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1801 At Finrigs o actn <br />np minis ra or esigna e i <br />4 ar nas, at rentals, ac s, plers, <br />sufficiently in advance so that the Commis- <br />conforming use which would result in substan- <br />'allb facifil such as gas, electrical. sewev r and _-- <br />1301,02: Purpose <br />1301.03: Applicability, Scope and <br />ty Council shall administer and enforce this <br />Chapter. If he finds a violation of the provisions <br />wharves and water control structures. <br />(5) Railroads, streets, bridges, utility <br />sioner will receive at least ten (10) days' notice <br />Bally increasing the flood damage potential of <br />be flood in <br />, <br />water supply systems, to be located in the <br />pp y y <br />`the <br />Interpretation <br />p <br />of this Chapter, he shall notify the person <br />ty p <br />transmission lines and pipelines. <br />of the hearing. <br />Subd. Decisions: The Planning and Zon- <br />That use shall P roofed accordance <br />with the State Building Code. 2. <br />p <br />St shall be hood roofed in accordance with <br />the State Building Code 2 or elevated to above <br />1301.04: Definitions <br />1301.05: Compliance with Provisions <br />responsible for such violation and order the so- <br />tion necessary to correct It. (Ord. 506, 4-27-92) <br />(6) Storage yards for equipment, machinery <br />or materials. <br />Ing Commission shell consider the request at <br />m <br />Subtl. 4. If any nonconforming use is disron- <br />:the regulaloiy hood protection elevation. <br />1301.06: Zoning Administrator <br />1301.07: BOARD OF ADJUSTMENT AND <br />(7) Other uses similar in nature to uses <br />its next regular meeting unless the filing date <br />falls within fifteen (15) days of said meeting, in <br />tinued fortwelve (12) consecutive months, any <br />future use of the building premises'shell con- <br />' Subd. 2. Public Transportation Facilities: <br />-Railroad tracks, roads and bridges to be located <br />1301.07: Board of Adjustment and <br />Appeals <br />APPEALS: <br />A Board of Adjustment and Appeals is <br />described in subdivisions is and 11b hereof <br />which are consistent with the provisions set out <br />which case, the request would be placed on the <br />form to this Chapter. The assessor shall notify <br />-within the F.Z.D. shall comply with subdivisions <br />1301.06: Flood Plain Zoning Map <br />established as provided in Title 1100 of the <br />g <br />in Section 1301.02 and this Section, <br />agenda and considered at the regular meeting <br />following the nett regular meeting. The Clerk- <br />g g g. <br />the Zoning Administrator, in writing, of in- <br />stances on nonconforming uses which have <br />9 <br />1`301 ll and (2)c(2) of this Chapter. I <br />Elevation to the regulatory flood protection <br />1301.09: bRegu ato Flood Protection <br />Regulatory <br />Municipallished Subd.. Powers; Adoption Rules: The <br />P <br />c. Standards for F.Z.D. Conditional Uses: <br />(1) All Uses: No structure (temporary or <br />Administrator shell refer said application along <br />been discontinued for a period of twelve (12) <br />elevation shall be provided where failure or in- I <br />Elevation <br />Board of Adjustment and Appeals shall adopt <br />per, <br />mans fill (including fill for roads and levees), <br />with all related information to the City Plan- <br />ning and Zoning Commission 8t least ten (10) <br />months. <br />Subd. 5. If any nonconforming use is <br />•teeupibn of (hese transporteti9ff facilities are <br />essential to the orderly functioning of the area. <br />1301.10: Flood Plein Zoning District (F.Z.D.) <br />rules for the conduct of business and may ex- <br />deposit, obstruction, storage of materials or <br />days prior to the regular meeting. The City <br />destroyed by any means, including floods, to <br />..Minor or auxiliary roads or railroads may be <br />1301.11: Use Permits <br />1301.12: Conditional Uses <br />erclse all of the powers conferred on such <br />boards by State laws. <br />equipment or other uses may be allowed as a <br />conditional use which, acting alone or in com- <br />Council shall then arrive at a decision on a con- <br />an extent of fifty percent (50%) or more of its <br />'Constructed at a lower elevation where failure <br />1301.13: NonconformingUses <br />Subd. 2. Administrative Review: The Board <br />utur uwith existing or reasonably anticipated <br />ditional use within sixty (60) days atter the first <br />regular Planning end Zoning Commission <br />assessed value, it shall not be reconstructed, <br />except in conformity with the provisions of this <br />dr interruption of transportation services would <br />p P <br />.md endanger the public health or safety. (Ord. <br />1301.14: Subdivisions <br />shell hear and decide appeals where it is alleg- <br />future <br />future uses, Increases flood heights. In edd4 <br />meeting at which the request was considered. <br />Chapter. <br />'506 4-27-92) <br />1301.15: Public Utilities and Facilities <br />ed there Is error in any order, requirement, deci- <br />tion, all F.Z.D. conditional uses shall be sub- <br />In granting a conditional use permit, the City <br />Subd. 6. Uses or adjuncts thereof which are <br />1301.16: Amendments to Provisions <br />Sion or determination made by an ad- <br />ject to the standards contained in subdivision <br />Council may prescribe appropriate conditions <br />or become nuisances shall not be entitled to <br />_ <br />'1. See Title 1200 of this Code. <br />1301.17: Abrogation and Greater Restrictions <br />ministrative official In the enforcement or ad- <br />1301.12(5) of this Chapter and the following <br />and safeguards, in addition to those specified <br />continue as nonconforming uses. <br />'2. See Section 1001.01 of this Code. <br />1301.15: Disclaimer of Liability <br />ministration of this Chapter. <br />standards of this subdivision 3. <br />in subdivision 7 hereof which are in conformity <br />Subd. 7. Nonconforming uses located In the <br />' 1301.16: AMENDMENTS TO PROVISIONS: <br />1301.19: Violation and Penalties 12RI <br />1301.01: FINDINGS OF FACT: <br />Subtl. 3. Variances: The Board may <br />authorize, upon appeal in specific case, such <br />(2) Fill: <br />(a) Any fill deposited in the F.Z.D. shall be <br />the purposes of this Chapter. Violations of <br />F.Z.D. shall be eliminated or brought into con. <br />^' 'Subd. 1. The flood plain designation on the <br />Subd. 1. Authorization: The Legislature of <br />variance from the terms of this Chapter as will <br />no more than the minimum amount necessary <br />such conditions and safeguards,, when made <br />such <br />part of the terms under which the conditional <br />twith the standards contained in thio <br />Chapter within a reasonable period of time, as <br />Chap <br />Flood Plain Zoning Map shall not be removed <br />^hGm flood plain areas unless it can be shown <br />the State has, in Minnesota Statutes Wtatess <br />not be contrary to the public interest, where, <br />to conduct a conditional use listed In subdivl- <br />use permit is granted, shall be deemed a viola- <br />determined by the City Council, after a hear- <br />mat the designation is In error or that the area <br />49VChapter 103F and in the Mounds View <br />owing to special conditions, literal enforcement <br />son 21a hereof. Generally, fill shall be limited <br />tion of this Chapter punishable under Section <br />ing for each such nonconforming use. The CI- <br />'has been filled to or above the elevation of the <br />Municipal Code, Title 1100, delegated the <br />of the provisions of the Chapter will result in un- <br />to that needed to grade or landscape for that <br />1301.19. A copy of all decisions granting con- <br />ty Council shall make its determination upon <br />' regional flood and is contiguous to lands out - <br />responsibility to local governmental units to <br />necessary hardship so that the spirit of the <br />use and shall not, in any way, obstruct the flow <br />ditional use permits shall be forwarded by mail <br />the basis of the normal life of any improvement <br />side the flood plain. Special exceptions to this <br />adopt regulations designed to minimize flood <br />Chapter shall be observed and substantial <br />of flood waters. Fill shall be properly com• <br />to the Commissioner of Natural Resources <br />upon the premises. In addition, the monetary <br />'rule may be permitted by the Commissioner of <br />losses. Therefore, the City Council does ordain <br />justice done. No variance shall have the effect <br />patted and the slopes shall be properly pro• <br />within ten (10) days of such action. <br />value of any competitive advantage derived by <br />Natural Resources if he determines that, <br />as follows in this Chapter. <br />of allowing in any district uses prohibited in that <br />tected by the use of rlprap, vegetative cover <br />Subtl. 3. Procedures for Evaluating Propos- <br />the operation of such nonconforming use, by <br />• through other measures, lands are adequately <br />Subd. 2. Findings: <br />district, permit a lower degree of flood protec- <br />or other acceptable method. The Federal <br />ad Conditional Uses: <br />reason of the limitation of establishment of com- <br />"acted for the intended use. <br />a. Effect of Floods: The flood hazard areas <br />tion than the regulatory flood protection elove. <br />Emergency Management Agency (FEMA) <br />a. Upon receipt of an application for a con- <br />paling businesses as a result of this Chapter, <br />. ••, Subd. 2. All amendments to this Chapter, in - <br />of Mounds View are subject to periodic [nun- <br />tion for the particular area or permit standards <br />has established criteria for removing the <br />ditional use permit for a use within the F.Z.D., <br />shall be considered as a reduction of loans <br />• clbding amendments to the Flood Plain Zoning <br />dation which results in potential loss of life, loss <br />lower than those required by State law. <br />special flood hazard area designation lar <br />the applicant shall be required to furnish such <br />resulting from the requirement of termination <br />Map, must be submitted to and approved by the <br />of property, health and safety hazards, disrup- <br />tion of commerce and governmental services, <br />1. See Section 1125.05 of this Code, City <br />certain structures properly elevated on fill <br />above the 100 -year flood elevation - <br />of the following information as is deemed <br />necessary by the Planning and Zoning Com- <br />of the use under this Chapter. <br />Subd. S. The Zoning Administrator shell <br />Irbamissioner of Natural Resources prior to <br />extraordinary public expenditures for flood pro- <br />Clerk -Administrator to serve as Zoning <br />FEMA's requirements incorporate specific <br />mission for the determination of the regulatory <br />prepare a list of those nonconforming uses <br />adoption. Changes in the Flood Plain Zoning <br />Map also require prior approval by the Federal <br />section and relief and impairment of the tax <br />base, all of which adversely affect the public <br />Administrator. <br />2. See subdivision 1125.02(1) and Chapter <br />fill compaction and side slope protection <br />standards for multi -structure or multi -lot <br />flood protection elevation: Plan (surface view) <br />which have been floodproofed or otherwise <br />Insurance Administration.Ord. 506, 4-27-92 <br />health, safety and general welfare. <br />402 of this Code. <br />developments. These standards should be <br />showing elevations or contours of the ground; <br />pertinent structure, fill or storage elevations; <br />adequately protected in conformity with subdivi- <br />sion 1301.12(7) of this Chapter. He shall pre- <br />1301.17: ABROGATION AND GREATER <br />RESTRICTIONS: <br />b. Methods Used to Analyze Flood Hazards: <br />3. M.S.A. §462.357, subdivision 6. <br />investigated prior to the initiation of site <br />size, location and spatial arrangement of all <br />sent such list to the City Council which may <br />It is not intended b this Chapter to repeal, <br />This Chapter is based upon a reasonable <br />Subd. 4. Hearings: Upon filing with the <br />preparation if a change of special flood <br />proposed and existing structures on the site; <br />issue a certificate to the owner slating that such <br />tlbragate or impair any existing easements. <br />method of analyzing flood hazards which is <br />consistent with the standards established by <br />Board of Adjustment and Appeals or an appeal <br />from a decision of the Zoning Administrator or <br />hazard area designation will be requested. <br />(b) Spoil from dredging or sand and gravel <br />location and elevations of streets; photographs <br />uses, as a result of these corrective measures, <br />cdvenants or deed restrictions. However, where <br />the Minnesota Department of Natural <br />an application for a variance, the Board shall <br />operations shall not be deposited in the F.Z.D. <br />showingexisting land uses and vegetation <br />g g <br />upstream and downstream and soil type. <br />are in conformity with the provisions of this <br />Y P <br />Chapter. (Ord. 506, 4-27-92) <br />Rios Chapter imposes greater restrictions, the <br />'provisions <br />Resources. (Ord. 508, 427-92) <br />fix a reasonable time for a hearing and give due <br />unless it can be done in accordance with sub- <br />b. One copy of the above information shall <br />of this Chapter shall prevail.Inall <br />cases, provisions of Chapter 1010, Weiland <br />1301.02: PURPOSE: <br />It is the purpose of this Chapter to promote <br />notice to the parties in interest. The Board shall <br />submit by mail to the Commissioner of Natural <br />division C2a above. <br />be transmitted to a designated engineer or <br />g g <br />1. See Section 1001.01 of this Code. <br />'M n fog Regulations and the Local Water <br />the public health, safe[ and general welfare <br />P Y 9 <br />Resources a co of the plication for propos- <br />PY P P <br />we(3) <br />other expert g agency for technical assistance <br />determining the regulatory flood protection <br />of this Code. <br />2. See Section SUBDIVISIONS <br />SUBDIVISIONS t: <br />'Management Plan dared February 12, 1990, <br />''§lite cl o subs t <br />re subsequent revisions shall be con - <br />and to minimize those looses described in sub- <br />ed variance sufficiently in advance so that the <br />t <br />Ac essory"' <br />(3) Accessory Structures: Temporary or per. <br />elevation. Procedures consistent with Min- <br />el <br />(a) No l subdivided which is held <br />(e) No shell <br />ed more restrictive than this Chapter. (Ord. <br />, <br />division 1301.01(2)a of this Chapter by provi- <br />Commissioner will receive at least ten (10) <br />manent accessory structures permitted as con- <br />Regulations NR 86-87 shall be follow- <br />it <br />unsuitable by the City Council for reason of <br />506, <br />'b06, 4-27-92) <br />sions contained herein. (Ord. 506, 427-92) <br />days' notice of the hearing. <br />ditional uses by subdivision 2bl hereof. <br />ed in this expert evaluation. The designated <br />ad in t <br />flooding, inadequate drainage, water supply or <br />,e' 1307.18: DISCLAIMER OF LIABILITY: <br />1301.03: APPLICABILITY, SCOPE AND <br />INTERPRETATION: <br />Subd. 5. Decisions: The Board shall arrive <br />at a decision on such appeal or variance within <br />(a) All structures, including accessory <br />structures, additions to existing structures <br />engineer or expert shall calculate the water sur- <br />sewer treatment facilities. All lots within the <br />plain <br />;..This Chapter does not imply that areas out - <br />Subd. 1. Application of Provisions: This <br />thirty(30)days after public hearing of such ap- <br />and manufactured homes, shall be con- <br />lace profile of the regional flood. <br />c. Based upon the technical evaluation of <br />flood zoning districts shall contain a <br />buildin site et or above the re ulato flood <br />g regulatory <br />side the flood plain. districts or land uses per- <br />'(fritted <br />Chapter shall apply to all lands within the <br />peal or variance. In passing upon an appeal, <br />strutted on fill so that the basement floor, <br />p <br />the designated engineer or expert, the Plan- <br />protection elevation. All subdivisions shall hove <br />within such districts will be free from <br />'sboding or flood damages. This Chapter shall <br />jurisdiction of Mounds View shown on the Flood <br />the Board may, so long as such action is in con- <br />or first floor if there Is no basement, Is at or <br />ring and Zoning Commission shall determine <br />water and sewage disposal facilities that com• <br />iii create liability on the part of Mounds View <br />Plain Zoning Map being located within the <br />rvers with the provisions of the Chapter, <br />above the Regulatory Flood Protection <br />the regulatory flood protection elevation at the <br />ply with the provisions of this Chapter and have <br />`oy any officer or employee thereof for any flood <br />100 -year flood boundary. These lands are <br />u <br />reverse or affirm, wholly or in part, or modify <br />Elevation. The finished fill elevation must be <br />site <br />road access both to the subdivision and to the <br />ud'emages that result from reliance on this <br />8 floodA�nA H rice zones A -i, A-2, <br />tihan°sdeealed <br />no lower than one foot below the Regulate ry <br />Subd. 4. Procedures for Planning and Zon- <br />individual building sites no lower than two feet <br />there, or any administrative decision lawful <br />A•3Adelineated <br />Subd. 2. Interpretation: <br />PP from. make its decision, <br />in writing, setting forth the findings of fact and <br />Flood Protection Elevation and shall extend <br />at such elevation at least 15' beyond the <br />in Commission and Ci Council for Passing <br />g City g <br />(2') below the regulatory flood protection eleva- <br />g ry p <br />- <br />ly made hereunder. (Ord. 506, 427-92) <br />a. In their interpretation and application, the <br />the reasons for its decision. In granting a <br />limits of the structure constructed thereon. <br />on Conditional Use Permit Applications: <br />a. Require the applicant to furnish such of <br />tion. (Ord. 506, 4-27-92) <br />(b) For all subdivisions in the flood plain, <br />1301.19: VIOLATION AND PENALTIES: <br />"Violation of the provisions of this Cha or <br />P <br />provisions of this Chapter shall be held to be <br />variance, the Board may prescribe appropriate <br />(b) All Uses. Uses that do not have <br />the following information end additional inion- <br />the Flaotlway and the Flood Fringe boon• <br />plan <br />'1ellure to comply with any of its requirements <br />minimum requirements and shall be liberally <br />conditions and safeguards such as those <br />vehicular access at or above an elevation <br />mation as deemed necessary by the Planning <br />daries, the Regulatory Flood Protection <br />^(including violations of conditions and <br />construed in favor of the governing body and <br />shall not be deemed a limitation or repeal of any <br />specified in subdivision 1301.12(7) of this <br />Chapter which are in conformity with the pur- <br />not more than two feet below the Regulatory <br />Flood Protection Elevation to lands outside <br />and Zoning Commission and City Council for <br />Elevation and the required elevation of all <br />access roads avail be clearly labelled on all <br />tale uards established in connection with <br />'grants <br />other powers granted by State statutes. <br />poses of this Chapter. Violations of such con- <br />of the flood plain shall not be permitted <br />determining the suitability of the particular site <br />for the proposed use: <br />required subdivision drawings and plattingances <br />of variances or conditional uses) shall <br />Constitute a misdemeanor. Any who <br />b. The boundaries of the zoning districts <br />ditions and safeguards, when made part of the <br />is <br />unless granted a variance by the Board of <br />1 Plans in tri licate drawn to scale show- <br />O p <br />documents. <br />person <br />;folates this Chapter or fails to complywithany <br />shall be determined by scaling distances on the <br />Flood Plain Zoning Ma Where interpretation <br />g p. p <br />terms under which the variance granted, shall <br />be deemed a violation of this Chapter <br />p <br />Adjustment. In granting a variance, the <br />Board shall specify limitations on the <br />mg the location, and aures- <br />Heard Area <br />(c) Removal of Spaded Flood Emergency <br />Designation: The Federal Emergency <br />pt its re uire shall, u <br />q pin conviction <br />is needed as to the exact location of the boun- <br />punishable under Section 1301.19 hereof. A <br />period <br />of use or occupancy of the use and only <br />he lot, r proposed <br />tion of the lot, existing or proposed structures, <br />fill, storage or materials, floodproofing <br />Management Agency (FEMA) has establish- <br />d as <br />-�}iereot, be fined as provided in Section 104.01 <br />'of <br />daries of the district as shown on the Flood <br />copy of all decisions granting variances shallafter <br />Commissioner <br />determining that adequate hood warn• <br />measures and the relationship of the above to <br />ed criteria for removing the special flood <br />this Code and in addition, shall pay all costs <br />Ad ex Penson involved in the case. Each day <br />Plein Zoning Map, as for example where there <br />be forwarded by mail to the of <br />ing time and local emergency response and <br />the location of the stream channel. <br />hazard area designation for certain strut• <br />such violation continues shall be considered <br />appears to be a conflict between a mapped <br />pp <br />Natural Resources within ten 10 days of such <br />( ) Y <br />recover y procedures exist. <br />2 Specifications for building construction <br />() g <br />[urea properly elevated on fill above the <br />a <br />separate offense. Nothing herein contained <br />boundary and actual field condition, the Plan- <br />ring and Zoning Commission shell make the <br />action. <br />Subtl. 6. Appeal to the City Council and <br />{a} (c) Accessory structures shall not be <br />designed for human habitation. <br />dredging, <br />and materials, nee i Prov g, improvement, <br />grading, channel improvement, storage of <br />quireme flood oratelevetill c pactio re- <br />qu incorporate fill compaction and <br />shall the Cit Council from [akin <br />P Y 9 such <br />necessary interpretation based on elevations <br />District Court: Appeals from any decision of the <br />lei (d) Accessory structures, if permitted, <br />materials, water supply and sanitary facilities. <br />side slope protection standards for multi- <br />a slopes <br />other lawful action as is <br />awful y prevent <br />(Ord. 5 o <br />or remedy any violation. (Ord. 506, 4-27-92; <br />on the regional (100 -year) flood profile and <br />g ( y ) p <br />Board may be taken b an persons, jointly or <br />Y Y P I Y <br />shall be and placed on the building <br />b. Transmit one copy of the information <br />structure or multi -lot developments. These <br />. <br />1993 Code) <br />other available technical data. Persons con- <br />severally, aggrieved any decision of the <br />s to offer <br />site so as to CNet the minimum obstruction to <br />described in subdivision 4a above to a <br />standards should be Investigated prior to the <br />testing the location of the district boundaries <br />shall be given a reasonable opportunity to pre- <br />rs <br />Board or any taxpayers, officer, department, <br />board or bureau of the Municipality, to the City <br />the flow of flood waters. <br />(e) (e) Accessory structures shall be flood- <br />designated engineer or other expert person or <br />initiation of site preparation If a change of <br />special flood hazard Brea daalgnatlon will M <br />t. gee Chapter 1302 0l this Tulle. <br />p <br />sent their case to the Planning and Zoning <br />Council. The decision of the City Council may <br />proofed in accordance with the State Building <br />agency for technical assistance, where <br />g <br />necessary, in evaluating the proposed project <br />requested. <br />(Bullahn: March 23, 1994) <br />Commission and to submit technical evidence. <br />be appealed to the District Court, of this jurisdic- <br />Coder. <br />in relation to flood heights end velocities, the <br />Ord. 506, 427-92 <br />( ) <br />tion as provided in Minnesota Statutes 462.361.- <br />p <br />(4) Storage of Materiels and Equipment: <br />seriousness of flood damage to the use, the <br />SUI21((t-M 1B ]U8Ujigur 10111ucpo31SEq <br />1301.04: DEFINITIONS: <br />(Ord. 506, 4-27-92) <br />(a) The storage or processing of materials <br />adequacy of the plans for protection and other <br />t 5il{i O1 C)16M1oj BUD I31oSXw purtoj <br />Unless specifically defined below, words or <br />used in this Chapter shall be inter- <br />Subd. 7. Flood Insurance Notice and <br />Record Keeping: The Zoning Administrator <br />that are, in time of flooding, flammable, ex- <br />injurious to human, <br />technical matters. <br />1j d 1SUC2A 1DNj otp 5,11 oghw ]o <br />phrases <br />plosive or potentially animal <br />I. Based upon the technical evaluation of <br />,I1etp <br />prated so as to give them the same meanings <br />shall notify the applicant for a variance that: <br />or plant life is prohibited. <br />the designated engineer or expert, the Plan. <br />1,1S og11e S1Uo11ICU]710J o1E15 $UI)JUo11U <br />as they have in common usage and so as to <br />1) The Issuance of a variance to construct <br />(b) Storage of other materials or equipment <br />ning and Zoning Commission shall determine <br />DO] UMOJ3 inti oSR2D2q11 5zgArN <br />give this Chapter its most reasonable <br />a structure below the base flood level will <br />may be allowed if readily removable from the <br />