HomeMy WebLinkAbout2015-010 Council Ordinances151 Reading:
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Publication: December
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2nd Reading:
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Effective: nprpmhpr
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CITY OF LINO LAKES
ORDINANCE NO. 10-15
ORDINANCE 1103: FLOODPLAIN MANAGEMENT
The City Council of Lino Lakes ordains:
Section 1. The Lino Lakes Code of Ordinances, Chapter 1103 Floodplain Management,
is hereby repealed and replaced with the following:
CHAPTER 1103: FLOODPLAIN MANAGEMENT
Section
1103.01 Statutory authorization and purpose
1103.02 General provisions
1103.03 Definitions
1103.04 Establishment of zoning districts
1103.05 Floodway District
1103.06 Flood Fringe District
1103.07 General Floodplain District
1103.08 Land development standards
1103.09 Public utilities, railroads, roads, and bridges
1103.10 Manufactured homes, manufactured home parks, recreational vehicle parks
and recreational vehicles
1103.11 Administration
1103.12 Nonconformities
1103.13 Penalties and enforcement
1103.14 Amendments
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§ 1103.01 STATUTORY AUTHORIZATION AND PURPOSE.
(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 Lino Lakes, Minnesota does ordain as follows.
(2) Purpose.
(a) This ordinance regulates development in the flood hazard areas of the City of
Lino Lakes, Minnesota. These flood hazard areas are subject to the 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.
(b) National Flood Insurance Compliance. This ordinance is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as Title
44 Code of Federal Regulations Parts 59 — 78, as amended, so as to maintain the
community's eligibility in the National Flood Insurance Program.
(c) 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.
§ 1103.02 GENERAL PROVISIONS.
(1) How to Use This Ordinance: This ordinance adopts the floodplain maps applicable
to the City of Lino Lakes and includes three floodplain districts: Floodway, Flood Fringe,
and General Floodplain.
(a) Where Floodway and Flood Fringe districts are delineated on the floodplain
maps, the standards of § 1103.05 or § 1103.06 will apply, depending on the location of a
property.
(b) 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 §1103.05 apply unless the
floodway boundary is determined, according to the process outlined in § 1103.07. Once
the floodway boundary is determined, the Flood Fringe District standards in §1103.06
may apply outside the floodway.
(2) Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of the City of Lino Lakes shown on the Official Zoning Map and/or the
attachments to the map as being located within the boundaries of the Floodway, Flood
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Fringe, or General Floodplain Districts.
(a) 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 the zoning ordinance. In
case of a conflict, the more restrictive standards will apply.
(3) Incorporation of Maps by Reference. The following maps together with all
materials are hereby adopted by reference and declared to be a part of the Official Zoning
Map and this ordinance. The referenced material includes the Flood Insurance Study for
Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map
panels enumerated below, all dated December 16, 2015 and all prepared by the Federal
Emergency Management Agency. These materials are on file in the office of the City
Clerk and the Zoning Administrator.
• 270030335E
• 270030344E
• 270030345E
• 270030355E
270030360E
• 270030365E
• 270030366E
• 270030370E
(4) Regulatory flood protection elevation. The regulatory flood protection elevation
(RFPE) 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.
(5) Interpretation. The boundaries of the zoning districts are determined by scaling
distances on the Flood Insurance Rate Map.
(a) 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.
(b) 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
their own technical evidence.
(6) Abrogation and greater restrictions. It is not intended by this chapter to repeal,
abrogate or impair any existing easements, covenants, deed restrictions, or other private
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agreements. However, where this chapter imposes greater restrictions, the provisions of
this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby
repealed to the extent of the inconsistency only.
(7) Warning and disclaimer of liability. This chapter does not imply that areas outside
of the floodplain districts 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.
(8) Severability. If any section, clause, provision or portion of this chapter is adjudged
unconstitutional or invalid by a court of law, the remainder of this chapter shall not be
affected and shall remain in full force.
(9) Annexations. The Flood Insurance Rate Map panels adopted by reference into
§ 1103.02(3) above may include floodplain areas that lie outside of the corporate
boundaries of the City of Lino Lakes 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
chapter, the newly annexed floodplain lands will be subject to the provisions of this
chapter immediately upon the date of annexation.
§ 1103.03 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter must be
interpreted according to common usage and so as to give this chapter it's most reasonable
application.
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.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base
flood elevation" is used in the flood insurance study.
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 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.
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
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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.
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.
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.
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 chapter.
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. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study
for Anoka County, Minnesota.
FLOODPLAIN. The beds proper and areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
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.
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.
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.
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."
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
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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.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "Regional Flood"
(see definition).
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 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.
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 chapter, the term recreational vehicle is
synonymous with the term "travel trailer/travel vehicle."
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 the
Flood Insurance Study.
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 flood plain that result from designation of a
floodway.
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.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes
synonymous with "One Hundred Year Floodplain."
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 § 1103.10 (2)(b) of this chapter and other similar items.
SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure
where the cost of restoring the structure to it's before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
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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 chapter, "historic structure" is as defined in Title 44 Code of Federal Regulations,
Part 59.1.
VARIANCE. A modification of the strict provisions of this chapter as applied to a
specific piece of property in order to provide relief for a property owner because of
exceptional hardship imposed upon the property by this chapter. 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.
ZONING ADMINISTRATOR. The Community Development Director, or assigns,
who is charged with the administration and enforcement of this chapter.
§ 1103.04 ESTABLISHMENT OF ZONING DISTRICT.
(1) Districts.
(a) Floodway District. The Floodway District includes those areas designated as
floodway on the Flood Insurance Rate Map adopted in § 1103.02(3). For lakes, wetlands
and other basins, the Floodway District includes those areas designated as Zone A or AE
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.
(b) Flood Fringe District. The Flood Fringe District includes those areas designated
as flood fringe on the Flood Insurance Rate Map adopted in § 1103.02(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 A or AE on the Flood Insurance Rate Map panels adopted in
§ 1103.02(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.
(c) 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
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Map adopted in § 1103.02(3), but not subject to the criteria in § 1103.04(1)(a) and (b)
above.
(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 chapter and other applicable
regulations. All uses not listed as permitted uses or conditional uses in § 1103.05,
1103.06, and 1103.07, respectively, shall be prohibited. In addition, a caution is provided
here that:
(a) New and replacement manufactured homes and certain recreational vehicles are
subject to the general provisions of this chapter and specifically § 1103.10 and Chapter
1007: Zoning Code.
(b) 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 chapter and specifically
§1103.12 and Chapter 1007: Zoning Code.
(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
chapter and specifically as stated in § 1103.11.
(d) Critical facilities, as defined in § 1103.03, are prohibited in all floodplain
districts.
§ 1103.05 FLOODWAY DISTRICT (FW).
(1) Permitted uses. The following uses, subject to the standards set forth in
§ 1103.05 (2), are permitted uses if otherwise allowed in the underlying base zoning
district or any applicable overlay district:
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
(b) Industrial -commercial loading areas, parking areas and airport landing strips.
(c) Open space uses, including but not limited to private and public golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps,
seasonal docks, swimming areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, hunting and fishing areas, and single- or multiple -purpose
recreational trails.
(d) Residential lawns, gardens, parking areas and play areas as long as no permanent
structures are constructed.
(e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that
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the Department of Natural Resources' Area Hydrologist is notified at least ten days prior
to issuance of any permit, and that the standards in § 1103.05(4)(a), 1103.05(4)(c)1, and
1103.05(4)(f) of this chapter are met.
(2) Standards for Floodway Permitted Uses.
(a) The use must have a low flood damage potential.
(b) With the exception of the uses listed in 1103.05(1)(e), 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.
(c) 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.
(3) Conditional uses. The following uses may be allowed as conditional uses
following the standards and procedures set forth in § 1103.11(4) of this chapter and
further subject to the standards set forth in § 1103.05(4), if otherwise allowed in the
underlying zoning district or any applicable overlay district.
(a) Structures accessory to the uses listed in § 1103.05(1) and the uses listed below.
(b) Extraction and storage of sand, gravel and other materials.
(c) Marinas, boat rentals, permaent docks, piers, wharves and water control
structures,
(d) Storage yards for equipment, machinery or materials.
(e) Placement of fill or construction of fences that obstruct flood flows. Farm
fences, as defined in § 1103.03, are permitted uses.
(0 Travel -ready recreational vehicles meeting the exemption standards in
§ 1103.10(3).
(g) 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) Standards for Floodway Conditional Uses.
(a) 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.
(b) Fill; Storage of Materials and Equipment:
1. The storage or processing of materials that are, in time of flooding, flammable,
explosive or potentially injurious to human, animal or plant life is prohibited.
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2. 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.
3. 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.
(c) Accessory Structures:
1. Accessory structures must not be designed for human habitation.
2. 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:
a. Whenever possible, structures must be constructed with the longitudinal axis
parallel to the direction of flood flow; and
b. So far as practicable, structures must be placed approximately on the same
flood flow lines as those of adjoining structures.
3. Accessory structures shall be elevated on fill or structurally dry floodproofed in
accordance with the FP -I or FP -2 flood -proofing classifications in the State Building
Code. All floodproofed accessory structures must meet the following additional
standards:
a. The structure must be adequately anchored to prevent flotation, collapse or
lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and
b. Any mechanical and utility equipment in the structure must be elevated to or
above the regulatory flood protection elevation or properly floodproofed.
4. As an alternative, an accessory structure may be internally/wet floodproofed 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 576 square feet in
the size. A detached garage may only be used for parking of vehicles and limited storage.
All flood -proofed accessory structures must meet the following standards:
a. 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
b. 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.
(d) Structural works for flood control that will change the course, current or cross
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section of protected wetlands or public waters are subject to the provisions of Minnesota
Statutes, Section 103G.245.
(e) 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.
(f) Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
§ 1103.06 FLOOD FRINGE DISTRICT (FF).
(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 § 1103.06 (2).
(2) Standards for Flood Fringe permitted uses.
(a) 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.
1. All service utilities, including ductwork, must be elevated or water -tight to
prevent infiltration of floodwaters.
2. 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 § 1103.05 (4)(c).
(b) 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 § 1103.06 (2) of this ordinance, or if allowed as a conditional use under
§ 1103.06 (3)(c) below.
(c) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
(d) 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.
(e) Fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
(f) 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.
(g) 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
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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.
(h) 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.
(i) Flood fringe developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
(j) Manufactured homes and recreational vehicles must meet the standards of
§ 1103.10 of this ordinance.
(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 § 1103.11 (4) of this chapter.
(a) Any structure that is not elevated on fill or floodproofed in accordance with
§ 1103.06 (2)(a) of this chapter.
(b) Storage of any material or equipment below the regulatory flood protection
elevation.
(c) 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 § 1103.06 (2)(a) of this chapter.
(4) Standards for Flood Fringe conditional uses.
(a) The standards listed in § 1103.06 (2)(d) through (j) apply to all conditional uses.
(b) Basements, as defined by § 1103.03 of this chapter, are subject to the following:
1. Residential basement construction is not allowed below the regulatory flood
protection elevation.
2. Non-residential basements may be allowed below the regulatory flood
protection elevation provided the basement is structurally dry floodproofed in accordance
with § 1103.06 (4)(c) of this chapter.
(c) 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.
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(d) 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.
1. 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.
2. The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City Council.
3. The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
(e) 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.
(f) 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:
1. 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.
2. 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:
a. 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
b. That the enclosed area will be designed of flood resistant materials in
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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.
§ 1103.07 GENERAL FLOODPLAIN DISTRICT (GF).
(1) Permitted uses.
(a) The uses listed in § 1103.05 (1) of this chapter, Floodway District Permitted
Uses.
(b) All other uses are subject to the floodway/flood fringe evaluation criteria
specified in § 1103.07 (2) below. § 1103.05 applies if the proposed use is determined to
be in the Floodway District. § 1103.06 applies if the proposed use is determined to be in
the Flood Fringe District.
(2) Procedures for Floodway and Flood Fringe determinations.
(a) 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.
(b) 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 § 1103.07 (2)(c) below.
(c) The determination of floodway and flood fringe must include the following
components, as applicable:
1. Estimate the peak discharge of the regional (1% chance) flood.
2. Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
3. Compute the floodway necessary to convey or store the regional flood without
increasing flood stages more than 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.
(d) 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.
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(e) 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 § 1103.05 and 1103.06 of this chapter.
§ 1103.08 LAND DEVELOPMENT STANDARDS.
(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
Lino Lakes.
(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 chapter.
(a) 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.
(b) 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.
(c) 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.
(d) In the General Floodplain District, applicants must provide the information
required in § 1103.07 (2) of this chapter to determine the regional flood elevation, the
Floodway and Flood Fringe District boundaries and the regulatory flood protection
elevation for the subdivision site.
(e) If a subdivision proposal or other proposed new development is in a flood prone
area, any such proposal must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage
within the flood prone area,
2. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage, and
3. Adequate drainage is provided to reduce exposure of flood hazard.
(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:
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(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.
§ 1103.09 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES.
(1) Building site. 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.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located
within the floodplain must comply with § 1103.05 and 1103.06 of this chapter. 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.
(3) On-site water supply and sewage treatment 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 must 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 is considered to be in
compliance with this Section.
§ 1103.10 MANUFACTURED HOME PARKS, MANUFACTURED HOMES,
RECREATIONAL VEHICLE PARKS, AND RECREATIONAL VEHICLES.
(1) Manufactured home parks. New manufactured home parks and expansions to
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existing manufactured home parks are prohibited in any floodplain district.
(2) Manufactured homes.
(a) The placement or replacement of manufactured home units are prohibited in the
Floodway District.
(b) The placement or replacement of manufactured home units in the Flood Fringe
District is subject to the requirements of § 1103.06 of this chapter and the following
standards:
1. New and replacement manufactured homes must be elevated in compliance with
§ 1103.06 of this chapter 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.
2. New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in § 1103.08 (2)(b).
(3) Recreational vehicle parks. 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 § 1103.10 (4)(b) in this chapter.
(4) Recreational vehicles.
(a) Recreational vehicles are exempt from the provisions of this chapter if they are
placed in any of the following areas and meet the criteria listed in § 1103.10 (4)(b):
1. Individual lots or parcels of record.
2. Existing commercial recreational vehicle parks or campgrounds.
3. Existing condominium -type associations.
(b) Criteria for Exempt Recreational Vehicles:
1. The vehicle must have a current license required for highway use.
2. 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.
3. No permanent structural type additions may be attached to the vehicle.
4. The vehicle and associated use must be permissible in any pre-existing,
underlying zoning district.
5. Accessory structures are not permitted within the Floodway District. Any
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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 § 1103.10 (4)(b).
6. An accessory structure must constitute a minimal investment.
(c) Recreational vehicles that are exempt in § 1103.10 (4)(b) 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 § 1103.06 of this chapter. 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.
§ 1103.11 ADMINISTRATION.
(1) Zoning Administrator. The Zoning Administrator shall administer this chapter.
(2) Permit requirements.
(a) Permit required. A permit must be obtained from the Zoning Administrator
prior to conducting the following activities, in the floodplain:
1. 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 chapter.
2. The use or change of use of a building, structure or land.
3. The construction of a dam, fence, or on-site septic system, although a permit is
not required for a farm fence as defined by this chapter.
4. The change or extension of a nonconforming use.
5. The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
6. The placement of fill, excavation of materials or the storage of materials or
equipment within the floodplain.
7. Relocation or alteration of a watercourse, including new or replacement culverts
and bridges, unless a public waters work permit has been applied for.
8. Any other type of "development" as defined in this chapter.
(b) 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:
1. A site plan showing all pertinent dimensions, elevations, existing or proposed
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buildings, structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state or federal permits or approvals.
4. Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
(c) Certificate of zoning compliance for 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 chapter.
(d) 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
chapter. Floodproofing measures must be certified by a registered professional engineer
or registered architect.
(e) 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
must also maintain a record of the elevations to which structures and alterations or
additions to structures are floodproofed.
(f) Notification 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 the Minnesota Statues, 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).
(g) Notification to FEMA when physical changes increase or decrease base flood
elevations. As soon as 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.
(3) Variances. An application for a variance to the provisions of this chapter will be
processed in accordance with Chapter 1007: Zoning Code and reviewed in accordance
with the following:
(a) 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.
(b) Additional variance criteria. The following additional variance criteria of the
Federal Emergency Management Agency must be satisfied:
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1. 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.
2. Variances may only be issued by a community upon:
a. Showing of good and sufficient cause,
b. Determination that failure to grant the variance would result in exceptional
hardship to the applicant, and
c. 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.
3. Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(c) 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.
(d) Factors used in decision making. In passing variance applications, the City
Council must consider all relevant factors specified in other sections of this chapter and
those factors identified in § 1103.11(5) of this chapter.
(e) 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.
(f) 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.
(g) 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.
(4) Conditional uses.
(a) Application. An application for a conditional use permit under the provisions of
this chapter will be processed and reviewed in accordance with Chapter 1007: Zoning
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Code, in addition to the following supplemental information:
1. Determination of flood hazards.
a. 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 the following information as is deemed
necessary by the Zoning Administrator for the determination of the regulatory flood
protection elevation:
i. 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;
ii. 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; and
iii. Profile showing the slope of the bottom of the channel or flow line of the
stream for at least 500 feet in either direction from the proposed development.
b. 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:
i. Estimate the peak discharge of the regional flood;
ii. Calculate the water surface profile of the regional flood based upon a
hydraulic analysis of the stream channel and overbank areas; and
iii. 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.
c. 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.
(b) 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
chapter and those factors identified in § 1103.11(5) of this chapter
(c) Conditions attached to conditional use permits. The City Council may attach
such conditions to the granting of the conditional use permits as it deems necessary to
fulfill the purpose of this chapter. These conditions may include, but are not limited to,
the following:
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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; and
5. Flood -proofing measures, in accordance with the State Building Code and this
chapter. The applicant must 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.
(d) 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.
(e) 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.
(5) General considerations. The community shall 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;
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(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.
§ 1103.12 NONCONFORMITIES.
(1) Continuance of nonconformities. A use, structure, or occupancy of land which
was lawful before the passage or amendment of this chapter but which is not in
conformity with the provisions of this section may be continued subject to the following
conditions. Historic structures, as identified in § 1103.03 of this chapter, are subject to
the provisions of § 1103.12 (1)(a) through (f) below.
(a) 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 flows except as provided in (b) below. Expansion or enlargement of
uses, structures or occupancies within the Floodway District is prohibited.
(b) 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 through FP -4 floodproofing
classifications) allowable in the State Building Code, except as further restricted in (c)
and (g) below.
(c) If the cost of all previous and proposed alterations and additions exceeds 50% of
the market value of the nonconforming structure, then the entire structure must meet the
standards of § 1103.05 or § 1103.06 of this chapter 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.
(d) 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
chapter.
(e) If any nonconformity is substantially damaged, as defined in § 1103.03 of this
chapter, it may not be reconstructed except in conformity with the provisions of this
chapter. The applicable provisions for establishing new uses or new structures in
§ 1103.05 or § 1103.06 will apply depending upon whether the use or structure is in the
Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in
§ 1103.03 of this chapter, it must not be reconstructed except in conformity with the
provisions of this chapter.
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(g) Any substantial improvement, as defined in § 1103.03 of this chapter, to a
nonconforming structure requires that the existing structure and any additions must meet
the requirements of § 1103.05 or § 1103.06 of this chapter for new structures, depending
upon whether the structure is in the Floodway or Flood Fringe District.
§ 1103.13 PENALTIES AND ENFORCEMENT.
(1) Violation constitutes a misdemeanor. Violation of the provisions of this chapter
or failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
(2) Other lawful action. Nothing in this chapter restricts the City of Lino Lakes from
such taking 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 shall constitute an additional
violation of this chapter and shall be prosecuted accordingly.
(3) Enforcement. 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 City 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.
(a) 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 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.
(b) 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 community. If the
construction or development is already completed, then 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 and after -the -fact permit/development
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approval within a specified period of time not to exceed 30 days.
§ 1103.14 AMENDMENTS.
(1) Floodplain designation — restrictions on removal. The flood plain designation on
the official flood plain 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.
(2) Amendments require DNR approval. All amendments to this chapter must be
submitted to and approved by the Commissioner of the Department of Natural Resources
prior to adoption. The Commissioner must approve the amendment prior to community
approval.
(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 § 1103.02 (3) of this chapter.
Section 2. 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 Lino Lakes City Council this 23 day of November , 2015.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member Roeser and was duly seconded by Council Member Kustermart nd
upon vote being taken thereon, the following voted in favor thereof:
Roeser, Kusterman, Rafferty, Stoesz, Ertl__,/
The following voted against same:
none
ATTEST:
e Bartell, Ci Cle
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Jeff Reine V or
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Katy Thompson, WSB & Associates, Inc.
MEETING DATE: November 23, 2015
TOPIC: City Code Chapter 1103: Floodplain Management,
Katy Thompson, WSB & Associates
i) Consider 2nd Reading of Ordinance No. 10-15, Amending
City Code Chapter 1103
ii) Consider Resolution No. 15-137 Approving Summary
Publication of Ordinance No. 10-15
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to amend the City's Floodplain Management
regulations. Council approved the 1st Reading on November 9, 2015. A few typographical and
formatting corrections have been made since the 1st Reading.
BACKGROUND
As part of a national five-year map modernization effort, FEMA flood risk maps being updated
for the state of Minnesota. These maps are used to determine flooding risks and flood
insurance premiums for property owners. The new maps will incorporate new available
technical data, have aerial photo backgrounds, to make it easier to find specific addresses, and
will also be produced digitally for use with computer mapping programs. The current City of
Lino Lakes flood risk maps were last updated in 1982.
FEMA has issued their Final Letter of Determination for the updated Anoka County Flood
Insurance Study and Flood Insurance Rate Maps. As part of the process, communities
participating in the National Flood Insurance Program, like Lino Lakes, must adopt new
floodplain management ordinances before the new maps become effective on December 16,
2015.
The City's existing requirements within Chapter 1103 of the City Code are based on previous
National Flood Insurance Program [NFIP] regulations. City staff has been working with WSB
to amend the code requirements for consistency with the new FEMA flood risk maps, as well
as new NFIP and state requirements. A summary of the proposed changes, by section, is
attached.
Website links to the FEMA Floodplain Maps can be found on the City's website home page.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 10-15 and Resolution No.
15-137 Summary Publication.
ATTACHMENTS
1. Summary of Changes
2. Ordinance No. 10-15
3. Resolution No. 15-137
2
Summary of Changes for Chapter 1103: Floodplain Management
11/2/2015 (Council Work Session) and 11/9/15 (Council 1st Reading)
General: The Floodplain Management regulations have been modified to comply with the Federal
Emergency Management Agency [FEMA] revised Flood Insurance Study and Flood Insurance Rate Map
panels for Anoka County, as well as to improve organization thought the section. Eight new sections
have been created though modification; §1103.05 Floodway District, §1103.06 Flood Fringe District,
§1103.07 General Floodplain District, §1103.08 Land Development Standards, §1103.09 Public Utilities,
Railroads, Roads and Bridges, §1103.12 Nonconformities, §1103.13 Penalties and Enforcement, and
§1103.14 Amendments.
§1103.01 Statutory Authorization and Purpose
Language in this section has been amended, added and stricken:
1) Statutory authorization
• Updated Minnesota State Statute references
2) Purpose
This section was previously subpart 2) Findings of fact, which has been incorporated and
renamed. Purpose was previously located in 1103.001 subpart 2.d.
■ Added grammatical corrections
• Strikes subpart 2.b) as covered in Stormwater Ordinance
• Moves and modifies subpart 2.c) to 1103.11 subpart 4.a)1.
• Strikes subpart 2.d) as incorporated in 2.a
• Added subpart 2.b) National Flood Insurance Compliance
• Added subpart 2.c) provision for preservation of natural characteristics and functions of
waterways and floodplains
§1103.02 General Provisions
Significant language was amended, added and reorganized in this section. The following is a summary of
the changes made in this section:
1) How to use this ordinance
This section was previously subpart 1) Jurisdiction, which has been moved and incorporated
within 1103.002 subpart 2) Lands to which ordinance applies. How to use this ordinance is
a new section.
■ Added new floodplain districts (floodway, flood fringe, and general floodplain)
2) Lands to which ordinance applies
This section was previously subpart 2) Establishment of official zoning map, which has been
moved and incorporated within to 1103.002 supart 3) Incorporation of maps by reference.
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■ Added new floodplain districts (floodway, flood fringe, and general floodplain)
• Minor grammatical changes
3) Incorporation of maps by reference
This section was previously subpart 2). The title was changed. The previous subpart 3) Rules
for interpretation of district boundaries has been moved to subpart 5) Interpretation.
■ References new Flood Insurance Study dates and map panels.
4) Regulatory flood protection elevation
Minor grammatical changes only.
5) Interpretation
This section previously covered Compliance which has been moved to 1103.04 subpart 2).
Interpretation was previously located in 1103.02 subpart 7).
• City engineer was changed to Zoning Administrator
• Added language for Zoning Administrator's role in interpretation of floodplain
boundaries
■ Minor grammatical changes
6) Abrogation and greater restrictions
This section was previously covered Penalties for Violation, which has been moved to
1103.013. Abrogation and Greater Restrictions was previously located in 1103.02 subpart
8).
■ Added "or other private agreements"
7) Warning and disclaimer of liability
This section was previously covered Interpretation, which has been moved to 1103.013.
Warning and disclaimer of liability was previously located in 1103.02 subpart 9).
■ City engineer was changed to Zoning Administrator
8) Severability
This section was previously covered Abrogation and greater restrictions, which has been
moved to 1103.02 subpart 6). Severability was previously located in 1103.02 subpart 10).
• Minor grammatical changes
9) Annexations
This section was previously covered Warning and disclaimer of liability, which has been
moved to 1103.02 subpart 7). Annexations is a new subpart added by the DNR to prevent
future annexations from triggering amendments of the floodplain ordinance.
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L.-
§1103.03 Definitions
The following definitions have been added or revised:
Base Flood Elevation — Definition was added.
Basement— Definition had minimal language change.
Conditional Use—Definition was amended.
Critical Facilities — Definition was added.
Development— Definition was added.
Farm Fence — Definition was added.
Flood Fringe — Definition was added.
Floodway— Definition was added.
Lowest Floor — Definition was added.
Manufactured Home — Definition was added.
One Hundred Year Floodplain — Definition was added.
Principal Use or Structure — Definition was added.
Reach — Definition was added.
Recreation Vehicle — Definition was added.
Regional Flood — Definition had minimal language change.
Regulatory Flood Protection Elevation — Definition had minimal language change.
Repetitive Loss — Definition was added.
Special Flood Hazard Area — Definition was added.
Structure — Definition was added.
Substantial Damage— Definition was added.
Substantial Improvement— Definition was added.
Variance — Definition had minimal language change.
Zoning Administrator — Definition was added.
§1103.04 Establishment of Zoning District
This section previously covered Administration which has been moved to 1103.11. Establishment of
Zoning District was previously located in 1103.05. Significant language was amended, added and
reorganized in this section. The following is a summary of the changes made in this section:
1) Districts
• Adds new overlay districts for Floodway, Flood Fringe and General Floodplain
• Renamed title from Flood Plain Overlay District
2) Compliance
This section was previously District application, which has stricken. Compliance was
previously located in 1103.02 subpart 5).
■ Amends existing language to reflect the three new floodplain districts
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■ Adds new subpart 2)c requiring all electric and HVAC facilities be floodproofed or
located above flood elevations
• Adds new subpart 2)e prohibiting critical facilities, such as hospitals, from all floodplain
districts.
3) Regulatory flood protection elevation - section has been stricken, covered in section
1103.03.
§1103.05 Floodway District (FW)
This section previously covered Establishment of Zoning District which has been moved to 1103.04.
Floodway District is a new section. The intent of this section is to protect the floodway so it can
transport and store the waters of the 100 -year flood without increased flood heights, velocities or
threats to public health and safety.
§1103.06 Flood Fringe District (FF)
This section previously covered Floodplain Overlay District Uses which has been stricken. Flood Fringe
District is a new section; however it is similar in requirements to the old section 1103.06 Floodplain
Overlay District.
§1103.07 General Floodplain District (GF)
This section previously covered Standards for Flood Plain Overlay District Uses which has been stricken.
General Floodplain District is a new section, intended to establish standards for determination of
floodplain district when none is specified. It also requires the community to assess the cumulative
effects of any floodway encroachments due to development.
§1103.08 Land Development Standards
This section previously covered Subdivisions which has been incorporated. Land Development
Standards is a new section; however it incorporates old section 1103.08 Subdivisions and adds the
following:
■ Subpart 2)a requires building sites be outside Floodway District
• Subpart 2)b requires road access to new subdivisions must be no lower than two feet
below RFPE
• Subpart 2)d requires applicants provide determination of regional flood elevation
• Subpart 3) Building sites requirements for new construction or substantial
improvements within a flood -prone area
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§1103.09 Public Utilities, Railroads, Roads and Bridges
This section previously covered Manufactured Homes/Travel Trailers and Travel Vehicles which has
been moved to section 1103.10. Public Utilities, Railroads, Roads and Bridges is a new section;
however it incorporates portions of old section 1103.08 Subdivisions and adds the following:
• Subpart 1) Building Site requires floodproofing or elevation above RFPE for public
utilities and facilities in floodplain
• Subpart 2) Public Transportation Facilities
• Subpart 3) On -Site Water Supply and Sewage Treatment Systems
§1103.10 Manufactured Homes, Manufactured Home Parks, Recreational Vehicle Parks, and
Recreation Vehicles
This is a new section, Manufactured Homes, Manufactured Home Parks, Recreational Vehicle Parks,
and Recreation Vehicles was previously located in section 1103.09, title has been changed. Significant
language was amended, added and reorganized in this section. The following is a summary of the
changes made in this section:
1) Manufactured Home Parks
■ Adds new manufactured home parks and expansion to existing parks are prohibited in
all floodplain districts, unless exemption criteria are met
2) Manufactured Homes
• Adds the placement of new or replacement manufactured homes are prohibited in the
Floodway District
• Adds standards and requirements for placement of new or replacement manufactured
homes in the Flood Fringe District
• Adds same vehicular access requirements as required for new subdivisions
3) Recreational Vehicle Parks
■ Prohibits new RV parks or expansion to existing RV parks in all floodplain districts unless
exemption criteria are met
4) Recreational Vehicles
■ Adds exemption criteria for new RV parks and expansions to existing RV parks
§1103.11 Administration
This is a new section, Administration was previously located in 1103.04. Significant language was
amended, added and reorganized in this section. The following is a summary of the changes made in this
section:
1) Zoning Administrator
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■ Minor grammatical changes only
2) Permit Requirements
• Added language for construction of dam, fence or septic system permit requirements
• Added language for repair of structures
• Added language for relocation or alteration of watercourses
• Added language for other development
• Renamed subpart 2)b Application for permit
• Added requirements for permit applications to include other required agency permits
and/or approvals
• Renamed subpart 2)c Certificate of zoning compliance, which was previously located in
1103.04 subpart 3).
■ Added subpart 2)d Certification, which was previously located in 1103.04 subpart 5).
■ Added subpart 2)e Record of first floor elevation, which was previously located in
1103.04 subpart 6).
• Added new subpart 2)f Notification for watercourse alterations
■ Added new subpart 2)g Notification to FEMA when physical changes increase or
decrease base flood elevations
• Minor grammatical changes throughout
3) Variances
This section was previously Certificate of zoning compliance, which has been moved to
1103.011 subpart 2)c. Variances was previously located in 1103.04 subpart 7).
■ Renamed subpart 3)a Adherence to state floodplain management standards
• Added new subpart 3)b Additional variance criteria per FEMA requirements
■ Added new subpart 3)c Flood insurance notice per FEMA requirements
• Added subpart 3)d Factors used in decision making, which was previously located in
section 1103.04 subpart 8)e Basis of decision, changed title
• Added new subpart 3)e Submittal of hearing notices to the DNR
■ Added new subpart 3)f Submittal of final decisions to DNR
• Added new subpart 3)g Record-keeping
4) Conditional Uses
This section was previously Issuance of permits and certificate, which has been stricken.
Conditional Uses was previously located in 1103.04 subpart 8).
• Renamed subpart 4)a Administrative review
• Added subpart 4)a.1 Determination of flood hazards which had been previously located
in section 1103.04 subpart 8)f.
• Added subpart 4)b Factors used in decision-making, which had been previously located
in section 1103.04 subpart 8)e
• Added subpart 4)c Conditions attached to conditional use permits, which had been
previously been section 1103.04 subpart 8)g
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■ Added new subpart 4)d Submital of hearing notices to the DNR
• Added new subpart 4)e Submittal of final decisions to DNR
5) General Considerations
This section was previously Certification, which has been moved to 1103.011 subpart 2)d.
General Considerations is a new section recommended by the DNR as guidance for
communities in reviewing variance and conditional use applications.
§1103.12 Nonconformities
This is a new section, Nonconformities was previously located in 1103.06 subpart 4 Nonconforming
uses. Language was amended and added in this section. The following is a summary of the changes
made in this section:
1) Continuance of nonconformities
• Refined existing language regarding expansion or alteration of nonconforming
structures (e.g. Buildings and structures within the Floodway District may not be
enlarged or expanded)
• Adds requirement that any addition or structural alteration of a nonconforming
structure must be protected to the regulatory flood protection elevation
• Refines existing language regarding maximum lifetime cost of alterations and additions
of nonconforming structures
■ Adds language on substantial damage, repetitive losses and substantial improvements
for nonconforming structures
§1103.13 Penalties and Enforcement
This is a new section, Penalties and Enforcement was previously located in 1103.02 subpart 9 Penalties.
Language was amended in this section. The following is a summary of the changes made in this section:
• Added subpart titles
• Minor grammatical changes
§1103.14 Amendments
This is a new section, Amendments was previously located in 1103.04 subpart 9. Language was
amended and added in this section. The following is a summary of the changes made in this section:
• Added subpart titles
• Minor grammatical changes
• Added new subpart 3) Map revisions require ordinance amendments
11/23/15 (Council 2nd Reading)
A few typographical and formatting corrections have been made since the 1st Reading.
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