. The planning commission should review this sample ordinance, along with the
guidance document which shows which parts of the ordinance can and cannot be modified.
If the planning commission has major modifications they would like to see, we should send those back to
the DNR for review. If not, the necessary public hearings and publications should be scheduled in order to
adopt the new ordinance. The deadline for adoption and submission of these new ordinances to FEMA is
December 16, 2015.
Design with community in mind
kvi
September 21,2015
Mike Ericson
Page 2 of 2
Reference: Flood Insurance Rate Map(FIRM)Update
Regards,
Stantec Consulting Services,Inc.
'00%�
Mark Statz,PE
City Engineer
Phone:651-604-4709
mark.statz@stantec.com
Attachment: Sample Ordinance
c. Brian Hare,Lee Mann—Stantec
Paul Palzer—Public Works Director
sm document2
Design with community in mind
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MNDNR Minnesota Sample Floodplain Ordinance
Three District Ordinance
This sample ordinance includes the three primary types of floodplain districts:Floodway,Flood
Fringe,and General Floodplain.It can be used in a variety of situations, where all three districts or
only some of them are present.
Contents
Section 1.0 Statutory Authorization, Findings of Fact and Purpose
1.1 Statutory Authorization
1.2 Purpose
Section 2.0 General Provisions
2.1 How to Use This Ordinance
2.2 Lands to Which Ordinance Applies
2.3 Incorporation of Maps by Reference
2.4 Regulatory Flood Protection Elevation
2.5 Interpretation
2.6 Abrogation and Greater Restrictions
2.7 Warning and Disclaimer of Liability
2.8 Severability
2.9 Definitions
2.10 Annexations/Detachments
Section 3.0 Establishment of Zoning Districts
3.1 Districts
3.2 Compliance
Section 4.0 Floodway District
4.1 Permitted Uses
4.2 Standards for Floodway Permitted Uses
4.3 Conditional Uses
4.4 Standards for Floodway Conditional Uses
Section 5.0 Flood Fringe District
5.1 Permitted Uses
5.2 Standards for Flood Fringe Permitted Uses
5.3 Conditional Uses
5.4 Standards for Flood Fringe Conditional Uses
Section 6.0 General Floodplain District
6.1 Permitted Uses
6.2 Procedures for Floodway and Flood Fringe Determinations
Section 7.0 Land Development Standards
Anoka County-Centerville-August 2015
7.1 In General
7.2 Subdivisions
7.3 Building Sites
Section 8.0 Public Utilities, Railroads, Roads,and Bridges
8.1 Public Utilities
8.2 Public Transportation Facilities
8.3 On-site Water Supply and Sewage Treatment Systems
Section 9.0 Manufactured Homes, Manufactured Home Parks and Recreational Vehicles
9.1 Manufactured Homes
9.2 Recreational Vehicles
Section 10.0 Administration
10.1 Zoning Administrator
10.2 Permit Requirements
10.3 Variances
10.4 Conditional Uses
Section 11.0 Nonconformities
11.1 Continuance of Nonconformities
Section 12.0 Penalties and Enforcement
12.1 Violation Constitutes a Misdemeanor
12.2 Other Lawful Action
12.3 Enforcement
Section 13.0 Amendments
13.1 Floodplain Designation—Restrictions on Removal
13.2 Amendments Require DNR Approval
13.3 Map Revisions Require Ordinance Amendments
Anoka County—Centerville—August 2015
SECTION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE
1.1 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 Centerville,Minnesota,
does ordain as follows.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Centerville, Minnesota.
These flood hazard areas are subject to periodic inundation,which may result in loss of life
and property, health and safety hazards,disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,and impairment of the tax
base. It is the purpose of this ordinance to promote the public health,safety,and general
welfare by minimizing these losses and disruptions.
1.22 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.
1.23 This ordinance is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,improve
water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational
opportunities, provide aesthetic benefits and enhance community and economic
development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to Centerville
and includes three floodplain districts: Floodway, Flood Fringe,and General Floodplain.
2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps,the
standards in Sections 4 or 5 will apply,depending on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain
maps are considered to fall within the General Floodplain district.Within the General
Floodplain district,the Floodway District standards in Section 4 apply unless the floodway
boundary is determined,according to the process outlined in Section 6.Once the floodway
boundary is determined,the Flood Fringe District standards in Section 5 may apply outside
the floodway.
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the
City of Centerville shown on the Official Zoning Map and/or the attachments to the map as being
located within the boundaries of the Floodway, Flood Fringe,or General Floodplain Districts.
2.21 The Floodway,Flood Fringe and General Floodplain Districts are overlay districts that are
superimposed on all existing zoning districts.The standards imposed in the overlay districts
are in addition to any other requirements in this ordinance. In case of a conflict,the more
restrictive standards will apply.
2.3 Incorporation of Maps by Reference: The following maps together with all attached material are
hereby adopted by reference and declared to be a part of the Official Zoning Map and this
ordinance. The attached material includes the Flood Insurance Study for Anoka County, Minnesota,
and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below,all dated
August 2015 1
December 16, 2015 and all prepared by the Federal Emergency Management Agency. These
materials are on file in the(Office of the City Administrator?I
• 270030365E
• 270030366E
• 270030370E
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE)is defined
as follows:
2.41 Within a residential zoning district,an elevation no lower than two feet above the elevation
of the regional flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
2.42 Within all other zoning districts,an elevation no lower than one foot above the elevation of
the regional flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the
Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map
and actual field conditions,the flood elevations shall be the governing factor.The Zoning
Administrator must interpret the boundary location based on the ground elevations that
existed on the site on the date of the first National Flood Insurance Program map showing
the area within the regulatory floodplain,and other available technical data.
2.52 Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Board of Adjustment and to submit technical
evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,abrogate,or
impair any existing easements,covenants,or other private agreements. However,where this
ordinance imposes greater restrictions,the provisions of this ordinance prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain
districts or land uses permitted within such districts will be free from flooding or flood damages.
This ordinance does not create liability on the part of the City of Centerville or its officers or
employees for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
2.8 Severability: If any section,clause, provision,or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law,the remainder of this ordinance shall not be affected
and shall remain in full force.
2.9 Definitions: Unless specifically defined below,words or phrases used in this ordinance must be
interpreted according to common usage and so as to give this ordinance its most reasonable
application.
2.911 Accessory Use or Structure—a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to,the principal use or structure.
2.912 Base Flood Elevation—The elevation of the"regional flood."The term "base flood elevation"
is used in the flood insurance survey.
August 2015 2
2.913 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.
2.914 Conditional Use—a specific type of structure or land use listed in the official control that may
be allowed but only after an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a finding
that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
2.915 Critical Facilities—facilities necessary to a community's public health and safety,those that
store or produce highly volatile,toxic or water-reactive materials,and those that house
occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical
facilities include hospitals,correctional facilities,schools,daycare facilities, nursing homes,
fire and police stations,wastewater treatment facilities,public electric utilities,water plants,
fuel storage facilities,and waste handling and storage facilities.
2.916 Development—any manmade change to improved or unimproved real estate, including
buildings or other structures, mining,dredging,filling,grading, paving,excavation or drilling
operations,or storage of equipment or materials.
2.917 Equal Degree of Encroachment—a method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
2.918 Farm Fence—A fence as defined by Minn.Statutes Section 344.02,Subd. 1(a)-(d).An open
type fence of posts and wire is not considered to be a structure under this ordinance. Fences
that have the potential to obstruct flood flows,such as chain link fences and rigid walls,are
regulated as structures under this ordinance.
2.919 Flood—a temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that results in the inundation of normally dry areas.
2.920 Flood Frequency—the frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
2.921 Flood Fringe—that portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka
County, Minnesota.
2.922 Flood Prone Area—any land susceptible to being inundated by water from any source(see
"Flood").
2.923 Floodplain—the beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood.
2.924 Floodproofing—a combination of structural provisions,changes,or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages.
2.925 Floodway—the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the
regional flood discharge.
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2.926 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.
2.927 Manufactured Home—a structure,transportable in one or more sections,which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home"does not include the term
"recreational vehicle."
2.928 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 floodplain 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.
2.929 One Hundred Year Floodplain—lands inundated by the "Regional Flood"(see definition).
2.930 Principal Use or Structure—all uses or structures that are not accessory uses or structures.
2.931 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.
2.932 Recreational Vehicle—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 this ordinance,the term recreational vehicle is
synonymous with the term "travel trailer/travel vehicle."
2.933 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 1%chance or 100-year recurrence interval.
Regional flood is synonymous with the term "base flood" used in a flood insurance study.
2.934 Regulatory Flood Protection Elevation (RFPE)-an elevation not less than one foot above the
elevation of the regional flood plus any increases in flood elevation caused by encroachments
on the floodplain that result from designation of a floodway.
2.935 Repetitive Loss:Flood related damages sustained by a structure on two separate occasions
during a ten year period for which the cost of repairs at the time of each such flood event on
the average equals or exceeds 25%of the market value of the structure before the damage
occurred.
2.936 Special Flood Hazard Area—a term used for flood insurance purposes synonymous with
"One Hundred Year Floodplain."
2.937 Structure-anything constructed or erected on the ground or attached to the ground or on-
site utilities, including, but not limited to, buildings,factories,sheds, detached garages,
cabins, manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Section 9.22 of this ordinance and other similar items.
2.938 Substantial Damage-means 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.
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2.939 Substantial Improvement-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 a"historic structure," provided that the alteration will not preclude the
structure's continued designation as a"historic structure." For the purpose of this
ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.
2.10.Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above
may include floodplain areas that lie outside of the corporate boundaries of the City of Centerville at
the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the
City after the date of adoption of this ordinance,the newly annexed floodplain lands will be subject
to the provisions of this ordinance immediately upon the date of annexation.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts:
3.11 Floodway District. The Floodway District includes those areas designated as floodway on the
Flood Insurance Rate Map adopted in Section 2.3. For lakes,wetlands and other basins,the
Floodway District includes those areas designated as Zone A and Zone AE without a floodway
on the Flood Insurance Rate Map that are at or below the ordinary high water level as
defined in Minnesota Statutes,Section 103G.005,subdivision 14.
3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as floodway
fringe on the Flood Insurance Rate Map adopted in Section 2.3,as being within Zone AE but
being located outside of the floodway. For lakes,wetlands and other basins(that do not
have a floodway designated),the Flood Fringe District includes those areas designated as
Zone AE on the Flood Insurance Rate Map panels adopted in Section 2.3 that are below the
1%annual chance (100-year)flood elevation but above the ordinary high water level as
defined in Minnesota Statutes,Section 103G.005,subdivision 14.
3.13 General Floodplain District. The General Floodplain District includes those areas designated
as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in
Section 2.3, but not subject to the criteria in sections 3.11 and 3.12 above.
3.2 Compliance: Within the floodplain districts established in this ordinance,the use of any land,the
use,size,type and location of structures on lots,the installation and maintenance of transportation,
utility,water supply and waste treatment facilities,and the subdivision of land must comply with the
terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or
conditional uses in Sections 4.0, 5.0 and 6.0, respectively,are prohibited.
In addition,a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational vehicles are subject to
the general provisions of this ordinance and specifically Section 9.0.
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3.22 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 ordinance and specifically Section 11.0.
3.23 All structures must be constructed with electrical, heating,ventilation,plumbing,and air
conditioning equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during conditions of
flooding.
3.24 As-built elevations for elevated or floodproofed structures must be certified by ground
surveys and flood-proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this ordinance and
specifically as stated in Section 10.0 of this ordinance.
3.25 Critical facilities,as defined in Section 2.915,are prohibited in all floodplain districts.
SECTION 4.0 FLOODWAY DISTRICT(FW)
4.1 Permitted Uses: The following uses,subject to the standards set forth in Section 4.2,are permitted
uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
4.11 General farming, pasture,grazing,outdoor plant nurseries, horticulture,truck farming,
forestry,sod farming, and wild crop harvesting.
4.12 Industrial-commercial loading areas, parking areas,and airport landing strips.
4.13 Open space uses, including but not limited to 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, hunting and
fishing areas,and single or multiple purpose recreational trails.
4.14 Residential lawns,gardens, parking areas,and play areas.
4.15 Railroads,streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources'Area Hydrologist is notified at least ten days prior to
issuance of any permit,and that the standards in Sections 4.41,4.43(a)and 4.46 of this
ordinance are met.
4.2 Standards for Floodway Permitted Uses:
4.21 The use must have a low flood damage potential.
4.22 With the exception of the uses listed in Section 4.15,the use must not obstruct flood flows or
increase flood elevations and must not involve structures,fill,obstructions,excavations or
storage of materials or equipment.
4.23 Any facility that will be used by employees or the general public must be designed with a
flood warning system that provides adequate time for evacuation if the area is inundated to a
depth and velocity such that the depth (in feet) multiplied by the velocity(in feet per second)
would exceed a product of four upon occurrence of the regional (1%chance)flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards
and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set
forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay
district.
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32-4.37 below.
August 2015 6
4.32 Extraction and storage of sand,gravel,and other materials.
4.33 Marinas, boat rentals,docks, piers,wharves,and water control structures.
4.34 Storage yards for equipment, machinery,or materials.
4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined
in section 2.918,are permitted uses.
4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3.
4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or
less than the 10-year frequency flood event.
4.4 Standards for Floodway Conditional Uses:
4.41 All Uses. A conditional use must not cause any increase in the stage of the 1%chance or
regional flood or cause an increase in flood damages in the reach or reaches affected.
4.42 Fill;Storage of Materials and Equipment:
(a) The storage or processing of materials that are,in time of flooding,flammable,explosive,
or potentially injurious to human,animal,or plant life is prohibited.
(b) Fill,dredge spoil,and other similar materials deposited or stored in the floodplain must
be protected from erosion by vegetative cover, mulching, riprap or other acceptable
method. Permanent sand and gravel operations and similar uses must be covered by a
long-term site development plan.
(c) Temporary placement of fill,other materials,or equipment which would cause an
increase to the stage of the 1%percent chance or regional flood may only be allowed if
the City Council has approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation.
(b) Accessory structures, if permitted, must be constructed and placed on the building site so
as to offer the minimum obstruction to the flow of flood waters:
(1) Whenever possible,structures must be constructed with the longitudinal axis parallel
to the direction of flood flow;and
(2) So far as practicable,structures must be placed approximately on the same flood flow
lines as those of adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry floodproofed in
accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code.
All floodproofed accessory structures must meet the following additional standards:
(1) The structure must be adequately anchored to prevent flotation,collapse or lateral
movement and designed to equalize hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in the structure must be elevated to or above
the regulatory flood protection elevation or properly floodproofed.
(d) As an alternative,an accessory structure maybe internally/wet floodproofed to the FP-3
or FP-4 floodproofing classifications in the State Building Code, provided the accessory
structure constitutes a minimal investment and does not exceed 576 square feet in size. A
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detached garage may only be used for parking of vehicles and limited storage. All
structures must meet the following standards:
(1) To allow for the equalization of hydrostatic pressure,there must be a minimum of
two"automatic"openings in the outside walls of the structure,with a total net area
of not less than one square inch for every square foot of enclosed area subject to
flooding;and
(2) There must be openings on at least two sides of the structure and the bottom of all
openings must be no higher than one foot above the lowest adjacent grade to the
structure. Using human intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course,current or cross section of
protected wetlands or public waters are subject to the provisions of Minnesota Statutes,
Section 103G.245.
4.45 A levee,dike or floodwall constructed in the floodway must not cause an increase to the 1%
chance or regional flood.The technical analysis must assume equal conveyance or storage
loss on both sides of a stream.
4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT(FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying
zoning district(s)that comply with the standards in Sections 5.2. If no pre-existing, underlying zoning
districts exist,then any residential or nonresidential structure or use of a structure or land is a
permitted use provided it does not constitute a public nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor,
as defined, is at or above the regulatory flood protection elevation. The finished fill elevation
for structures must be no lower than one foot below the regulatory flood protection elevation
and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the
structure.
(a) All service utilities, including ductwork, must be elevated or water-tight to prevent
infiltration of floodwaters.
(b) As an alternative to elevation on fill,an accessory structure that constitutes a minimal
investment and that does not exceed 576 square feet in size may be internally
floodproofed in accordance with Section 4.43.
5.22 The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic
yards, unless the fill is specifically intended to elevate a structure in accordance with Section
5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below.
5.23 The storage of any materials or equipment must be elevated on fill to the regulatory flood
protection elevation.
5.24 The storage or processing of materials that are, in time of flooding,flammable, explosive,or
potentially injurious to human,animal,or plant life is prohibited.
5.25 Fill must be properly compacted and the slopes must be properly protected by the use of
riprap,vegetative cover or other acceptable method.
August 2015 8
5.26 All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation,or must have a flood warning
/emergency evacuation plan acceptable to the City Council.
5.27 Accessory uses such as yards, railroad tracks,and parking lots may be at an elevation lower
than the regulatory flood protection elevation. However,any facilities used by employees or
the general public must be designed with a flood warning system that provides adequate time
for evacuation if the area is inundated to a depth and velocity such that the depth(in feet)
multiplied by the velocity(in feet per second)would exceed a product of four upon
occurrence of the regional(1%chance)flood.
5.28 Interference with normal manufacturing/industrial plant operations must be minimized,
especially along streams having protracted flood durations. In considering permit
applications,due consideration must be given to the needs of industries with operations that
require a floodplain location.
5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this
ordinance.
5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses,if allowed in
the underlying zoning district(s)or any applicable overlay district,following the procedures in
Section 10.4 of this ordinance. Conditional uses must meet the standards in Sections 5.24 through
5.30 and Section 5.4.
5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section 5.21 of
this ordinance.
5.32 Storage of any material or equipment below the regulatory flood protection elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used
to elevate a structure in accordance with Section 5.21 of this ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
5.42 Basements,as defined by Section 2.913 of this ordinance,are subject to the following:
(a) Residential basement construction is not allowed below the regulatory flood protection
elevation.
(b) Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance with
Section 5.44 of this ordinance.
5.43 All areas of nonresidential structures, including basements,to be placed below the regulatory
flood protection elevation must be floodproofed in accordance with the structurally dry
floodproofing classifications in the State Building Code. Structurally dry floodproofing must
meet the FP-1 or FP-2 floodproofing classification in the State Building Code,which requires
making the structure watertight with the walls substantially impermeable to the passage of
water and with structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4
classification are not permitted.
August 2015 9
5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel
(other than for the purpose of elevating a structure to the regulatory flood protection
elevation) must comply with an approved erosion/sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood
event at a minimum of the regional(1%chance)flood event.
(b) The plan must be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the City Council.
(c) The plan may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
5.45 Storage of materials and equipment below the regulatory flood protection elevation must
comply with an approved emergency plan providing for removal of such materials within the
time available after a flood warning.
5.46 Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These alternative
methods may include the use of stilts, pilings, parallel walls,etc.,or above-grade,enclosed
areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall
be considered above-grade and not a structure's basement or lowest floor if: 1)the enclosed
area is above-grade on at least one side of the structure;2) it is designed to internally flood
and is constructed with flood resistant materials;and 3) it is used solely for parking of
vehicles, building access or storage.The above-noted alternative elevation methods are
subject to the following additional standards:
(a) Design and Certification-The structure's design and as-built condition must be certified
by a registered professional engineer or architect as being in compliance with the
general design standards of the State Building Code and,specifically,that all electrical,
heating,ventilation, plumbing and air conditioning equipment and other service
facilities must be at or above the regulatory flood protection elevation or be designed to
prevent flood water from entering or accumulating within these components during
times of flooding.
(b) Specific Standards for Above-grade, Enclosed Areas-Above-grade,fully enclosed areas
such as crawl spaces or tuck under garages must be designed to internally flood and the
design plans must stipulate:
(1)The minimum area of openings in the walls where internal flooding is to be used as a
floodproofing technique. There shall be a minimum of two openings on at least two
sides of the structure and the bottom of all openings shall be no higher than one foot
above grade. The automatic openings shall have a minimum net area of not less than
one square inch for every square foot of enclosed area subject to flooding unless a
registered professional engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens, louvers,valves,or
other coverings or devices provided that they permit the automatic entry and exit of
flood waters without any form of human intervention;and
(2)That the enclosed area will be designed of flood resistant materials in accordance
with the FP-3 or FP-4 classifications in the State Building Code and shall be used
solely for building access, parking of vehicles or storage.
August 2015 10
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT(GF)
6.1 Permitted Uses:
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses,are
permitted uses.
6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section
6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway
District.Section 5.0 applies if the proposed use is determined to be in the Flood Fringe
District.
6.2 Procedures for Floodway and Flood Fringe Determinations:
6.21 Upon receipt of an application for a permit or other approval within the General Floodplain
District,the Zoning Administrator must obtain, review and reasonably utilize any regional
flood elevation and floodway data available from a federal,state,or other source.
6.22 If regional flood elevation and floodway data are not readily available,the applicant must
furnish additional information, as needed,to determine the regulatory flood protection
elevation and whether the proposed use would fall within the Floodway or Flood Fringe
District. Information must be consistent with accepted hydrological and hydraulic engineering
standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the following components, as
applicable:
(a) Estimate the peak discharge of the regional(1%chance)flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis
of the stream channel and overbank areas.
(c) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than one-half(0.5)foot. A lesser stage increase than 0.5 foot is
required if,as a result of the stage increase,increased flood damages would result. An
equal degree of encroachment on both sides of the stream within the reach must be
assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and assess the technical
evaluation and the recommended Floodway and/or Flood Fringe District boundary.The
assessment must include the cumulative effects of previous floodway encroachments. The
Zoning Administrator may seek technical assistance from a designated engineer or other
expert person or agency, including the Department of Natural Resources. Based on this
assessment,the Zoning Administrator may approve or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been determined,the Zoning
Administrator must process the permit application consistent with the applicable provisions
of Section 4.0 and 5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain
districts,the requirements of this section apply to all land within the City of Centerville.
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate
drainage,water supply or sewage treatment facilities. Manufactured home parks and recreational
vehicle parks or campgrounds are considered subdivisions under this ordinance.
August 2015 11
7.21 All lots within the floodplain districts must be able to contain a building site outside of the
Floodway District at or above the regulatory flood protection elevation.
7.22 All subdivisions must have road access both to the subdivision and to the individual building
sites no lower than two feet below the regulatory flood protection elevation, unless a flood
warning emergency plan for the safe evacuation of all vehicles and people during the regional
(1%chance)flood has been approved by the City Council. The plan must be prepared by a
registered engineer or other qualified individual,and must demonstrate that adequate time
and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain,the Floodway and Flood Fringe District boundaries,the
regulatory flood protection elevation and the required elevation of all access roads must be
clearly labeled on all required subdivision drawings and platting documents.
7.24 In the General Floodplain District,applicants must provide the information required in Section
6.2 of this ordinance to determine the regional flood elevation,the Floodway and Flood
Fringe District boundaries and the regulatory flood protection elevation for the subdivision
site.
7.25 If a subdivision proposal or other proposed new development is in a flood prone area,any
such proposal must be reviewed to assure that:
(a) All such proposals are consistent with the need to minimize flood damage within the
flood prone area,
(b) All public utilities and facilities, such as sewer,gas,electrical,and water systems are
located and constructed to minimize or eliminate flood damage,and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites: If a proposed building site is in a flood prone area, all new construction and
substantial improvements(including the placement of manufactured homes) must be:
(a) Designed(or modified)and adequately anchored to prevent floatation, collapse,or lateral
movement of the structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
(b) Constructed with materials and utility equipment resistant to flood damage;
(c) Constructed by methods and practices that minimize flood damage;and
(d) Constructed with electrical, heating,ventilation, plumbing,and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS,ROADS,AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas,electrical,sewer,and water supply
systems to be located in the floodplain must be floodproofed in accordance with the State Building
Code or elevated to the regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the
floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities
must be elevated to the regulatory flood protection elevation where failure or interruption of these
facilities would result in danger to the public health or safety or where such facilities are essential to
August 2015 12
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.
8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1)
On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters
into the systems;and 2) New or replacement on-site sewage treatment systems must be designed
to minimize or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters and they must not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in accordance with the state's current
statewide standards for on-site sewage treatment systems is considered to be in compliance with
this Section.
SECTION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,AND RECREATIONAL
VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured
home parks are prohibited in any floodplain district. For existing manufactured home parks or lots
of record,the following requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District.
9.12 If allowed in the Flood Fringe District, placement or replacement of manufactured home units
is subject to the requirements of Section 5 of this ordinance and the following standards.
(a) New and replacement manufactured homes must be elevated in compliance with Section
5 of this ordinance and 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 limited to,use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for
resisting wind forces.
(b) New or replacement manufactured homes in existing manufactured home parks must
meet the vehicular access requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of
recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must
meet the exemption criteria below or be treated as new structures meeting the requirements of this
ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance if they are placed in
any of the following areas and meet the criteria listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready, meaning on wheels or the internal jacking system,
attached to the site only by quick disconnect type utilities commonly used in
campgrounds and recreational vehicle parks.
August 2015 13
(c) No permanent structural type additions may be attached to the vehicle.
(d) The vehicle and associated use must be permissible in any pre-existing,underlying zoning
district.
(e) Accessory structures are not permitted within the Floodway District.Any accessory
structure in the Flood Fringe District must be constructed of flood-resistant materials and
be securely anchored, meeting the requirements applicable to manufactured homes in
Section 9.22.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this exemption when development
occurs on the site that exceeds a minimal investment for an accessory structure such as a
garage or storage building. The recreational vehicle and all accessory structures will then be
treated as new structures subject to the elevation and floodproofing requirements of Section
5.0 of this ordinance. No development or improvement on the parcel or attachment to the
recreational vehicle is allowed that would hinder the removal of the vehicle should flooding
occur.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City Council must
administer and enforce this ordinance.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to
conducting the following activities:
(a) The erection,addition, modification, rehabilitation, or alteration of any building,
structure,or portion thereof. Normal maintenance and repair also requires a permit if
such work,separately or in conjunction with other planned work,constitutes a
substantial improvement as defined in this ordinance.
(b) The use or change of use of a building,structure, or land.
(c) The construction of a dam,fence,or on-site septic system,although a permit is not
required for a farm fence as defined in this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood,fire,tornado,or any other
source.
(f) The placement of fill,excavation of materials,or the storage of materials or equipment
within the floodplain.
(g) Relocation or alteration of a watercourse-including new or replacement culverts and
bridges), unless a public waters work permit has been applied for.
(h) Any other type of"development'as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on
forms provided by the Zoning Administrator.The permit application must include the
following as applicable:
August 2015 14
(a) A site plan showing all pertinent dimensions,existing or proposed buildings,structures,
and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal,county,state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
10.23 Certificate of Zoning Compliance for a New,Altered,or Nonconforming Use. No building, land
or structure may be occupied or used in any manner until a certificate of zoning compliance
has been issued by the Zoning Administrator stating that the use of the building or land
conforms to the requirements of this ordinance.
10.24 Certification. The applicant is 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 ordinance.
Floodproofing measures must be certified by a registered professional engineer or registered
architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the
elevation of the lowest floor(including basement)of all new structures and alterations or
additions to existing structures in the floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations or additions to
structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a
river or stream,the Zoning Administrator must notify adjacent communities. If the applicant
has applied for a permit to work in public waters pursuant to Minnesota Statutes,Section
103G.245,this will suffice as adequate notice. A copy of the notification must also be
submitted to the Chicago Regional Office of the Federal Emergency Management Agency
(FEMA).
10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As
soon as is practicable, but not later than six months after the date such supporting
information becomes available,the Zoning Administrator must notify the Chicago Regional
Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
10.3 Variances:
10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be
processed and reviewed in accordance with applicable state statutes and Section 156.310 of
the Zoning Ordinance.
10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that
is not allowed 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.
10.33 Additional Variance Criteria.The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory floodway
if any increase in flood levels during the base flood discharge would result.
August 2015 15
(b) Variances may only be issued by a community upon (i)a showing of good and sufficient
cause, (ii)a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii)a determination that the granting of a variance will not
result in increased flood heights,additional threats to public safety,extraordinary public
expense,create nuisances,cause fraud on or victimization of the public,or conflict with
existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the minimum
necessary,considering the flood hazard,to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance
that: 1)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 for$100
of insurance coverage;and 2)Such construction below the base or regional flood level
increases risks to life and property. Such notification must be maintained with a record of all
variance actions.
10.35 General Considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
(a) The potential danger to life and property due to increased flood heights or velocities
caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the injury of
others;
(c) The proposed water supply and sanitation systems, if any,and the ability of these
systems to minimize the potential for disease,contamination and unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the effect of
such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not subject to
flooding;
(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 Land Use 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.
10.36 Submittal of Hearing Notices to the Department of Natural Resources(DNR). The Zoning
Administrator must submit hearing notices for proposed variances to the DNR sufficiently in
advance to provide at least ten days' notice of the hearing. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
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10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be
forwarded to the DNR within ten days of such action. The notice may be sent by electronic
mail or U.S. Mail to the respective DNR area hydrologist.
10.38 Record-Keeping. The Zoning Administrator must maintain a record of all variance actions,
including justification for their issuance,and must report such variances in an annual or
biennial report to the Administrator of the National Flood Insurance Program,when
requested by the Federal Emergency Management Agency.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit under the provisions of
this ordinance will be processed and reviewed in accordance with Section 156.320 of the
Zoning Ordinance.
10.42 Factors Used in Decision-Making. In passing upon conditional use applications,the City
Council must consider all relevant factors specified in other sections of this ordinance,and
those factors identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The City Council may attach such conditions
to the granting of conditional use permits as it deems necessary to fulfill the purposes of this
ordinance. Such conditions may include, but are not limited to,the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use,occupancy,and operation.
(c) Imposition of operational controls,sureties,and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage,dikes,
levees,and other protective measures.
(e) Floodproofing measures, in accordance with the State Building Code and this ordinance.
The applicant must submit a plan or document certified by a registered professional
engineer or architect that the floodproofing measures are consistent with the regulatory
flood protection elevation and associated flood factors for the particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources(DNR). The Zoning
Administrator must submit hearing notices for proposed conditional uses to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing.The notice may be
sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
10.45 Submittal of Final Decisions to the DNR.A copy of all decisions granting conditional uses must
be forwarded to the DNR within ten days of such action.The notice may be sent by electronic
mail or U.S. Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities:A use,structure, or occupancy of land which was lawful before
the passage or amendment of this ordinance but which is not in conformity with the provisions of
this ordinance may be continued subject to the following conditions. Historic structures,as defined
in Section 2.939(b)of this ordinance,are subject to the provisions of Sections 11.11-11.16 of this
ordinance.
11.11 A nonconforming use,structure,or occupancy must not be expanded,changed,enlarged,or
altered in a way that increases its flood damage potential or degree of obstruction to flood
August 2015 17
flows except as provided in 11.12 below. Expansion or enlargement of uses,structures or
occupancies within the Floodway District is prohibited.
11.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that
would result in increasing its flood damage potential must be protected to the regulatory
flood protection elevation in accordance with any of the elevation on fill or floodproofing
techniques(i.e., FP-1 thru FP-4 floodproofing classifications)allowable in the State Building
Code, except as further restricted in 11.13 and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions exceeds 50 percent of the
market value of any nonconforming structure,then the entire structure must meet the
standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon whether
the structure is in the Floodway or Flood Fringe District, respectively. 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.
11.14 If any nonconforming use,or any use of a nonconforming structure, is discontinued for more
than one year,any future use of the premises must conform to this ordinance. The Assessor
must notify the Zoning Administrator in writing of instances of nonconformities that have
been discontinued for a period of more than one year.
11.15 If any nonconformity is substantially damaged,as defined in Section 2.938 of this ordinance, it
may not be reconstructed except in conformity with the provisions of this ordinance. The
applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will
apply depending upon whether the use or structure is in the Floodway or Flood Fringe,
respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss,as defined in Section
2.935 of this ordinance, it must not be reconstructed except in conformity with the provisions
of this ordinance.
11.17 Any substantial improvement, as defined in Section 2.939 of this ordinance,to a
nonconforming structure requires that the existing structure and any additions must meet the
requirements of Section 4.0 or 5.0 of this ordinance for new structures,depending upon
whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a 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)constitute a misdemeanor and will be
punishable as defined by law.
12.2 Other Lawful Action: Nothing in this ordinance restricts the City from taking such other lawful
action as is necessary to prevent or remedy any violation. If the responsible party does not
appropriately respond to the Zoning Administrator within the specified period of time,each
additional day that lapses will constitute an additional violation of this ordinance and will be
prosecuted accordingly.
12.3 Enforcement: In responding to a suspected ordinance violation,the Zoning 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 must act in good faith to enforce these official controls and to correct
August 2015 18
ordinance violations to the extent possible so as not to jeopardize its eligibility in the National
Flood Insurance Program.
12.31 When a violation is either discovered by or brought to the attention of the Zoning
Administrator,the Zoning Administrator shall immediately investigate the situation and
document the nature and extent of the violation of the official control.As soon as it is
reasonably possible,this information will be submitted to the appropriate State 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.
12.32 The Zoning Administrator shall notify the suspected party of the requirements of this chapter
and all other official controls and the nature and extent of the suspected violation of these
controls. If the structure and/or use is under construction or development,the Zoning
Administrator may order the construction or development immediately halted until a proper
permit or approval is granted by the city. If the construction or development is already
completed,the Zoning Administrator may either: 1)issue an order identifying the corrective
actions that must be made within a specified time period to bring the use or structure into
compliance with the official controls; or 2) notify the responsible party to apply for an after
the fact permit/development approval within a specified period of time not to exceed 30
days.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation—Restrictions on Removal:The floodplain designation on the Official
Zoning Map must not be removed from floodplain 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 floodplain. Special exceptions to
this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if
the Commissioner determines that,through other measures, lands are adequately protected for
the intended use.
13.2 Amendments Require DNR Approval:All amendments to this ordinance must be submitted to and
approved by the Commissioner of the Department of Natural Resources(DNR) prior to adoption.
The Commissioner must approve the amendment prior to community approval.
13.3 Map Revisions Require Ordinance Amendments.The floodplain district regulations must be
amended to incorporate any revisions by the Federal Emergency Management Agency to the
floodplain maps adopted in Section 2.3 of this ordinance.
August 2015 19
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and
publication,as required by law and/or charter.
Adopted by the City Council
(Community Name)
This of
(Day) (Month) (Year)
Attest: , Mayor
(Name of Elected Official)
Attest: County Administrator/City Clerk
(Name of Community Official)
Stamp With Community Seal:
August 2015 20
IrMinnesota Sample Floodplain Ordinance
MNDNR Three District Ordinance
This sample ordinance includes the three primary types of floodplain districts:Floodway,Flood
Fringe,and General Floodplain.It can be used in a variety of situations, where all three districts or
only some of them are present.
Contents
Section 1.0 Statutory Authorization, Findings of Fact and Purpose...........................................................1
1.1 Statutory Authorization.................................................................................................1
1.2 Purpose..........................................................................................................................1
Section 2.0 General Provisions...................................................................................................................1
2.1 How to Use This Ordinance............................................................................................1
2.2 Lands to Which Ordinance Applies................................................................................1
2.3 Incorporation of Maps by Reference.............................................................................2
2.4 Regulatory Flood Protection Elevation..........................................................................2
2.5 Interpretation ................................................................................................................2
2.6 Abrogation and Greater Restrictions.............................................................................2
2.7 Warning and Disclaimer of Liability...............................................................................3
2.8 Severability.....................................................................................................................3
2.9 Definitions......................................................................................................................3
2.10 Annexations/Detachments............................................................................................6
Section 3.0 Establishment of Zoning Districts............................................................................................6
3.1 Districts..........................................................................................................................6
3.2 Compliance....................................................................................................................6
Section 4.0 Floodway District
4.1 Permitted Uses...............................................................................................................7
4.2 Standards for Floodway Permitted Uses ......................................................................7
4.3 Conditional Uses............................................................................................................8
4.4 Standards for Floodway Conditional Uses.....................................................................8
Section 5.0 Flood Fringe District............................................................................................
5.1 Permitted Uses...............................................................................................................9
5.2 Standards for Flood Fringe Permitted Uses.................................................................10
5.3 Conditional Uses..........................................................................................................11
5.4 Standards for Flood Fringe Conditional Uses...............................................................11
Section 6.0 General Floodplain District....................................................................................................12
6.1 Permitted Uses...............................
.............................................................................12
6.2 Procedures for Floodway and Flood Fringe Determinations.......................................12
Section 7.0 Land Development Standards................................................................................................13
July 2015
7.1 In General.....................................................................................................................13
7.2 Subdivisions .................................................................................................................13
7.3 Building Sites................................................................................................................14
Section 8.0 Public Utilities, Railroads, Roads,and Bridges.......................................................................14
8.1 Public Utilities..............................................................................................................14
8.2 Public Transportation Facilities....................................................................................14
8.3 On-site Water Supply and Sewage Treatment Systems..............................................14
Section 9.0 Manufactured Homes,Manufactured Home Parks and Recreational Vehicles....................15
9.1 Manufactured Homes..................................................................................................15
9.2 Recreational Vehicles...................................................................................................15
Section10.0 Administration.......................................................................................................................16
10.1 Zoning Administrator...................................................................................................16
10.2 Permit Requirements...................................................................................................16
10.3 Variances...................................................
10.4 Conditional Uses..........................................................................................................19
Section11.0 Nonconformities....................................................................................................................20
11.1 Continuance of Nonconformities.................................................................................20
Section 12.0 Penalties and Enforcement....................................................................................................21
12.1 Violation Constitutes a Misdemeanor.........................................................................21
12.2 Other Lawful Action.....................................................................................................21
12.3 Enforcement................................................................................................................21
Section13.0 Amendments.........................................................................................................................21
13.1 Floodplain Designation—Restrictions on Removal.....................................................21
13.2 Amendments Require DNR Approval..........................................................................22
13.3 Map Revisions Require Ordinance Amendments........................................................22
July 2015
Ordinance Language Commentary
SECTION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE
1.1 Statutory Authorization: The legislature of the State of Minnesota has,in Mandatory language. The zoning enabling
Minnesota Statutes Chapter 103F and Chapter[124Z462]delegated the statute reference is Chapter 394 for counties
responsibility to local government units to adopt regulations designed to and Chapter 462 for cities and townships.
minimize flood losses. Therefore,the(City Council/Board of Commissioners) "Governing body"is the City Council or
of .Minnesota,does ordain as follows. County or Township Board.
1.2 Purpose:
1.21 This ordinance regulates development in the flood hazard areas of Mandatory language
These flood hazard areas are subject to periodic
inundation,which may result in loss of life and property,health and
safety hazards,disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,and
impairment of the tax base. It is the purpose of this ordinance to
promote the public health,safety,and general welfare by minimizing
these losses and disruptions.
1.22 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.
1.23 is optional language referencing the
1.23 This ordinance is also intended to preserve the natural characteristics natural beneficial functions of floodplain.
and functions of watercourses and floodplains in order to moderate
flood and stormwater impacts,improve water quality,reduce soil
erosion,protect aquatic and riparian habitat,provide recreational
opportunities,provide aesthetic benefits and enhance community
and economic development.
SECTION 2.0 GENERAL PROVISIONS
2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps The types of floodplain zones present in a
applicable to(Community)and includes three floodplain districts:Floodway, community will vary,depending on hydrologic
Flood Fringe,and General Floodplain. conditions and the level of detail of the
2.11 Where Floodway and Flood Fringe districts are delineated on the
applicable mops.
floodplain maps,the standards in Sections 4 or 5 will apply,depending
on the location of a property.
2.12 Locations where Floodway and Flood Fringe districts are not If the General Floodplain District(the A zone
delineated on the floodplain maps are considered to fall within the or other zones without a defined floodway)is
General Floodplain district.Within the General Floodplain district,the not present within the community,references
Floodway District standards in Section 4 apply unless the floodway to it,including the provisions of Section 6,
boundary is determined,according to the process outlined in Section may be deleted but Section 6 should be
6.Once the floodway boundary is determined,the Flood Fringe "reserved for future use"(i.e.,in case a future
District standards in Section 5 may apply outside the floodway. annexation adds an A zone).
2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within
the jurisdiction of(Community)shown on the Official Zoning Map and/or the
attachments to the map as being located within the boundaries of the
Floodway, Flood Fringe,or General Floodplain Districts.
2.21 The Floodway,Flood Fringe and General Floodplain Districts are 2.21 is optional—if the community has a
overlay districts that are superimposed on all existing zoning districts. zoning ordinance—as most do—it's helpful to
The standards imposed in the overlay districts are in addition to any define these districts as overlay districts. If
July 2015 1
Ordinance Language Commentary
other requirements in this ordinance. In case of a conflict,the more not,then delete this statement and other
restrictive standards will apply. overlay references.
2.3 Incorporation of Maps by Reference: The following maps together with all Mandatory language. Each community must
attached material are hereby adopted by reference and declared to be a part adopt the Flood Insurance Study and specific
of the Official Zoning Map and this ordinance. The attached material includes map panels that encompass its boundaries.
the Flood Insurance Study for County,Minnesota,and Under Minnesota Rules 6120.5700, these
Incorporated Areas,dated and the Flood Insurance Rate Map materials are considered attachments to the
panels enumerated below,dated .all prepared by the Zoning Map.
Federal Emergency Management Agency. These materials are on file in the
(list location where mays will be filed—i.e., City Clerk's office). Listing of mans will vary by jurisdiction and
may tvye.
(list all map panels here)
• For communities with older maps,such as
Flood Hazard Boundary Maps,in addition
to Flood Insurance Rate Maps, these maps
should also be listed in Section 2.3.
• For counties,the map index may be used
in lieu of listing all the map panels
individually.
• Cities may need to adopt other map
panels to encompass areas that may be
annexed in the future. Counties and
townships may need to adopt city map
panels to encompass areas that may be
detached from cities.See Section 2.10.
2.4 Regulatory Flood Protection Elevation: The regulatory flood protection Optional-Reiterates information in the
elevation(RFPE)is an elevation no lower than one foot above the elevation of (mandatory)definition of this term in Section
the regional flood plus any increases in flood elevation caused by 2.9. The RFPE can be increased beyond one
encroachments on the floodplain that result from designation of a floodway. foot to provide enhanced flood protection.
In A-0 zones,add more detailed language:
"Within the AO Zone,the RFPE is an elevation
no lower than[the number shown on the
FIRM]above the highest adjacent grade of an
existing structure or proposed structure or a
proposed structural addition."
2.5 Interpretation: The boundaries of the zoning districts are determined by
scaling distances on the Flood Insurance Rate Map.
2.51 Where a conflict exists between the floodplain limits illustrated on the
official zoning map and actual field conditions,the flood elevations
shall be the governing factor.The Zoning Administrator must interpret
the boundary location based on the ground elevations that existed on
the site on the date of the first National Flood Insurance Program map
showing the area within the regulatory floodplain,and other available
technical data.
2.52 Persons contesting the location of the district boundaries will be given
a reasonable opportunity to present their case to the(Planning
Commission/Board ofAdiustment)and to submit technical evidence.
2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to
repeal,abrogate,or impair any existing easements,covenants,or other
private agreements. However,where this ordinance imposes greater
restrictions,the provisions of this ordinance prevail. All other ordinances
July 2015 2
Ordinance Language Commentary
inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
2.7 Warning and Disclaimer of Liability: This ordinance does not imply that
areas outside the floodplain districts or land uses permitted within such
districts will be free from flooding or flood damages. This ordinance does not
create liability on the part of(CommunityJ or its officers or employees for any
flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
2.8 Severability: If any section,clause,provision,or portion of this ordinance is This statement not needed if already included
adjudged unconstitutional or invalid by a court of law,the remainder of this in zoning ordinance
ordinance shall not be affected and shall remain in full force.
2.9 Definitions: Unless specifically defined below,words or phrases used in this These definitions may already exist as part of
ordinance must be interpreted according to common usage and so as to give zoning ordinance,but check for consistency.
this ordinance its most reasonable application.
2.911 Accessory Use or Structure—a use or structure on the same lot with, Definitions are mandatory unless otherwise
and of a nature customarily incidental and subordinate to,the indicated.
principal use or structure.
2.912 Base Flood Elevation—The elevation of the"regional flood."The term Optional definition
"base flood elevation"is used in the flood insurance survey.
2.913 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.
2.914 Conditional Use—a specific type of structure or land use listed in the Optional definition—check against zoning
official control that may be allowed but only after an in-depth review ordinance. Some local ordinances—and the
procedure and with appropriate conditions or restrictions as provided state rules that apply to floodplains—use the
in the official zoning controls or building codes and upon a finding older term"special use."
that:
(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and/or land use conform to the comprehensive
land use plan if one exists and are compatible with the existing
neighborhood.
2.915 Critical Facilities—facilities necessary to a community's public health Optional definition—see the(optional)
and safety,those that store or produce highly volatile,toxic or water- regulation of critical facilities in Section 3.25.
reactive materials,and those that house occupants that may be
insufficiently mobile to avoid loss of life or injury. Examples of critical
facilities include hospitals,correctional facilities,schools,daycare
facilities, nursing homes,fire and police stations,wastewater
treatment facilities,public electric utilities,water plants,fuel storage
facilities,and waste handling and storage facilities.
2.916 Development—any manmade change to improved or unimproved This definition means that many land
real estate,including buildings or other structures,mining,dredging, alteration activities are regulated and may
filling,grading,paving,excavation or drilling operations,or storage of require permits.
equipment or materials.
2.917 Equal Degree of Encroachment—a method of determining the
location of floodway boundaries so that floodplain lands on both sides
of a stream are capable of conveying a proportionate share of flood
flows.
July 2015 3
Ordinance Language Commentary
2.918 Farm Fence—A fence as defined by Minn.Statutes Section 344.02, Optional definition—to be used if this type of
Subd. 1(a)-(d).An open type fence of posts and wire is not considered farm fence is to be exempted from permit
to be a structure under this ordinance.Fences that have the potential requirements
to obstruct flood flows,such as chain link fences and rigid walls,are
regulated as structures under this ordinance.
2.919 Flood—a temporary increase in the flow or stage of a stream or in the Optional definition
stage of a wetland or lake that results in the inundation of normally
dry areas.
2.920 Flood Frequency—the frequency for which it is expected that a Optional definition
specific flood stage or discharge may be equaled or exceeded.
2.921 Flood Fringe—that portion of the floodplain outside of the floodway. For cities mapped as part of county-wide
Flood fringe is synonymous with the term"floodway fringe" used in flood insurance study, the county name
the Flood Insurance Study for(Local Unit). Minnesota. should be inserted here.
2.922 Flood Prone Area—any land susceptible to being inundated by water Optional definition—see provisions of Section
from any source(see"Flood"). 7 on flood prone areas
2.923 Floodplain—the beds proper and the areas adjoining a wetland,lake
or watercourse which have been or hereafter may be covered by the
regional flood.
2.924 Floodproofing—a combination of structural provisions,changes,or
adjustments to properties and structures subject to flooding,
primarily for the reduction or elimination of flood damages.
2.925 Floodway—the bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoining floodplain which are
reasonably required to carry or store the regional flood discharge.
2.926 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.
2.927 Manufactured Home—a structure,transportable in one or more
sections,which is built on a permanent chassis and is designed for use
with or without a permanent foundation when attached to the
required utilities. The term"manufactured home"does not include
the term"recreational vehicle."
2.928 Obstruction—any dam,wall,wharf,embankment,levee,dike, pile, Optional definition
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 floodplain 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.
2.929 One Hundred Year Floodplain—lands inundated by the"Regional
Flood"(see definition).
2.930 Principal Use or Structure—all uses or structures that are not Optional definition
accessory uses or structures.
2.931 Reach—a hydraulic engineering term to describe a longitudinal Optional definition
segment of a stream or river influenced by a natural or man-made
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obstruction. In an urban area,the segment of a stream or river
between two consecutive bridge crossings would most typically
constitute a reach.
2.932 Recreational Vehicle—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 this ordinance,
the term recreational vehicle is synonymous with the term"travel
trailer/travel vehicle."
2.933 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 1%chance or 100-year recurrence interval.
Regional flood is synonymous with the term"base flood"used in a
flood insurance study.
2.934 Regulatory Flood Protection Elevation(RFPE)-an elevation not less RFPE:The one foot elevation is mandated by
than one foot above the elevation of the regional flood plus any state law,but a higher elevation can yield
increases in flood elevation caused by encroachments on the increased protection.
floodplain that result from designation of a floodway.
2.935 Repetitive Loss:Flood related damages sustained by a structure on Repetitive Loss:This is an optional definition
two separate occasions during a ten year period for which the cost of linked to the optional provision for repetitive
repairs at the time of each such flood event on the average equals or loss properties in Section 11.16.
exceeds 25%of the market value of the structure before the damage
occurred.
2.936 Special Flood Hazard Area—a term used for flood insurance purposes
synonymous with"One Hundred Year Floodplain."
2.937 Structure-anything constructed or erected on the ground or attached
to the ground or on-site utilities,including, but not limited to,
buildings,factories,sheds,detached garages,cabins,manufactured
homes,recreational vehicles not meeting the exemption criteria
specified in Section 9.22 of this ordinance and other similar items.
2.938 Substantial Damage-means 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.
2.939 Substantial Improvement-within any consecutive 365-day period, "Start of construction"and"historic
any reconstruction,rehabilitation(including normal maintenance and structure"are defined in 44 Code of Federal
repair), repair after damage,addition,or other improvement of a Regulations 59.1.
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
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Ordinance Language Commentary
enforcement official and which are the minimum necessary to
assure safe living conditions. "Historic structures"as defined in the CFR
(b) Any alteration of a"historic structure,"provided that the generally include sites listed on or eligible for
alteration will not preclude the structure's continued designation the National Register of Historic Places and
as a"historic structure." For the purpose of this ordinance, state-or locally-designated historic
"historic structure"is as defined in 44 Code of Federal properties.
Regulations,Part 59.1.
2.10.Annexations: The Flood Insurance Rate Map panels adopted by reference The first Section 2.10 applies to cities only.It
into Section 2.3 above may include floodplain areas that lie outside of the is optional but recommended—if not
corporate boundaries of the(Community)at the time of adoption of this included,any annexation will trigger an
ordinance. If any of these floodplain land areas are annexed into the amendment of the floodplain ordinance.
(Community)after the date of adoption of this ordinance,the newly annexed
floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of annexation.
2.10.Detachments. The Flood Insurance Rate Map panels adopted by reference The second Section 2.10 applies only to
into Section 2.3 above will include floodplain areas that lie inside the counties or townships that exercise zoning
corporate boundaries of municipalities at the time of adoption of this authority.Counties may choose to adopt
ordinance. If any of these floodplain land areas are detached from a specific map panels or adopt the countywide
municipality and come under the jurisdiction of( County/ map index.
Township)after the date of adoption of this ordinance,the newly detached
floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of detachment.
SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS
3.1 Districts: For lakes,ponds and wetlands, the floodway
3.11 Floodway District. The Floodway District includes those areas is usually administratively defined as the area
designated as floodway on the Flood Insurance Rate Map adopted in at or below the Ordinary High Water Level.
Section 2.3. See DNR's Floodplain Information Sheet 1,
http:l/files.do r.state.mn.us/publications/
3.12 Flood Fringe District. The Flood Fringe District includes those areas waters/floodplain management fact sheet
designated as floodway fringe on the Flood Insurance Rate Map 1. d
adopted in Section 2.3,as being within Zones AE,AO,or AH but being
If
located outside of the floodway. a community has floodplain delineations on
the FIRM for lakes,ponds and wetland
3.13 General Floodplain District. The General Floodplain District includes without delineated floodways, contact DNR
those areas designated as Zone A or Zones AE,A0,or AH without a Floodplain Program staff for specific
floodway on the Flood Insurance Rate Map adopted in Section 2.3. language.
3.2 Compliance: Within the floodplain districts established in this ordinance,the Zones AO and AH are areas prone to flooding
use of any land,the use,size,type and location of structures on lots,the due to overland flow or small ponds,and are
installation and maintenance of transportation,utility,water supply and not typically found on most FIRMS. If not
waste treatment facilities,and the subdivision of land must comply with the present,references in 3.12 and 3.13 can be
terms of this ordinance and other applicable regulations. All uses not listed as deleted.
permitted uses or conditional uses in Sections 4.0,5.0 and 6.0,respectively,
are prohibited.
In addition,a caution is provided here that:
3.21 New and replacement manufactured homes and certain recreational Optional language in second paragraph and
vehicles are subject to the general provisions of this ordinance and 3.21-3.23 cross-references other sections of
specifically Section 9.0. the ordinance.
3.22 Modifications,additions,structural alterations,normal maintenance
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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 ordinance and specifically Section
11.0.
3.23 All structures must be constructed with electrical,heating,ventilation, Item 3.23 is mandatory based on 44 CFR
plumbing,and air conditioning equipment and other service facilities 60(0)(3),from which this language is drawn.
that are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.
3.24 As-built elevations for elevated or floodproofed structures must be
certified by ground surveys and flood-proofing techniques must be
designed and certified by a registered professional engineer or
architect as specified in the general provisions of this ordinance and
specifically as stated in Section 10.0 of this ordinance. Optional but recommended language in 3.25
3.25 Critical facilities,as defined in Section 2.915,are prohibited in all would prohibit critical facilities in all
floodplain districts. floodplain districts. This is a higher
regulatory standard intended to keep critical
infrastructure and concentrations of people
out of floodplain areas.
SECTION 4.0 FLOODWAY DISTRICT(FW)
4.1 Permitted Uses: The following uses,subject to the standards set forth in It is critical that the floodway be protected so
Section 4.2,are permitted uses if otherwise allowed in the underlying zoning that it can transport and store the waters of
district or any applicable overlay district: the regional(100-year)flood without
increased flood heights or velocities or
4.11 General farming,pasture,grazing,outdoor plant nurseries, threats to public health and safety.
horticulture,truck farming,forestry,sod farming,and wild crop
harvesting. Note that communities are not required to
adopt all of the listed uses,but must provide
4.12 Industrial-commercial loading areas,parking areas,and airport landing for some use of the floodway land. Other
strips. similar uses may be included in this section if
4.13 Open space uses,including but not limited to private and public golf they meet the standards in Section 4.2. If a
courses,tennis courts,driving ranges,archery ranges,picnic grounds, community wishes to restrict all floodplain
boat launching ramps,swimming areas,parks,wildlife and nature districts to only these permitted floodway
preserves,game farms,fish hatcheries,shooting preserves, hunting uses,see the DNR's"Restrictive Ordinance."
and fishing areas,and single or multiple purpose recreational trails.
4.14 Residential lawns,gardens,parking areas,and play areas. 4.15:Earlier versions of the DNR sample
ordinances listed utility and transportation
4.15 Railroads,streets,bridges,utility transmission lines and pipelines, uses a conditional uses. In this version,these
provided that the Department of Natural Resources'Area Hydrologist uses are permitted if DNR is notified and
is notified at least ten days prior to issuance of any permit,and that certain standards are met
the standards in Sections 4.41,4.43(a)and 4.46 of this ordinance are
met.
4.2 Standards for Floodway Permitted Uses: Higher standards for floodway protection
could include limiting impervious coverage in
4.21 The use must have a low flood damage potential. the floodway,in order to facilitate infiltration
4.22 With the exception of the uses listed in Section 4.15,the use must not of rainfall.
obstruct flood flows or increase flood elevations and must not involve
structures,fill,obstructions,excavations or storage of materials or
equipment.
4.23 Any facility that will be used by employees or the general public must
be designed with a flood warning system that provides adequate time
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Ordinance Language Commentary
for evacuation if the area is inundated to a depth and velocity such
that the depth(in feet)multiplied by the velocity(in feet per second)
would exceed a product of four upon occurrence of the regional(1%
chance)flood.
4.3 Conditional Uses: The following uses may be allowed as conditional uses Note that these conditional uses are o t_p ional
following the standards and procedures set forth in Section 10.4 of this for the community but,if allowed,must meet
ordinance and further subject to the standards set forth in Section 4.4,if the standards in Sections 4.4. Communities
otherwise allowed in the underlying zoning district or any applicable overlay are encouraged to select only those
district. conditional uses that are appropriate for their
4.31 Structures accessory to the uses listed in 4.1 above and the uses listed conditions.
in 4.32-4.37 below.
4.32 Extraction and storage of sand,gravel,and other materials.
4.33 Marinas,boat rentals,docks,piers,wharves,and water control
structures.
Optional statement in 4.35 allows typical
4.34 Storage yards for equipment,machinery,or materials. farm fences such as barbed wire fences that
4.35 Placement of fill or construction of fences that obstruct flood flows. don't obstruct flood flows as permitted uses.
Farm fences,as defined in section 2.918,are permitted uses. See also Section 10.21(c).
4.36 Travel-ready recreational vehicles meeting the exception standards in Section 4.36 is optional:we recommend
Section 9.3. treating recreational vehicles as conditional
uses so that road access and warning systems
4.37 Levees or dikes intended to protect agricultural crops for a frequency are carefully reviewed to ensure public safety
flood event equal to or less than the 10-year frequency flood event. in times of flooding.
4.4 Standards for Floodway Conditional Uses: Note that flood control projects intended to
4.41 All Uses. A conditional use must not cause any increase in the stage of remove areas from the floodway to allowdevelopment of single or multiple structures
the 1%chance or regional flood or cause an increase in flood damages are not permitted unless a Letters Map
in the reach or reaches affected. Revision(LOMR)can be obtained to change
4.42 Fill;Storage of Materials and Equipment: the floodway boundary. Contact DNR
(a) The storage or processing of materials that are,in time of flooding,
Floodplain Program staff for further
flammable,explosive,or potentially injurious to human,animal,
information.
or plant life is prohibited.
4.42(a)and(b)must be included if deposition
(b) Fill,dredge spoil,and other similar materials deposited or stored or storage of fill is allowed in the floodway
in the floodplain must be protected from erosion by vegetative
cover, mulching,riprap or other acceptable method. Permanent
sand and gravel operations and similar uses must be covered by a
long-term site development plan. Alternative(c)is an optional alternative
(c) Temporary placement of fill,other materials,or equipment which allowing temporary storage of fill or other
would cause an increase to the stage of the 1%percent chance or materials that could increase flood stage,
regional flood may only be allowed if the(Governing Body)has suitable for locations where adequate flood
approved a plan that assures removal of the materials from the warning times will be available to allow
floodway based upon the flood warning time available. removal of materials.
4.43 Accessory Structures:
(a) Accessory structures must not be designed for human habitation. If accessory structures are to be allowed in
the floodway,items(a)through(c)are
(b) Accessory structures,if permitted, must be constructed and required.
placed on the building site so as to offer the minimum obstruction
to the flow of flood waters:
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(1) Whenever possible,structures must be constructed with the
longitudinal axis parallel to the direction of flood flow;and
(2) So far as practicable,structures must be placed
approximately on the same flood flow lines as those of
adjoining structures.
(c) Accessory structures must be elevated on fill or structurally dry
floodproofed in accordance with the FP-1 or FP-2 floodproofing
classifications in the State Building Code. All floodproofed
accessory structures must meet the following additional
standards:
(1) The structure must be adequately anchored to prevent
flotation,collapse or lateral movement and designed to
equalize hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in the structure must
be elevated to or above the regulatory flood protection
elevation or properly floodproofed.
(d) As an alternative,an accessory structure may be internally/wet
floodproofed to the FP-3 or FP-4 floodproofing classifications in Subsection(d)is optional language allowing
the State Building Code,provided the accessory structure for wet floodproofing of small accessory
constitutes a minimal investment and does not exceed 576 square structures that constitute a minimal
feet in size.A detached garage may only be used for parking of investment.
vehicles and limited storage. All structures must meet the
following standards:
(1) To allow for the equalization of hydrostatic pressure,there
must be a minimum of two"automatic"openings in the
outside walls of the structure,with a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding;and
(2) There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one
foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding
will not satisfy this requirement for automatic openings.
4.44 Structural works for flood control that will change the course,current Optional provision providing notice that work
or cross section of protected wetlands or public waters are subject to in public waters requires a DNR permit.
the provisions of Minnesota Statutes,Section 103G.245.
4.45 A levee,dike or floodwall constructed in the floodway must not cause
an increase to the 1%chance or regional flood.The technical analysis
must assume equal conveyance or storage loss on both sides of a
stream.
4.46 Floodway developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system.
SECTION 5.0 FLOOD FRINGE DISTRICT(FF)
5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed If underlying zoning district(s)are present(as
in the underlying zoning district(s)that comply with the standards in Sections in most communities)the second sentence
July 2015 9
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5.2. If no pre-existing,underlying zoning districts exist,then any residential or can be deleted.
nonresidential structure or use of a structure or land is a permitted use
provided it does not constitute a public nuisance.
5.2 Standards for Flood Fringe Permitted Uses:
5.21 All structures,including accessory structures,must be elevated on fill "lowest floor"is defined as the lowest floor
so that the lowest floor,as defined,is at or above the regulatory flood of the lowest enclosed area,including
protection elevation. The finished fill elevation for structures must be basements,crawl spaces,etc. See Section
no lower than one foot below the regulatory flood protection 2.926.
elevation and the fill must extend at the same elevation at least 15
feet beyond the outside limits of the structure. (a)clarifies that ductwork must be elevated
(a) All service utilities, including ductwork,must be elevated or because it is seldom water-tight which
water-tight to prevent infiltration of floodwaters. results in health hazards due to mold and
(b) As an alternative to elevation on fill,an accessory structure that mildew after flooding.
constitutes a minimal investment and that does not exceed 576 (b)If an accessory structure exceeds 576
square feet in size may be internally floodproofed in accordance square feet, then FEMA will not allow internal
with Section 4.43. floodproofing,and the structure must be
5.22 The cumulative placement of fill or similar material on a parcel must elevated on fill or dryfloodproofed in
not exceed 1,000 cubic yards,unless the fill is specifically intended to accordance with Section 4.44(a)—(c).
elevate a structure in accordance with Section 5.21 of this ordinance,
or if allowed as a conditional use under Section 5.33 below. 5.22 is an optional provision. Treating large
5.23 The storage of any materials or equipment must be elevated on fill to volumes of fill as a conditional use allows
the regulatory flood protection elevation. communities to require an erosion control
5.24 The storage or processing of materials that are,in time of flooding, and emergency removal plan for uses such as
flammable,explosive,or potentially injurious to human,animal,or sand and gravel mining or dredge spoil
plant life is prohibited. storage.
5.25 Fill must be properly compacted and the slopes must be properly
protected by the use of riprap,vegetative cover or other acceptable
method.
5.26 All new principal structures must have vehicular access at or above an
elevation not more than two feet below the regulatory flood Section 5.26 is optional, but is mandatoryfor
protection elevation,or must have a flood warning/emergency subdivisions, which include manufactured
evacuation plan acceptable to the(Governing Body). home parks and recreational vehicle
5.27 Accessory uses such as yards, railroad tracks,and parking lots may be parks/campgrounds. See also Section 7.13.
at an elevation lower than the regulatory flood protection elevation.
However,any facilities used by employees or the general public must
be designed with a flood warning system that provides adequate time
for evacuation if the area is inundated to a depth and velocity such
that the depth(in feet)multiplied by the velocity(in feet per second)
would exceed a product of four upon occurrence of the regional(1%
chance)flood.
5.28 Interference with normal manufacturing/industrial plant operations
must be minimized,especially along streams having protracted flood
durations. In considering permit applications,due consideration must The Federal Emergency Management Agency
be given to the needs of industries with operations that require a (FEMA)has established criteria for removing
floodplain location. the flood fringe designation for certain
5.29 Flood fringe developments must not adversely affect the hydraulic structures properly elevated on fill above the
capacity of the channel and adjoining floodplain of any tributary regional flood elevation. These standards,
watercourse or drainage system. included in Technical Bulletin 10.01,require
enhanced management and notification
5.30 Manufactured homes and recreational vehicles must meet the procedures. Contact DNR floodplain staff for
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Ordinance Language Commentary
standards of Section 9 of this ordinance. further information.
5.3 Conditional Uses: The following uses and activities may be allowed as As with conditional uses in the floodway,
conditional uses,if allowed in the underlying zoning district(s)or any conditional uses in the flood fringe are
applicable overlay district,following the procedures in Section 10.4 of this optional—communities should determine
ordinance. Conditional uses must meet the standards in Sections 5.24 which of these uses are needed and
through 5.30 and Section 5.4. appropriate in their floodplain areas.
5.31 Any structure that is not elevated on fill or floodproofed in accordance
with Section 5.21 of this ordinance.
5.32 Storage of any material or equipment below the regulatory flood
protection elevation.
5.33 The cumulative placement of more than 1,000 cubic yards of fill when
the fill is not being used to elevate a structure in accordance with
Section 5.21 of this ordinance.
5.4 Standards for Flood Fringe Conditional Uses:
5.41 The standards listed in Sections 5.24 through 5.30 apply to all
conditional uses.
5.42 Basements,as defined by Section 2.913 of this ordinance,are subject
to the following:
(a) Residential basement construction is not allowed below the
regulatory flood protection elevation.
(b) Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally
dry floodproofed in accordance with Section 5.44 of this
ordinance.
5.43 All areas of nonresidential structures,including basements,to be
placed below the regulatory flood protection elevation must be
floodproofed in accordance with the structurally dry floodproofing
classifications in the State Building Code. Structurally dry
floodproofing must meet the FP-1 or FP-2 floodproofing classification
in the State Building Code,which requires making the structure
watertight with the walls substantially impermeable to the passage of
water and with structural components capable of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. Structures wet
floodproofed to the FP-3 or FP-4 classification are not permitted.
5.44 The placement of more than 1,000 cubic yards of fill or other similar Optional provisions to be used if placement of
material on a parcel(other than for the purpose of elevating a this amount of fill is regulated as a
structure to the regulatory flood protection elevation)must comply conditional use.
with an approved erosion/sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the
fill on site for a flood event at a minimum of the regional(1%
chance)flood event.
(b) The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to
the(Governing Body).
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(c) The plan may incorporate alternative procedures for removal of
the material from the floodplain if adequate flood warning time
exists.
5.45 Storage of materials and equipment below the regulatory flood
protection elevation must comply with an approved emergency plan
providing for removal of such materials within the time available after
a flood warning.
5.46 RESERVED FOR OPTIONAL ALTERNATIVE ELEVATION METHODS Alternative elevation methods such as the use
of stilts,pilings,parallel walls,etc.may be
appropriate in certain circumstances,
provided that communities are able to
provide a high level of monitoring and
enforcement. Contact DNR floodplain staff
for the applicable language.
SECTION 6.0 GENERAL FLOODPLAIN DISTRICT(GF) If the General Floodplain District(the A zone
6.1 Permitted Uses: or the AE,AO orAH zones without a defined
floodway)is not present within the
6.11 The uses listed in Section 4.1 of this ordinance, Floodway District community, delete the contents of this
Permitted Uses,are permitted uses. section and retitle it'Reserved for Future
6.12 All other uses are subject to the floodway/flood fringe evaluation Use"(i.e.,in case a future annexation adds an
criteria specified in Section 6.2 below. Section 4.0 applies if the Azone).
proposed use is determined to be in the Floodway District.Section 5.0
applies if the proposed use is determined to be in the Flood Fringe
District.
6.2 Procedures for Floodway and Flood Fringe Determinations: State and federal rules establish standards for
6.21 Upon receipt of an application for a permit or other approval within this determination but do not specify a
the General Floodplain District,the Zoning Administrator must obtain, procedure to be followed. (However,the
review and reasonably utilize any regional flood elevation and community is required under 44 CFR
floodway data available from a federal,state,or other source. 60.3(b)(4)to 'obtain,review and reasonably
utilize"base flood elevation and floodway
6.22 If regional flood elevation and floodway data are not readily available, data.)The procedure shown here is one that
the applicant must furnish additional information,as needed,to DNR suggests that communities follow. DNR
determine the regulatory flood protection elevation and whether the Floodplain Program staff can assist
proposed use would fall within the Floodway or Flood Fringe District. communities in obtaining relevant data and
Information must be consistent with accepted hydrological and completing the determination.
hydraulic engineering standards and the standards in 6.23 below.
6.23 The determination of floodway and flood fringe must include the
following components,as applicable:
(a) Estimate the peak discharge of the regional(1%chance)flood.
(b) Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank
areas.
(c) Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than one-half(0.5)
foot. A lesser stage increase than 0.5 foot is required if,as a result
of the stage increase,increased flood damages would result. An
equal degree of encroachment on both sides of the stream within
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Ordinance Language Commentary
the reach must be assumed in computing floodway boundaries.
6.24 The Zoning Administrator will review the submitted information and Federal rules require that communities assess
assess the technical evaluation and the recommended Floodway the cumulative effects of floodway
and/or Flood Fringe District boundary.The assessment must include encroachments on both sides of a stream.
the cumulative effects of previous floodway encroachments. The Contact Floodplain Program staff for
Zoning Administrator may seek technical assistance from a designated assistance in making this assessment.
engineer or other expert person or agency,including the Department
of Natural Resources. Based on this assessment,the Zoning
Administrator may approve or deny the application.
6.25 Once the Floodway and Flood Fringe District boundaries have been
determined,the Zoning Administrator must process the permit
application consistent with the applicable provisions of Section 4.0 and
5.0 of this ordinance.
SECTION 7.0 LAND DEVELOPMENT STANDARDS
7.1 In General: Recognizing that flood prone areas may exist outside of the Section 7.1 is optional—this and related
designated floodplain districts,the requirements of this section apply to all provisions in enablecommunities nd 7.3 are manage signelood d to in
land within(Community).
unmapped but flood-prone areas(i.e.,
7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of wetlands,ditches,isolated basins). If these
flooding or inadequate drainage,water supply or sewage treatment facilities. standards are not needed,Section 7 can be
Manufactured home parks and recreational vehicle parks or campgrounds are retitled"Subdivisions."
considered subdivisions under this ordinance.
The subdivision requirements in Section 7.21
7.21 All lots within the floodplain districts must be able to contain a —7.24 are mandatory. These provisions can
building site outside of the Floodway District at or above the be integrated into a city or county subdivision
regulatory flood protection elevation. ordinance,where one exists.Note that
7.22 All subdivisions must have road access both to the subdivision and to manufactured home and recreational vehicle
the individual building sites no lower than two feet below the parks are treated as subdivisions.
regulatory flood protection elevation,unless a flood warning
emergency plan for the safe evacuation of all vehicles and people
during the regional(1%chance)flood has been approved by the
(Governing Body). The plan must be prepared by a registered engineer
or other qualified individual,and must demonstrate that adequate
time and personnel exist to carry out the evacuation.
7.23 For all subdivisions in the floodplain,the Floodway and Flood Fringe
District boundaries,the regulatory flood protection elevation and the
required elevation of all access roads must be clearly labeled on all
required subdivision drawings and platting documents.
7.24 In the General Floodplain District,applicants must provide the
information required in Section 6.2 of this ordinance to determine the
regional flood elevation,the Floodway and Flood Fringe District
boundaries and the regulatory flood protection elevation for the
subdivision site.
7.25 If a subdivision proposal or other proposed new development is in a 7.25 is optional,to be used in conjunction
flood prone area,any such proposal must be reviewed to assure that: with 7.1.
(a) All such proposals are consistent with the need to minimize flood
damage within the flood prone area,
(b) All public utilities and facilities,such as sewer,gas,electrical,and
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Ordinance Language Commentary
water systems are located and constructed to minimize or
eliminate flood damage,and
(c) Adequate drainage is provided to reduce exposure of flood hazard.
7.3 Building Sites If a proposed building site is in a flood prone area,all new 7.3 is optional, to be used in conjunction with
construction and substantial improvements(including the placement of 7,1.
manufactured homes)must be:
(a) Designed(or modified)and adequately anchored to prevent
floatation,collapse,or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads,including the effects of
buoyancy;
(b) Constructed with materials and utility equipment resistant to
flood damage;
(c) Constructed by methods and practices that minimize flood
damage;and
(d) Constructed with electrical, heating,ventilation,plumbing,and air
conditioning equipment and other service facilities that are
designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of
flooding.
SECTION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDGES
8.1 Public Utilities: All public utilities and facilities such as gas,electrical,sewer,
and water supply systems to be located in the floodplain must be
floodproofed in accordance with the State Building Code or elevated to the
regulatory flood protection elevation.
8.2 Public Transportation Facilities: Railroad tracks, roads,and bridges to be
located within the floodplain must comply with Sections 4.0 and 5.0 of this
ordinance. These transportation facilities must be elevated to the regulatory
flood protection elevation where failure or interruption of these facilities
would result in danger to the public health or safety or where such facilities
are essential to the orderly functioning of the area. Minor or auxiliary roads
or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health
or safety.
8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities
are not provided: 1)On-site water supply systems must be designed to
minimize or eliminate infiltration of flood waters into the systems;and 2)
New or replacement on-site sewage treatment systems must be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters and they must not be subject
to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the state's current statewide
standards for on-site sewage treatment systems is considered to be in
compliance with this Section.
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SECTION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,AND
RECREATIONAL VEHICLES.
9.1 Manufactured Homes: New manufactured home parks and expansions to This subsection is mandatory;the remainder
existing manufactured home parks are prohibited in any floodplain district. of Section 9.0 is optional but recommended if
For existing manufactured home parks or lots of record,the following manufactured home parks are located in any
floodplain districts.
requirements apply:
9.11 Placement or replacement of manufactured home units is prohibited Section 9 is revised to recognize MN
in the Floodway District. Department of Health rules(Section
9.12 If allowed in the Flood Fringe District,placement or replacement of 4630.0200,which prohibit mobile home
manufactured home units is subject to the requirements of Section 5 parks and recreational camping areas in
of this ordinance and the following standards. flood-prone areas.Placement or replacement
(a) New and replacement manufactured homes must be elevated in of manufactured home units may be allowed
compliance with Section 5 of this ordinance and must be securely in existing manufactured home parks or on
anchored to an adequately anchored foundation system that lots of record.
resists flotation,collapse and lateral movement. Methods of
anchoring may include,but are not limited to,use of over-the-top
or frame ties to ground anchors. This requirement is in addition
to applicable state or local anchoring requirements for resisting
wind forces.
(b) New or replacement manufactured homes in existing
manufactured home parks must meet the vehicular access
requirements for subdivisions in Section 7.22.
9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and These exemption criteria are required if
expansions to existing recreational vehicle parks or campgrounds are recreational vehicles are allowed within any
prohibited in any floodplain district. Placement of recreational vehicles in floodplain district. if this section is not used,
existing recreational vehicle parks or campgrounds in the floodplain must recreational vehicle placement must be
meet the exemption criteria below or be treated as new structures meeting explicitly prohibited in floodplain districts.
the requirements of this ordinance.
9.21 Recreational vehicles are exempt from the provisions of this ordinance
if they are placed in any of the following areas and meet the criteria
listed in Section 9.22:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
(c) Existing condominium-type associations.
9.22 Criteria for Exempt Recreational Vehicles:
(a) The vehicle must have a current license required for highway use.
(b) The vehicle must be highway ready,meaning on wheels or the
internal jacking system,attached to the site only by quick
disconnect type utilities commonly used in campgrounds and
recreational vehicle parks.
(c) No permanent structural type additions may be attached to the
vehicle.
(d) The vehicle and associated use must be permissible in any pre- 9.22(e)is optional.Recreational vehicles in
existing,underlying zoning district. existing campgrounds may be allowed within
(e) Accessory structures are not permitted within the Floodway
the Floodway District if defined as a
July 2015 15
Ordinance Language Commentary
District.Any accessory structure in the Flood Fringe District must permitted or conditional use, but we
be constructed of flood-resistant materials and be securely recommend they be treated as a temporary
anchored,meeting the requirements applicable to manufactured use, without accessory structures and with an
homes in Section 9.22. emergency plan in place.
(f) An accessory structure must constitute a minimal investment
9.23 Recreational vehicles that are exempt in Section 9.22 lose this 9.22(f)and 9.23 are optional. Communities
exemption when development occurs on the site that exceeds a may apply a monetary limit such as$500 as a
minimal investment for an accessory structure such as a garage or threshold for a"minimal investment,"
storage building. The recreational vehicle and all accessory structures recognizing that this threshold will varyfrom
will then be treated as new structures subject to the elevation and place to place.
floodproofing requirements of Section 5.0 of this ordinance. No
development or improvement on the parcel or attachment to the
recreational vehicle is allowed that would hinder the removal of the
vehicle should flooding occur.
SECTION 10.0 ADMINISTRATION Many of the standards and procedures in this
10.1 Zoning Administrator: A Zoning Administrator or other official designated by section are likely to exist in other parts of the
the(Governing Body)must administer and enforce this ordinance. community's zoning ordinance,and may be
cross-referenced rather than repeated here.
However,the community must be able to
demonstrate that these procedures or
comparable ones are in place.
10.2 Permit Requirements:
10.21 Permit Required. A permit must be obtained from the Zoning The term"Zoning Administrator"is used
Administrator prior to conducting the following activities: throughout this section for ease of reference,
but in some communities the City Clerk or
(a) The erection,addition,modification,rehabilitation,or alteration other official may fill this role.
of any building,structure,or portion thereof. Normal
maintenance and repair also requires a permit if such work,
separately or in conjunction with other planned work,constitutes
a substantial improvement as defined in this ordinance.
(b) The use or change of use of a building,structure,or land.
(c) The construction of a dam,fence,or on-site septic system, The exemption for farm fences in(c)is
although a permit is not required for a farm fence as defined in optional.
this ordinance.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood,fire,
tornado,or any other source.
(f) The placement of fill,excavation of materials,or the storage of
materials or equipment within the floodplain.
Any change in the course,current or cross-
(g) Relocation or alteration of a watercourse-including new or section of public waters requires a public
replacement culverts and bridges),unless a public waters work waters work permit from the DNR under MN
permit has been applied for. Stat.103G.245.
(h) Any other type of"development"as defined in this ordinance.
10.22 Application for Permit. Permit applications must be submitted to the This section may cross-reference any other
Zoning Administrator on forms provided by the Zoning Administrator. permitting requirements in the zoning
The permit application must include the following as applicable: ordinance.
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Ordinance Language Commentary
(a) A site plan showing all pertinent dimensions,existing or proposed
buildings,structures,and significant natural features having an
influence on the permit.
(b) Location of fill or storage of materials in relation to the stream
channel.
(c) Copies of any required municipal,county,state or federal permits
or approvals.
(d) Other relevant information requested by the Zoning
Administrator as necessary to properly evaluate the permit
application.
10.23 Certificate of Zoning Compliance for a New,Altered,or Nonconforming
Use. No building, land or structure may be occupied or used in any
manner until a certificate of zoning compliance has been issued by the
Zoning Administrator stating that the use of the building or land
conforms to the requirements of this ordinance.
10.24 Certification. The applicant is 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 ordinance.
Floodproofing measures must be certified by a registered professional
engineer or registered architect.
10.25 Record of First Floor Elevation. The Zoning Administrator must
maintain a record of the elevation of the lowest floor(including
basement)of all new structures and alterations or additions to existing
structures in the floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations
or additions to structures are floodproofed.
10.26 Notifications for Watercourse Alterations. Before authorizing any
alteration or relocation of a river or stream,the Zoning Administrator
must notify adjacent communities. If the applicant has applied for a
permit to work in public waters pursuant to Minnesota Statutes,
Section 103G.245,this will suffice as adequate notice. A copy of the
notification must also be submitted to the Chicago Regional Office of
the Federal Emergency Management Agency(FEMA).
10.27 Notification to FEMA When Physical Changes Increase or Decrease
Base Flood Elevations. As soon as is practicable,but not later than six
months after the date such supporting information becomes available,
the Zoning Administrator must notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of the relevant technical or
scientific data.
10.3 Variances: Cross-reference all sections of the zoning
ordinance that regulate processing and
10.31 Variance Applications. An application for a variance to the provisions review of variance applications.Section 10.3
of this ordinance will be processed and reviewed in accordance with only contains DNR/FEMA—mandated
applicable state statutes and Section(s) of the regulatory¬ification provisions.
zoning ordinance/code.
10.32 Adherence to State Floodplain Management Standards. A variance Communities that administer zoning
must not allow a use that is not allowed in that district,permit a lower ordinances(including floodplain ordinances)
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Ordinance Language Commentary
degree of flood protection than the regulatory flood protection must establish a board of adjustment to hear
elevation for the particular area,or permit standards lower than those appeals of the ordinance,including variance
required by state law. requests. In many communities, the city
10.33 Additional Variance Criteria.The following additional variance criteria council,county board,or planning
of the Federal Emergency Management Agency must be satisfied: commission serves as the board of
adjustment. If a community does not have
(a) Variances must not be issued by a community within any existing variance procedures ora board of
designated regulatory floodway if any increase in flood levels adjustment,contact floodplain Program staff
during the base flood discharge would result. for sample ordinance language.
(b) Variances may only be issued by a community upon(i)a showing
of good and sufficient cause,(ii)a determination that failure to The language in Section 10.33(a—cJ is
grant the variance would result in exceptional hardship to the language required by FEMA and must be
applicant,and(iii)a determination that the granting of a variance adopted verbatim. Note specifically that the
will not result in increased flood heights,additional threats to reference to "exceptional hardship"in(b)(Y)
public safety,extraordinary public expense,create nuisances, must remain in the ordinance,although it has
cause fraud on or victimization of the public,or conflict with been replaced by the term practical
existing local laws or ordinances. difficulties"in state zoning enabling statutes.
(c) Variances may only be issued upon a determination that the
variance is the minimum necessary,considering the flood hazard,
to afford relief.
10.34 Flood Insurance Notice. The Zoning Administrator must notify the Section 10.34 is required by FEMA.
applicant for a variance that: 1)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 for
$100 of insurance coverage;and 2)Such construction below the base
or regional flood level increases risks to life and property. Such
notification must be maintained with a record of all variance actions.
10.35 General Considerations. The community may consider the following Section 10.35 is optional but recommended
factors in granting variances and imposing conditions on variances as guidance for communities in reviewing
and conditional uses in floodplains: variance applications. The same factors are
(a) The potential danger to life and property due to increased flood recommended for review of conditional use
heights or velocities caused by encroachments; applications,below.
(b) The danger that materials may be swept onto other lands or
downstream to the injury of others;
(c) The proposed water supply and sanitation systems,if any,and the
ability of these systems to minimize the potential for disease,
contamination and unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood
damage and the effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed
use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use
that are not subject to flooding;
(h) The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future;
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Ordinance Language Commentary
(i) The relationship of the proposed use to the Comprehensive Land
Use 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.
10.36 Submittal of Hearing Notices to the Department of Natural Resources
(DNR). The(designated body/community official)must submit
hearing notices for proposed variances to the DNR sufficiently in
advance to provide at least ten days'notice of the hearing. The notice
may be sent by electronic mail or U.S.Mail to the respective DNR area
hydrologist.
10.37 Submittal of Final Decisions to the DNR. A copy of all decisions
granting variances must be forwarded to the DNR within ten days of
such action. The notice may be sent by electronic mail or U.S.Mail to
the respective DNR area hydrologist.
10.38 Record-Keeping. The Zoning Administrator must maintain a record of
all variance actions,including justification for their issuance,and must
report such variances in an annual or biennial report to the
Administrator of the National Flood Insurance Program,when
requested by the Federal Emergency Management Agency.
10.4 Conditional Uses:
10.41 Administrative Review. An application for a conditional use permit Cross-reference any conditional use
under the provisions of this ordinance will be processed and reviewed procedures in the zoning ordinance,if these
in accordance with Section(s) of the zoning exist.If not,contact Floodplain Program staff
ordinance/code. for administrative language.
10.42 Factors Used in Decision-Making. In passing upon conditional use Section 10.42 is optional but recommended
applications,the(Governing Body)must consider all relevant factors as guidance for decisions on conditional uses
specified in other sections of this ordinance,and those factors (and variances,as noted above).
identified in Section 10.35 of this ordinance.
10.43 Conditions Attached to Conditional Use Permits. The(Governing Body) Section 10.43 is also optional;conditions are
may attach such conditions to the granting of conditional use permits intended to be specific to the particular site
as it deems necessary to fulfill the purposes of this ordinance. Such and proposed use.
conditions may include,but are not limited to,the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use,occupancy,and operation.
(c) Imposition of operational controls,sureties,and deed restrictions.
(d) Requirements for construction of channel modifications,
compensatory storage,dikes,levees,and other protective
measures.
(e) Floodproofing measures,in accordance with the State Building
Code and this ordinance. The applicant must submit a plan or
document certified by a registered professional engineer or
architect that the floodproofing measures are consistent with the
regulatory flood protection elevation and associated flood factors
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for the particular area.
10.44 Submittal of Hearing Notices to the Department of Natural Resources
(DNR). The(designated body/community official)must submit
hearing notices for proposed conditional uses to the DNR sufficiently
in advance to provide at least ten days'notice of the hearing.The
notice may be sent by electronic mail or U.S.Mail to the respective
DNR area hydrologist.
10.45 Submittal of Final Decisions to the DNR.A copy of all decisions
granting conditional uses must be forwarded to the DNR within ten
days of such action.The notice may be sent by electronic mail or U.S.
Mail to the respective DNR area hydrologist.
SECTION 11.0 NONCONFORMITIES
11.1 Continuance of Nonconformities:A use,structure,or occupancy of land
which was lawful before the passage or amendment of this ordinance but
which is not in conformity with the provisions of this ordinance may be
continued subject to the following conditions. Historic structures,as defined
in Section 2.939(b)of this ordinance,are subject to the provisions of Sections
11.11-11.16 of this ordinance.
11.11 A nonconforming use,structure,or occupancy must not be expanded, Buildings and structures within the Floodwav
changed,enlarged,or altered in a way that increases its flood damage District may not be enlarged or expanded. In
potential or degree of obstruction to flood flows except as provided in some cases,a floodway area can be filled
11.12 below. Expansion or enlargement of uses,structures or without causing any rise in flood stage.In
occupancies within the Floodway District is prohibited. such cases,a Letter of Map Revision may be
11.12 Any addition or structural alteration to a nonconforming structure or obtained that changes the floodway
nonconforming use that would result in increasing its flood damage boundary,placing the area in the Flood
potential must be protected to the regulatory flood protection Fringe. Contact Floodplain Program staff for
elevation in accordance with any of the elevation on fill or details.
floodproofing techniques(i.e., FP-1 thru FP-4 floodproofing
classifications)allowable in the State Building Code,except as further
restricted in 11.13 and 11.17 below.
11.13 If the cost of all previous and proposed alterations and additions Section 11.13 is optional but recommended,
exceeds 50 percent of the market value of any nonconforming in order to gradually eliminate
structure,then the entire structure must meet the standards of nonconformities overtime. Note that Section
Section 4.0 or 5.0 of this ordinance for new structures depending upon 11.17 refers to "substantial improvement,"
whether the structure is in the Floodway or Flood Fringe District, which is tracked over a one-year period.
respectively. 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.
11.14 If any nonconforming use,or any use of a nonconforming structure,is Section 11.14 reflects an optional provision in
discontinued for more than one year,any future use of the premises statute(462.357.1e(1)and 394.36)—local
must conform to this ordinance. The Assessor must notify the Zoning government may impose reasonable
Administrator in writing of instances of nonconformities that have conditions on the nonconforming use or
been discontinued for a period of more than one year. structure. Many communities have adopted
11.15 If any nonconformity is substantially damaged,as defined in Section similar provisions in their zoning ordinances.
2.938 of this ordinance,it may not be reconstructed except in Section 11.15 is specific to floodplain uses in
conformity with the provisions of this ordinance. The applicable state and federal statute,as distinct from the
provisions for establishing new uses or new structures in Sections 4.0 standard provisions for nonconformities in
or 5.0 will apply depending upon whether the use or structure is in the the Chapters 394 and 462.
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Ordinance Language Commentary
Floodway or Flood Fringe,respectively.
11.16 If any nonconforming use or structure experiences a repetitive loss,as Section 11.16 is optional but recommended,
defined in Section 2.935 of this ordinance,it must not be in order to gradually eliminate
reconstructed except in conformity with the provisions of this nonconformities that are frequently damaged
ordinance. but not to the"50%"level.
11.17 Any substantial improvement,as defined in Section 2.939 of this Section 11.17 is a mandatoryfederal
ordinance,to a nonconforming structure requires that the existing requirement. As defined, "substantial
structure and any additions must meet the requirements of Section improvement"is monitored over a one-year
4.0 or 5.0 of this ordinance for new structures,depending upon period.
whether the structure is in the Floodway or Flood Fringe District.
SECTION 12.0 PENALTIES AND ENFORCEMENT
12.1 Violation Constitutes a 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)constitute a misdemeanor and will be
punishable as defined by law.
12.2 Other Lawful Action:Nothing in this ordinance restricts the(Community)
from taking such other lawful action as is necessary to prevent or remedy
any violation. If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time,each additional day
that lapses will constitute an additional violation of this ordinance and will
be prosecuted accordingly.
12.3 Enforcement: Violations of the provisions of this ordinance will be Cross-reference any sections of the zoning
investigated and resolved in accordance with the provisions of Section(s)&st ordinance that deal with enforcement
relevant sections)of the zoning ordinance/code.In responding to a procedures. If such provisions don't exist,
suspected ordinance violation,the Zoning Administrator and(Governing contact Floodplain Program staff for sample
Body)may utilize the full array of enforcement actions available to it language.
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(Community)must act in good faith to enforce these official
controls and to correct ordinance violations to the extent possible so as not
to jeopardize its eligibility in the National Flood Insurance Program.
SECTION 13.0 AMENDMENTS
13.1 Floodplain Designation—Restrictions on Removal:The floodplain
designation on the Official Zoning Map must not be removed from floodplain
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 floodplain. Special
exceptions to this rule may be permitted by the Commissioner of the
Department of Natural Resources(DNR)if the Commissioner determines
that,through other measures,lands are adequately protected for the
intended use.
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Ordinance Language Commentary
13.2 Amendments Require DNR Approval:All amendments to this ordinance
must be submitted to and approved by the Commissioner of the Department
of Natural Resources(DNR)prior to adoption.The Commissioner must
approve the amendment prior to community approval.
13.3 Map Revisions Require Ordinance Amendments.The floodplain district
regulations must be amended to incorporate any revisions by the Federal
Emergency Management Agency to the floodplain maps adopted in Section
2.3 of this ordinance.
EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and
publication,as required by law and/or charter.
Adopted by the Board/City Council
(Community Name)
This of
(Day) (Month) (Year)
Attest: ,County Board Chairperson/Mayor
(Name of Elected Official)
Attest: County Administrator/City Clerk
(Name of Community Official)
Stamp With Community Seal:
July 2015 22
CHAPTER 155: FLOOD DAMAGE PREVENTION
Section
General Provisions
155.01 Statutory authorization
155.02 Findings of fact
155.03 Statement of purpose
155.04 Definitions
155.05 Lands to which this chapter applies
155.06 Adoption of maps
155.07 Regulatory flood protection elevation
155.08 Interpretation of chapter and maps
155.09 Abrogation and greater restrictions
155.10 Warning and disclaimer of liability
Zoning District Regulations
155.25 Establishment of zoning districts
155.26 Compliance with chapter
155.27 Floodway District(FW)
155.28 Flood Fringe District(FF)
155.29 General Floodplain District
155.30 Subdivisions
155.31 Public utilities,railroads,roads and bridges
155.32 Manufactured homes,manufactured home parks,travel trailers and travel vehicles
Administration and Enforcement
155.50 Zoning Administrator
155.51 Permit requirements
155.52 Certificate of zoning compliance
155.53 Construction and use to conform to applications,plans,permits and the like
155.54 Certification
155.55 Record of first floor elevation
155.56 Board of Adjustment
155.57 Conditional uses
155.58 Nonconforming uses and nonconforming structures
294 P a g e
155.59 Amendments
155.99 Penalty
GENERAL PROVISIONS
§ 155.01 STATUTORY AUTHORIZATION.
The legislature of the state has,in M.S. Chapter 103F and M.S. §462.357,as may be amended from
time to time,delegated the responsibility to local government units to adopt regulations designed to minimize
flood losses. Therefore,the City Council does ordain this chapter.
Ord. #33-A, adopted 04/12/1989
§ 155.02 FINDINGS OF FACT.
(A)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 for flood protection and relief and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(B)This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of Natural Resources.
Ord. #33-A, adopted 04/12/1989
§ 155.03 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize
those losses described in § 155.02 by the provisions contained in this chapter.
Ord. #33-A, adopted 04/12/1989
§ 155.04 DEFINITIONS.
For the purpose of this chapter,the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
295 1 P a g e
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with and of a nature
customarily incidental and subordinate to the principal use or structure.
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.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be
allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as
provided in the official zoning controls or building codes and upon a finding that certain conditions as
detailed in the zoning chapter exist and the structure and land use plan,if one exists,are compatible with
the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway
boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate
share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. The term is synonymous
with the term FLOODWAY FRINGE used in the flood insurance study for the city.
FLOODPLAIN. The beds proper and the areas adjoining a wetland,lake or watercourse which have
been or hereafter may be covered by the regional flood.
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.
FLOOD WAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the
adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
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 floodplain which may impede,
retard or change the direction of the flow of water,either in itself or by catching or collecting debris
carried by the water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or human-made obstruction. In an urban area,the segment of a stream or river
between two consecutive bridge crossings would most typically constitute a REACH.
296 1 Page
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100-year recurrence interval. The term is synonymous with the term
BASE FLOOD used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above
the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site
utilities, including but not limited to buildings,factories, sheds,detached garages, cabins,manufactured
homes,travel trailers or vehicles not meeting the exemption criteria specified in § 155.32(C)and other
similar items.
VARIANCE. A modification of a specific permitted development standard required in an official
control,including this chapter,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 as defined and elaborated upon in a community's respective
planning and zoning enabling legislation.
Ord. #33-A, adopted 04/12/1989
§ 155.05 LANDS TO WHICH THIS CHAPTER APPLIES.
This chapter shall apply to all lands within the jurisdiction of the city shown on the official zoning map
and the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts.
Ord. #33-A, adopted 04/12/1989
§ 155.06 ADOPTION OF MAPS.
The official zoning map together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this chapter. The attached material shall include the flood insurance study for the city
prepared by the Federal Insurance Administration and Flood Insurance Rate Map dated 6-2-1999. The official
zoning map shall be on file in the office of the Administrator and the County Auditor.
Ord. #33-A, adopted 04/1211989
§ 155.07 REGULATORY FLOOD PROTECTION ELEVATION.
297 1 Page
(A)Residential zoning district. Within a residential zoning district,the regulatory flood protection elevation
shall be an elevation no lower than two feet above the elevation of the regional flood plus any increases
in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
(B)Commercial and industrial zoning districts. Within a commercial and industrial zoning district,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 floodplain that
result from designation of a floodway.
Ord. 933-A, adopted 0411211989, Ord. amended 0110911991, Ord. amended 0912311992
§ 155.08 INTERPRETATION OF CHAPTER AND MAPS.
(A)In its interpretation and application,the provisions of this chapter shall be held to be minimum
requirements and shall be liberally construed in favor of the City Council,and shall not be deemed a
limitation or repeal of any other powers granted by state law.
(B)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 will be
based on elevations on the regional 100-year flood profile and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable opportunity to present their
case to the Board of Adjustment and to submit technical evidence.
Ord. #33-A, adopted 0411211989
§ 155.09 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal, abrogate or impair any existing easements,covenants or deed
restrictions. However,where this chapter imposes greater restrictions,the provisions of this chapter shall
prevail.
Ord. #33-A, adopted 0411211989
§ 155.10 WARNING AND DISCLAIMER OF LIABILITY.
This chapter does not imply that areas outside the floodplain districts or land uses permitted within those
districts will be free from flooding or flood damages. This chapter shall not create liability on the part of city or
any officer or employee thereof for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made thereunder.
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Ord. #33-A, adopted 04/12/1989
ZONING DISTRICT REGULATIONS
§ 155.25 ESTABLISHMENT OF ZONING DISTRICTS.
(A)FloodwsW District. The Floodway District shall include those areas designated as floodway on the
Flood Insurance Rate Map.
(B)Flood Fringe District. The Flood Fringe District shall include those areas designated as zones A and
AE that are located outside of the Floodway District.
§ 155.26 COMPLIANCE WITH CHAPTER.
(A)No new structure or land shall hereafter be used and no structure shall be located, extended,converted or
structurally altered without full compliance with the terms of this chapter and other applicable
regulations which apply to uses within the jurisdiction of this chapter. Within the Floodway and Flood
Fringe Districts,all uses not listed as permitted uses or conditional uses, shall be prohibited.
(B)In addition,a caution is provided here that:
(l) New manufactured homes,replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this chapter;
(2) Modifications, additions, structural alterations or repair after damage to existing nonconforming
structures and nonconforming uses of structures or land are regulated by the general provisions
of this chapter;and
(3) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys,
and flood-proofing techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this chapter.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§155.27 FLOODWAY DISTRICT(FW).
(A)Permitted uses.
(1) General farming,pasture,grazing,outdoor plant nurseries,horticulture, truck farming, forestry,
sod farming and wild crop harvesting;
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(2) Industrial-commercial loading areas,parking areas and airport landing strips;
(3) Private and public golf courses,tennis courts,driving ranges, archery ranges,picnic grounds,
boat launching ramps, swimming areas,parks,wildlife and nature preserves,game farms,fish
hatcheries, shooting preserves,target ranges,trap and skeet ranges,hunting and fishing areas,
and single or multiple-purpose recreational trails;and
(4) Residential lawns, gardens,parking areas and play areas.
(B)Standards for floodway permitted uses.
(1) The use shall have a low flood damage potential;
(2) The use shall be permissible in the underlying zoning district,if one exists;and
(3) The use shall not obstruct flood flows or increase flood elevations and shall not involve
structures,fill obstructions, excavations or storage of materials or equipment.
(C)Conditional uses.
(1) Structures accessory to the uses listed in this section;
(2) Extraction and storage of sand, gravel and other materials as well as associated accessory
structures;
(3) Marinas,boat rentals, docks,piers,wharves and water control structures;
(4) Storage yards for equipment,machinery or materials;
(5) Placement of fill;
(6) Travel trailers and travel vehicles either on individual lots of record or in existing or new
subdivisions or commercial or condominium type campgrounds, subject to the specific
regulation of these uses contained in this chapter;and
(7) Structural works for flood control such as levees,dikes and floodwalls constructed to any height
where the intent is to protect individual structures and levees or dikes,where the intent is to
protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency
flood event.
(D)Standards forfloodway conditional uses.
(1) For all uses,no structure(temporary or permanent),fill(including fill for roads and levees),
deposit,obstruction,storage of materials or equipment or other uses may be allowed as a
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conditional use that will cause any increase in the stage of the 100-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
(2) All floodway conditional uses shall be subject to the procedures and standards for conditional
use permits.
(3) The conditional use shall be permissible in the underlying zoning district if one exists.
(4) (a) Fill,dredge spoil and other similar materials deposited or stored in the floodplain
shall be protected from erosion by vegetative cover, mulching, rip-rap or other
acceptable method.
(b) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodway unless a long-term site development plan is submitted which includes
an erosion and sedimentation prevention element to the plan.
(5) (a) Accessory structures shall not be designed for human habitation.
(b) Accessory structures,if permitted,shall be constructed and placed on the building
site so as to offer the minimum obstruction to the flow of floodwaters. Whenever
possible, structures shall be constructed with the longitudinal axis parallel to the
direction of flood flow, and so far as practicable, structures shall be placed
approximately on the same flood flow lines as those of adjoining structures.
(c) Accessory structures shall be elevated on fill or structurally dry flood-proofed in
accordance with the FP-1 or FP-2 flood-proofing classifications in the Minnesota
Building Code. As an alternative,an accessory structure may be flood-proofed to
the FP-3 or FP4 flood-proofing classification in the Minnesota Building Code,
provided the accessory structure constitutes a minimal investment,does not
exceed 500 square feet in size and,for a detached garage,the detached garage
must be used solely for parking of vehicles and limited storage. All flood-proof
accessory structures must meet the following additional standards as appropriate:
1. The structure must be adequately anchored to prevent floatation, collapse
or lateral movement of the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls;and
2. Any mechanical and utility equipment in a structure must be elevated to or
above the regulatory flood protection elevation or properly flood-proofed.
(6) Storage of materials and equipment:
(a) The storage or processing of materials that are,in time of flooding, flammable, explosive
or potentially injurious to human, animal or plant life is prohibited;and
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(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(7) Structural works for flood control that will change the course,current or cross-section of
protected wetlands or public waters shall be subject to the provisions of M.S. Chapter 103F,as
amended. Community-wide structural works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
(8) A levee,dike or floodwall constructed in the floodway shall not cause an increase to the 100-
year or regional flood and the technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
Penalty,see § 155.99
Ord. #33-A, adopted 0411211989, Ord. amended 0512411990
§ 155.28 FLOOD FRINGE DISTRICT(FF).
(A)Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the
underlying zoning use districts. If no pre-existing, underlying zoning use districts exist,then any
residential or nonresidential structure or use of a structure or land shall be a permitted use in the flood
fringe,provided the use does not constitute a public nuisance. All permitted uses shall comply with the
standards for flood fringe permitted and the standards for all flood fringe permitted and conditional uses
listed in this chapter.
(B)Standards for FF permitted uses.
(1) All structures,including accessory structures,must be elevated on fill so that the lowest floor
including basement floor is at or above the regulatory flood protection elevation. The finished
fill elevation for structures shall be no lower than one foot below the regulatory flood protection
elevation,and the fill shall extend at that elevation at least 15 feet beyond the outside limits of
the structure erected thereon.
(2) As an alternative to elevation on fill, accessory structures that constitute a minimal investment
and that do not exceed 500 square feet for the outside dimension at ground level may be
internally flood-proofed in accordance with this chapter.
(3) The cumulative placement of fill where at any one time in excess of 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.
(4) The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
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(C)Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance with this
chapter or any use of land that does not comply with the standards in divisions(B)(3)and(B)(4)of this
section 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 this chapter
(D)Standards for FF conditional uses.
(1) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's
lowest floor above the regulatory flood protection elevation. These alternative methods may
include the use of stilts,pilings,parallel walls and the like, 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. the enclosed area is above grade
on at least one side of the structure;the enclosed area is designed to flood internally and is
constructed with flood-resistant materials;and the enclosed area is used solely for parking of
vehicles,building access or storage. The above-noted alternative elevation methods are subject
to the following additional standards:
(a) Design and certification. The structure's design and as-built condition must be certified
by a registered professional engineer or architect as being in compliance with the general
design standards of the Minnesota Building Code and, specifically,that all electrical,
heating,ventilation,plumbing and air conditioning equipment and other service facilities
must be at or above the regulatory flood protection elevation or be designed to prevent
floodwater from entering or accumulating within these components during times of
flooding.
(b) Specific standards for above-grade,enclosed areas. Above-grade,fully enclosed areas
such as crawl spaces or tuck-under garages must be designed to flood internally, and the
design plans must stipulate:
1. The minimum area of openings in the walls where internal flooding is to be used
as a flood-proofing technique. When openings are placed in a structure's walls to
provide for entry of floodwaters to equalize pressures,the bottom of all openings
shall be no higher than one foot above grade. Openings may be equipped with
screens, louvers,valves or other coverings or devices;provided,that they permit
the automatic entry and exit of floodwaters;and
2. That the enclosed area will be designed of flood-resistant materials in accordance
with the FP-3 or FP-4 classifications in the Minnesota Building Code and shall be
used solely for building access,parking of vehicles or storage.
(2) Basements,as defined in this chapter,shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood
protection elevation; and
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(b) Nonresidential basements may be allowed below the regulatory flood protection
elevation;provided,that the basement is structurally dry flood-proofed in accordance
with this chapter.
(3) All areas of nonresidential 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 Minnesota Building Code. Structurally dry flood-proofing must
meet the FP-I or FP-2 flood-proofing classification in the Minnesota 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 buoyancy. Structures
flood-proofed to the FP-3 or FP-4 classification shall not be permitted.
(4) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a
parcel for activities such as on-site storage,landscaping,sand and gravel operations,landfills,
roads,dredge spoil disposal or construction of flood control works,an erosion and sedimentation
control plan must be submitted unless the community is enforcing a state-approved shoreland
management ordinance. In the absence of a state-approved shoreland ordinance,the plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of
the 100-year or regional flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the City Council. The plan may
incorporate alternative procedures for removal of the material from the floodplain if adequate
flood warning time exists.
(5) Storage of materials and equipment:
(a) The storage or processing of materials that are,in time of flooding, flammable explosive,
or potentially injurious to human, animal or plant life is prohibited;and
(b) Storage of other materials or equipment may be allowed if readily removable from the
area within the time available after a flood warning and in accordance with a plan
approved by the City Council.
(E)Standards for all FF uses.
(1) All new principal structures must have vehicular access at or above an elevation not more than
two feet below the regulatory flood protection elevation. if a variance to this requirement is
granted,the Board of Adjustment must specify limitations on the period of use or occupancy of
the structure for times of flooding and only after determining that adequate flood warning time
and local flood emergency response procedures exist.
(2)For 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 these
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
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inundated to a depth greater than two feet or be subject to flood velocities greater than four feet
per second upon occurrence of the regional flood.
(3) For manufacturing and industrial uses,measures shall be taken to minimize interference with
normal plant operations,especially along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at lower elevations subject to
requirements set out in this section. In considering permit applications,due consideration shall
be given to needs of an industry whose business requires that it be located in floodplain areas.
(4) Fill shall be properly compacted and the slopes shall be properly protected by the use of rip-rap,
vegetative cover or other acceptable method. The Federal Emergency Management Agency
(FEMA)has established criteria for removing the special flood hazard area designation for
certain structures properly elevated on fill above the 100-year flood elevation. FEMA's
requirements incorporate specific fill compaction and side slope protection standards for multi-
structure or multi-lot developments. These standards should be investigated prior to the
initiation of site preparation if a change of special flood hazard area designation will be
requested.
(5) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and
adjoining floodplain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning map.
(6) Standards for travel trailers and travel vehicles are contained in this chapter
(7) All manufactured homes must be securely anchored to an adequately anchored foundation
system that resists floatation, collapse and lateral movement. Methods of anchoring may include
but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state or local anchoring requirements for resisting wind forces.
Penalty, see § 155.99
Ord. #33-A, adopted 0411211989
§ 155.29 GENERAL FLOODPLAIN DISTRICT.
(A)Permissible uses.
(1) The uses listed in the floodway FW district shall be permitted uses.
(2) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to this
section.
(B)Procedures for floodway and flood fringe determinations within the General Floodplain District.
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(1) Upon receipt of an application for a conditional use permit for a use within the General
Floodplain District,the applicant shall be required to furnish any of the following information as
is deemed necessary by the Zoning Administrator for the determination of the regulatory flood
protection elevation and whether the proposed use is within the Floodway or Flood Fringe
District:
(a) A typical valley cross-section showing the channel of the stream,elevation of land areas
adjoining each side of the channel,cross-sectional areas to be occupied by the proposed
development and high water information;
(b) Plan(surface view)showing elevations or contours of the ground;pertinent structure,fill
or storage elevations;size, location and spatial arrangement of all proposed and existing
structures on the site; location and elevations of streets;photographs showing existing
land uses and vegetation upstream and downstream;and soil type;and/or
(c) Profile showing the slope of the bottom of the channel or flow line of the stream for at
least 500 feet in either direction from the proposed development.
(2) The applicant shall be responsible to submit one copy of the above information to a designated
engineer or other expert person or agency for technical assistance in determining whether the
proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood
protection elevation. Procedures consistent with Minn.Rules parts 6120.5000 through
6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is
strongly encourage to discuss the proposed technical evaluation methodology with the respective
Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood;
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis
of the stream channel and overbank areas;and
(c) Compute the floodway necessary to convey or store the regional flood without increasing
flood stages more than one-half foot. A lesser stage increase than one-half foot shall be
required if;as a resolution of the additional stage increase,increased flood damages
would result. An equal degree of encroachment on both sides of the stream within the
reach shall be assumed in computing floodway boundaries.
(3) The Zoning Administrator shall present the technical evaluation and findings of the designated
engineer or expert to the City Council. The City Council must formally accept the technical
evaluation and the recommended Floodway 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 and Zoning Commission for review and comment. Once the
Floodway and Flood Fringe Boundaries have been determined,the City Council shall refer the
306 1 Page
matter back to the Zoning Administrator who shall process the permit application consistent with
the applicable provisions of this chapter.
Penalty,see§ 155.99
Ord. #33-A, adopted 04/1211989, Ord. amended 0112611994
§ 155.30 SUBDIVISIONS.
(A)Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate
drainage,water supply or sewage treatment facilities. All lots within the floodplain districts shall
contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this chapter and have road
access both to the subdivision and to the individual building sites no lower than two feet below the
regulatory flood protection elevation. For all subdivisions in the floodplain,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 subdivision drawings and platting documents.
(B)Removal of specialflood hazard area designation. The Federal Emergency Management Agency
(FEMA)has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot
developments. These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
(C)Scope of section. This section is not intended as a substitute for a comprehensive city or county
subdivision ordinance. It can,however,be used as an interim control until the comprehensive
subdivision ordinance can be amended to include necessary floodplain management provisions.
Penalty, see § 155.99
Ord. 1133 A, adopted 0411211989, Ord. amended 0512411990
§ 155.31 PUBLIC UTILITIES,RAILROADS,ROADS AND BRIDGES.
(A)Public utilities. All public utilities and facilities such as gas,electrical, sewer and water supply systems
to be located in the floodplain shall be flood-proofed in accordance with the Minnesota Building Code
or elevated to above the regulatory flood protection elevation.
(B)Public transportation facilities. Railroad tracks,roads and bridges to be located within the floodplain
shall comply with Floodway and Flood fringe requirements of this chapter. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of these transportation facilities
would result in danger to the public health or safety or where these facilities are essential to the orderly
307 1 Page
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
(C)On-site sewage treatment and water supply systems. Where public utilities are not provided, on-site
water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the
systems,and new or replacement on-site sewage treatment systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters,
and they shall not be subject to impairment or contamination during times of flooding. Any sewage
treatment system designed in accordance with the state's current statewide standards for on-site sewage
treatment systems shall be determined to be in compliance with this section.
Penalty, see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.32 MANUFACTURED HOMES,MANUFACTURED HOME PARKS,TRAVEL TRAILERS
AND TRAVEL VEHICLES.
(A)New manufactured home parks and expansions to existing mobile manufactured home parks shall be
subject to the provisions placed on subdivisions in this chapter.
(B) (1) The placement of new or replacement manufactured homes in existing manufactured
home parks or on individual lots of record that are located in floodplain districts will be
treated as a new structure and may be placed only if elevated in compliance with this
chapter. If vehicular road access for pre-existing manufactured home parks is not
provided in accordance with access requirements to new developments,then replacement
manufactured homes will not be allowed until the property owner develops a flood
warning emergency plan acceptable to the City Council.
(2) All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists floatation, collapse and lateral movement. Methods of
anchoring may include but are not to be limited to use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable state or local anchoring
requirements for resisting wind forces.
(C)Travel trailers and travel vehicles that do not meet the exemption criteria specified in division this
section shall be subject to the provisions of this chapter and as specifically spelled out in this section.
(1) Exemption: travel trailers and travel vehicles are exempt from the provisions of this chapter if
they are placed in any of the areas listed in division(C)(2)of this section and further meet the
following criteria:
(a) Have current licenses required for highway use;
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(b) Are highway-ready,meaning on wheels or the internal jacking system;are attached to the
site only by quick disconnect-type utilities commonly used in campgrounds and trailer
parks;and the travel trailer/travel vehicle has no permanent structural type additions
attached to it;and
(c) The travel trailer or travel vehicle and associated use must be permissible in any pre-
existing,underlying zoning use district.
(2) Areas exempted for placement of travel/recreational vehicles:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(3) Travel trailers and travel vehicles exempted this section lose this exemption when development
occurs on the parcel exceeding$500 for a structural addition to the travel trailer/travel vehicle or
an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and
all additions and accessory structures will then be treated as a new structure and shall be subject
to the elevation and flood-proofing requirements and the use of land restrictions of this chapter.
(4) New commercial travel trailer or travel vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar use
exceeding five units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway
or Flood Fringe Districts;provided, the trailer or vehicle and its contents are placed on
fill above the regulatory flood protection elevation and proper elevated road access to the
site exists in accordance with this chapter. Any fill placed in a floodway for the purpose
of elevating a travel trailer shall be subject to the floodway requirements of this chapter.
(b) 1. All new or replacement travel trailers or travel vehicles not meeting the
criteria of this section may, as an alternative,be allowed as a conditional
use if in accordance with the following provisions and the procedural
requirements for conditional uses contained in this chapter.
2. The applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100-year flood. This plan shall be
prepared by a registered engineer or other qualified individual and shall
demonstrate that adequate time and personnel exist to carry out the
evacuation.
3. All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
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as to not be impaired or contaminated during times of flooding in
accordance with city code and Minnesota statutes and rules.
Penalty, see § 155.99
Ord. #33-A, adopted 0411211989, Ord. amended 0711411993
ADMINISTRATION AND ENFORCEMENT
§ 155.50 ZONING ADMINISTRATOR.
A Zoning Administrator designated by the City Council shall administer and enforce this chapter. If the
Zoning Administrator finds a violation of the provisions of this chapter,the Zoning Administrator shall notify
the person responsible for the violation in accordance with the procedures stated in this chapter.
Ord. #33-A, adopted 4/1211989
§ 155.51 PERMIT REQUIREMENTS.
(A)Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this
chapter shall be secured prior to the erection, addition or alteration of any building, structure or portion
thereof,prior to the use or change of use of a building, structure or land;prior to the change or extension
of a nonconforming use;and prior to the placement of fill, excavation of materials or the storage of
materials or equipment within the floodplain.
(B)Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator
on forms furnished by the Zoning Administrator and shall include the following where applicable:plans
in duplicate drawn to scale,showing the nature,location, dimensions and elevations of the lot;existing
or proposed structures,fill or storage of materials; and the location of the foregoing in relation to the
stream channel.
(C)State and federal permits. Prior to granting a permit or processing an application for a conditional use
permit or variance,the Zoning Administrator shall determine that the applicant has obtained all
necessary state and federal permits.
Penalty,see§ 155.99
Ord. 933-A, adopted 04/12/1989
§ 155.52 CERTIFICATE OF ZONING COMPLIANCE.
It shall be unlawful to use,occupy or permit the use or occupancy of any building or premises or part
thereof hereafter created,erected,changed, converted,altered or enlarged in its use or structure until a
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certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the
building or land conforms to the requirements of this chapter.
Penalty, see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.53 CONSTRUCTION AND USE TO CONFORM TO APPLICATIONS,PLANS,PERMITS AND
THE LIKE.
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 the approved plans and
applications,and no other use, arrangement or construction. Any use,arrangement or construction at variance
with that authorized shall be deemed a violation of this chapter and punishable as provided by§ 155.99.
Penalty, see§ 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.54 CERTIFICATION.
The applicant shall be required to submit certification by a registered professional engineer,registered
architect or registered land surveyor that the finished fill and building elevations were accomplished in
compliance with the provisions of this chapter. Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
Penalty, see § 155.99
Ord. #33-A, adopted 04/12/1989
§ 155.55 RECORD OF FIRST FLOOR ELEVATION.
The Zoning Administrator shall maintain a record of the elevation of the lowest floor(including
basement)of all new structures and alterations or additions to existing structures in the floodplain. The Zoning
Administrator shall also maintain a record of the elevation to which structures and alterations or additions to
structures are flood-proofed.
Ord. #33-A, adopted 04112/1989
§ 155.56 BOARD OF ADJUSTMENT.
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(A)Rules. The Planning and Zoning Commission and the City Council shall act as the Board of
Adjustment. The Planning and Zoning Commission shall investigate the matter,make findings of fact
and recommendation to the City Council who shall render a decision.
(B)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 chapter.
(C)Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terms of this chapter as will not be contrary to the public interest and only for those
circumstances such as hardship,practical difficulties or circumstances unique to the property under
consideration,as provided for in the respective enabling legislation for planning and zoning for cities or
counties as appropriate. In the granting of the variance,the Board of Adjustment shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in the respective
enabling legislation which justified the granting of the variance. No variance shall have the effect of
allowing in any district uses prohibited in that district,permit a lower degree of flood protection than the
regulatory flood protection elevation for the particular area or permit standards lower than those required
by state law.
(D)Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning
Administrator,or an application for a variance,the Board of Adjustment shall fix a reasonable time for a
hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall
submit by mail to the Commissioner of Natural Resources a copy of the application for proposed
variances sufficiently in advance so that the Commissioner will receive at least ten days'notice of the
bearing.
(E)Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within 60 days.
In passing upon an appeal,the Board of Adjustment may, so long as the action is in conformity with the
provisions of this chapter,reverse or affirm,wholly or in part,or modify the order,requirement,
decision or determination of the Zoning Administrator or other public official. It shall make its decision
in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance,the
Board of Adjustment may prescribe appropriate conditions and safeguards,which are in conformity with
the purposes of this chapter. Violations of these conditions and safeguards,when made a part of the
terms under which the variance is granted,shall be deemed a violation of this chapter. A copy of all
decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(F)Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this
community's official controls and also state law.
(G)Flood insurance notice and recordkeeping. The Zoning Administrator shall notify the applicant for a
variance that 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 for$100 of insurance
coverage,and that this construction below the 100-year or regional flood level increases risks to life and
property. This notification shall be maintained with a record of all variance actions. A community shall
312 1 P a g e
maintain a record of all variance actions, including justification for their issuance,and report variances
issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance
Program.
Ord. #33-A, adopted 0411211989, Ord. amended 05/2411990
§ 155.57 CONDITIONAL USES.
(A)Generally. The City Council shall decide applications for conditional uses permissible under this
chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application
to the Planning and Zoning Commission for review and consideration. The Planning and Zoning
Commission shall make a recommendation to the City Council. The City Council shall,following such
hearings it considers necessary,consider the matter and render a decision.
(B)Hearings. The Planning and Zoning Commission shall follow the hearing and notice procedures for
conditional uses contained in the Zoning Chapter of this code in making its recommendation to the City
Council. Upon filing with the City Council an application for a conditional use permit,the city shall
submit by mail to the Commissioner of Natural Resources a copy of the application for the proposed
conditional use sufficiently in advance so that the Commissioner will receive at least ten days'notice of
the hearing.
(C)Decisions. The City Council shall arrive at a decision on a conditional use within the time requirements
of ordinance or state law. In granting a conditional use permit,the City Council shall prescribe
appropriate conditions and safeguards which are in conformity with the purposes of this chapter.
Violations of these conditions and safeguards,when made a part of the terms under which the
conditional use permit is granted,shall be deemed a violation of this chapter. A copy of all decisions
granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources
within ten days of the action.
(D)Procedures to be followed by the city in passing on conditional use permit applications within all
floodplain districts.
(1) Require the applicant to fiunish any of the following information and additional information as
deemed necessary by the city for determining the suitability of the particular site for the
proposed use: plans in triplicate drawn to scale showing the nature,location, dimensions and
elevation of the lot, existing or proposed structures, fill storage of materials,flood-proofing
measures, and the relationship of the above to the location of the stream channel; and
specifications for building construction and materials,flood-proofing, filling,dredging,grading,
channel improvement,storage of materials,water supply and sanitary facilities;
(2) Transmit one copy of the information 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;and
313 1 Page
(3) Based on the technical evaluation of the designated engineer or expert,the city shall determine
the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to
the flood hazard.
(E)Factors upon which the decision of the city shall be based. In passing upon conditional use applications,
the city shall consider all relevant factors specified in other sections of this chapter and:
(1) The danger to life and property due to increased flood heights or velocities caused by
encroachments;
(2) 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;
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent
disease,contamination and unsanitary conditions;
(4) The susceptibility of the proposed facility and its contents to flood damage and the effect of that
damage on the individual owner;
(5) The importance of the services provided by the proposed facility to the community;
(6) The requirements of the facility for a waterfront location;
(7) The availability of alternative locations not subject to flooding for the proposed use;
(8) The compatibility of the proposed use with existing development and development anticipated in
the foreseeable future;
(9) The relationship of the proposed use to the Comprehensive Plan and Floodplain Management
Program for the area;
(10) The safety of access to the property in times of flood for ordinary and emergency
vehicles;
(11) The expected heights,velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site;and
(12) Other factors which are relevant to the purposes of this chapter.
(H)Time for acting on application. The city shall act on an application in the manner described above
within 60 days from receiving the application, except where the city is granted an extension of time in
which to make the decision.
(I) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the
purpose of this chapter,the City Council shall attach any conditions to the granting of conditional use
314 1 Page
permits as it deems necessary to fulfill the proposes of this chapter. These conditions may include but
are not limited to the following:
(1) Modification of waste treatment and water supply facilities;
(2) Limitations on period of use,occupancy and operation;
(3) Imposition of operational controls, sureties and deed restrictions;
(4) Requirements for construction of channel modifications,compensatory storage,dikes, levees and
other protective measures;and
(5) Flood-proofing measures, in accordance with the Minnesota Building Code and this chapter.
The applicant shall submit a plan or document certified by a registered professional engineer or
architect that the flood-proofing measures are consistent with the regulatory flood protection
elevation and associated flood factors for the particular area.
Ord. #33-A, adopted 04/12/1989
§ 155.58 NONCONFORMING USES AND NONCONFORMING STRUCTURES.
(A)A structure or the use of a structure or premises which was lawful before the passage or amendment of
this chapter but which is not in conformity with the provisions of this chapter may be continued subject
to the following conditions:
(1) No use shall be expanded, changed, enlarged or altered in a way which increases its
nonconformity;
(2) Any alteration or addition to a nonconforming structure or nonconforming use which would
result in increasing the flood damage potential of that structure or use shall be protected to the
regulatory flood protection elevation in accordance with any of the elevation, fill or flood-
proofing techniques(such as FP-1 through FP4 flood-proofing classifications)allowable in the
Minnesota Building Code, except as further restricted this section;and
(3) The cost of any structural alterations or additions to any nonconforming structure over the life of
the structure shall not exceed 50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural alterations and additions
constructed since the adoption of the community's initial floodplain controls must be calculated
into today's current cost which will include all costs such as construction materials and a
reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market value of the structure, then the
structure must meet the standards of this chapter for new structures,depending upon whether the
structure is in the Floodway or Flood Fringe District,respectively.
315 1 Page
(B)If any nonconforming use is discontinued for 12 consecutive months,any future use of the building
premises shall conform to this chapter. The assessor shall notify the Zoning Administrator in writing of
instances of nonconforming uses which have been discontinued for a period of 12 months.
(C)If any nonconforming use or structure is destroyed by any means,including floods,to an extent of 50
percent or more of its market value at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter. The applicable provisions for establishing new uses or
new structures contained in this chapter will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe District,respectively.
Ord. 933-A, adopted 04/1211989
§ 155.59 AMENDMENTS.
(A)The floodplain designation on the official zoning map shall not be removed from floodplain areas unless
it can be shown that the designation is in error or that the area has been filled to or above the elevation of
the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may
be permitted by the Commissioner of Natural Resources if he or she determines that,through other
measures,lands are adequately protected for the intended use.
(B)All amendments to this chapter,including amendments to the official zoning map,must be submitted to
and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official
zoning map must meet the Federal Emergency Management Agency's technical conditions and criteria
and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must
be given ten days' written notice of all hearings to consider an amendment to this chapter and the notice
shall include a draft of the ordinance amendment or technical study under consideration.
Ord. #33-A, adopted 04/12/1989
§ 155.99 PENALTY.
Any person violating any provision of this chapter shall be guilty of a misdemeanor.
Ord. #33-A, adopted 04/12/1989
316 1 Page
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Table of Contents
A. Introduction.............................................................................3
B. Systems Guidelines................................................................. 9
C. Standards for Private Development............................................9 9
January 4,2006 Page 1 of 34
met 10
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Downtown Redevelopment Task Force Members:
Kevin Amundsen Rick Terway
Bill Bisek Mike Thinesen
Jenny Dosch Tom Wood
Jennifer Klennert Mayor Mary Capra
Tom Lee John Meyer, City Financial Dir.
D. Love Dallas Larson, City Administrator
Mark Pangell
Consultant Team:
Damon Farber Associates Benshoof&Associates KKE Architects, Inc.
923 Nicollet Mall,Suite 200 10417 Excelsior Blvd, Suite 2 300 First Avenue N.
Mpls, MN 55402 Hopkins, MN 55343 Mpls, MN 55401
web:www.damonfarber.com web:www.benshoof.com web: www.kke.com
ph: 612.332.7522 ph:952.238.1667 ph: 612.332.4200
We would like to thank the Downtown Redevelopment Task Force, the
many concerned citizens, business owners, City Staff, County Staff and
local politicians who contributed their time and ideas to the Master Plan. It
is the dedication and hard work of such individuals that make Centerville a
thriving community today and will provide vision for its future.
January 4,2006 Page 2 of 34
A. INTRODUCTION
A. I. Intent of the Master Plan&
Development Guidelines
The Downtown Area Master Plan&
Development Guidelines propose
recommendations that will reinforce and
guide public/private investment in a manner
that will strengthen the viability of the area
and recommend Downtown Centerville as a
community destination of the highest
quality. The Master Plan is intended to
guide the form and character of
development within downtown for the next
twenty years.
TradtimW Mond-Wo Downtown
In the summer of 2005, Damon Farber
Associates was commissioned by the City Mixed-Use neighborhood and downtown
of Centerville to lead a community task area.
force to prepare a master plan, a set of
design guidelines and zoning amendments. - A framework of transportation
The purpose of the Master Plan& improvements needed to support the
Development Guidelines is to establish an redevelopment of the area and to create
appropriate framework for future appropriate levels of parking as well as
redevelopment of downtown as a vibrant vehicular,bicycle and pedestrian access to
Mixed-Use destination,to incorporate: the downtown.
• A set of design standards to guide the
architectural quality of new development
within the downtown area.
While subject to the following regulations
and guidelines,the plan layout shall be
flexible to respond to physical site
constraints,end users' needs,community
desires and a changing market.
The market analysis performed by the
McCombs Group in the Fail of 2005 helped
to define the overall quantity of retail,
t ooldnp south on ua Road at Main sd..r commercial and residential that could occur
• An overall vision for redevelopment
within the next twenty years.
of the area,including the pattern,form and The market analysis projects that the City of
character of new development and open Centerville will be able to sustain a total of
space in the interest of creating a cohesive 230,700 square feet of merchandise and
January 4,2006 Page 3 of 34
.. x
appropriate design standards. A range
• Minimize the impact of automobiles into of housing types will be available In
the setting through strategies such a shared downtown, each meeting high design
parking', in which adjacent land uses having standards. Centerville will meet the
different peak-hour parking demands can challenge of managing growth while
share parking facilities. enhancing the historic small town flavor,
safety and strong sense of community
• Improve access to and from County that has attracted people to live hen."
State Aid Highways 14 and 21.
- Task Force Won Statement
• Achieve"traffic calming"benefits
through:an integrated street network, History of Centerville
provision of options for traffic flow,the Centerville has a rich French-Canadian
design of streets with adequate width, and history with the first white settlers arriving to
the provision of on-*eet parking. the area in the 1840's. They were trappers
• pace
Provide for public open sthat uses coming to the area for the abundant wildlife.
Prior to the white settlers moving into the
storm water treatment ponds as a visual area the Dakota Indians lived here in the
and recreational amenity to the project. 1600s and 1700s.At that time,this area
Ensure the compatibility of buildings with was covered with dense woodlands and
respect to the specific character of their many square miles of marshes,lakes,and
immediate context within each district. waterways. The Dakotas abandoned their
settlement in the late 1700's, but returned
Encourage active ground floor uses, annually to harvest wild rice.
such as restaurants,shops and services, to
p Soon after,families from Canada arrived
animate the street within the Mixed-Use and settled here because it reminded them
Corridors portion of the area. of their former homeland. Several
descendants of these original settlers still
• Develop a better connection between live in Centerville.
downtown and Centerville Lake
The city was officially established on August
The task force developed a vision statement 11, 1857,when Minnesota was still a
for the entire project that will guide the territory.At that time Centerville was known
development of the plan and aid in the as Centerville Township and encompassed
evaluation of development proposals. the current City of Centerville and the City of
Lino Lakes. The downtown area of
"Centerville will continue to be a small Centerville was originally known as the
town and will be a safe community where French Section. German immigrants settled
people know their neighbors. The farther to the west in what is now part of the
historic fabric of the downtown and the City of Lino Lakes. The pioneers cleared
surrounding neighborhood provide a the land for farming and agriculture soon
strong sense of place and pride for folknwed. Residents formed the Church of
residents. Residents will be able to walk St. Genevieve of Paris.
to downtown through a well-connected The Downtown Redevelopment Task Force
trail system. Centerville's historic wanted to build off of Centerville's history
downtown will offer a mbr of uses, with with an emphasis on our uniqueness of
the small town character preserved by having the downtown still standing, but all of
January 4,2006 Page 5 of 34
Maser Plan
s. -
.1•-*' - :fix$ -
services including but not limited to A Master Plan Concept and Development
restaurants,specialty stones,clothing Guidelines would allow for this kind of
retailers,coffee shops, physicians offices, creative flexibility. The Guidelines set
insurance offices,bank,daycare and standards for urban design relationships
personal services. The Market Analysis that ensure the scale and character of
also predicts that the City of Centerville will redevelopment that the community expects,
be well served by the addition of while still allowing the developer to arrive at
approximately 450 additional higher density creative solutions that meet their financial
residential units. requirements and the needs of the end
users.
The uses and square footages shown on
the Master Plan are based on this analysis
with consideration of the appropriate uses to
occur within the downtown area and
transitions into the surrounding
neighborhoods.
The Master plan directs the design of the
street and open space network and
provides flexibility with the individual block
layout and dispersion of housing types to = s
meet City statutes, regulations and
guidelines within.
AM Master Plan Improved Ped"Wen Environment
A number of goals emerged during the initial The intent of the Downtown Master Plan is
meetings with downtown land owners,the to provide a comfortable,safe, Mixed-Use
general public,the Downtown Task Force community with emphasis on pedestrian
and through the analysis of existing oriented streetscapes,diverse housing
conditions and upon review of the Market options,adequate open space and quality
Analysis conducted by the McCombs architecture.
Group.
More specifically,the Guidelines are
The goals were developed with an eye intended to:
towards providing the development
community with a clear and concise . Ensure the compatible integration of
understanding of the communities'vision for retail,office and residential uses.
the downtown. The vision includes the
desire to incorporate the History of Maintain a scale and form of
Centerville into the redevelopment. development that emphasizes sensitivity to
the pedestrian environment and existing
A system was needed to set standards for neighborhoods nearby.
the overall project but also to allow enough
flexibility for developers to tailor their • Ensure the compatible integration of a
individual projects within the downtown area variety of housing types, including
towards the needs of the end users. townhouses, medium density and high
density residential.
January 4,2006 Page 4 of 34
the building have been greatly modified and A.III Purpose. What are Development
no long meet the criteria for registration as a Guidelines?
National Historic site. With this knowledge The primary purpose of Development
the Downtown Redevelopment Task Force Guidelines is to set basic parameters,
felt the necessity to build off our heritage in describe preferences and design intent.
the redesign plans for the downtown area. These guidelines serve as a framework
within which creative design can occur.
You will see the French-Canadian reflection Development Guidelines are established to
in the design plan with great detail given to ensure that public and private development
iron work and building design reflective of projects implement the Goals, Objectives,
turn of the century Canadian architecture. Policies and Character envisioned by the
community.The Guidelines provide a
framework to:
-Enhance the quality of the built
environment;
-Achieve quality contextual design
. -Achieve design that implements the vision
of each district in which the property is
located,thereby promoting an identity for
the downtown;
QusNlyR@sWWWNAmhNwfurn - Encourage a diversity of architectural
styles that incorporate historic architectural
Districts elements and materials previously used
The project area is broken into two unique downtown;
districts that relate directly to each other.
The Mixed-Use Corridors and the -Provide design flexibility instead of
Downtown Neighborhood district form the aesthetic control;
primary development opportunities within
the area. -Create a unique pedestrian-oriented
environment; and;
The Mixed-Use Corridors will provide
primarily retail uses on the first floor with - Provide investor and property owner
housing or office uses above. It will become confidence through design continuity.
a pedestrian friendly town center and
community destination. The Development Guidelines encompass
the above goals through standards for new
The Downtown Neighborhood will provide a construction that regulate site design,
range of medium to high density housing building placement and building design.
styles and choices for everyone from empty
nesters to young professionals. Lastly,the Guidelines establish standards
for seven important systems.The
Guidelines include an explanation of the
general and specific design principles
promoted by each aspect of the guidelines,
January4,2006 Page 6 of 34
ABA
as well as a variety of images describing Transportation Systems Storm Water
appropriate design solutions to implement systems
those principles.This approach values Utilities
s
Mix of Use
creativity and allows for numerous design Parking Sts
solutions for any particular project. The City
raiegy
Administrator and Planning and Zoning The Second document,Standards for
Commission are responsible for the Private Development is Intended to provide
administration of the Development guidance to the private developers as they
Guidelines.Projects in the Downtown Area take responsibility for individual components
must comply with the Development within the Master Plan. It will help assure
Guidelines,as well as the provisions of the that the private development that takes place
City Code and compliance will be in the Downtown Area will fulfill the City's
determined during the site plan review goals and objectives for the area.
process.
The Standards for Private Development
deal with the two individual districts within
the Master Pian and the individual buildings
-- within those districts.
war oraed Bundrrars
A.N Application
The format and content of these guidelines
are specifically tailored for use as a
reference workbook. They are organized
into two separate documents that are
intended to be used by two different
audiences,the Systems Guidelines and
the Standards for Private Development.
The first document,Systems Guidelines
provides design guidance for all elements of
the public infrastructure. It outlines issues
and provides design standards that apply to
the entire Downtown Area. It is intended as
an attachment to the Master Plan Document
itself. The Systems Guidelines describe the
seven distinct items of the overall
infrastructure framework:
context 4npoyd PubNc MMashuctws
Open Space
January 4,2006 Page 7 of 34
�n
Downtown CentOrWile Master Plan
January 4,
I � S
2006 Page 8 of 34
M4 �".
B. Systems Guidelines stand alone district within the City;instead it
will be a part of,and connect with,a variety
Systems Guidelines describe the elements of local,citywide and regional systems.
of the public infrastructure. The System Each development project,whether a single
Guidelines outline issues and provides building,one lot,or a series of blocks,must
guidance for standards that apply to the provide reasonable links to these systems
entire Downtown Area. It is intended as an as a primary design objective.
attachment to the Master Pian Document
itself, The Systems Guidelines will deal Guideline Recommendations
with the seven distinct items of the overall To ensure that the Downtown Area takes
infrastructure framework: full advantage of local and regional
systems,development should:
Context
Open Space •Provide safe, easily recognized
Transportation Systems connections to city and regional trail
Storm Water Systems systems;
Utilities
Mix of Uses •Support increased use of transit services
Parking Strategy by maintenance of existing service to St.
Paul and strengthen service to Minneapolis
These seven items represent the overall for residents;
organizing elements that give shape and
form to the public elements of the Master •Tie into,and improve,the utility network;
Plan. Presumably,they will be adopted by
the City as part of the Master Plan,will • Integrate with and complement the
become part of City policy and will be existing (and future)street framework;
implemented by the City or with City
participation before or concurrently with •Become an integral part of the city and
the work of private developers. The county drainage/storm water management
Systems Guidelines will create the pian;
framework within which the private parcels
are allowed to be developed. They will • Parks and open space will be easily
prescribe Development Standards for all accessible to all Downtown Area residents,
above ground,visible elements of the visitors,people who work here and also for
public infrastructure including street and the citizens of Centerville and the
roadway design,streetscape and surrounding area.
landscape design, pedestrian spaces,
connectivity between private and public B. 11. Open Space
spaces, parking strategies and policy,etc. The overall design framework of the
Systems Guidelines will prescribe Downtown Area is based on links to
everything in the public realm from curb LaMotte Park,trails, new open space
sections and paving materials to street downtown and regional open space.The
lights,park benches,waste receptacles City of Centerville will take the lead role in
and tree species. local parks programming,design review,
construction sequencing, implementation
B. 1. Context and ultimately maintenance and operation
Although unique to Centerville,the of key public spaces within this framework.
Downtown Area is not intended to be a The goal is to link existing parks and trails
January 4,2006 Page 9 of 34
M"t r,� •;
t•
defined in regional park plans with the trails •Maintain trail width shall be 12'where it
within the Downtown Area. occurs on residential streets and a minimum
of 10'in other areas;
•Encourage private development(block by
block)to share in the responsibility to
provide inviting, innovative and useable
green space as integral parts of each
development project;
• Continue to work with St. Genevieve's
• church on the future of their land on
Centerville Lake and insure that public
access to the lake can be accommodated at
Tnds Provide Access�u Downtown some point in the future;
Of equal importance is the contribution from - Integrate storm water management
each block and each development project to components(meeting water quality and
this open space network, adding a variety of
private, semi-private, and perhaps some quantity requirements)within both
additional public space throughout the publiGprivate parks and open space
Downtown Area. Private development will improvements.Together,the system of
share the responsibility to provide inviting, public and semi-public green space will
innovative and useable green space as result in a welcoming public realm
throughout the revitalized downtown.
integral parts of individual parcel site
design. w vp� + ,
Guideline Recommendations
The Centerville Downtown Area will have
new open space that did not previously exist
in the City. Toward that end,Open Space
guidelines encourage the following:
K
•Work with the City to create an integrated, • A
comprehensive open space system that
links with existing city and regional trails and
open space. Reroute the proposed regional
trail from CSAH 14 to Heritage Street,thus
providing a safer and more appealing
connection around downtown. Regional
trail connection will be maintained along
CSAH 14 until parcels to the south are HnprovedAecess to Cwdwvft Lek*
assembled for development and will
accommodate the revised trail alignment B. III. Transportation Systems
shown on the master plan;
The system of streets and public rights-of-
way are the primary way people will
experience downtown. it is critical that the
January 4, 2006 Page 10 of 34
character and arrangement reinforces the and by eliminating mid4Aock access to
higher standard of development proposed parking areas. Instead,the parking areas
and improves the overall legibility of the would gain access from Sorel Street or
system from what exists today. The Progress Road. This allows for increased
following paragraphs provide the intended on-street parking and a safer pedestrian
transformation of the downtown area's environment. Additional amenities like
roadway system from a set of narrow decorative street lighting,shade trees,
roadways that lack a unique sense of benches,planters and hanging baskets will
character to an understandable system of begin to create a unique sense of place
roads with high quality pedestrian space downtown. With these recommended
and an image that reflects the higher enhancements,CSAR 14 will become a
standard of development desired for quality first impression to downtown
downtown. Centerville,will accommodate future traffic
needs and become an amenity for business
owners within the downtown area.
County Road 21 improvements
Although the County has no current plans
for CSAH 21 (Centerville Road)aside from
-- improvements to the block south of CSAH
14)the Development Guidelines
recommend a desired street section for
Centerville Road that improves the
w pedestrian environment,introduces on-
texlatin�t:ondlf/ons on CSAH 94 at County Rd.21 street parking and continues the pedestrian
County State Aid Highway 14 amenities recommended for CSAH 14.
Improvements The first section on page 13 depicts Anoka
One of the primary objectives of the plan is County's proposed configuration of CSAH
to improve the overall understandability and 21. The section below that illustrates the
perceived quality of the transportation Development Guidelines recommended
system. Characteristics and access design for CSAH 21. It is important to note
associated with County State Aid Highway that increasing the ROW width on
(CSAH) 14 are critical components toCenterville Road will have a significant
achieving this objective. Anoka County is impact on existing property owners on the
currently planning on constructing west side of Centerville Road. The existing
improvements to County Road 14 in 2007. parcel sizes have a depth of 150 feet.
The road will be widened from a 50 foot Reducing this depth by 15 feet will make
right-of-way(ROW)to 100 feet. Many ase parcels difficult to redevelop given
buildings and properties on the north side of panting requirements for retail and
CSAH 14 will be taken by the County. commercial. The Master Plan illustrates a
Utility improvements will also be made. shared parking situation with St.
This project can become a catalyst for Genevieve's that would provide additional
downtown change. parking for the church and businesses along
The Development Guidelines recommend Centerville Road. It is important that this
pedestrian scale improvements by arrangement be resolved prior to any
relocating the proposed trail system on the expansion of the Centerville Road ROW.
south side of CSAH 14 to Heritage Street
January 4,2006 Page 11 of 34
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January 4, 2006 Page 12 of 34
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Recommended Design for CSAR 21
Page 13 of 34
January 4,2006
Maf o ~T t
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The Local Streets inside the stores. A positive visual image is
The further development of local important to retail success and to attracting
commercial streets is important to people to live downtown. Coordination with
attracting and keeping high quality retailers Anoka County will be required for
in the downtown area. Local streets will be streetscape enhancements.
easily accessible from CSAH 14 and CSAH
21 and will provide a clear and logical The transportation improvements portrayed
system for shoppers and people living in the Master Plan combine to provide the
downtown to access local shops. Once on Downtown Area with improved way finding,
foot, users of the area should be able to easily accessible development parcels,
access the local sidewalks easily from easily understood layout of streets and a
parking areas and signage should orient system that can be phased in as
them to the mixed use corridors.Too much development occurs.
signage can clutter the streetscape and
actually cause additional confusion,while The further development of neighborhood
not enough can leave visitors with a sense streets will enhance the character of the
of frustration. A balance must be achieved. downtown neighborhood and differentiate
the residential areas from the commercial
The sidewalk materials, lighting and core. The provision of a wider right-of-way
landscaping all contribute to providing a allows for on-street parking as well as
high quality pedestrian experience. The sidewalks which improve connectivity
visual image of the street influences the throughout the downtown.
perceived quality of goods and services
PLOW.
Recommended section for Local Comnwcla/and Neighborhood Shorts
January 4,2006 Page 14 of 34
,i yr
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B. IV. Storm Water Systems Guideline Recommendations
Integration of the storm water management
The overall drainage system for the area is system and public open space will provide a
essential to the future performance and unique amenity for the downtown and the
function of the downtown and the improved City of Centerville.
water quality of Centerville take. The
project will provide a series of regional Design creativity,use of high quality
storm water collection areas on the east and materials and addressing safety concerns
west ends of Sorel Street. The ponds will are critical objectives to be addressed. The
provide a visual backdrop for new housing following objectives must also be addressed
opportunities downtown. The project will in the final design:
comply with Best Management Practice
(BMP)standards and alternative storm • Regional storm water ponds.
water treatment applications will be
explored to minimize capital costs,future • Provide fountains to improve water
maintenance and improve water quality. oxygen levels.
• Filter storm water prior to entering the
natural system.
• Plant pond edges with native plantings to
discourage geese from using sodded
areas.
B. V. Utilities
A solid network of water distribution and
i wastewater collection infrastructure is vital
to the health,safety,and welfare of the
entire Downtown Area. While
understanding the location,size and
characteristics of individual utility
components is important,development
proposals must also acknowledge
awareness of the entire redevelopment
area,specifically how individual
improvements affect the overall utility
system. The downtown will also be served
by a full complement of utility connections
including cable television,fiber optic,
electric,and telephone.
Guideline Recommendations
• Provide wastewater collection
infrastructure;
Ponds can become Visual AmenUbs
Page 15 of 34
January 4,2006
Maatar. l
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• Install water distribution system for
potable water consumption and for fire
protection;
• All utilities should be buried within City
Right-of-Way and make connections to
individual projects from a 'back of house'
location;
• All utilities designed according to City
standards.
Although utilities are not typically seen, they
play a vital role by establishing the needed
framework for development to move
forward.
Downtown wo be Connacbd
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January 4.2006 Page 16 of 34
B. VI. Mix of Uses overall needs of the Downtown Area-
The master pian identifies the desired mix of Parking will be provided through a
uses within the downtown area. A combination of on-street spaces and off-
horizontal and vertical mix of uses is desired street surface lots to support the mix of uses
within the primary Mixed-Use Corridors. A at the core.Parking facilities should
mix of complimentary housing styles and contribute to the overall character and
scales should be incorporated into the image of the Downtown Area. Parking
Downtown neighborhood districts of the facility edge design should include
project. New uses should reinforce the elements,colors and materials that reflect,
public open space and activity at street- or complement surrounding buildings and
level. The mix of uses is designed to landscape.
promote daytime activity with shoppers and ,
workers and activity will continue in the
evening with residents and visitors enjoying
new entertainment opportunities.
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Guideline Recommendations Guideline Recommendations
Promote vertical Mixed-Use within the Parking guidelines encourage the following:
Mixed-Use Core of the project. Provide
flexibility for developers wishing to be . Locate off-street surface parking lots away
creative with potential retail uses in other from CSAR 14 and CSAH 21,either behind
areas of the project, or to the side of primary buildings;
• All uses should reinforce pedestrian . Provide a combination of fencing,
activity at the street level. landscaping and landform to screen parking
areas from all streets and important views;
B. VII. Parking Strategy
Balancing the realities of car-related • Create strategies for shared parking
necessities (streets, parking and so on)and between adjacent uses,taking advantage of
the desired character is a significant peak and off-peak cycles, business hours,
challenge.The goal is to provide adequate nighttime activities,special events and other
parking,both quantity and location,while needs. This is especially important on the
promoting new strategies that support the west side of Centerville Road;
January 4,2006 Page 17 of 34
NOR-- :.
•Work with the City to review existing
standards to provide flexibility including
hours for on-street parking,security and
enforcement practices, permit or metering.
•The City should work with existing
businesses and land owners to explore the
possibility of creating a special service
district within downtown to pay for an
enhanced level of maintenance..
B. VIII. Summary
The Systems Guidelines will guide public
investment in the downtown and insure that
as development occurs the appropriate
public improvements are implemented
based upon community input,fiscally
responsibility and an overall vision for
downtown.
January 4, 2006 Page 18 of 34
` X'• ,
C. Document Two; Standards characteristics and qualities of the district in
for Private Developments non-technical terms.
The section entitled Site Development
C.I.Intent of the Standards Standards describes each district with
The"Standards for Private Development" language and terms that are normally
are intended to provide guidance to the associated with a zoning ordinance.
selected private developers as they begin to It is the view from 20,000 feet in the air. Site
design the individual pieces that comprise Development Standards specify the
the Downtown Area. The Standards will relationship between buildings,their edges,
assure that the City's overall goals of the streets and public spaces.The Standards
Downtown Area are met and that the imply a strong link between architecture and
individual pieces are well integrated and site,how buildings define,the spaces
work together to create a cohesive around them and the visual and physical
downtown within the City of Centerville. connections between the private and public
realm. Like a zoning ordinance,this section
These Standards for Private Development will prescribe allowable uses,density,
will deal with the two individual districts building bulk,height, Floor Area Ratio and
within the master plan(Mixed-Use Corridor parking requirements. It will also regulate
and Downtown Neighborhood District)and the relationship of buildings to streets,
the individual buildings within those districts. pedestrian ways and open spaces.
Normally,bulk requirements establish upper
The Standards for Private Development limits on the intensity of development in any
apply to all future redevelopment and given district. Since a certain intensity of
remodeling efforts within the M-1 zoned development will be needed in this area to
area. Therefore, all Standards and sustain the public expenditure on
Guidelines must be met with future infrastructure improvements,the
improvements to existing and new requirements for this plan may also specify
structures within Downtown Centerville. lower limits of bulk and intensity.
C. I. a.Structure of the Standards If Site Development Standards are called the
Unlike guidelines for other projects,these "view from 20,000"feet,Architectural
standards are prepared in a multi-layered Guidelines are the"View from 5 feet." After
fashion. They will have three distinct but the overall goals prescribed by the Site
interrelated parts. Ensuing sections of this Development Standards are established,this
document specify the development nearer view,the 5 foot perspective is needed
standards of each District individually and in to ensure that the design,the details,the
greater detail. They are structured to plainly quality and the craftsmanship of the private
communicate the development's components of the development are
requirements in each of three categories appropriate to and reflective of the overall
below. public goals of the downtown. From 20,000
feet in the air,an$18,000 Chevrolet looks
District Overview just like a$70,000 Mercedes. But from 5
Site Development Standards feet,there are distinct differences in quality,
Architectural Guidelines detail and amenities. In any development,
the quality of the individual components and
For each district,a section entitled District the quality of the details are equally as
Overview describes the desired import as the plan itself. Just like the car,
January 4,2006 Page 19 of 34
M . l
one's memory of their experience in the C.I. c. District Overview
downtown will be made at this five foot In addition to the public open space, the
perspective. master plan identifies two distinct districts
that are available for private development.
Architectural Guidelines define the desired Each of these districts will have its own
quality standards that are expected for all unique character, mix and intensity of use,
components within each district. They thus each is defined by a unique guideline.
establish the foundation of the architectural The districts are intended to work together
vision of the downtown. They may vary as a part of the whole,to compliment one
somewhat from one district to the next but another. The districts are:
they will strive to establish the guiding
principles for the design of individual Mixed-Use Corridors
components of the plan so they will work The Mixed-Use Corridors provide the
together as parts of the whole. The broadest variety and highest Intensity of
Architectural Guidelines will not be development within the downtown. The
prescriptive. The use of elements and Standards will require both vertically and
detailing that reflect French Canadian style horizontally integrated mix of uses
will be suggested,while the layout and containing multi-level retail as well as office
architectural features will recognize current and residential uses over ground floor retail
retail and commercial uses. uses. Standards will also require public
open spaces, streets, sidewalks,plazas, etc.
Architectural Guidelines will address that encourage and promote pedestrian
individual aspects of design in hopes of activtiy
establishing standards for quality and good
design that can be applied to any style of Downtown Neighborhood
design. In no order of importance,the The Downtown Neighborhood is reserved for
Architectural Guidelines will deal with such low-density and mid-rise housing. The
things as:scale and context; proportion and district will allow the integration of service
massing; articulation; materials and color; and/or restaurant related retail space that is
craftsmanship/detailing;signage; integrated into the ground floor of residential
streetscape and pedestrian environment; buildings.
and sustainability.
A more detailed description of each of the
As the guidelines move from the general to two districts appears in the following
the specific,the Architectural Guidelines sections of this guideline.
establish separate goals for each district that
regulate some or all of the major building C. Il. Standard for Private
and site components listed below: Development; Mixed-Use Corridors
Building Character and Expression C. II,a. District Overview:Mixed-Use
Scale, Proportion&Height Corridors
Windows& Doors The overarching objective of the Standards
Materials for Private Development for the Mixed-Use
Streetscape Corridors is to create a unique opportunity
to focus on the creation of a contemporary,
C. 1. b. Review and Approvals Process innovative,new urban development pattern
See proposed zoning. that promotes richness and variety in the
built environment.
January 4,2006 Page 20 of 34
Therefore,the Mixed-Use Corridors will
provide the broadest variety,highest density
and greatest intensity of development within
the Downtown Area. Both vertical and
horizontal integration of uses will be
required as well as elements promoting
pedestrian circulation within the district.
Major retailers, supporting services, lifestyle
and impulse retailers and their related
parking facilities will be encouraged to
locate in multi-level, Mixed-Use and com»ctl�++s 1frow�Pnh to aan
interconnected buildings. In addition to this
vital mix,the guidelines for the Mixed-Use Characteristics:Mixed-Use Corridors
Corridors will describe the qualities and . The ground floor of all buildings will be
character of a desired'urban form'within limited to retail and restaurant uses only.
the Mixed-Use Corridors.Compact buildings They will be designed with storefronts,
and high-density blocks that define this entrances,windows and related
district must include continuous built edges streetscapes that encourage the greatest
that relate directly to streets and sidewalks. level of pedestrian circulation and traffic
The Mixed-Use Corridors must incorporate as is possible.
innovative parking strategies that support
the mix of uses and that provide convenient . Ancillary uses,such as service and
access to shopping destinations, restaurant delivery spaces will be allowed but
and entertainment venues.Together these located away from pedestrian oriented
elements will create a core area that is the storefronts.
center of activity—the place to see and to
be seen within the Downtown Area. . High-density housing and office uses on
the upper floors are encouraged. Except
These objectives require that the majority of for entry lobbies,pure office uses and
buildings front on primary streets and pure residential uses will be prohibited
pedestrian thoroughfares that may be part from the ground floor of buildings in this
of any redevelopment plan and may district;
connect to or relate to public open spaces.
Parking and service areas should be Surface parking is to be confined to
located internal to or on the sides of shared or municipal parking facilities.
buildings,away from view. Pedestrian quick-stop parking needs such as dry
access to the retail fronts of buildings is cleaners and coffee shops or parallel
critically important. Mid-block access from parking on public or private streets also
parking is highly encouraged. be encouraged but will be reviewed or
considered on an individual basis.
A mix of uses within individual blocks,
including retail, restaurant and residential, Building Placement and Setbacks:
will further enhance this model and promote Mixed-use Corridors
activity throughout much of the day and
evening hours.Site development guidelines Buildings should be located at the build-
include the following: to lines(zero setback), but allow
January 4,2006 Page 21 of 34
- . ..r .. -
A..
Rendedng of Possible Mch/tectmal Character at AWn Street 6 Centenvle Road
recessed spaces for outdoor dining, Parking Strategies: Mixed-Use Corridors
other street level activities and variety of • Provide required parking spaces for
pedestrian environment. 80%of daily use that satisfy both quantity and
building facades should address the location needs through a mix of on
build-to lines; street and off-street parking solutions
with a minimum of small surface lots;
• Great emphasis should be given to
building features located at the
intersection of Centerville Road and Encourage shared,district or municipal
Main Street or where other streets parking facilities that minimize total
intersect these two main roads.These parking numbers by taking advantage of
locations will be seen from several around the clock and peak/off-peak
directions and terminate views. They hours of operation for various uses
will become future landmarks and way within the core area;
finding icons as the Downtown Area
develops; Locate any surface parking lots away
from the major streets,either behind or
• Minimize openings between buildings. to the side of primary buildings;surface
Limited driveway access and provisions parking lots along major street frontage
for pedestrian connections through are not allowed in the core area;
blocks are encouraged.Gaps between
buildings to accommodate surface Encourage driveway access to parking
parking lots,greater building setbacks or facilities along major streets or side
other purposes are discouraged; streets in order to maintain a pedestrian
friendly environment within the Mixed-
Encourage recessed entries and Use Corridors.
windows to create street-level interest,
variety and enhance pedestrian scale
along street frontage.
January 4,2006 Page 22 of 34
a�
•-'s, •sZ•r�'
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By individual review,but multi-story
buildings are encouraged throughout the
Mixed-Use Corridors. Free standing,single
story buildings are discouraged.
Minimum Building Height: 32 ft.
Maximum Building Height: Three floors
or 45 ft. Subject to individual review.
Off Street Parking-RetaillOffice
L Parking facilities within the Mixed-Use
Corridors will be subject to individual review.
Parking facilities for the retail and public
uses will be considered to be part of the
public infrastructure and may be co-
developed with City participation. Shared or
'district parking facilities will be
encouraged.
Off Street Parking-Residential
pamng say~bwkW s o►►-a~ Private and secure parking for residences
within the Mixed-Use Corridors will be fully
C. II.b. Site Development Standards: enclosed in private facilities. Guest parking
Mixed-use Corridors may be accommodated in public facilities or
on-street. Parking demand will be market
Allowable Land Use driven and subject to individual review. A
Retail,office and high density residential minimum of one space per bedroom is
uses are all allowed in the Mixed-Use anticipated.
Corridors.With the exception of office or
residential lobbies,retail and restaurant D. 11.c. Architectural Guidelines:
uses should comprise the entire ground Mixed-Use Corridors
floor of all bindings.
Building Character and Expression:
Minimum Lot Area: NA Mixed-Use Corridors
Minimum Lot Width/Depth: NA Buildings in the Mixed-Use Corridors will
Front Build to Lines; 80%of the lot play a major role in defining the overall
frontage must be built out to the built-to line character of the district.The proposed mix
or lot line. Where buildings front on of uses for this signature destination
common areas,pedestrian ways or other suggests the potential for a variety of
open spaces, 80%building facades must be building types,demanding creativity and
built to the open space line. Driveways to innovation to highlight unique architecture,
parking facilities and access drives to while knitting the entire district together as a
service areas are excepted. coherent whole.
The build-to line for new development along
Centerville road is offset 40'from the Overall building design is an important
centerline. consideration,but emphasis on first floor
Side Yard Setbacks: None. Subject to fagade treatments is essential to encourage
Individual review. street-level activity and enhance the
Rear Yard Setback: pedestrian experience.Architecture is to be
None. Subject to individual review. '4-sided'at all locations visible to public
Floor Area Ratio: areas. Emphasis is to be on creating highly
January 4,2006 Page 23 of 34
Mftot c
animated design solutions along all street Avoid large, unarticulated fagades;
frontages and pedestrian ways.
Architectural guidelines include the
following:
Vadad A*ad•beabmnt at Floor
• Provide a variety of building types and
styles, expressed both in large scale
(overall building)and small scale
(design details); EmOmsim AW"&Am Laval DataH
• Designs should minimize blank walls . Emphasize important intersections by
along the public rights-of-way and placing distinctive architectural elements
should consider all street frontages, or interesting fagades at these
including buildings at comers,as prominent locations;
primary elevations;
• Provide a variety of front elevations for
• Emphasize transparency at street level rows of buildings along any given block;
to encourage two way viewing—both
window shopping and'eyes on the Scale,Proportion and Height: Mixed-Use
street'; Corridors
• Articulate front fagades with projections
• Promote interesting,animated and recesses;
architectural features without being
thematic or artificial. The use of • Encourage variety in building height
decorative wrought iron is encouraged along front elevations and allow
to evoke historical materials used and changes in roof treatments.
fabricated downtown. Faux decorative
elements are discouraged;
January 4,2006 Page 24 of 34
" Me ,:..
Ella-
Street Presence: Mixed-Use Corridors
• Emphasize pedestrian experience with Materials: Mixed-Use Corridors
architectural features at street level— Provide a diverse mix of materials,
canopies,decorative light fixtures and applied in a variety of proportions,
material detail; exposures and detailing within a block,
or along a street;
• Encourage variety of color,texture and
materials to complement other Encourage durable,high quality
streetscape elements; materials;
• Conceal service entries,loading
Vinyl,metal and wood siding is not
Yi
facilities and mechanical services from allowed except as a complimentary
view along public streets; material. Composite siding will be
considered on a conditional use basis;
• Create a continuous building edge along
street frontage,visually connecting • Encourage the use of mostly brick or
adjacent buildings with complementary comparable alternative;minimum
fagade treatments. requirement of 50%of non-glazed wall
area;
Windows and Doors: Mixed-Use Metal and wood components are only
Corridors acceptable as a complimentary material;
Maximize glass openings for all ground
level,street front fagades—especially Encourage overhead projections,either
for retail,restaurant and other as a specific building component or as
commercial uses—recommend 50% permanentitemporary canopies;
minimum of total ground levet facade,or
demonstrate great design through other
means;
• Provide real window openings for all
street facing fagades above ground level
—recommend 40% minimum of total
facade;
mom
Provide recessed entries wherever
possible;
• Use clear or lightly tinted glass for all
windows and doors—mirrored,reflective
or highly tinted glazing Is not _
acceptable;
s = ;
• Provide primary access doors facing Doors Enhance tb•Shr•t
public streets;
January 4,2006 Page 25 of 34
1 t f• y��y.ver 'i 1
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• Select materials that relate to the The Downtown Neighborhood will be
building use,not artificially contrived or dominated by high-density and medium
themed; density residential developments in low-rise
buildings of one,two and three stories.
• Include small scale elements,variety of Buildings fronting on comers may contain
materials and careful detailing to service and restaurant related retail spaces
support street level activities and on the ground floor comers only. Housing
enhance the pedestrian experience. density will range from 20 to 45 units per
The use of wrought iron is highly acre.
encouraged to reflect historical elements
downtown.
Streetscape:Mixed-Use Corridors
• Provide gracious sidewalk width to invite
pedestrian traffic;
• Install street trees to frame the street
and provide scale and shade; `
• Provide street lighting that meets all
safety standards and design criteria,
while creating a unique character for this
district;
• Explore street light spacing, height and
a variety of fixture type that would
support proposed mix of uses and
activities(note, however, that too much
light is as bad as too little);
• Explore a range of options for
streetscape improvements including
special pavements, interesting concrete
tinting or scoring patterns,additional
plantings,ornamental fencing and other A QuaHey SbaatscaM Enhane"Downtown Baslnass
features(note, however, that simpler is
better and too much clutter is a Characteristics: Downtown
negative) Neighborhood
• All resident parking shall be enclosed in
underground or tuck under garages.
C. 111.Standards for Private Guest parking should be on-street or
Development; Downtown Neighborhood located in small lots of no more than 20
cars each accessed from side streets
C. 111. a. Overview: Downtown only. Parking for retail uses should be in
Neighborhood small lots of no more than 20 cars each,
must not front on CSAH 14 or 21 and
should be accessed from side streets
only;
January 4,2006 Page 26 of 34
variety in architectural expression within the
• Private courtyards within and in between district and on its public edges.
buildings and opening toward the lake
will be encouraged;
• Pedestrian entries and lobbies should Parking Strategies: Downtown
orient toward the public street. Access Neighborhood
To resident parking should be from side • All resident parking must be enclosed in
streets as far as is possible. No access below grade garages or garages that
will be allowed from CSAH 14 or 21; are internal to the sites;
• Setbacks from public streets should be
consistent at 50 feet from street center
line. All buildings should be required to
have some portion that extends to
exactly 45 feet from the street centerilne.
All ground floor units oriented toward the
street should have stoops or porches.
Ground floor stoops at the first floor
should have a consistent setback of
exactly 8 feet.
storm Water Ponds can a R•alda I Amenlly'
• Parking spaces for ancillary retail should
be provided through a combination of
on-street and surface lot parking
solutions;
Minimize surface parking lots fronting on
primary streets,locate surface parking
jots away from the major streets,either
behind or to the side of buildings;
• No more than 25%of street frontage
oownrown arscan be utilized for surface parking jots.
C. Ill. b.Site Development Standards:
Residential courts and private green Downtown Neighborhood
space:Downtown Neighborhood Allowable Land Use:
There are many opportunities to integrate High density residential,
privately owned and maintained courtyards High ary,ground floor restaurant or service
and pocket parks within this district.These
small-scale greens provide important related retail.
'breathing space, contribute to storm water
management and offer additional amenities Maximum Lot Area:NA
to serve residents, building tenants and Minimum Lot Area:All lots shall be full
adjacent uses.They can help create great depth from city streets
Page 27 of 34
January 4, 2006
Front Build-to Lines:
Primary building facades should be • Emphasize transparency of retail uses
consistent at the built-to line. Build-to line at street level to encourage two way
shall be 20 ft.behind the public ROW. viewing-both window shopping and
Ground floor stoops or porches may extend eyes on the street;
to 8 ft from the sidewalk. Setbacks from the
built-to line for courtyards or other recesses . Promote interesting,animated
shall not comprise more than 40%of the architectural features without being
fagade. All buildings must be built to the thematic or artificial-faux decorative
build-to lines at all street comers. elements are discouraged. The use of
wrought iron as an accent is
Side Street Setbacks: NA encouraged to recall historic materials
Rear Yard Setbacks:NA fabricated downtown;
Internal Side Yard Setbacks: 5 feet from
an adjoining residential property. . Avoid large, unarticulated facades;
Minimum Residential Density:25 units
per acre. 1,250 square feet/dwelling unit. . Emphasize important intersections by
Maximum Residential Density:45 units placing distinctive architectural elements
per acre. 900 square feetldwelling unit. or interesting fagades at these
Maximum Retail Density: prominent locations;
Ground floor retail or restaurant space shall
be limited to 50%of the ground floor,floor . Provide a variety of front elevations for
area and by adequacy of parking only. See rows of buildings along any given block.
below.
Building Height: Scale,Proportion and Height:Downtown
Building height in the Downtown Neighborhood
Neighborhood District shall be limited to two
stories or 32 feet. . Articulate front facades with projections
Off Street Parking-Residential: See and recesses.
Mixed-Use Corridors . Promote a maximum of two stories in
Off Street Parking-Residential: this district,lower buildings are
Private and secure parking for residences acceptable;continuous height roollines
within the Downtown Neighborhood will be should not dominate any street frontage.
fully enclosed in private facilities. Guest
parking may be accommodated in public Encourage upper level setbacks and
facilities or on-street. Parking demand will variety of roof edge treatments.
be market driven and subject to individual
review. A minimum of one space per Street Presence: Downtown
bedroom is anticipated. Neighborhood
Off Street Parking-Retail:
Parking numbers, placement and access for Emphasize pedestrian experience with
ancillary retail subject to individual review architectural features at street level
and approval.
including stoops,steps porches awnings
C. Ill,c. Architectural Guidelines: canopies,decorative light fixtures and
Downtown Neighborhood material details.
Building Character and Expression:
Downtown Neighborhood
January 4, 2006 Page 28 of 34
• Encourage variety of color,texture and • Maximize glass openings for all ground
materials to complement other level,street front fagades,especially for
streetscape elements. retail,restaurant and other commercial
uses.
Conceal service entries,loading
facilities and mechanical services from • Provide real window openings for all
view along public streets as much as street facing fagades.
possible.
Create a continuous building edge for Provide recessed entries wherever
the majority of street frontage,visually possible.
connecting adjacent buildings with
complimentary fagade treatments—in Use dear or lightly tinted glass for all
limited areas where gaps occur, windows and doors—mirrored,reflective
architectural treatments,windows and or Highly tinted glazing is unacceptable;
detailing of side fagades should match faux windows are not allowed.
front fa de.
Provide primary access doors facing
public streets.
Z
consistent BuNdtnp Setbacks
Materials:Downtown Neighborhood
• Provide a diverse mix of materials,
applied in a variety of proportions,
exposures and detailing within a block,
or along a street.
Building Setbacks provide space for
SnoN Front Yards.
• Encourage durable, high quality
Window and Doors: Downtown materials-local sources if available.
Neighborhood
January 4,2006 Page 29 of 34
• Siding is not allowed(vinyl, metal, special pavements,interesting concrete
wood)except as a complimentary use. tinting or scoring patterns,additional
plantings,ornamental fencing and other
• Encourage the use of mostly brick or features(note,however,that simpler is
comparable alternative; minimum better and too much clutter Is a
requirement of 50%of non-glazed wall negative).
area.
C. IV. Review and Approvals Process
• Metal and wood components are Development within the Downtown Area will
acceptable as a complimentary use. generally consist of a subdivision and site
• Accommodate changes in material as plan. In these cases,the applicant will follow
follows—return 8 foot minimum at side the normal subdivision and site plan
walls and avoid terminating in the same requirements of the City subject to the
plane. submittal requirements contained herein.
For subdivisions,expansion or fagade
• Encourage overhead projections, either replacement of existing buildings,the review
as a specific building component or as piss will include sketch plan review,
permanentftemporary canopies. preliminary plat,and final plat. Existing
businesses wishing to perform routine
• Avoid overly complex or arbitrary use of maintenance such as window or door
materials. replacement or renovate a minor portion of
their structure without adding square
• Include smaller scale elements, variety footage are subject to existing codes and
of materials and careful detailing to will not be required to adhere to the
support street level activities and development guidelines. For site plans,the
enhance the pedestrian experience. review process will include a preliminary site
plan and final site plan.
Streetscape: Downtown Neighborhood a.Sketch Plan Review
• Provide gracious sidewalk design to 1• Pre-meeting with City Staff Prior to
invite pedestrian traffic. making an official subdivision application to
the City for development of a parcel within
• Install street trees to frame the street the Downtown Area,the applicant shall
and provide shade. meet with City Staff to present the proposed
development. City staff shall review the
• Provide street lighting that meets all development with all relevant ordinances
safety standards and design criteria,
and ensure compatibility with the Downtown
Area intent,Master Plan and Development
while creating a unique character for this
district. Guidelines for the Downtown Area.
2.A sketch plan shall be prepared in
• Explore street light spacing, height and accordance with the regulations of this
a variety of fixture type that would Chapter and the applicant shall submit the
support proposed mix of uses and plan to the Zoning Administrator for review
activities. and comment,to ensure compliance with
the Downtown Area Master Plan and
• Explore a range of options for Development Guidelines,the Downtown
streetscape improvements including Area and other City codes and regulations.
January 4,2006 Page 30 of 34
- ,w,tr•
3.The Planning Commission shall review 1.C. Grading and Drainage Plan.The
the sketch plan for its consistency with the grading and drainage plan shall be drawn at
Downtown Area Master Plan and a scale of one inch equals 50 feet, 100 feet
Development Guidelines and make a or 200 feet and shall contain the following
recommendation to the City Council as to information:
the appropriateness of the sketch plan. aa.Existing and proposed,grades with a
4.The sketch plan shall be scheduled for a minimum of two foo#contour intervals to a
Council meeting within 30 days after the known sea level datum;
submittal of the Planning and Zoning bb. Sufficient spot elevations on all
Commissions recommendation. proposed hard surface areas;
5.The City Council shall approve, postpone, cc. Estimated runoff of the area based on
or disapprove the sketch plan. 10 and 100 year storm events;
b.Preliminary Plat and Site Plan dd, Provisions to carry runoff to the nearest
1. Requirements for Preliminary Plans adequate outlet,such as storm drain,
1.A. Preliminary Site Plan.The preliminary natural drainage way,or street;
site plan shall be drawn at a scale of one ee. Location of proposed ponding areas,
inch equals 50 feet, 100 feet, or 200 feet. indicating the size and depth of the pond
The submission may be composed of one and amount of acre feet of water to be
or more sheets and drawings and shall stored;
include: ff. Finished floor elevations of all buildings;
aa. Location of all proposed buildings and gg. Identify soils by type and location,
their proposed uses; including Identification of the water table,
bb. Location of driveways and parking areas and suitability of soil for the proposed
(all driveways and parking areas must development; and
include curbing); hh. Identify any areas located in a flood
cc. Indicate front,side and rear yard hazard zone as identified by FEMA.
setbacks proposed; I.D.Topographic Map.The topographic
dd. Indicate square footage and dimensions map shall be drawn at a scale of one inch
of all proposed lots;and; equals 100 feet and shall contain the
ee. Location of all easements,width and following information:
purpose. aa. One foot contour intervals;
I.E. Landscape Plan.The landscape plan bb. Indicate water courses,rock
shall be prepared at a scale of one inch outcroppings,and other significant land
equals 50 feet and shall contain the features;and
following information: cc. Use U.S.Geological Service datum for
aa. Indicate areas for berming and sodding; mapping.
bb. Indicate the location of proposed 1.E. Floor Plans and Elevations.All floor
plantings, identify plant materials; plans and elevations shall be drawn to a
cc. Indicate any existing vegetation;and legible scale and include the followinginformation:
dd. Indicate any trees to be removed.
January 4,2006 Page 31 of 34
1
S"
aa.Floor plans Indicating square footage the public hearing,the Planning
and dimensions of all proposed rooms and Commission shall submit in writing to the
areas within the structures;and City Council its recommendation as to the
bb. Elevations of the proposed building(s), appropriateness of the Preliminary Plat and
identifying exterior treatment, materials to Site Plan in relation to the Downtown Area
be used,and paint color. Master Plan and Development Guidelines.
I.F. Preliminary Plat. If a Subdivision is 2.G.The Preliminary Plat and Site Plan
required,the preliminary plat shall be shall be scheduled for a Council meeting
prepared in accordance with the Centerville within 30 days after the submittal of the
Code Planning Commission meeting.
2. Preliminary Plat and Site Plan Review 2.1-1.The City Council shall approve,
Process postpone,or disapprove the Preliminary
Plat and Site Plan.
2.A. Pre-meeting with City Staff.Prior to c.Final Plat and Site Plan
making an official application to the City,the
applicant shall meet with City Staff.City 1. Requirements for Final Plan: Final Site
staff shall review the development with all Plan. The final site plan shall be prepared at
relevant ordinances and ensure a scale of one inch equals 50 feet, 100 feet
compatibility with the Downtown Area or 200 feet,and shall contain the following
Master Plan and Development Guidelines. information:
2.13.A Preliminary Plat and Site Plan shall aa. Location of proposed structures;
be prepared in accordance with the bb. Location of proposed driveways and
regulations of this Chapter and shall submit parking areas(all driveways and parking
the pian to the Zoning Administrator 30 days must have curbing);
prior to the public hearing.
cc. Indicate front, rear and side yard
2.C.The Preliminary Plat and Site Plan
setbacks.
shall be submitted to the City staff for review
and comment,to ensure compliance with 2. Final Landscape Plan.The final
other City codes and regulations. landscape plan shall be drawn at a scale of
2.D. The Planning Commission shall hold a one inch equals 50 feet and shall contain
the following information:
public hearing on the Preliminary Plat and
Site Plan.The notice for public hearing shall aa. Plant types (botanical and common
be published in the official newspaper at names), number, location, and size;
least ten days, but not more than 30 days, bb.Areas to be sodded;
prior to the public hearing,at which time the
Item will be heard. Notices will also be sent cc. Indicate existing vegetation;and
to property owners within 350 feet of the dd.lndicate trees to be removed.
subject property. 3. Final Grading and Drainage Plan. The
2.E. A written evaluation from the City staff grading and drainage plan shall be drawn at
shall be forwarded to the Planning a scale of one inch equals 50 feet, 100 feet
Commission and the applicant prior to the or 200 feet and shall contain the following
public hearing. information:
2.F.The Planning Commission shall
simultaneously hold a public hearing on the
Preliminary Plat and Site Plan. Following
January 4,2006 Page 32 of 34
�y �
aa.Existing and proposed grades with a 1.The Final Plat and Site Plan shall be
minimum of two foot contour intervals to a submitted to the City staff for review and
known sea level datum; comment,to ensure compliance with the
bb.Sufficient spot elevations on all Preliminary Plan,Site Plan and other City
proposed hard surface areas; codes and regulations.
cc.Estimated runoff of the area based on 2. The Final Plat and Site Plan shall be
10 and 100 year storm events; submitted to the Planning&Zoning Board
for its review and comment.The Downtown
dd.Provisions to carry runoff to the regional Area Review Board shall review the
stormwater pond; proposed project for Its compatibility with
ee.Amount of acre feet of water to be the Preliminary Plat,Site Plan,Downtown
stored in regional pond; Area Master Plan and Development
Guidelines and make a recommendation to
ff. Finish floor elevations of all buildings; the City Council regarding the proposed
gg. Identify soils by type and location, Final Plat and Final Site Plan. The City
including identification of the water table, Council shall approve,postpone,or
and suitability of soil for the proposed disapprove the Final Plat and Site Plan
development;and based on its appropriateness and
conformance with the Preliminary Plat and
hh. Identify any areas located in a flood Site Plan and the Downtown Area Master
hazard zone as identified by FEMA. Plan and Development Guidelines.
4.Floor Plans and Elevations.AA floor pians 3. Major Changes. If the applicant proposes
and elevations shall be drawn to a legible major changes in the final site plan that are
scale and shall include the following inconsistent with the preliminary site plan,
information: these changes can only be made by re-
aa. Floor plans indicating square footage submission of a new preliminary site plan
and dimensions of all proposed rooms;and and rezoning application to the Zoning
Administrator,and re-scheduling of a new
bb.Elevations of the proposed building(s), public hearing before the Planning
Identifying exterior treatment,material(s), Commission and review again by the
and paint color. Council.The following constitute major
5.Final Plat. If a Subdivision is required,the changes:
final plat shall be prepared in accordance aa. Increase in density;
with the Centerville Code.With the final bb.Change in architectural design or style;
plans,the developer shall submit,for
approval by the City,a development cc.Change in type of ownership,private,
schedule for construction of all structures, condominium, or rental;
open space, and recreational facilities. dd.Change of more than 10%in total floor
2.Final Plat and Site Pian Review area;
Process Upon approval of the Preliminary ee. Increase in height of any building;
Plat and Site Plan,a Final Plat and Site
Plan shall be prepared in accordance with ff. Major modification in the landscape plan;
the regulations of this Chapter and submit it gg. Reduction in the proposed open space;
to the Zoning Administrator 30 days prior to
the public hearing. hh. Change in the development schedule;
January 4, 2006 Page 33 of 34
Il.Change in the road location or standards;
and
0.Any changes determined to be major by
the Council.
4.Minor Changes.The Council may,in its
discretion,permit minor deviations from the
preliminary site plan which do not change
the concept or intent of the proposed
development as previously approved.
5. Denial.The Council shall deny any
application if it finds the final plans do not
substantially conform to the preliminary plat
and site plan as previously approved by the
Council as well as the Downtown Area
Master Plan and Development Guidelines. If
the final plans are subsequently modified to
conform to the approved preliminary plan,
the applicant may resubmit said final plans
to the Council for approval.
6. No development shall occur nor shall any
building permits be issued for any
construction that is not in accord with the
approved final plans.
January 4,2006 Page 34 of 34
Mike Ericson
From: Kurt Glaser <kurtglaser@glaseriaw.net>
Sent Wednesday,September 09,2015 8:12 PM
To: D Love;Steve King; Mike Ericson
Cc Statz, Mark
Subject: Vestiges of"the Moratorium"still left in the Code Book
Gentlemen,
The original "Moratorium"had an expiration date and was removed from the Code Book.However,the
highlighted areas are the compromises which resulted from removing the very strict rules associated with that
temporary moratorium,and replacing it with a permanent revision to the district rules.
§ 156.052 MIXED USE NEIGHBORHOOD DISTRICT(M-2).
A P se
and
provide for higher density residential uses and accessory retain and office uses to complement the adjoining M-
1 District and existing neighborhoods.
(C) Special Requirements. The following special requirements are intended to implement the
Redevelopment plan,which is incorporated herein by reference.
1
Also, accessory buildings or uncovered decks and porches may be constructed in
conjunction with nonconforming single-family uses,provided they meet all of the conditions,including
setbacks, as required in the R-2 Single Family District.
Kurt B. Glaser
Attorney At Law
Smith&Glaser,LLC
333 Washington Avenue
405 Union Plaza Building
Minneapolis,Minnesota 55401-1370
612-333-6513
612-333-3821 fax
KurtGlaser@Glaserlaw.Net
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
I
§ 156.051 MIXED USE DISTRICT(M-L).
(A)Purpose. It is intended that the M-1 District implement the"Master Plan and Development Guidelines
for Downtown Centerville,"adopted by the City Council on January 11,2006(the"Redevelopment
Plan"),and provide for the unique layout and character of a traditional central business district with
retail,professional office,accessory residential and other mixed uses.
(B)Permitted uses. See Table 156-A.1.
(C)Special requirements. The following special requirements are intended to implement the Redevelopment
Plan,which is incorporated herein by reference.
(1) Existing uses that are not in conformance with this section may not be expanded,but may
continue as nonconforming uses. Additions to a nonconforming single-family residential
structure may be allowed,provided the square footage of the main floor of the home is not
increased by more than 33%from that which existed on January 11,2006. Also,accessory
buildings or uncovered decks and porches may be constructed in conjunction with
nonconforming single-family uses,provided they meet all of the conditions,including setbacks,
as required in the R-2 Single Family District. (Ord.2d#36,amended 7/14/2010)
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures,the City shall have broad discretion to protect the public health, safety and welfare;
and to protect the integrity of the M-1 District and surrounding residential neighborhoods.
Redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit
Development.
(3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but
rather planned side streets and alleys must be used for such access.
(4) The architectural design and exterior building materials used in connection with any new or
expanded use or structure shall be consistent with any architectural design or aesthetic control
requirements established by the Redevelopment Plan.The city will engage the services of a
consultant architect to assist with the review. The cost of such services may be charged to the
applicant.
(5) Stormwater management will be accomplished through regional stormwater facilities.
Construction of the stormwater facilities may be accomplished through coordinated private
improvements and public improvements, and maintenance of the stormwater facilities may be
accomplished through district-wide assessments and user fees. Individual stormwater
improvements that are not part of the planned regional stormwater management facilities are not
permitted in the M-2 District.
Ord. 2d, 43.Amended 05110/2006, Ord. 2d#58, amended 10/1012012
345 1 P a g e
§ 156.052 MIXED USE NEIGHBORHOOD DISTRICT(M-2).
(A)Purpose.It is intended that the M-2 District implement the"Master Plan and Development Guidelines
for Downtown Centerville,"adopted by the City Council on January 11,2006("The Redevelopment
Plan7%and provide for higher density residential uses and accessory retain and office uses to
complement the adjoining M-1 District and existing neighborhoods.
(B)Permitted Uses. See Table 156-A.1
(1) Residential uses with a density between 12 and 30 units per acre.
(2) Ground level retail or offices up to 25%of a structure,provided that the use is on a corner lot.
(C)Special Requirements. The following special requirements are intended to implement the
Redevelopment plan,which is incorporated herein by reference.
(1)Existing uses that are not in conformance with this section may not be expanded,but may
continue as nonconforming uses. Additions to a nonconforming single-family residential
structure may be allowed,provided the square footage of the main floor of the home is not
increased by more than 33%from that which existed on January 11,2006. Also,accessory
buildings or uncovered decks and porches may be constructed in conjunction with
nonconforming single-family uses,provided they meet all of the conditions,including setbacks,
as required in the R-2 Single Family District.
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures,the City shall have broad discretion to protect the public health,safety and welfare;
and to protect the integrity of the M-2 District,adjacent M-1 District and surrounding residential
neighborhoods.Redevelopment of any parcel shall be accomplished by submitting application as
a Planned Unit Development.
(3) Driveway access to any use shall not be permitted from Centerville Road or Main Street but
rather planned side streets and alleys must be used for such access.
(4) The Redevelopment Plan establishes a shared parking plan. Applicants for permits shall indicate
how they will conform to the parking plan, including potential dedication of property for shared
parking or public parking lots.The city shall have broad discretion in determining whether to
accept ownership and maintenance of shared parking facilities.Maintenance of public parking
and other public facilities may be accomplished through creation of a Downtown Service District
and may include maintenance assessments or user fees.
(5) The architectural design and exterior building materials used in connection with any new or
expanded use or structure shall be consistent with any architectural design or aesthetic control
requirements established by the Redevelopment Plan.The City will engage the services of a
346 1 Page
consultant architect to assist with the review. The cost of such services may be charged to the
applicant.
(6) Stormwater management will be accomplished through regional stormwater facilities.
Construction of the stormwater facilities may be accomplished through coordinated private
improvements and public improvements,and maintenance of the stormwater facilities may be
accomplished through district-wide assessments and user fees. Individual stormwater
improvements that are not part of the planned regional stormwater management facilities are not
permitted in the M-1 District.
Ord. 2d#3, adopted 05110/2006, Ord. 2d#36 amended 0711412010, Ord. 2d#58 amended 1011012012
§§ 156.052 THROUGH 156.099 RESERVED FOR FUTURE USE.
GENERAL REGULATIONS
§ 156.100 LOT PROVISIONS.
(A)No lot of record shall be reduced in size below the district requirements in Table One of Appendix A to
this chapter.
(1) Table One shall state all setbacks that are specifically set forth by a provision of this Code,
otherwise all setbacks which are not defined by this Code are governed by the Building Code.
(2) The minimum ground floor size of any residential building shall either no less than 1,650
finished square feet unless the total finished square feet of the structure is equal to or in excess of
a minimum of 1,650 finished square feet,in such a case the minimum ground floor square
footage stated in Table One may be used. The calculation of ground floor size shall be as of the
time when the building permit is issued.
(B)An existing lot of record shall be deemed a buildable lot even though the lot area and/or dimensions are
less than those required for the district,provided as follows:
(1) Evidence must be presented that the lot in question met minimum requirements for the division
of property under ordinance regulations in effect at the time of the division of property;
(2) It fronts on a public street; and
(3) The lot is within 70 percent of the minimum lot area and lot width required.
347 1 Page
Rush
Lines
Pre-Project Development Study
Centerville
September 23 , 2015
i
LEGEND
- Project Study Cakm* : FotQsttalsQ
P 30-mile study area between Union ^m
Depot
in St Paul and Forest Lake
A Purpose is to provide transit service
that satisfies the long-term regional Hyo
accessibility needs for
mobility and acc ty nU",,"S
businesses and the traveling public ANCKA(QuI:iT
while catalyzing sustainable RAMSEY«,1111T,
development "TOWMM" Ij1,t►,rT"1:
Township
C0111:7 Y
V ft,
• Led byRamsey County Regional Rail UM
U"
Authority (RCRRA) on behalf of Rush O
Line Task Force
utw
Canada•
• Builds off 2008/2009 Alternatives """"St "
Analysis '
d;
SL ftw
2
Population is Employment is
GROWING INCREASING
. 4 0/o
""TIFTTTT
2040
e o • ♦ • ! •
2010 L1
w ♦ ♦ ! 4 4 • • ! •
in
Corridor population will Corridor employment will
increase from 445,000 increase from 245,000
3 to 555,000 through 2040. to 315,000 through 2040.
PEOPLE, AGES 63+,
LIVING IN CORRIDOR PEOPLE LIVING BELOW THE
POVERTY UNE IN CORRIDOR
. .
8007 +9,300
-41 2012
2000 2012
4
INCREASE IN DEMAND FOR EXPRESS
AND SUBURBAN LOCAL ROUTES
41
i* 4D • i
URBAN SUBURBAN EXPRESS
LOCAL LOCAL
5
Ongoing Public & Stakeholder Engagement
RUSH LINE CORRIDOR STUDY
PRE-PROJECTPROJECT •
DEVELOPMENT
AMC&
,Cin
We want to hear from you and
share the work we have done
We want to engage many
audiences
General public
City (District Council) and County t,�e;sf_
Business associations and special 4 ` n
interest groups
Presentations, electronic
communication, pop-up activities,
neighborhood meetings and
community events
Alternative Evaluation Process
+� * Tier 1 - Pass/Fail Anslysic
0 What goys Im ail modes and aliymwo under toasideratlon
- Haw acre etraluarted:high-kW*m1ha Ye auamnent to We*if
Spring 2015 anynodesaaNgnmentshave fatalf{aws
— Fall 2015 � `��
�, - Wham canes out:a smatter set of modes and alignments for mom detdled
de6Mttortand etahiation
1
Tier 2- DetaiW Evaluation
Winter 2015 - Whd goes In:palr d modes and Opwaft thatsurvlvedTier 1
— Spring 2016 - Now they are eraluated:aganlnsttheproject pttrWaW needs and goals
and objectives.Uses detailed quantitative and gwliotive Oak.
• What eoetes out:one or two preferred atemativesfor btlierrefhtement
Spring 2016 Tier 3 -Locally Preferred Alternative(LPA)
— Fall 2016 Refinement
What goes in:the pmfwealtentadvesfr=Tier 2
- Nowth"m* aluaned:deWlede+eluationaiterlaMare similxtoFTA
eralm"m alteda
- What eatsnes out:the locally Primed Ahemadve-the alternative that best
8 meetsthe project piMmand needs
SIL i J'
Tier 1 , Phase A Tier 1 , Phase B Tier 2
• Rush
9 Li�e� :,.,
"«1r
Does a typlal bus or Fromend--to- what Is the
How often does a typical train travel In mixed end,how far relative costto what is the average wdleage between each station for
MODE bus ortrain arrive ata traffic or its own does a typical construct this this mode?
stop? dediated lane? bus or train mode?
Mixed Dedicated travel?
Traffic Guideway
1/8-1/6 mile
us Varies Varies $
1 Rapiti^T�it1/4-1/2mile
B
Every?-15 minutes 5-15 miles S$
1/8-1/4 mile
Every 7-15 minutes 1-5miles S$$
v,
�i
' 1 mile
L V nit (LRS EverylDminutes i, 10-30miles $$$$$
r�
1
Q
�� 1 mile
I)e�ei+Multipile Un Everyl0minutes • 20-40 miles $$$$$ Alk
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1 mile
NOI Wily BRIris Every 10 minutes 10-30 miles $$$$
2 miles
B id Tide t Every ID-15 minutes 10-20 miles $$$ !a 0 110 Aak
t of t F 53 Lupo
5 miles(market specific)
oip Ril p Taansit Every 30Wminutes 10-25 miles $$-$$$
Eos t
Sul Vf
r rwmr�e
...w�n..taw
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�Pubk Ertgagemtlll i
METRO GSW LUs(Gateway
CoRkbr)AWrnenl
.+METRO Green Une
rr_r--?MIIN
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efforts
w
INSET
t
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` '
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be leeleled as ule METRO Groan line
stlomaq »Q telMled #am 1;
wauwawti
Overall performance was best in the southern end of
the corridor.
Density (jobs and housing) and number of activity centers
are highest in the southern end of the corridor.
Environmental and cultural impacts (right-of-way) are lower
in the northern end of the corridor.
Regional connectivity is limited in the middle portion and in
the northern end of the corridor.
12 .�
�nV ironme00,1110r,\31ntal� r
Technical #mEquity
Capital costsm* Analysis
.rave �
Lara vse
Policy
Analysis
Environmental
If property (right-of-way) is insufficient or too constrained
mom
* Land use
Low-density existing and planned land uses
Capital cost
More than $1 billion
Travel time
More than 75 minutes
Policy AnalysisAV
14 '�/
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How often does a typical train travel In mixed f
end,how far Whatls the average mileage between each station for
MODE busortrainarriveata traffic or its own relative cost to
stop? dedicated lane? does a typical constructthis this mode?
bus or train mode?
Mixed Dedicated travel?
Traffic Guideway
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Questions ?
B�e
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'nr JAN
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Tensa Bender
mm Michele Lindau <MLindau@d.hugo.mn.us>
aent Thursday,September 17,2015 8:44 AM
TO: Teresa Bender
Subject: RE:Sign Information Placement Policy
No policy. We typically only post for non-profits.
Michele Lindau
Hugo City Clerk
651-762-6315
From:Teresa Bender[mailto:TBender CENTERVILLEMN.com]
Seat:Thursday,September 17,2015 8:28 AM
To:Mike Jezlorski<mike.ieziorski0ci.east-bethei.mn.us>;Michele Lindau<MLindauft,i.hurro.mn.us>;Julie Bartell
<iulie.bartell d.lino-lakes.mn.us>
Subject:Sign Information Placement Policy
Dear Mike,Michele&Julie:
Do any of you have a policy of what type of information can go on your reader board? City sponsored events,business
events,garage sales,etc.?
you do,could you please forward them to me?
Thanks in advance,
rin3ii rii�/ir
Tie iMrder
CIV of C&q**r ik
Cly Oerk
16511429.3232 x 13 Work
tbender@centerri0emn.com
1!110 Main Street
Cerrt"Ar,MN 55034
1AW/centertiRemn.com
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1
37
East
U""Bethel
City of Ent Be"
Reader Board Sign Policy
This policy specifies and prioritizes who information can be posted on the City's electronic
reader board sign,which is located at the intersection of Hwy.65 and Vi7n'ng Boulevard
Requests to post information on the sign will be prioritized in the following order.
1. Information related to City business or other government agencies.
2. Requests from the East Bethel Seniors and local School Districts
3. Requests from all registered non-profit organizations located in East Bethel.
No commercial or religious messages are allowed on the sign. Churches located in East Bethel
may request that community events of a non-religious nature be posted. Fundraising events for a
charitable organization or an individual that are not sponsored by a registered nonprofit
organization will not be allowed.
An application for posting information should be made 30 days in advance of the event.
To submit a request,please fill out the following information:
Name of Organization:
Event or Message:
Date(s)and Time(s):
Contact Name:
Phone No.: Email:
Please Note: Only a limited number of messages are posted on the sign at any given time,so
the City may not be able to accommodate Lveq request But every effort mW be made to post
the message one week in advance of the event
Tlris information nsay also be posted on the City's government information channel would
you like this information placed on Channel IOl Yes: No:
39
CIT OF
IN KE
City of Lino Lakes
Reader Board Sign Policy
This policy specifies what information can be posted on the City's electronic reader board sign,
which is located at Lake Drive and Town Center Parkway.
Requests to post information on the sign will be prioritized in the following order:
1. Information related to City business or other government agencies.
2. Requests from Centennial School District 12.
3. Requests from all registered non-profit organizations located in Lino Lakes.
No commercial or religious messages are allowed on the sign. Churches located in Lino Lakes
may request that community events of a non-religious nature be posted. Fundraising events for a
charitable organization or an individual that are not sponsored by a registered non-profit
organization will not be allowed.
An application for posting information should be made 30 days in advance of the event.
To submit a request,please fill out the following information:
Name of Organization:
Event or Message:
Date(s)and Time(s):
Contact Name:
Phone No.: Email:
Please Note:Only four messages are posted on dee sign at any given bane,so the City may not
be able to accommodate every request But every effort will be made to post the message one
week in advance of the event
This information may also be posted on the City's government information ehanneL Would
you like this informadon placed on Channel 16? Yes: No:
39
Mike Ericson
From: Flint,James <jflintl@Fairview.org>
Sent: Friday, October 09, 2015 11:05 AM
To: Mike Ericson
Subject: P&Z
Importance: High
Mike,
1 am unfortunately going to have to resign and step away from P&Z. It is not fair to the city and others that I continue to
miss meetings,due to other engagements. I am really excited for you as the new Administrator, as you are what's
needed for our city!
I also wanted to apologize for Tuesday as I was running Centennial on ice tryouts,so I was not available to call.
Please do not hesitate reaching out should you feel the need.
Thank you,
James Flint I Director of Facility Operations
Fairview Health Services
6401 University Avenue NE 1300A I Fridley,MN 55432
Jflintl@fairview org I www.fairview org
Office.763-586-5824 1 Cell 612-345-1248
Fax 763-392-5671
Connect with Fairview Health Services on social media.
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The information transmitted in this e-mail is intended only for the person or entity to which it is addressed and may contain
confidential and/or privileged material,including'protected health information'. If you are not the intended recipient,you are hereby
notified that any review,retransmission,dissemination,distribution,or copying of this message is strictly prohibited.If you have
received this communication in error,please destroy and delete this message from any computer and contact us immediately by return
e-mail.
1
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular
meeting on September 1,2015 at 6:30 p.m.
PRESENT: Chairperson Darrin Mosher
Commissioner
Russ Koski
Co mmissioner Tom Wood • :: -Commissioner Mark Haiden Not
Commissioner Nick Twohy
Commissioner James Flint
ABSENT: Commissioner Matthew Montain
STAFF: City Administrator Mike Ericson
OTHERS PRESENT: Council Member D. Love
I. CALL TO ORDER. The meeting was called to order at 6:35 p.m. by Chairperson
Mosher.
1. Roll Call
IL APPEARANCES
1. Mr. Lou Suski, Gaughan Companies, Inc. — City Code Chapter 156, Subdivision,
156.166—Parking Requirements (Other Industrial or Warehouse)
Mr. Suski introduced himself to the Commission and stated that he is the commercial real estate
broker for the City owned properties. Mr. Suski stated that he has encountered some difficulty
with interested parties for properties that have been listed regarding industrial/warehouse parking
requirements and that Centerville's requirements are 2/1,000 square feet of gross area comparative
to neighboring communities .5-111,000 feet. Mr. Suski stated that not only does this become
restrictive to a developer or seller but the entire community as potential buyers may not meet the
requirement and shy away from Centerville for development. Lou provided the Commission with
parking requirements from several surrounding communities. Commissioners had good
discussion on the topic.
Motion by Commissioner Koski: seconded by Commissioner Wood to schedule a public
hearing for October 6. 2015 to obtain public input regarding a possible amendment to the
City Code. All in favor. Motion carried.
III. PUBLIC HEARING(S)-None
IV. OLD BUSINESS
Page I of 3
City of Centerville
Planning and Zoning Commission
Septernber 1,2015
1. Discussion on Downtown Master Plan&Development Guidelines
The Commission briefly discussed the City Code regarding the M1 (Mix Use)and M2 (Mixed Use
Neighborhood District) zoning districts which comprises the entire downtown area with a
possibility for an amendment due to the economic downturn and slower recovery period than
anticipated. City Administrator Ericson reminded Commissioners that Council had included this
topic as one of its 2015 City Focus Goals. The Commission briefly discussed those items from the
original plan that they desired to retain and incorporate into a newer version. They agreed that the
private sector developers will dictate downtown redevelopment.
V. NEW BUSINESS
1. Meeting with Ruffridge/Johnson General Contractor Jay Thorson,Dailey Companies
Administrator Ericson reported that staff had met with Ruffridge/Johnson and their general
contractor and architect to discuss development requirements, conditional use requirements and
were presented with the site plan and draft building plans. The Commission liked the preliminary
plans which called for a 19,000 square foot building with a rear lot fenced.
2. MnPASS Express
Administrator Ericson reported that Mr. Brad Larsen, MN Dot MnPASS Policy & Planning
Program Director, had attended the last Council meeting and presented them with an overview of
the I-35E Improvements and MnPASS Extension Project.
Administrator Ericson briefed the Commission regarding the MnPass Express Lanes that will be
opening at the end of 2015 on the northbound and southbound 1-35E between Little Canada Road
and Cayuga Streets, Phase 2's completion date of the end of 2016 involving construction of the
same lanes between Little Canada Road and County Road J (Southbound between County Road
96 and Little Canada Road) and (Northbound between County Road E and County Road J),
associated vehicle fees for usage, and hours of operation, those that can utilize for free and
penalties for violators. Administrator Ericson stated that similar lanes in alternative areas were
being considered with the Twin Cities and if individuals desired additional information they could
contact the MnPass web site or visit a local office.
3. Reschedule Regularly Scheduled Meeting of November 3, 2015 due to School District
Elections,(November 10,2015)?
Administrator Ericson stated that public meetings were prohibited on election day per state statute
204C.03 and requested that the Commission consider rescheduling its November meeting or move
it to an alternative date.
Motion by Commissioner Wood, seconded by Commissioner Koski to reschedule their
regularly scheduled Monday. November 3. 2015 meetine to November 2. 2015 commencing
at 6:30 mm.in Council Chambers. All in favor. Motion carried
Page 2 of 3
City of Centerville
Planning and Zoning Commission
September 1,2015
VI. DISCUSSION ITEMS
The Commission briefly discussed the issue of on street parking and the current policy of
obtaining a parking permit from the City. Staff was directed to research an on-linelcity website
application for permits.
VII. CONSIDERATION OF MINUTES
1. August 11,2015 Planning&Zoning Commission Meeting Minutes
Motion by Commissioner Flint seconded by Commissioner Twohv to approve minutes from
the August 11,2015,meeting as presented. Ali in favor. Motion carried.
VIII. ADJOURNMENT
_Motion by Commissioner Twohv. seconded by Commissioner Mosher to adiourn the
meeting at 8:06 a.m. Allin favor. Motion carried.
Respectfully submitted,
Michael A. Ericson
City Administrator
Page 3 of 3
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular
meeting on October 6, 2015 at 6:30 p.m. ;
PRESENT: Chairperson Darrin Mosher
Commissioner Russ Koski f..
:aCommissioner Matthew Montain j. �. >t' APP
ABSENT: Commissioner Tom Wood
Commissioner James Flint
Commissioner Mark Haiden
Commissioner Nick Twohy
STAFF: City Administrator Mike Ericson
OTHERS PRESENT: Council Member D. Love
I. CALL TO ORDER. Chairperson Mosher was unable to call the meeting to order due to
lack of quorum.
Respectfully submitted,
Michael A. Ericson
City Administrator
Page 1 of 1