HomeMy WebLinkAboutFINAL ORDINANCE NO. 80-64CITY OF LAKE ELMO
WASHINGTON COUNTY
SUMMARY OF ORDINANCE 8064
RELATING TO FLOODPLAIN MANAGEMENT
On May 5, 1992, the Lake Elmo City Council adopted Ordinance
8064 relating to Floodplain Management within the City of
Lake Elmo.
On May 5, 1992, the Lake Elmo City Council received a
summary of Ordinance 8064 and by 5 affirmative
votes, approved the publication of a summary of this
ordinance, to wit:
THE LAKE ELMO CITY COUNCIL ORDAINS THAT THE FOLLOWING
SECTIONS OF THE LAKE ELMO MUNICIPAL CODE ARE HEREBY ADOPTED:
SECTION 303.010 STATUTORY AUTHORIZATION, FINDINGS OF
FACT AND PURPOSE
SECTION 303.020 GENERAL PROVISIONS
SECTION 303.030 DEFINITIONS
SECTION 303.040 ESTABLISHMENT OF FLOODPLAIN DISTRICT
SECTION 303.050 FLOODPLAIN DISTRICT
SECTION 303.060 PUBLIC UTILITIES, RAILROADS, AND BRIDGES
SECTION 303.070 ADMINISTRATION
SECTION 303.080 BOARD OF ADJUSTMENT AND APPEALS
SECTION 303.090 CONDITIONAL USES - STANDARDS OF
EVALUATION PROCEDURES
SECTION 303.100 NONCONFORMING USES
SECTION 303.110 PENALTIES FOR VIOLATION
SECTION 303.120 AMENDMENTS
THE LAKE ELMO CITY COUNCIL ORDAINS THAT THE FOLLOWING
SECTION OF THE LAKE ELMO MUNICIPAL CODE IS HEREBY REPEALED
IN ITS ENTIRETY.
SECTION 304 FLOOD PLAIN MANAGEMENT
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A complete copy of Ordinance 8064 Floodplain Management
within the City of Lake Elmo is on file in t e office of the
city administrator and can be viewed b the ublic during
normal business hours. , _
David Johnson, Mh-ybr
Attest:
Mary Kue her, ,ity Administrator
STATE OF MINNESOTA
COUNTY OF WASHINGTON
CITY OF LAKE ELMO
ORDINANCE 8064
AN ORDINANCE ADDING CHAPTER 303 AND REPEALING CHAPTER 304 OF
THE LAKE ELMO MUNICIPAL CODE RELATING TO
FLOODPLAIN MANAGEMENT
The City Council ordains that Chapter 303 and its
subsections shall be added to the Lake Elmo Municipal code
to read as follows:
FLOODPLAIN MANAGEMENT ORDINANCE
SECTION 303.010 STATUTORY AUTHORIZATION, FINDINGS OF FACT
AND PURPOSE
A. Statutory Authorization: The legislature of the State of
Minnesota has, in Minnesota Statutes Chapter 103F and 462.357
delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore, the
City Council of Lake Elmo, Minnesota does ordain as follows:
1. The flood hazard areas of Lake Elmo, Minnesota, are
subject to periodic inundation which results in potential
loss of life, loss of property, health and safety hazards,
disruption of commerce and governmental services, extra-
ordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
2. Methods Used to Analyze Flood Hazards. This Ordinance
is based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the
Minnesota Department of Natural Resources.
C. Title: The provisions of Lake Elmo Code Sections 303.010
through 303.120 and amendments thereto shall be referred to as the
Floodplain Regulation.
D. Statement of Purpose: It is the purpose of the Floodplain
Regulation to promote the public health, safety, and general
welfare and to minimize those losses described in Section 303.010
B. by provisions contained herein.
SECTION 303.020 GENERAL PROVISIONS
A. bands to Which Ordinance Applies: The Floodplain Regulation
shall apply to all lands within the jurisdiction of the City of
Lake Elmo shown on the City's Flood Boundary and Floodway Map and
the Flood Insurance Rate Map dated July 2, 1979 (hereinafter
Official Maps") as being located within the boundaries of the
Floodway, Flood Fringe, or General Floodplain Districts. These
Official Maps are hereby adopted by reference and declared to be a
part of the Floodplain Regulation.
B. Regulatory Flood Protection Elevation: The Regulatory Flood
Protection Elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the floodplain that
result from designation of a floodway.
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1. In their interpretation and application, the provisions
of the Floodplain Regulation shall be held to be minimum
requirements and shall be liberally construed in favor of the
City of Lake Elmo and shall not be deemed a limitation or
repeal of any other powers granted by State Statutes.
2. Where interpretation is needed as to the exact location
of the boundary of the floodplain district as shown on the
Official Maps, as for example where there appears to be a
conflict between a mapped boundary and actual field conditions
and there is a formal appeal of the decision of the Zoning
Administrator, the Board of Adjustment shall make the necessary
interpretation. All decisions will be based on elevations on
the regional (100 -year) flood profile and other available tech-
nical data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to present
their case to the Board and to submit technical evidence.
D. Ahroga_ion and Grpatpr Restrictions: The provisions of the
Floodplain Regulation are not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions.
However, where the Floodplain Regulation imposes greater restric-
tions, the provisions of the Floodplain Regulation shall prevail.
All other ordinances inconsistent with the Floodplain Regulation
are hereby repealed to the extent of the inconsistency only.
E. Warning and Disclaimer of Liability: The Floodplain
Regulation does not imply that areas outside the floodplain
districts or land uses permitted within such districts will be
free from flooding or flood damages. The Floodplain Regulation
shall not create liability on the part of the City of Lake Elmo or
any officer or employee thereof for any flood damages that result
from reliance on the Floodplain Regulation or any administrative
decision lawfully made thereunder.
F. Severability: If any section, clause, provision, or portion
of the Floodplain Regulation is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of the
Floodplain Regulation shall not be affected thereby.
SECTION 303.030 DEFINITIONS
Unless specifically defined below, words or phrases used in this
Section shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the Floodplain
Regulation its most reasonable application. In the event that a
definition in Section 301.040 is different than the definition
herein, the definition found in this Section shall apply.
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Accessory Use or Structure - a use or structure on the same lot
with, and of a nature customarily incidental and subordinate to,
the principal use or structure.
Basement - means 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 - means a specific type of structure or land use
listed in this ordinance that may be allowed but only after an
in-depth review procedure and with appropriate conditions or
restrictions as provided in Section 301.060 C. of the City Code.
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.
Finished Fill - means soil compaction area and the final grade
outside the wall and foundation of a structure.
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 equalled or exceeded.
Flood Fringe - that portion of the floodplain outside of the flood -
way. Flood fringe is synonymous with the term "floodway fringe"
used in the Flood Insurance Study for the City of Lake Elmo.
Floodplain - the beds proper and the areas adjoining a wetland,
lake or watercourse which have been or hereafter may be covered by
the regional 100 -year flood.
Flood -Proofing - a combination of structural provisions, changes,
or adjustments to properties and structures subject to flooding,
primarily for the reduction or elimination of flood damages.
Floodway - the bed of a wetland or lake and the channel of a water-
course and those portions of the adjoining floodplain which are
reasonably required to carry or store the regional flood discharge.
Obstruction - any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, water-
course, or regulatory floodplain which may impede, retard, or
change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
Principal Use or Structure - means all uses or structures that are
not accessory uses or structures.
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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.
Regional Flood - a flood which is representative of large floods
known to have occurred generally in Minnesota and reasonably
characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 -year recurrence interval.
Regional flood is synonymous with the term "base flood" used in
the Flood Insurance Study.
Regulatory Flood Protection Elevation - The Regulatory Flood
Protection Elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increases in
flood elevation caused by encroachments on the floodplain that
result from designation of a floodway.
Structure - anything constructed or erected on the ground or
attached to the ground or on-site utilities, including, but not
limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes and other similar items.
variance - means a modification of a specific permitted develop-
ment standard required in this ordinance to allow an alternative
development standard not stated as acceptable in the official
control, but only as applied to a particular property for the
purpose of alleviating a hardship as defined in Section 301.060 C.
Economic considerations alone shall not consitute a hardship.
SECTION 303.040 ESTABLISHMENT OF FLOODPLAIN DISTRICT
A. Designation of the Floodplain District:
1. The Flood Insurance Study for the City of Lake Elmo
prepared by the FEMA and dated January, 1979 and the Flood
Boundary and Floodway Map and Flood Insurance Rate Map, both
dated July 2, 1979 (hereinafter referred to as the "Official
Maps") contained therein are hereby adopted by reference and
declared to be a part of this ordinance. The Flood Insurnace
Study shall be on file in the office of the City Clerk. The
Floodplain District for the City of Lake Elmo shall include
those areas which lie within the 100 -year Flood Boundary on
the Flood Insurance Rate Map dated July 2, 1979.
B. 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 the
Floodplain Regulation and other applicable regulations which apply
to uses within the jurisdiction of the Floodplain Regulation. In
addition, a caution is provided here that:
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1. 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 the Floodplain Regulation and
specifically Section 303.100; and
2. As -built elevations for elevated or floodproofed
structures must be certified by a Registered Land Surveyor
and flood proofing techniques must be designed and certified
by a registered professional engineer or architect as
specified in the general provisions of the Floodplain
Regulation and specifically as stated in Section 303.070.
FLOOD PLAIN DISTRICT
100 YEAR
FLOOD ELEVATION
ORDINARY HIGH
WATER ELEVATION
NORMAL
WATER ELEVATION
SECTION 303.050 FLOODPLAIN DISTRICT
A. Permitted Uses: The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall be
permitted to the extent that they are not prohibited by any other
ordinance and provided they do not require structures, fill, or
storage of materials or equipment. In addition, no use shall
adversely affect.the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or any
other drainage facility or system.
1. ' Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
2. Private and public recreational uses such as golf
courses, tennis courts, golf driving ranges, archery ranges,
picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves hunting and fishing areas, and
single or multiple purpose recreational trails.
3. Residential uses such as lawns, gardens, parking areas,
and play areas.
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1. The use shall have a low flood damage susceptibility.
2. The use shall be permissible in the underlying zoning
district.
3. The use shall not obstruct flood flows or increase flood
elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or equipment.
4. New or replacement on-site sewage treatment systems must
be designed to 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. Any sewage treatment system
designed in accordance with the City's and State's current
state-wide standards whichever is more restrictive for on-
site sewage treatment systems shall be determined to be in
compliance with this Section.
1. Railroads, bridges, utility transmission lines, and
pipelines.
2. 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.
3. Alterations and/or additions to existing principal
structures, located in the flood fringe portion of the flood
plain district which are elevated on fill so that the lowest
floor including basement floor is at or above the Regulatory
Flood Protection Elevation. The finished fill elevation for
structures shall be no lower than the Regulatory Flood Pro-
tection Elevation and the fill shall extend at such elevation
at least fifteen (15) feet beyond the outside limits of the
structure erected thereon. Such construction must comply with
the requirements of Section 303.050.D.
1. All Uses. No structure (temporary or permanent), fill
including fill for roads and levees), deposit, obstruction,
storage of materials or equipment, or other uses may be
allowed as a Conditional Use that will cause any increase
in the stage of the (100 -year) regional flood or cause an
increase in flood damages in the reach or reaches affected.
2. All floodplain Conditional Uses shall be subject to the
procedures and standards contained in Section 303.090. U
3. The Conditional Use shall be permissible in the
underlying zoning district.
4. Structural works for flood control that will change the
course, current or cross section of protected wetlands or
public waters shall be subject to the provisions of Minnesota
Statute, Chapter 103G. Community -wide structural works for
flood control intended to remove areas from the regulatory
floodplain shall not be allowed in the floodway.
5. When at any one time more than 1,000 cubic yards of fill
or other similar material is located on a parcel for such
activities as on-site storage, landscaping, sand and gravel
operations, roads, dredge spoil disposal or construction of
flood control works, an erosion/sedimentation control plan
must be submitted. The plan must be prepared and certified
by a registered professional engineer.
1. All new principal structures must have vehicular access
at or above the Regulatory Flood Protection Elevation. If a
variance to this requirement is granted, the Board of
Adjustment must specify limitations on the period of use or
occupancy of the structure for times of flooding.
2. Commercial Uses - accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower
than the Regulatory Flood Protection Elevation.
3. Fill shall be properly compacted and the slopes shall be
properly protected by the use of rip -rap, vegetative cover or
other acceptable method. The Federal Emergency Management
Agency (FEMA) has established criteria for removing the
special flood hazard area designation for certain structures
properly elevated on fill above the 100 -year flood elevation -
FEMA's requirements incorporate specific fill compaction and
side slope protection standards for multi -structure or multi -
lot developments. These standards should be investigated
prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
4. Floodplain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining floodplain of
any tributary watercourse or drainage system where a floodway
or other encroachment limit has not been specified on the
Official Zoning Map.
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5. All dwelling units must be at least twenty (20) feet
wide through the main living area of the structure. The
structure must have continuous frost footings. Continuous
frost footings are not required for porches, decks, and other
appendages so long as proper post type footings per existing
building codes are constructed.
6. Travel trailers, travel vehicles, and manufactured homes
are prohibited in the floodplain district.
SECTION 303.060 PUBLIC UTILITIES, RAILROADS, AND BRIDGES
A. public Utilities. All public utilities and facilities such
as gas, electrical, sewer, and water supply systems to be located
in the floodplain shall be flood -proofed in accordance with the
State Building Code or elevated to above the Regulatory Flood
Protection Elevation.
B. Public Transportation Facilities. Railroad tracks, and
bridges to be located within the floodplain shall comply with
Section 303.050. Elevation to the Regulatory Flood Protection
Elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public
health or safety or where such facilities are essential to the
orderly functioning of the area. Limited access roads or rail-
roads may be constructed at a lower elevation where failure or
L interruption of transportation services would not endanger the
public health or safety.
C. On-site Sewage Treatment and Water Supply Systems: Where
public utilities are not provided: 1) On-site water supply
systems must be designed to eliminate infiltration of flood waters
into the systems; and 2) New or replacement on-site sewage
treatment systems must be designed to 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. Any sewage treatment
system designed in accordance with the City's and State's current
state-wide standards whichever is more restrictive for on-site
sewage treatment systems shall be determined to be in compliance
with this Section.
SECTION 303.070 ADMINISTRATION
A. Zoning Administrator: A Zoning Administrator or other
official designated by the City of Lake Elmo shall administer and
enforce the Floodplain Regulation. If the Zoning Administrator
finds a violation of the provisions of the Floodplain Regulation,
the Zoning Administrator shall notify the person responsible for
such violation in accordance with the procedures stated in Section
303.100.
B. Permit R aui_rements: A Permit issued by the Zoning Adminis-
trator in conformity with the provisions of the Floodplain
Regulation shall be secured prior to the erection, addition, or
alteration of any building, structure, or portion thereof; prior
to the use or change of use of a building, structure, or land;
prior to the change or extension of a nonconforming use; and prior
to the placement of fill, excavation of materials, or the storage
of materials or equipment within the floodplain.
C. Application for Permit. Application for a Permit shall be
made in duplicate to the Zoning Administrator on forms furnished
by the Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing the
nature, location, dimensions, and elevations of the lot; existing
or proposed structures, fill, or storage of materials; and the
location of the foregoing in relation to the floodplain.
D. State and Federal Permits. Prior to granting a Permit or
processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that the
applicant has obtained all necessary State and Federal Permits.
E. Certificate of Occupancy for a New. Altered, or Nonconforming
Use. It shall be unlawful to use, occupy, or permit the use or
occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its
use or structure until a Certificate of Occupancy shall have been
issued by the Zoning Administrator indicating that the use of the
building or land conforms to the requirements of the Floodplain
Regulation.
F. Construction and Use to be as Provided on Applications,
Plans. Permits. Variances and CertifinatAs of OcaUpdnay. Permits,
Conditional Use Permits, or Certificates of Occupancy issued on the
basis of approved plans and applications authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any
use, arrangement, or construction at variance with that authorized
shall be deemed a violation of the Floodplain Regulation, and
punishable as provided by Section 303.110.
G. 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.
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H. Record of First Floor Elevation. The Zoning Administrator
shall maintain a record of the elevation of the lowest floor
including basement) of all new structures and alterations or
additions to existing structures in the floodplain. The Zoning
Administrator shall also maintain a record of the elevation to
which structures or alterations and additions to structures are
flood -proofed.
I. Subdivisions. No land shall be subdivided which is
unsuitable for the reason of flooding, inadequate drainage, water
supply or sewage treatment facilities. All lots within the flood-
plain districts shall contain a building site at or above the
Regulatory Flood Protection Elevation. All subdivisions shall
have water and sewage treatment facilities that comply with the
provisions of the Floodplain Regulation and have road access both
to the subdivision and to the individual building sites no lower
than the Regulatory Flood Protection Elevation. For all
subdivisions in the floodplain, the Floodway and Flood Fringe
boundaries, the Regulatory Flood Protection Elevation and the
required elevation of all access roads shall be clearly labelled
on all required subdivision drawings and platting documents. For
all residential structures in the floodplain, the floodway and the
flood fringe boundaries, the basement construction, or the lowest
floor if there is no basement, shall not be allowed below the
Regulatory Flood Protection Elevation.
SECTION 303.080 BOARD OF ADJUSTMENT AND APPEALS
A. Rules. The Board of Adjustment and Appeals shall have rules
and power conferred in Section 301.060 C.
B. Hearings. The Board of Adjustment shall follow the hearing
procedures of Section 301.060 C. 4. The Board shall submit by mail
to the Commissioner of Natural Resources a copy of the application
for proposed Variances sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
C. Decisions. A Board decision and their findings shall be made
according to Section 301.060 C. 4. and 5. In granting a Variance
the Board may prescribe appropriate conditions and safeguards
which are in conformity with the purposes of the Floodplain
Regulation. Violations of such conditions and safeguards, when
made a part of the terms under which the Variance is granted,
shall be deemed a violation of the Floodplain Regulation
punishable under Section 303.110.
A copy of all decisions granting Variances shall be forwarded by
mail to the Commission of Natural Resoruces within ten days of
such action.
Appeals from any decision of the Board may be made in accordance
with and as specified in Section 301.060 C. 6.
D. Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall 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 100 -year or regional
flood level increases risks to life and property. Such
notification shall be maintained with a record of all variance
actions. A community shall maintain a record of all variance
actions, including justification for their issuance, and report
such variances issued in its annual or biennial report submitted
to the Administrator of the National Flood Insurance Program.
SECTION 303.090 CONDITIONAL USES - STANDARDS OF EVALUATION
PROCEDURES
A. Rules and Hearinaa. A Conditional Use Permit Application
shall be acted upon according to the procedures outlined in
Section 301.060 D.
Upon filing with the City of Lake Elmo an application for a
Conditional Use Permit, the City Council shall submit by mail to
the Commissioner of Natural Resources a copy of the application
for proposed Conditional Use sufficiently in advance so that the
Commissioner will receive at least ten days notice of the hearing.
1. Require the applicant to furnish such of the following
information and additional information as deemed necessary by
the City Council for determining the suitability of the
particular site for the proposed use:
a) Plans drawn to scale showing the nature, location,
dimensions, and elevation of the lot, existing or
proposed structures, fill, storage of materials, flood -
proofing measures, and the relationship of the above to
the location of the stream channel.
b) Specifications for building construction and
materials, flood -proofing, filling, dredging, grading,
channel improvement, storage of materials, water supply
and sanitary facilities.
c) Transmit one copy of the information described
above to a designated engineer or other expert person or
agency for technical assistance, where necessary, in
evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage
to the use, the adequacy of the plans for protection,
and other technical matters.
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d) 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.
C. Factors Upon Which the Decision of the City Council Shall Be
Based. In passing upon Conditional Use applications, the City of
Lake Elmo shall consider all relevant factors specified in other
sections of the Floodplain Regulation, 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.
L 5. The importance of the services provided by the proposed
facility to the community.
6. The requirements of the facility for a waterfront
location.
7. The availability of alternative locations not subject to
flooding for the proposed use.
8. The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
9. The relationship of the proposed use to the compre-
hensive plan and floodplain management program for the area.
10. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at the
site.
12. Such other factors which are relevant to the purposes of
the Floodplain Regulation.
D. Conditions Attached to Conditional_ Use Permits. Upon
consideration of the factors listed above and the purpose of this
Ordinance, the City of Lake Elmo shall attach such conditions to
the granting of Conditional Use Permits as it deems necessary to
fulfill the purposes of the Floodplain Regulation. 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 operational controls, sureties, and deed
restrictions.
4. Requirements for construction of channel modifications,
compensatory storage of a two to one replacement or greater,
dikes, levees, and other protective measures.
5. Flood -proofing measures, in accordance with the State
Building Code and the Floodplain Regulation. The applicant
shall submit a plan or document certified by a registered
professional engineer or architect that the flood -proofing
measures are consistent with the Regulatory Flood Protection
Elevation and associated flood factors for the particular
area.
SECTION 303.100 NONCONFORMING USES
A. A structure or the use of a structure or premises which was
lawful before the passage or amendment of the Floodplain
Regulation but which is not in conformity with the provisions of
the Floodplain Regulation may be continued subject to the
requirements of Section 301.050 B.
SECTION 303.110 PENALTIES FOR VIOLATION
A. Violation of the provisions of the Floodplain Regulation 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 Lake Elmo
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 Local Government may utilize the
full array of enforcement actions available to it including
d) 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.
C. Factors Upon Which the Decision of the City Council Shall Be
Based. In passing upon Conditional Use applications, the City of
Lake Elmo shall consider all relevant factors specified in other
sections of the Floodplain Regulation, 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 requirements of the facility for a waterfront
location.
7. The availability of alternative locations not subject to
flooding for the proposed use.
8. The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
9. The relationship of the proposed use to the compre-
hensive plan and floodplain management program for the area.
10. The safety of access to the property in times of flood
for ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise,
and sediment transport of the flood waters expected at the
site.
12. Such other factors which are relevant to the purposes of
the Floodplain Regulation.
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 the Floodplain Regulation violations
to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
2. When the Floodplain Regulation 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 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 the Floodplain Regulation 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
L 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 an 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 the Floodplain Regulation 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 the Floodplain Regulation.
SECTION 303.120 AMENDMENTS
The floodplain designation on the Official Map shall not be removed
from floodplain areas unless it can be shown that the designation is
in error. Special exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he determines that, through
other measures, lands are adequately protected for the intended use.
L
v
All amendments to the Floodplain Regulation including amendments
to the Official Zoning Map must be submitted to and approved by
the Commissioner of Natural Resources prior to adoption. Changes
in the Official Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria and
must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10 -days written
notice of all hearings to consider an amendment to the Floodplain
Regulation and said notice shall include a draft of the proposed
amendment or technical study under consideration.
a...e
The City Council further ordains that Chapter 304 of the
Lake Elmo Municipal Code is hereby repealed.
Effective Date: This ordinance shall be effective the day
following its publication.
Adoption Date: Passed by the City 1 the City of
Lake Elmo the 5th day op/Ptay, -k992
David Johnson,
Attest:
Mary uelf f , City Administrator