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HomeMy WebLinkAbout1995-012 Council OrdinancesCouncil Member Kuether introduced the following ordinance and moved its adoption: CHAPTER 1103 FLOOD PLAIN MANAGEMENT ORDINANCE No. 12-95 1103.01 Statutory Authorization, Findings of Fact and Purpose 1103.02 General Provisions 1103.03 Definitions 1103.04 Administration 1103.05 Establishment of Zoning District 1103.06 Floodplain Overlay District Uses 1103.07 Standards for Flood Plan Overlay District Uses 1103.08 Subdivisions 1103.09 Manufactured Homes/Travel Trailers and Travel Vehicles 1103.10 Amendments 1103.01 Statutory Authorization, Findings of Fact and Purpose. Subdivision 1. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Lino Lakes, Minnesota does ordain as follows: Subd. 2. Findings of Fact. A. The flood hazard areas of the City of Lino Lakes, Minnesota are subject to the periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. The City Local Water Management Plan (LWMP) is a comprehensive planning tool that specifically identifies goals and policies for water management. Standards for flood control, erosion and sediment control, water quality enhancement, and the preservation of natural features have been identified. The plan also includes flood plain delineation, necessary freeboard requirements and recommended building elevations. This ordinance is based upon the recommendations of the LWMP, which is hereby adopted into this ordinance by reference and incorporated in its entirety, including all amendments. C. Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. D. Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize those losses described in A above by provisions contained herein. 1103.02 General Provisions. Subdivision 1. Jurisdiction. This ordinance shall apply to all lands within the jurisdiction of the City of Lino Lakes shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the 100 -year regional flood. Subd. 2. Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Lino Lakes prepared by the Federal Insurance Administration dated November 11, 1981, and the Flood Insurance Rate Map dated May 17, 1982, along with subsequently approved Letters of Map Revision (LOMR) and Letters of Map Amendment (LOMA). The Official Zoning Map shall be on file in the office of the City Clerk -Treasurer and the Building Inspector/Zoning Official. Subd. 3. Rules for Interpretation of District Boundaries. The boundaries of the Floodplain Overlay District 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, the City Engineer shall make the necessary interpretation. The persons contesting the locations of the district boundary shall be given a reasonable opportunity to present their case and to submit their own technical evidence. Subd. 4. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the 100 year base regional flood elevation plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Subd. 5. Compliance. 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 ordinance and the applicable 2 regulations which apply to uses within the jurisdiction of this ordinance. All uses not listed as permitted uses or conditional uses in Sections 1103.06 shall be prohibited. In addition, a caution is provided here that: A. New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and specifically Section 1103.09 and Section 6, Subd. 10 and Subd. 11 of the City Zoning Ordinance. B. Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 1103.06, Subd. 4 and Section 4, Subd. 5 of the City Zoning Ordinance. C. 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 provision of this ordinance and specifically as stated in Section 1103.04 of this ordinance. Subd. 6. Penalties for Violation. A. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. B. Nothing herein contained shall prevent the City of Lino Lakes from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to: 1. In responding to a suspected ordinance violation, the Zoning Administrator and City of Lino Lakes 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 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. 2. When an ordinance violation is either discovered by 3 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 is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this ordinance 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 Community. If the construction or development is already completed, then the Zoning Administrator may either: a. 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 b. Notify the responsible party to apply for and after -the -fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. Subd. 7. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. Where a specific use or performance standard is not specifically referenced in this Ordinance it shall be prohibited. Subd. S. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any 4 existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Subd. 9. Warning and Disclaimer of Liability. This chapter does not imply that areas outside of the Flood Plain Overlay District or land uses permitted within such districts will be free from flooding or flood damages. The chapter does not create liability on the part of the City of Lino Lakes or its officers or employees for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made under it. Subd. 10. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 1103.03 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. Subdivision 1. Accessory use or structure. "Accessory use or structure" means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Subd. 2. Basement. "Basement" means any area of a structure, including crawl spaces, having its floor or base subgrade on all four sides, regardless of the depth of excavation below ground level. Subd. 3. Conditional use. A land use or development that may not be appropriate generally within a certain district but may be allowed in that district with appropriate restrictions, conditions or limitations as imposed by the City Council. Subd. 4. Equal degree of encroachment. "Equal degree of encroachment" is a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Subd. 5. Flood. "Flood" means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. Subd. 6. Flood frequency. "Flood frequency" means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Subd. 7. Flood plain. "Flood plain" means the beds proper and areas adjoining a wetland, lake or watercourse which have 5 been or hereafter may be covered by the regional flood. Subd. 8. Flood -Proofing. "Flood -proofing" means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Subd. 9. Obstruction. "Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impeded, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Subd. 10. Regional flood. "Regional flood" means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Subd. 11. Regulatory flood protection elevation. "Regulatory flood protection elevation" is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Subd. 12. Variance. A modification of the strict provisions of this Ordinance as applied to a specific piece of property in order to provide relief for a property owner because of undue hardship imposed upon the property by this Ordinance. A variance shall normally be limited to height, density and yard requirements. A modification in the allowable uses within a district shall not be considered a variance. 1103.04 Administration. Subdivision 1. Zoning Administrator. The Zoning Administrator shall administer and enforce this ordinance. The Zoning Administrator shall review all development proposals to determine whether the proposed use lies within the Flood Plain Overlay District. No development shall be permitted unless it complies with all provisions of this ordinance. If the Zoning Administrator finds a violation of the provisions of this ordinance, he shall notify the person responsible for the violation in accordance with Section 1103.02, Subd.3 of this ordinance. Subd. 2. Permit Requirements. A. Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior to the erection, 6 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 Flood Plain Overlay District. B. Application and Fee. A use permit shall be applied for from the Zoning Administrator. Said application shall be made in duplicate 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. An application fee amount will be in accordance with City resolution and shall be required for each use permit. C. State and Federal Permits. Prior to 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. Subd. 3. 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 Certificate of Zoning Compliance is issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. Subd. 4. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement or construction. Any use, arrangement construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Section 1103.02, Subd 3. of this ordinance. Subd. 5. 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 ordinance. Flood - proofing measures shall be certified by a registered professional engineer or registered architect. Subd. 6. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the Flood Plain District. The Zoning Administrator shall also maintain a record of the 7 elevations to which structures or additions to structures are flood -proofed. Subd. 7. Variances. A. The City Council may authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to public interest, where, owing to special conditions, literal enforcement of the provisions of this ordinance will result in unnecessary hardship so that the spirit of the ordinance shall be observed and substantial justice done. 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. B. The City Council shall hear and decide requests for variance in accordance with the rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City Zoning Ordinance. Subd. 8. Conditional Use Permits. The City Council shall hear and decide applications for conditional uses permissible under this ordinance. A. Application. The applicant shall be required to furnish such of the following information and additional information as deemed necessary by the Zoning Administrator for determining the suitability of the particular site for the proposed use. 1. Plans. 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 Flood Plain Overlay District boundaries. 2. Specifications. Specifications for building construction materials, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. 3. 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 ordinance. Flood -proofing measures shall be certified by a registered professional engineer or registered architect. 8 B. Review. The City shall transmit one copy of the information described in subsection 1 above to a designated engineer or other expert person or agency for technical assistance, where necessary, to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. D. Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subsection 6 below, which are in conformity with the purposes of this ordinance. Violations of such 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 ordinance punishable under Section 1103.02, Subd.3. E. Basis of Decision. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance 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 such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 6. The requirement 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 the 9 existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and the Lino Lakes Local Water Management Plan. 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 flood waters expected at the site. 12. Such other factors which are relevant to the purpose of this ordinance. F. Determination of Flood Hazards. 1. Upon receipt of an application for a Conditional use Permit for a use within the Flood Plain Overlay District where the Regulatory Flood Protection Elevation is unknown, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation. a. A typical 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 structures, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. c. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use adversely affects the capacity of the flood plain and to determine the Regulatory Flood Protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: a. Estimate the peak discharge of the regional flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the area necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing the area of the regional flood. 3. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine whether the proposed use adversely affects the capacity of the flood plain or the Regional Flood Protection Elevation at the site. G. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this ordinance, the City Council shall attach such conditions to the granting of the conditional use permits as it deems necessary to fulfill the purpose of this ordinance. Such 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 operations, controls, sureties, and deed restrictions. 4. Requirements of construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. 5. Flood -proofing measures, in accordance with the State Building Code and this ordinance. 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, the Lino Lakes Local Water Management Plan and associated flood factors for the particular area. Subd. 9. Amendments. A. The floodplain designation on the official Floodplain 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 determines that, through other measures, 11 lands are adequately protected for the intended use. B. All amendments of this ordinance, including amendments to the official Floodplain Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the official Floodplain Map must meet the FEMA Technical Conditions and Criteria and must receive FEMA approval before adoption. The Commissioner of Natural Resources must be given (10) days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance amendment or technical study under consideration. Subd. 10. Notification to the Department of Natural Resources. A. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local flood plain management controls must be sent to the Commissioner or the Commissioners designated representative and postmarked at least ten (10) days before the hearings. B. A copy of final decisions granting variances or conditional uses under local flood plain management controls must be sent to the Commissioner or the Commissioners designated representative and postmarked within ten (10) days of final action. 1103.05 Establishment of Zoning District. Subdivision 1. Flood Plain Overlay District. The Flood Plain Overlay District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 1103.02, Subd. 2. Subd. 2. District Application. The FP, Floodplain Overlay District shall be applied to and superimposed upon all zoning districts as existing or amended by the text and map of this Ordinance. The FP, Floodplain Overlay District regulations shall not be construed to allow any use or structure otherwise not allowed in the underlying zoning district where the property is located. The regulations and requirements imposed by the FP, Floodplain Overlay District shall be in addition to those established by all other districts of this Ordinance. The FP, Floodplain Overlay District shall be established based upon the specific information contained in the Flood Insurance Rate Maps and subsequently approved Letters of Map Revision (LOMR) and Letters of Map Amendment (LOMA) and the Flood Insurance Study for the City of Lino Lakes. All aforementioned official road maps and documents are hereby adopted by reference and declared to be an integral part of this Ordinance section. Subd. 3. Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no 12 lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 1103.06 Floodplain Overlay District Uses. Subdivision 1. Permitted Uses. The following uses have a low flood potential and do not obstruct flood flows. These uses shall be permitted within the Flood Plain Overlay District to the extent that they are allowed in the underlying base zoning district, they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or flood plains or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. B. Industrial -commercial uses such as loading areas, parking areas, and airport landing strips. C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single- or multiple -purpose recreational trails. D. Residential accessory uses such as lawns, gardens, parking areas and play areas as long as no permanent structures are constructed. E. Boat launching ramps and docks on riparian lots accessory to a permitted principal use. Subd. 2. Conditional Uses. A. The following use and structures may be permitted in the Floodplain Overlay District only after the issuance of a conditional use permit, as provided for in Section 1103.04, Subd. 9 of this Ordinance. These uses shall be permitted within the Floodplain Overlay District to the extent that they are allowed in the underlying base zoning district, they are not prohibited by any other ordinance, and they comply with the provisions of Section 1103.07, which applies to all Floodplain Overlay District conditional uses. 1. Principal residential, commercial, and industrial structures. 13 2. Accessory structures. 3. Placement of fill. Cumulative placement of fill in excess of 1,000 cubic yards or in excess of requirements outlined in Section 4, Subd. 33 of the City's Zoning Code, whichever is less. 4. Railroads, streets, bridges, utility transmission lines and pipelines. 5. Extraction and storage of sand, gravel and other materials. 6. Marinas, boat rentals, docks, piers, wharves and water control structures, 7. Storage yards for equipment, machinery or materials. 8. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 1103.09, Subd. 4. 9. 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. Subd. 3. Prohibited Uses. All other uses or structures not listed as permitted or conditional uses in the Flood Plain Overlay District shall be prohibited. Subd. 4. Nonconforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of the Section but which is not in conformity with the provisions of this section may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. B. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. C. Any alteration or addition to a nonconforming use 14 which would result in substantially increasing the flood damage potential of that use shall be accomplished in accordance with Section 1103.07. D. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of twelve (12) months. 1103.07 Standards for Flood Plain Overlay District Uses. Subdivision 1. All Uses. A. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the flood plain or increases flood heights subject to the provisions of Section 1103.06, Subd. 2C. B. All conditional uses shall be subject to the standards contained in Section 1103.06, Subd. 2B5 and the following standards in Subd. 2 and Subd. 8 below. Subdivision 2. Principal Use. A. Residential Use. 1. Principle and accessory residential structures shall be constructed on fill with the lowest floor (including basement) at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than one (1) foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. 2. Residences that do not have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. B. Non -Residential Use. 1. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their lowest floor (including basement) is at or above the Regulatory Flood 15 Protection Elevation, but may where floodplain fill may result in an increase in the regional flood elevation, change in the natural course of the floodplain drainage or result in potential flooding of neighboring properties be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the Regulatory Flood Protection Elevation shall be flood proofed to FP -1 or FP -2 classification as defined by the State Building Code. Structures flood proofed to FP -3 or FP -4 classification shall not be permitted. 2. Commercial, Manufacturing and Industrial. Accessory land uses, such as yards, railroad tracks, and parking lots may be at lower elevations. However, a permit for such accessory facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than two (2) feet or subject to flood velocities greater than four (4) feet per second upon the occurrence of the regional flood. Subdivision 3. Accessory Uses. Accessory structures shall be elevated on fill or structurally dry flood proofed in accordance with the FP -I or FP -2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in the size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate: A. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and B. Any mechanical and utility equipment in a structure must be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed. C. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow. D. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. 16 Subdivision 4. Structural Flood Proofing Standards. Alternative elevation methods other than the use of fill may be utilized to elevate a commercial and industrial 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) is designed to internally flood and is constructed with flood resistant materials; and 3) 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 flood proofing technique. When openings are placed in a structure's walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. 2. That the enclosed area will be constructed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. C. Basements, as defined in Section 1103.3 of this Ordinance, shall be subject to the following: 1. Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation. 17 2. Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 1103.07, Subd. 4 of this Ordinance. D. All areas of non-residential structures, including basements to be placed below the Regulatory Flood Protection Elevation, shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing classification in the State Building Code and this shall require making the structure water tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. Subdivision 5. Fill. A. Any fill deposited in the Flood Plain Overlay District shall be no more than the minimum amount necessary to conduct a conditional use listed in Section 1103.04,Subd. 2. B. The effects of any fill on the stage of the regional flood shall be analyzed as required by Section 1103.04, Subd. 2C. C. Fill shall be protected from erosion by vegetative cover. An erosion and sedimentation plan shall be required for any fill in excess of 1,000 cubic yards or in accordance with Section 4, Subdivision 33 of the City's Zoning Ordinance, whichever is less. D. Fill for Construction. Fill shall be adequately compacted and the slopes shall be 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 multistructure or multi -lot developments. These standards must be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Subdivision 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. 18 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. Subd. 7. Public Utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Subd. 8. Public Transportation Facilities. A. Railroad tracks, roads and bridges to be located within the Flood Plain Overlay District shall comply with Subd. 1 above. B. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of public transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. C. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Subd. 9. On-site Sewage Treatment and Water Supply Systems. Where public utilities are not provided: A. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and B. 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 shall not be subject to impairment or contamination during times of flooding. C. 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. 1103.08 Subdivisions. No land shall be subdivided which is held unsuitable by the City of Lino Lakes for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. Subdivision 1. All lots within the Flood Plain Overlay District shall contain a building site at or above the Regulatory Flood Protection Elevation. 19 Subd. 2. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this ordinance and have road access both to the subdivision and to the individual building sites no lower than the elevation of the 100 -year regional flood. Subd. 3. Removal of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 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. 1103.09 Manufactured Homes/Travel Trailers and Travel Vehicles. Subdivision 1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 1103.08 of this ordinance. Subd. 2. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in a Flood Plain Overlay District will be treated as a new structure and may be placed only if elevated in compliance with Section 1103.07 of this ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 1103.08, Subd. 2, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the City Council. Subd. 3. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not 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. Subd. 4. Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this ordinance and as specifically spelled out in Subsections C and D below. A. Exemption. Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Subsection B below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal 20 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 addition attached to it. 3. The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning district. B. Areas Exempted for Placement of Travel/Recreational Vehicles. 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. C. Travel trailers and travel vehicles exempted in Subsection A above lose this exemption when development occurs on the parcel exceeding dollars for a structural addition to the travel trailer/ travel vehicle or an accessory structures 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 specified in Section 1103.06 of this ordinance. D. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: 1. Any new or replacement travel trailer or travel vehicle will be allowed in the Flood Plain Overlay District provided said 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 Section 1103.08, Subd. 2 of this ordinance. No fill placed in the Flood Plain Overlay District to meet the requirements of this section shall increase flood stages of the 100 -year regional flood. 2. All new or replacement travel trailers or travel vehicles not meeting the criteria of Subpart 1 above may, as an alternative, be allowed as a Conditional Use if in accordance with the following provisions and the provisions of Section 1103.06, Subd. 2 of 21 this ordinance. a. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 -year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. b. All attendant sewage and water facilities for the new or replacement travel trailers or other recreational vehicles must be protected ' or constructed so as to not be impaired or contaminated during time so of flooding in accordance with Section 1103.07, Subd. 9 of this ordinance. 1103.10 Ordinance No. 88, Flood Plain District, as originally written, amended and approved is hereby deleted. Effective Date. This ordinance will take effect and be in force after its passage and official publication. Passed by the City Council of the City of Lino Lakes this 24th day of July 1995. ATTEST: Vernon F. Reinert, Mayor Mari lyrV G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. 22 Council Member Kuether introduced the following ordinance and moved its adoption: Chapter 1103 Flood Plain Management Ordinance No. 12-95 of the City Zoning Ordinance was adopted by the Lino Lakes City Council on July 24, 1995. Following is a summary of the provisions of that ordinance as adopted. A complete copy of the Ordinance is available for public review at City Hall, 1189 Main Street, Lino Lakes, MN., between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. The Ordinance shall take effect and be in force 30 days following its publication. CHAPTER 1103 FLOOD PLAIN MANAGEMENT ORDINANCE NO. 12-95 1103.01 Statutory Authorization, Findings of Fact and Purpose 1103.02 General Provisions 1103.03 Definitions 1103.04 Administration 1103.05 Establishment of Zoning District 1103.06 Floodplain Overlay District Uses 1103.07 Standards for Flood Plan Overlay District Uses 1103.08 Subdivisions 1103.09 Manufactured Homes/Travel Trailers and Travel Vehicles 1103.10 Amendments Vernon F. Reinert, Mayor ATTEST: Marilyn G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted. COUNCIL MINUTES JULY 24, 1995 upgrade the roadway. Mr. Schumacher noted that the expansion at the Correction Facility will generate additional traffic and nothing has been done to the road over the years. Council Member Kuether noted that Phase 111 of Apollo Drive will change the route of State Highway 49 directing traffic north before connecting to Lake Drive. Mr. Powell said that this improvement will be considered in the future. There was no one in the audience to speak about this improvement. Council Member Elliott moved to close the public hearing at 7:16 P.M. Council Member Bergeson seconded the motion. Motion carried unanimously. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Variance, Goldstar Builders, Wenzel Farms Townhomes - Ms. Wyland explained that she had received a letter from a law firm representing Goldstar Builders requesting that this matter be table until the next Council meeting. Council Member Kuether moved to table this matter until the August 14, 1995 Council meeting. Council Member Bergeson seconded the motion. Motion carried unanimously. Rezone, Willow Ponds for 10 Single Family Homes, SECOND READING, Ordinance No. 11 - 95 - Ms. Wyland explained that this item involves the Second eading of Ordinance No. 11 - 95 to rezone a portion of the Willow Ponds (Senior using) development to Single Family Residential (R-1). A preliminary plat for the 10 le family lots and the first reading of the ordinance were approved at the June 26, 5 Council meeting. The property is adjacent to the recently approved senior housing ect on the north side of Elm Street. has recommended approval of the SECOND READING of Ordinance No. 11 - 95. cil Member Elliott moved to approve the SECOND READING of Ordinance 11 - 95 ispense with the reading. Council Member Neal seconded the motion. Motion unanimously. owell explained that he has received some information regarding the governmental the senior housing project. This information will faciliate the development ent which should be completed by the end of the week. The TIF agreement should complete by the end of this week. The contractor is ready to start construction next week. No. 11 - 95 can be found at the end of these minutes. READING, Flood Plain Management Ordinance, No. 12 - 95 - Ms. Wyland that the State Legislature has mandated that local government units adopt to minimize flood loses by updating or adopting floodplain regulations. The PAGE 9 COUNCIL MINUTES Minnesota Department of Natural Resources (DNR) has provided a communities to use as a guide in this process. The City's existing Floodplain Management Ordinance was adopted in ordinance was given to the City Council in their packets. This model or recommended language contained in the DNR model ordinance and has Tom Hovey, DNR Area Hydrologist. Some minor differences between ordinance and the DNR Model concern language consistency with the L. Ordinance. The City Council approved the FIRST READING of Ordinance No. 12 - 95 26, 1995 meeting. Staff is recommending that the City Council approve the READING of Ordinance No. 12 - 95 and that a summary of the ordinance meet the publication requirements. Council Member Bergeson explained that City Council members received a letter sent to Mayor Reinert by the DNR outlining two (2) areas of the prop ordinance that should be modified to match the State model ordinance. He e concern regarding these items and asked if the SECOND READING of the o could be delayed until further information is available about the two (2) change Wyland explained that the letter from the DNR specifically addresses the Shorel Ordinance and not the Flood Plain Management Ordinance. She explained that Council recently adopted a Shoreland Ordinance and the DNR is suggesting two-_ modifications of that ordinance. Ms. Wyland noted that there have been no changes to the Flood Plain Manageme Ordinance since the FIRST READING was adopted by the City Council. Council Member Kuether moved to adopt the SECOND READING of Ordinance N - 95 and dispense with the reading. Council Member Neal seconded the motion. Mo carried unanimously. Mr. Schumacher asked Ms. Wyland to put the Shoreland Management Ordinance on next Council agenda so that the changes recommended by the DNR can be discussed the City Council. Ordinance No. 12 - 95 can be found at the end of these minutes. CITY ENGINEER'S REPORT, JOHN POWELL Consideration of Resolution No. 95 - 85 Receiving Bids for Well No. 4 (Clearwater Creek - Mr. Powell introduced Mr. Kurt Johnson from the Environment Department of TKDA. Mr. Johnson works on water system issues in Lino Lakes and probably will be working on the community water supply plan and is the lead designer on Well No. 4 and the pumphouse. PAGE 10