HomeMy WebLinkAboutOrdinance 535
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ORDINANCE NO. 535
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF MOUNDS
VIEW BY AMENDING CHAPTER 1301 ENTITLED "FLOOD PLAIN ZONING"
The Council of the City of Mounds View does hereby ordain that
Chapter 1301 of the Municipal Code of Mounds View shall be amended
as indicated on the attached pages. sections that are over-struck
shall be deleted and sections that are underlined shall be added.
This Ordinance shall take effect thirty days after the date of its
publication.
Read by the City council of the City of Mounds View this
28th day of February, 1994.
Read and passed by the City Council of the City of Mounds View
this 14th day of March, 1994.
ATTEST:
~t~.), ~ok-Q
A~TIN~ MAYOR
(SEAL)
7Jm~
CITY ADMINISTRATOR
APPROVED AS TO FORM:
id~y
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CHAPTER 1301
FLOOD PLAIN ZONING
SECTION:
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1301.01: Findings of Fact"
1301.02: Purpose
1301.03: Applicability, Scope and Interpretation
1301.04: Definitions
1301.05: Compliance with provisions
1301.06: Zoning Administrator
1301.07: Board of Adjustment and Appeals
1301.08: Flood Plain Zoning Map Established
1301.09: Regulatory Flood Protection Elevation
1301.10: Flood Plain Zoning District (F.Z.D.)
1301..11: Use Permits
1301.12: Condiciondl use~
1301.13: Nonconforming Uses
1301.14: Subdivisions
1301.15: Public Utilities and Facilities
1301.16: Amendments to provisions
1301.17: Abrogation and Greater Restrictions
1301.18: Disclaimer of Liability
1301.19: Violation and Penalties !2R!
1301.01: FINDINGS OF FACT:
Subd. 1. Authorization: The Legislature of the state has, in
Minnesota Statutes ch~p~c= 104 Chanter 103F and in the Mounds
View Municipal Code, Title 1100, delegated the responsibility to
local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the City Council does ordain as
follows in this Chapter.
Subd. 2. Findings:
a. Effect of Floods: The flood hazard areas of Mounds View are
subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public
expenditurei for flood protection and relief and impairment of
the tax base, all of which adversely affect the public health,
safety and general welfare.
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b. Methods Used to Analyze Flood Hazards: This Chapter is based
upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota
Oeoartillent of Natural Resources. (Ord. 506, 4-27-92)
1301.02: PURPOSE:
It is the purpose of this Chapter to promote the public health,
safety and general welfare and to minimize those losses described
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in subdivision 1301.01(2)a of this Chapter by provisions
contained herein. (Ord. 506, 4-27-92)
1301.03: APPLICABILITY, SCOPE AND INTERPRETATION:
Subd. 1. Application of provisions: This Chapter shall apply to
all lands within the jurisdiction of Mounds View shown on the
Flood Plain Zoning Map as being located within the 100-year flood
boundary. These lands are delineated as flood insurance zones
A-1, A-2, A-3, A-4, A-6, A-7 or A-H.
Subd. 2. Interpretation:
a. In their interpretation and application, the provisions of
this Chapter shall be h~ld to be minimum requirements and shall
be liberally construed in favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted
by state statutes.
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b. The boundaries of the zoning districts shall be determined by
scaling distances on the Flood Plain Zoning Map. Where
interpretation is needed as to the exact location of the
boundaries of the district as shown on the Flood Plain Zoning
Map, as for example where there appears to be a conflict between
a mapped boundary and actual field condition, the Planning and
Zoning commission shall make the necessary interpretation based
on elevations on the regional (100-year)' flood profile and other
available technical data. Persons contesting the location of the
district boundaries shall be given a reasonable opportunity to
present their case to the Planning and Zoning commission and to
submit technical evidence. (Ord. 506, 4-27-92)
1301.04: DEFINITIONS:
Unless ,specifically defined below, words or phrases used in this
Chapter shall be interpreted so as to give them the same meanings
as they have in common usage and so as to give this Chapter its
most reasonable application.
Subd. 1. 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.
Subd. 2. BASEMENT: Means anv area of a structure, includina crawl
soaces, havina its floor or base subarade (below around level) on
all four sides, reaard1ess of the deoth of excavation below
around level.
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Subd. ~ ~ EQUAL DEGREE OF ENCROACHME~T: A method of determining
the location of floodway boundaries so that flood plain lands on
both sides of a flooding source are capable of conveying a
proportionate share of flood flows.
Subd. ~ ~ FLOOD: A temporary increase ln the flow or stage cf a
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lake or other flooding source that results in the inundation of
normally dry areas.
Subd. 47 ~ FLOOD FREQUENCY: The average frequency, statistically
determined, for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
Subd. 6. FLOOD FRINGE: That portion of the flood plain outside of
the floodwav.
Subd. ~ ~ FLOOD PLAIN: The areas which have been or hereafter
may be covered by the regional flood.
Subd. ~ h FLOOD PLAIN ZONING DISTRICT: The area delineated A-l,
A-2, A-3, A-4, A-6, A-7 or A-H on the Flood Insurance Rate Map
attached to the Flood Plain Zoning Map.
Subd. ~ ~ 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.
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Subd. 10. FLOODWAY: The bed of a wetland or lake and the channel
of a watercourse and those portions of the adioininq flood plain
which are reasonably required to carry or store the reqional
flood discharqe.
Subd. &. 11. OBSTRUCTION: Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse,
fill, structure or matter in, along, across or projecting into
any channel, watercourse or regulatory flood plain 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 'dater.
Subd.' 9-:- 12. REACH: A length of a watercourse or water body
having relatively the same flood hazard.
Subd. ~ 13. 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 lOO-year recurrence
interval. Regional flood is synonymous with the term "base flood"
used in the Flood Insurance Study.
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Subd. ::. 14. REGULATORY FLOOD PROTECTION ELEVATION: An elevation
no lower than one foot (1') above the elevation of the regional
flood; except Judicial Ditch No.1, Hillview and Lois Drive flood
areas shall have an elevation no lower than two feet (2') above
regional flood plus any increases in flood heights attributable
to encroachment on the flood plain. It is the elevation to which
uses regulated by this Chapter are required to be elevated or
floodproofed.
Subd. 12. 15. STRUCTURE: Anything constructed or erected on
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ground or attached to the ground or on-site utilities, including
but not limited to buildings, factories, sheds~ detached garages,
cabins, manufactured mob~lc homes and other similar items. (Ord.
506, 4-27-92)
1301.05: COMPLIANCE WITH PROVISIONS:
No structure or land shall hereafter be used and no structure
shall be located, extended, converted or structurally altered
without full compliance with the terms of this Chapter and other
applicable regulations which apply to uses within the
jurisdiction of this Chapter. (Ord. 506,4-27-92)
1301.06: ZONING ADMINISTRATOR:
A Zoning Administrator designated by the City Council' shall
administer and enforce this Chapter. If he finds a violation of
the provisions of this Chapter, he shall notify the person
responsible for such violation and order the action necessary to
correct it. (Ord. 506, 4-27-92)
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1301.07: BOARD OF ADJUSTMENT AND APPEALS:
A Board of Adjustment and Appeals is established as provided in
Title 1100 of the Municipal Code2.
Subd. 1. Powers; Adoption Rules: The Board of Adjustment and
Appeals shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such boards by State
law3.
Subd. 2. Administrative Review: The Board shall hear and decide
appeals where it is alleged there is error in any order,
requirement, decision or determiDation made by an administrative
official in the enforcement or administration of this Chapter.
Subd. J. variances: The Board may authorize, upon appeal in
specific cases, such variance from the terms of this Chapter as
will not be contrary to the public interest, where, owing to
special conditions, literal enforcement of the provisions of the
Chapter will result in unnecessary hardship so that the spirit of
the Chanter shall be observed and substantial justice done. No
varianc~ shall have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood
protection than the regulatory flood protection elevation for the
particular area or permit standards lower than those required by
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1. See section 1125.05 of this Code, City Clerk-Administrator to
serve as Zoning Administrator.
2. See subdivision 1125.02(1) and Chapter 402 of this Code.
J. M.S.A. ~~62.J57, subdivision 6.
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state law.
Subd. 4. Hearings: Upon filing with the Board of Adjustment and
Appeals of an appeal from a decision of the Zoning Administrator
or an application for a variance, the Board shall fix a
reasonable time for a hearing and give due notice to the parties
in interest. The Board shall submit by mail to the Commissioner
of Natural Resources a copy of the application for proposed
variance sufficiently in advance so that the Commissioner will
receive at least ten (10) days' notice of the hearing.
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Subd. 5. Decisions: ,The Board shall arrive at a decision on such
appeal or variance within thirty (30) days after public hearing
of such appeal or variance. In passing upon an appeal, the Board
may, so long as such action is in conformity with the provisions
of the Chapter, reverse or affirm, wholly or in part, or modify
the order, requirement, decision or determination appealed from.
It shall make its decision, in writing, setting forth the
findings of fact and the reasons for its decision. In granting a
variance, the Board may prescribe appropriate conditions and
safeguards such as those specified in subdivision 1301.12(7) of
this Chapter which are in conformity with the purposes of this
Chapter. Violations of such conditions and safeguards, when made
part of the terms under which the variance is granted, shall be
deemed a violation of this Chapter punishable under section
1301.19 hereof. A copy of all decisions granting variances shall
be forwarded by mail to the Commissioner of Natural Resources
within ten (10) days of such action.
Subd. 6. Appeal to the City Council and District Court: Appeals
from any decision of the Board may be taken by any persons,
jointly or severally, aggrieved by any decision of the Board or
any taxpayers, officer, department, board or bureau of the
Municipality, to the City Council. The decision of the City
Council may be appealed to the District Court, of this
jurisdiction as provided in Minnesota statutes 462.361. (Ord.
506, 4-27-92)
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Subd. 7. Flood Insurance Notice and Record Keeoina: The Zonina
Administrator shall notify the aDolicant for a variance that:
1) The issuance of a variance to construct a structure below the
base flood level will result in increased Drem;um rates for flood
insurance UD to amounts as hiqh as 525 for $100 of insurance
coveraae and 2) Such construction below the 100-vear or reaional
flood level increases risks to life and orooertv. Such
notification shall be maintained with a record of all variance
actions. A communitv shall maintain a record of all variance
actions, includina lustification for their issuance, and reoort
such variances issued in its annual or biennial reoort submitted
to the Administrator of the National Flood Insurance Proaram.
1301.08: FLOOD PLAIN ZONING ~;p ESTABLISHED:
The Flood Plain Zoning Map, together with all materials attached
thereto, is hereby adopted by reference and declared to be a part
of this Chapt$r. The attached material shall include the Flood
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Insurance study for the City of Mounds View prepared by the
Federal Insurance Administration dated March 3, 1983, and the
Flood Boundary and Floodway Maps and Flood Insurance Rate Maps
therein. The Official Zoning Map shall be on file in the office
of the Clerk-Administrator. (Ord. 506, 4-27-92)
1301.09: REGULATORY FLOOD PROTECTION ELEVATION:
The Regulatory Flood Protection Elevation shall be an elevation
no lower than one foot (1') above the elevation of the regional
flood. (Ord. 506, 4-27-Q2)
1301.10: FLOOD PLAIN ZONING DISTRICT (F.Z.D.):
Subd. 1. District Established: The flood plain areas within the
jurisdiction of this Chapter are hereby defined to be those areas
delineated A-1 to A-4, A-6, A-7 and A-H on the Flood Insurance
Map attached to the Flood Plain Zoning Map.
Subd. 2. District Regulations:
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a. Permitted Uses: The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall be
permitted within the F.Z.D. to the extent that they are not
prohibited by any other ordinance and provided they do not
require structures or additions to outside dimensions of existina
structures, fill, excavation or storage of materials or
equipment. In addition, no use shall adversely affect the
capacity of the channels or floodways 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) Industrial-commercial uses, such as loading area or parking
areas.
(3) Private and public recreational uses, such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing areas
and single or multiple purpose recreational trails.
(4) Residential uses, such as lawns, gardens, parking areas and
play areas.
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(5) Travel Trailers and travel Vehicles orovided the'! meet the
followina criteria:
(a) Have current licenses reauired for hiahway use.
(0) Are hiahway roady meanina on wheels or the internal lackinc
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svstem, are attached to the site onlv bv auick disconnect type
utilities commonly used in camoarounds and trailer parks and the
travel trailer/vehicle has no permanent structural tvoe additions
attached to it.
b. Conditional Uses: The following open space uses require
accessory structures (temporary or permanent) or fill or storage
of materials or equipment. These uses may be permitted in the
F.Z.D. only after the issuance of a conditional use permit as
provided in Section 1301.12 of this Chapter.
(1) structures accessory to open space uses.
(2) Placement of fill.
(3) Extraction of sand, gravel and other materials.
(4) Marinas, boat rentals, docks, piers, wharves and water
control structures.
(5) Railroads, streets, bridges, utility transmission lines and
pipelines.
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(6) storage yards for equipment, machinery or materials.
(7) Other uses similar in nature to uses described in
subdivisions la and 1b hereof which are consistent with the
provisions set out in section 1301.02 and this Section.
c. standards for F.Z.D. Conditional Uses:
(1) All Uses: No structure (temporary or permanent), fill
(including .fill far roads and levees), deposit, obstruction,
storage of materials or equipment or other uses may be allowed as
a conditional use which, acting alone or in combination with
existing or reasonably anticipated future uses, increases flood
heights. In ,addition, aIIF.Z.D. conditional uses shall 'be
subject to the standards contained in subdivision 1301.12(5) of
this Chapter and the following standards of this subdivision 3.
(2) Fill:
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(a) Any fill deposited in the F.Z.D. shall be no more than the
minimum amount necessary to conduct a conditional use listed in
subdivision 2b hereof. Generally, fill shall be limited to that
needed to grade or landscape for that use and shall not, in any
way, obstruct the flow of flood waters. Fill shall be properlv
compacted and the slopes shall be proper Iv protected bv the use
of riprap, veaetative cover or other acceptable method. The
Federal Emeraencv Manaaement Aaencv (FEMA) has established
criteria for removina the special flood hazard area desianation
for certain structures properlY elevated on fill above the 100-
v~ar flood elevation - FEMA's reauirements incorporate specific
fill compaction and side slope protection standards for multi-
structure or multi-lot developments. These standards should be
invps~iaated prior to the initiation of site preparation if a
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chanqe of soecial flood hazard area desicrnation will be
reauested.
(b) Spoil from dredging or sand and gravel operations shall not
be deposited in the F.Z.D. unless it can be done in accordance
with subdivision C2a above.
~c) ~~:: ~h~l: be protected from e=o~~on by ~eget~t~on cove=.
(3) Accessory Structures: Temporary or permanent accessory
structures permitted as conditional uses by subdivision 2bl
hereof.
(a) All structures, includinq accessory structures, additions to
existinq structures and manufactured homes, shall be constructed
on fill so that the basement floor, or first floor if there is no
basement, is at or above the Reaulatorv Flood Protection
Elevation. The finished fill elevation must be no lower than one
foot below the Requlatory Flood Protection Elevation and shall
extend at such elevation at least 15' beyond the limits of the
structure constructed thereon.
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(b) All Uses. Uses that do not have vehicular access at or above
an elevation not more than two feet below the Requlatorv Flood
protection Elevation to lands outside of the flood olain shall
not be oermitted unless qranted a variance by the Board of
Adlustment. In qrantinq a variance, the Board shall soecifv
limitations on the oeriod of use or occupancv of the use and onlv
after determininq that adeauate flood warnina time and local
emeraencv resoonse and recoverv orocedures exist.
+at ~ Accessory structures shall not be designed for human
habitation.
~;:; lQl Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the minimum
obstruction to the ,flow of flood waters.
fe+ igl Accessory structures shall be floodproofed in accordance
with the State Building Code'.
(4) Storage of Materials and Equipment:
(a) The storage or processing of materials that are/ In time of
flooding, flammable, explosive or potentially injurious to human,
animal or plant life is prohibited.
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(b) Storage of other materials or equipment may be allowed if
readily removable from the area within the time available after a
flood warning.
(5) Structural Works for Flood Control: Structural works for
flood control, such as dams and channel enlargements that will
1. See section 1001.01 of this Code.
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change the course, current or cross-section of a public water,
shall be subject to provisions of Minnesota Statutes ~ 103G.
(Ord. 506, 4-27-92)
1301.11: USE PERMITS:
Subd. 1. Permit Required: A use permit issued by the Zoning
Administrator in conformity with the provisions of this Chapter
shall be secured prior to the erection, addition or alteration of
any building, structure or portion thereof prior to the use or
change of use of building, structure or land, prior to the change
or extension of a nonconforming use and prior to the placement of
fill or excavation of materials within the Flood Plain Zoning
District.
Subd. 2. Application for Permit: Application for a use permit
shall be made in duplicate to the Zoning Administrator on forms
furnished by him and shall include the following where
applicable: Plans in duplicate drawn to scale, showing the
nature, location, dimensions and elevations of the loti existing
or proposed structures, fill or storage of materials and the
location of the foregoing in relation to the stream channel or
water body.
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Subd. 3. State and Federal Permits: Prior to granting a use
permit or variance or processing an application for the
conditional use permit, the Zoning Administrator shall determine
that the applicant has obtained all necessary State and Federal
permits.
Subd. 4. certificate of Zoning Compliance for a New, Altered or
Nonconforming Use: It shall be unlawful to use, occupy premises
or part thereof hereafter created, erected, changed, converted,
altered or enlarged in its use or structure until a certificate
of zoning compliance shall have been issued by the Zoning
Administrator stating that the use of the building or land
conforms to the requirements of this Chapter. Where a
nonconforming use or structure is extended or substantially
altered, the certificate of zoning compliance shall specifically
state the manner in which the nonconforming structure or use
differs from the provisions of this Chapter.
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Subd. 5. Construction and Use to Comply: Use permits, conditional
use permits or certificates of zoning compliance issued on the
basis of approved plans and applications authorize only the use,
arrangement and construction set forth in such approved plans and
applications and no other use, arrangement or construction. Any
use, arrangement or construction at variance with that authorized
shall be deemed a violation of this Chapter. The applicant shall
be reauiredto submit certification bv a registered professional
engin~er, 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 shall be certified by a registered professional engineer
or registered architect.
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Subd. 6. Record of First Floor Elevation: The Zoning
Administrator shall maintain a record of the elevation of the
first floor (including basement) of all new structures or
additions to existing structures in the flood plain districts. He
shall also maintain a record of the elevations to which
structures or additions to structures are floodproofed. (Ord.
506, 4-27-92)
1301.12: CONDITIONAL USES:
The city council shall hear and decide applications for
conditional uses permissible under this Chapter. Applications
shall be filed with the Clerk-Administrator who shall forward the
application to the Planning and Zoning Commission for
consideration. The Planning and Zoning commission shall, in turn,
refer application to the City Council for decision as provided in
the Municipal Code.
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Subd. 1. Hearings: Upon referring to the City Council 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 uses sufficiently in
advance so that the Commissioner will receive at least ten (10)
days' notice of the hearing.
Subd. 2. Decisions: The Planning and Zoning commission shall
consider the request at its next regular meeting unless the
filing date falls within fifteen (15) days of said meeting, in
which case, the request would be placed on the agenda and
considered at the regular meeting following the next regular
meeting. The Clerk-Administrator shall refer said application
along with all related information to the City Planning and
Zoning commission at least ten (10) days prior to the regular
meeting. The City Council shall then arrive at a decision on a
conditional use within sixty (60) days after the first regular
Planning and Zoning commission meeting at which the request was
considered. In granting a conditional use permit, the city
Council may prescribe appropriate conditions and safeguards, in
addition to those specified in subdivision 7 hereof which are in
conformity with the purposes of this Chapter. Violations of such
conditions and safeguards, when made part of the terms under
which the conditional use permit is granted, shall be deemed a
violation of this Chapter punishable under Section 1301.19. A
copy of all decisions granting conditional use permits shall be
forwarded by mail to the commissioner of Natural Resources within
ten (10) days of such action.
Subd. 3. Procedures for Evaluating Proposed Conditional Uses:
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a. Upon receipt of an application for a conditional use permit
for a use within the F.Z.D., the applican~ shall be required to
furnish such of the following information as is deemed necessary
by the Planning and Zoning commission for the determination of
the regulatory flood protection elevation: Plan (surface view)
showing elevations or contours of the ground; pertinent
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structure, fill or storage elevations; size, location and spatial
arrangement of all proposed and existing structures on the site;
location and elevations of streets; photographs showing existing
land uses and vegetation upstream and downstream and soil type.
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 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 calculate the water
surface profile of the regional flood.
c. Based upon the technical evaluation of the designated engineer
or expert, the Planning and Zoning Commission shall determine the
regulatory flood protection elevation at the site.
Subd. 4. Procedures for Planning and Zoning commission and city
Council for Passing on Conditional Use Permit Applications:
a. Require the applicant to furnish such of the following
information and additional information as deemed necessary by the
Planning and Zoning commission and City Council for determining
the suitability of the particular site for the proposed use:
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(1) Plans in triplicate drawn to scale showing the nature,
location, dimensions and elevation of the lot, existing or
proposed structures, fill, storage or materials, floodproofing
measures and the relationship of the above to the location of the
stream channel.
(2) Specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
b. Transmit one copy of the information described in subdivision
4a 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.
c. Based upon the technical evaluation of the designated engineer
or expert, the Planning and zoning commission shall determine the
specific flood hazard at the site and evaluate the suitability of
the proposed use in relation to the flood hazard.
.
Subd. 5. Decision of the City Council: In passing upon
conditional use applications, the City Council shall conSlaer all
relevant factors specified in other sections of this Chapter; and
a. The 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.
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c. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination and
unsanitary conditions.
d. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage o'n the individual
owner.
e. The importance of the services provided by the proposed
facility to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to
flooding for the proposed use.
h. The compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
i. The relationship of the proposed use to the Comprehensive Plan
and flood plain management program for'the area.
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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.
1. Such other factors which are relevant to the purposes of this
Chapter.
Subd. 6. Time for Acting on Application: The City Council shall
act on an application in the manner described above within the
time limits given above, e:<cept where additional information is
required pursuant to subdivisions J and 4 of this Section. The
City Council shall render a written decision within fifteen (15)
days from the receipt of such additional information beyond the
time limits given above.
Subd. 7. Conditions Attached to Conditional Use Permit: Upon
consideration of the factors listed above and the purpose of
Chapter, the City Council may attach such conditions to the
granting of conditional use permits as it deems necessary to
fulfill the purposes of this Chapter. Such conditions may
include, but are not limited to, the following:
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~nlS
a. Modification of waste disposal and water supply facilities.
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b. Limitations on period of use, occupancy and operation.
c. Imposition of operational controls, sureties and deed
restrictions.
d. Requirements or construction of channel modifications, dikes,
levees and other protective measures.
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e. Floodproofing measures, in accordance with the state Building
Code1. The applicant shall submit a plan or document certified
by a registered professional engineer or architect that the
floodproofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the
particular area. (Ord. 506, 4-27-92)
1301.13: NONCONFORMING USES:
A structure or the use of a structure or premises which was
lawful before the effective date herein but which is not in
conformity with the provisions of this Chapter may be continued
subject to the following conditions:
Subd. 1. No such use shall be expanded, changed, enlarged or
altered in a way which increases its nonconformity.
.
Subd. 2. No structural alteration or addition to any
nonconforming structure over the life of the structure shall
exceed fifty percent (50%) of its assessed value at the time of
its becoming a nonconforming use unless the entire structure is
permanently changed to a nonconforming use or unless the
alteration or addition would substantially reduce potential flood
damages for the entire structure.
Subd. 3. Any alteration or addition to a nonconforming use which
would result in substantially increasing the flood damage
potential of that use shall be floodproofed in accordance with
the St~te Building Code2.
Subd. 4. If any nonconforming use is discontinued for twelve (12)
consecutive months, any future use of the building premises shall
conform to this Chapter. The assessor shall notify the Zoning
Administrator, in writing, of instances on nonconforming uses
which have been discontinued for a period of twelve (12) months.
Subd. 5. If any nonconforming use is destroyed by any means,
including floods, to an extent of fifty percent (50%) or more of
its assessed value, it shall not be reconstructed, except in
conformity with the provisions of this Chapter.
Subd. 6. Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonconforming uses.
.
Subd. 7. Nonconforming uses located in the F.Z.D. shall be
eli~inated or brought into conformity with the standards
contained in this Chapter within ,a reasonable period of time, as
determined by the City Council, after a hearing for each such
nonconforming use. The City Council shall make its determination
UDon the basis of the normal life of any imDrovement UDon the
p~emises. In addition, the monetary value of any competitive
1. See Section 1001.01 of this Code.
2. See Section 1001.01 of this Code.
M0522-C
Page l30l.1l
.
advantage derived by the operation of such nonconforming use, by
reason of the limitation of establishment of competing businesses
as a result of this Chapter, shall be considered as a reduction
of losses resulting from the requirement of termination of the
use under this Chapter.
Subd. 8. The Zoning Administrator shall prepare a list of those
nonconforming uses which have been floodproofed or otherNise
adequately protected in conformity with subdivision 1301.12(7) of
this Chapter. He shall present such list to the City Council
which may issue a certificate to the owner stating that such
uses, as a result of these corrective measures, are in conformity
with the provisions of this Chapter. (Ord. 506, 4-27-92)
1301.14: SUBDIVISIONS1:
.
~ No land shall be subdivided which is held unsuitable by the
City Council for reason of flooding, inadequate drainage, water
supply or sewer treatment facilities. All lots within the flood
plain zoning districts shall contain a building site at or above
the, regulatory flood protection elevation. All subdivisions shall
have water and sewage disposal facilities that comply with the
provisions of this Chapter and have road access both to the
subdivision and to the individual building sites no lower than
two feet (2') below the regulatory flood protection elevation.
(Ord. 506, 4-27-92)
(b) For all subdivisions in the flood olain, the Floodwav and the
Flood Frinae boundaries, the Reaulatorv Flood Protection
Elevation and the reauired elevation of all access roads shall be
clearlv labelled on all required subdivision drawinas and
olattinq documents.
(e) Removal of Soecial Flood Hazard Area Desianation: The Federal
Emeraencv Manaaement Aaencv (FEMA) has established criteria for
removina the sDecial flood hazard area desianation for certain
structures oronerlv elevated on fill above the 100-vear flood
elevation. FE~~'s requirements incorDorate fill comoaction and
side slone nrotection standards for multi-structure or multi-lot
develonments. These standards should be investiaated Drior to
the initiation of site Dreoaration if a chanae of sDecial flood
hazard area desianation will be reauested.
1301.15: PUBLIC UTILITIES AND FACILITIES:
.
Subd. 1. Public Utilities: All public utilities and facilities,
such as gas, electrical, sewer and water supply systems, to be
located in the F.Z.D. shall be floodproofed in accordance with
the State Building Code2 or elevated to above the regulatory
1. See Title 1200 of this Code.
2. See section 1001.01 of this Code.
M0522-C
Page 1301.12
.
flood protection elevation.
Subd. 2. Public Transportation Facilities: Railroad tracks, roads
and bridges to be located within the F.Z.D. shall comply with
subdivisions 1301.10(2)c(1) and (2)C(2) of this Chapter.
Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation
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 or transportation
services would not endanger the public health or safety. (Ord.
506, 4-27-92)
1301.16: AMENDMENTS TO PROVISIONS:
Subd. 1. The flood plain designation on the Flood Plain Zoning
Map shall not be removed from flood plain areas unless it can be
shown that the designation is in error or that the area has been
filled to or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. 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.
.
Subd. 2. All amendments to this Chapter, including amendments to
the Flood Plain Zoning Map, must be submitted to and approved by
the Commissioner of Natural Resources prior to adoption. Changes
in the Flood Plain Zoning Map also require prior approval by the
Federal Insurance Administration. (Ord. 506, 4-27-92)
1301.17: ABROGATION AND GREATER RESTRICTIONS:
It is not intended by this Chapter to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However,
where this Chapter imposes greater restrictions, the provisions
of this Chapter shall prevail. In all cases, provisions of
Chapter 1010, Wetland Zoning Regulations and the Local Water
Management Plan dated February 12, 1990, subject to subsequent
revisions!, shall be considered more restrictive than this
Chapter. (Ord. 506, 4-27-92)
1301.18: DISCLAIMER OF LIABILITY:
.
This Chanter does not imnlv that areas outside the flood plain
dis~rict~ or land uses p~rmitted within such districts will be
free from flooding or flood damages. This Chapter shall not
create liability on the part of Mounds View or any officer or
emnlovee thereof for any flood damages that result from reliance
on-~hls Chapter or any administrative decision lawfully made
hereunder. (Ord. 506, 4-27-92)
1. 'See Chapter 1302 of this Title.
M0522-C
Page 1301.13
I ,
.
1301.19: VIOLATION AND PENALTIES:
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) shall constitute a misdemeanor. Any person
who violates this Chapter or fails to comply with any of its
requirements shall, upon conviction thereof, be fined as provided
in Section 104.01 of this Code and, in addition, shall pay all
costs and expenses involved in the case. Each day such violation
continues shall be considered a separate offense. Nothing herein
contained shall prevent the city council from taking such other
lawful action as is necessary to prevent or remedy any violation.
(Ord. 506, 4-27-92; 1993 Code)
.
.
Affibauit of Iluhlication
�tttte of Minnesota
Tountg of Kamm
N Theodor T i 1 I i e being duly sworn, on oath says that
he/she is the publisher or authorized agent and employee of the publisher of the newspaper
known as New Rri nhton Bill 1ef in and has full knowledge of the facts which
are stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as
a qualified newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable
laws, as amended.
(B) The printed Ordinance NO 535
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for 1 successive weeks; it was first published on Wednesday the
23rd day of Mar. 19 94 , and was thereafter printed and published on every
to and including , the day of , 19; and printed
below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby
acknowledged as being the size and kind of type used in the composition and publication of the
notice:
*ARGDFFGf I III INNGIAORSTUUINXYZ %% �jp,, / -
'abcdeighijklmnopgrstuvwxyz BY: H��"'"-d-'t11✓'"' �"-�-�
TITLE:
Subscribed and sworn to before me on
this ,23rd day of Mar. 1994 .
i�1 ,6 /'L, 1. , /!_
Notary Public ,;/
—�
'Alphabet should be in the same size and kind of type as the notice.
CAROLE HEURUNG
_ NOTARY PUBLIC -MINNESOTA RATE INFORMATION
- RAMSEY COUNTY
1 My Comm. Expires May 7, 1898
(1) Lowest classified rate paid by
commercial users for comparable space .......................... $14.10 per col. inch
(2) Maximum rate allowed by law for the above matter..................$7.63 per col. inch
(3) Rate actually charged for the above matter ..................... $ per col. inch
iIBLI
1801 At Finrigs o actn
np minis ra or esigna e i
4 ar nas, at rentals, ac s, plers,
sufficiently in advance so that the Commis-
conforming use which would result in substan-
'allb facifil such as gas, electrical. sewev r and _--
1301,02: Purpose
1301.03: Applicability, Scope and
ty Council shall administer and enforce this
Chapter. If he finds a violation of the provisions
wharves and water control structures.
(5) Railroads, streets, bridges, utility
sioner will receive at least ten (10) days' notice
Bally increasing the flood damage potential of
be flood in
,
water supply systems, to be located in the
pp y y
`the
Interpretation
p
of this Chapter, he shall notify the person
ty p
transmission lines and pipelines.
of the hearing.
Subd. Decisions: The Planning and Zon-
That use shall P roofed accordance
with the State Building Code. 2.
p
St shall be hood roofed in accordance with
the State Building Code 2 or elevated to above
1301.04: Definitions
1301.05: Compliance with Provisions
responsible for such violation and order the so-
tion necessary to correct It. (Ord. 506, 4-27-92)
(6) Storage yards for equipment, machinery
or materials.
Ing Commission shell consider the request at
m
Subtl. 4. If any nonconforming use is disron-
:the regulaloiy hood protection elevation.
1301.06: Zoning Administrator
1301.07: BOARD OF ADJUSTMENT AND
(7) Other uses similar in nature to uses
its next regular meeting unless the filing date
falls within fifteen (15) days of said meeting, in
tinued fortwelve (12) consecutive months, any
future use of the building premises'shell con-
' Subd. 2. Public Transportation Facilities:
-Railroad tracks, roads and bridges to be located
1301.07: Board of Adjustment and
Appeals
APPEALS:
A Board of Adjustment and Appeals is
described in subdivisions is and 11b hereof
which are consistent with the provisions set out
which case, the request would be placed on the
form to this Chapter. The assessor shall notify
-within the F.Z.D. shall comply with subdivisions
1301.06: Flood Plain Zoning Map
established as provided in Title 1100 of the
g
in Section 1301.02 and this Section,
agenda and considered at the regular meeting
following the nett regular meeting. The Clerk-
g g g.
the Zoning Administrator, in writing, of in-
stances on nonconforming uses which have
9
1`301 ll and (2)c(2) of this Chapter. I
Elevation to the regulatory flood protection
1301.09: bRegu ato Flood Protection
Regulatory
Municipallished Subd.. Powers; Adoption Rules: The
P
c. Standards for F.Z.D. Conditional Uses:
(1) All Uses: No structure (temporary or
Administrator shell refer said application along
been discontinued for a period of twelve (12)
elevation shall be provided where failure or in- I
Elevation
Board of Adjustment and Appeals shall adopt
per,
mans fill (including fill for roads and levees),
with all related information to the City Plan-
ning and Zoning Commission 8t least ten (10)
months.
Subd. 5. If any nonconforming use is
•teeupibn of (hese transporteti9ff facilities are
essential to the orderly functioning of the area.
1301.10: Flood Plein Zoning District (F.Z.D.)
rules for the conduct of business and may ex-
deposit, obstruction, storage of materials or
days prior to the regular meeting. The City
destroyed by any means, including floods, to
..Minor or auxiliary roads or railroads may be
1301.11: Use Permits
1301.12: Conditional Uses
erclse all of the powers conferred on such
boards by State laws.
equipment or other uses may be allowed as a
conditional use which, acting alone or in com-
Council shall then arrive at a decision on a con-
an extent of fifty percent (50%) or more of its
'Constructed at a lower elevation where failure
1301.13: NonconformingUses
Subd. 2. Administrative Review: The Board
utur uwith existing or reasonably anticipated
ditional use within sixty (60) days atter the first
regular Planning end Zoning Commission
assessed value, it shall not be reconstructed,
except in conformity with the provisions of this
dr interruption of transportation services would
p P
.md endanger the public health or safety. (Ord.
1301.14: Subdivisions
shell hear and decide appeals where it is alleg-
future
future uses, Increases flood heights. In edd4
meeting at which the request was considered.
Chapter.
'506 4-27-92)
1301.15: Public Utilities and Facilities
ed there Is error in any order, requirement, deci-
tion, all F.Z.D. conditional uses shall be sub-
In granting a conditional use permit, the City
Subd. 6. Uses or adjuncts thereof which are
1301.16: Amendments to Provisions
Sion or determination made by an ad-
ject to the standards contained in subdivision
Council may prescribe appropriate conditions
or become nuisances shall not be entitled to
_
'1. See Title 1200 of this Code.
1301.17: Abrogation and Greater Restrictions
ministrative official In the enforcement or ad-
1301.12(5) of this Chapter and the following
and safeguards, in addition to those specified
continue as nonconforming uses.
'2. See Section 1001.01 of this Code.
1301.15: Disclaimer of Liability
ministration of this Chapter.
standards of this subdivision 3.
in subdivision 7 hereof which are in conformity
Subd. 7. Nonconforming uses located In the
' 1301.16: AMENDMENTS TO PROVISIONS:
1301.19: Violation and Penalties 12RI
1301.01: FINDINGS OF FACT:
Subtl. 3. Variances: The Board may
authorize, upon appeal in specific case, such
(2) Fill:
(a) Any fill deposited in the F.Z.D. shall be
the purposes of this Chapter. Violations of
F.Z.D. shall be eliminated or brought into con.
^' 'Subd. 1. The flood plain designation on the
Subd. 1. Authorization: The Legislature of
variance from the terms of this Chapter as will
no more than the minimum amount necessary
such conditions and safeguards,, when made
such
part of the terms under which the conditional
twith the standards contained in thio
Chapter within a reasonable period of time, as
Chap
Flood Plain Zoning Map shall not be removed
^hGm flood plain areas unless it can be shown
the State has, in Minnesota Statutes Wtatess
not be contrary to the public interest, where,
to conduct a conditional use listed In subdivl-
use permit is granted, shall be deemed a viola-
determined by the City Council, after a hear-
mat the designation is In error or that the area
49VChapter 103F and in the Mounds View
owing to special conditions, literal enforcement
son 21a hereof. Generally, fill shall be limited
tion of this Chapter punishable under Section
ing for each such nonconforming use. The CI-
'has been filled to or above the elevation of the
Municipal Code, Title 1100, delegated the
of the provisions of the Chapter will result in un-
to that needed to grade or landscape for that
1301.19. A copy of all decisions granting con-
ty Council shall make its determination upon
' regional flood and is contiguous to lands out -
responsibility to local governmental units to
necessary hardship so that the spirit of the
use and shall not, in any way, obstruct the flow
ditional use permits shall be forwarded by mail
the basis of the normal life of any improvement
side the flood plain. Special exceptions to this
adopt regulations designed to minimize flood
Chapter shall be observed and substantial
of flood waters. Fill shall be properly com•
to the Commissioner of Natural Resources
upon the premises. In addition, the monetary
'rule may be permitted by the Commissioner of
losses. Therefore, the City Council does ordain
justice done. No variance shall have the effect
patted and the slopes shall be properly pro•
within ten (10) days of such action.
value of any competitive advantage derived by
Natural Resources if he determines that,
as follows in this Chapter.
of allowing in any district uses prohibited in that
tected by the use of rlprap, vegetative cover
Subtl. 3. Procedures for Evaluating Propos-
the operation of such nonconforming use, by
• through other measures, lands are adequately
Subd. 2. Findings:
district, permit a lower degree of flood protec-
or other acceptable method. The Federal
ad Conditional Uses:
reason of the limitation of establishment of com-
"acted for the intended use.
a. Effect of Floods: The flood hazard areas
tion than the regulatory flood protection elove.
Emergency Management Agency (FEMA)
a. Upon receipt of an application for a con-
paling businesses as a result of this Chapter,
. ••, Subd. 2. All amendments to this Chapter, in -
of Mounds View are subject to periodic [nun-
tion for the particular area or permit standards
has established criteria for removing the
ditional use permit for a use within the F.Z.D.,
shall be considered as a reduction of loans
• clbding amendments to the Flood Plain Zoning
dation which results in potential loss of life, loss
lower than those required by State law.
special flood hazard area designation lar
the applicant shall be required to furnish such
resulting from the requirement of termination
Map, must be submitted to and approved by the
of property, health and safety hazards, disrup-
tion of commerce and governmental services,
1. See Section 1125.05 of this Code, City
certain structures properly elevated on fill
above the 100 -year flood elevation -
of the following information as is deemed
necessary by the Planning and Zoning Com-
of the use under this Chapter.
Subd. S. The Zoning Administrator shell
Irbamissioner of Natural Resources prior to
extraordinary public expenditures for flood pro-
Clerk -Administrator to serve as Zoning
FEMA's requirements incorporate specific
mission for the determination of the regulatory
prepare a list of those nonconforming uses
adoption. Changes in the Flood Plain Zoning
Map also require prior approval by the Federal
section and relief and impairment of the tax
base, all of which adversely affect the public
Administrator.
2. See subdivision 1125.02(1) and Chapter
fill compaction and side slope protection
standards for multi -structure or multi -lot
flood protection elevation: Plan (surface view)
which have been floodproofed or otherwise
Insurance Administration.Ord. 506, 4-27-92
health, safety and general welfare.
402 of this Code.
developments. These standards should be
showing elevations or contours of the ground;
pertinent structure, fill or storage elevations;
adequately protected in conformity with subdivi-
sion 1301.12(7) of this Chapter. He shall pre-
1301.17: ABROGATION AND GREATER
RESTRICTIONS:
b. Methods Used to Analyze Flood Hazards:
3. M.S.A. §462.357, subdivision 6.
investigated prior to the initiation of site
size, location and spatial arrangement of all
sent such list to the City Council which may
It is not intended b this Chapter to repeal,
This Chapter is based upon a reasonable
Subd. 4. Hearings: Upon filing with the
preparation if a change of special flood
proposed and existing structures on the site;
issue a certificate to the owner slating that such
tlbragate or impair any existing easements.
method of analyzing flood hazards which is
consistent with the standards established by
Board of Adjustment and Appeals or an appeal
from a decision of the Zoning Administrator or
hazard area designation will be requested.
(b) Spoil from dredging or sand and gravel
location and elevations of streets; photographs
uses, as a result of these corrective measures,
cdvenants or deed restrictions. However, where
the Minnesota Department of Natural
an application for a variance, the Board shall
operations shall not be deposited in the F.Z.D.
showingexisting land uses and vegetation
g g
upstream and downstream and soil type.
are in conformity with the provisions of this
Y P
Chapter. (Ord. 506, 4-27-92)
Rios Chapter imposes greater restrictions, the
'provisions
Resources. (Ord. 508, 427-92)
fix a reasonable time for a hearing and give due
unless it can be done in accordance with sub-
b. One copy of the above information shall
of this Chapter shall prevail.Inall
cases, provisions of Chapter 1010, Weiland
1301.02: PURPOSE:
It is the purpose of this Chapter to promote
notice to the parties in interest. The Board shall
submit by mail to the Commissioner of Natural
division C2a above.
be transmitted to a designated engineer or
g g
1. See Section 1001.01 of this Code.
'M n fog Regulations and the Local Water
the public health, safe[ and general welfare
P Y 9
Resources a co of the plication for propos-
PY P P
we(3)
other expert g agency for technical assistance
determining the regulatory flood protection
of this Code.
2. See Section SUBDIVISIONS
SUBDIVISIONS t:
'Management Plan dared February 12, 1990,
''§lite cl o subs t
re subsequent revisions shall be con -
and to minimize those looses described in sub-
ed variance sufficiently in advance so that the
t
Ac essory"'
(3) Accessory Structures: Temporary or per.
elevation. Procedures consistent with Min-
el
(a) No l subdivided which is held
(e) No shell
ed more restrictive than this Chapter. (Ord.
,
division 1301.01(2)a of this Chapter by provi-
Commissioner will receive at least ten (10)
manent accessory structures permitted as con-
Regulations NR 86-87 shall be follow-
it
unsuitable by the City Council for reason of
506,
'b06, 4-27-92)
sions contained herein. (Ord. 506, 427-92)
days' notice of the hearing.
ditional uses by subdivision 2bl hereof.
ed in this expert evaluation. The designated
ad in t
flooding, inadequate drainage, water supply or
,e' 1307.18: DISCLAIMER OF LIABILITY:
1301.03: APPLICABILITY, SCOPE AND
INTERPRETATION:
Subd. 5. Decisions: The Board shall arrive
at a decision on such appeal or variance within
(a) All structures, including accessory
structures, additions to existing structures
engineer or expert shall calculate the water sur-
sewer treatment facilities. All lots within the
plain
;..This Chapter does not imply that areas out -
Subd. 1. Application of Provisions: This
thirty(30)days after public hearing of such ap-
and manufactured homes, shall be con-
lace profile of the regional flood.
c. Based upon the technical evaluation of
flood zoning districts shall contain a
buildin site et or above the re ulato flood
g regulatory
side the flood plain. districts or land uses per-
'(fritted
Chapter shall apply to all lands within the
peal or variance. In passing upon an appeal,
strutted on fill so that the basement floor,
p
the designated engineer or expert, the Plan-
protection elevation. All subdivisions shall hove
within such districts will be free from
'sboding or flood damages. This Chapter shall
jurisdiction of Mounds View shown on the Flood
the Board may, so long as such action is in con-
or first floor if there Is no basement, Is at or
ring and Zoning Commission shall determine
water and sewage disposal facilities that com•
iii create liability on the part of Mounds View
Plain Zoning Map being located within the
rvers with the provisions of the Chapter,
above the Regulatory Flood Protection
the regulatory flood protection elevation at the
ply with the provisions of this Chapter and have
`oy any officer or employee thereof for any flood
100 -year flood boundary. These lands are
u
reverse or affirm, wholly or in part, or modify
Elevation. The finished fill elevation must be
site
road access both to the subdivision and to the
ud'emages that result from reliance on this
8 floodA�nA H rice zones A -i, A-2,
tihan°sdeealed
no lower than one foot below the Regulate ry
Subd. 4. Procedures for Planning and Zon-
individual building sites no lower than two feet
there, or any administrative decision lawful
A•3Adelineated
Subd. 2. Interpretation:
PP from. make its decision,
in writing, setting forth the findings of fact and
Flood Protection Elevation and shall extend
at such elevation at least 15' beyond the
in Commission and Ci Council for Passing
g City g
(2') below the regulatory flood protection eleva-
g ry p
-
ly made hereunder. (Ord. 506, 427-92)
a. In their interpretation and application, the
the reasons for its decision. In granting a
limits of the structure constructed thereon.
on Conditional Use Permit Applications:
a. Require the applicant to furnish such of
tion. (Ord. 506, 4-27-92)
(b) For all subdivisions in the flood plain,
1301.19: VIOLATION AND PENALTIES:
"Violation of the provisions of this Cha or
P
provisions of this Chapter shall be held to be
variance, the Board may prescribe appropriate
(b) All Uses. Uses that do not have
the following information end additional inion-
the Flaotlway and the Flood Fringe boon•
plan
'1ellure to comply with any of its requirements
minimum requirements and shall be liberally
conditions and safeguards such as those
vehicular access at or above an elevation
mation as deemed necessary by the Planning
daries, the Regulatory Flood Protection
^(including violations of conditions and
construed in favor of the governing body and
shall not be deemed a limitation or repeal of any
specified in subdivision 1301.12(7) of this
Chapter which are in conformity with the pur-
not more than two feet below the Regulatory
Flood Protection Elevation to lands outside
and Zoning Commission and City Council for
Elevation and the required elevation of all
access roads avail be clearly labelled on all
tale uards established in connection with
'grants
other powers granted by State statutes.
poses of this Chapter. Violations of such con-
of the flood plain shall not be permitted
determining the suitability of the particular site
for the proposed use:
required subdivision drawings and plattingances
of variances or conditional uses) shall
Constitute a misdemeanor. Any who
b. The boundaries of the zoning districts
ditions and safeguards, when made part of the
is
unless granted a variance by the Board of
1 Plans in tri licate drawn to scale show-
O p
documents.
person
;folates this Chapter or fails to complywithany
shall be determined by scaling distances on the
Flood Plain Zoning Ma Where interpretation
g p. p
terms under which the variance granted, shall
be deemed a violation of this Chapter
p
Adjustment. In granting a variance, the
Board shall specify limitations on the
mg the location, and aures-
Heard Area
(c) Removal of Spaded Flood Emergency
Designation: The Federal Emergency
pt its re uire shall, u
q pin conviction
is needed as to the exact location of the boun-
punishable under Section 1301.19 hereof. A
period
of use or occupancy of the use and only
he lot, r proposed
tion of the lot, existing or proposed structures,
fill, storage or materials, floodproofing
Management Agency (FEMA) has establish-
d as
-�}iereot, be fined as provided in Section 104.01
'of
daries of the district as shown on the Flood
copy of all decisions granting variances shallafter
Commissioner
determining that adequate hood warn•
measures and the relationship of the above to
ed criteria for removing the special flood
this Code and in addition, shall pay all costs
Ad ex Penson involved in the case. Each day
Plein Zoning Map, as for example where there
be forwarded by mail to the of
ing time and local emergency response and
the location of the stream channel.
hazard area designation for certain strut•
such violation continues shall be considered
appears to be a conflict between a mapped
pp
Natural Resources within ten 10 days of such
( ) Y
recover y procedures exist.
2 Specifications for building construction
() g
[urea properly elevated on fill above the
a
separate offense. Nothing herein contained
boundary and actual field condition, the Plan-
ring and Zoning Commission shell make the
action.
Subtl. 6. Appeal to the City Council and
{a} (c) Accessory structures shall not be
designed for human habitation.
dredging,
and materials, nee i Prov g, improvement,
grading, channel improvement, storage of
quireme flood oratelevetill c pactio re-
qu incorporate fill compaction and
shall the Cit Council from [akin
P Y 9 such
necessary interpretation based on elevations
District Court: Appeals from any decision of the
lei (d) Accessory structures, if permitted,
materials, water supply and sanitary facilities.
side slope protection standards for multi-
a slopes
other lawful action as is
awful y prevent
(Ord. 5 o
or remedy any violation. (Ord. 506, 4-27-92;
on the regional (100 -year) flood profile and
g ( y ) p
Board may be taken b an persons, jointly or
Y Y P I Y
shall be and placed on the building
b. Transmit one copy of the information
structure or multi -lot developments. These
.
1993 Code)
other available technical data. Persons con-
severally, aggrieved any decision of the
s to offer
site so as to CNet the minimum obstruction to
described in subdivision 4a above to a
standards should be Investigated prior to the
testing the location of the district boundaries
shall be given a reasonable opportunity to pre-
rs
Board or any taxpayers, officer, department,
board or bureau of the Municipality, to the City
the flow of flood waters.
(e) (e) Accessory structures shall be flood-
designated engineer or other expert person or
initiation of site preparation If a change of
special flood hazard Brea daalgnatlon will M
t. gee Chapter 1302 0l this Tulle.
p
sent their case to the Planning and Zoning
Council. The decision of the City Council may
proofed in accordance with the State Building
agency for technical assistance, where
g
necessary, in evaluating the proposed project
requested.
(Bullahn: March 23, 1994)
Commission and to submit technical evidence.
be appealed to the District Court, of this jurisdic-
Coder.
in relation to flood heights end velocities, the
Ord. 506, 427-92
( )
tion as provided in Minnesota Statutes 462.361.-
p
(4) Storage of Materiels and Equipment:
seriousness of flood damage to the use, the
SUI21((t-M 1B ]U8Ujigur 10111ucpo31SEq
1301.04: DEFINITIONS:
(Ord. 506, 4-27-92)
(a) The storage or processing of materials
adequacy of the plans for protection and other
t 5il{i O1 C)16M1oj BUD I31oSXw purtoj
Unless specifically defined below, words or
used in this Chapter shall be inter-
Subd. 7. Flood Insurance Notice and
Record Keeping: The Zoning Administrator
that are, in time of flooding, flammable, ex-
injurious to human,
technical matters.
1j d 1SUC2A 1DNj otp 5,11 oghw ]o
phrases
plosive or potentially animal
I. Based upon the technical evaluation of
,I1etp
prated so as to give them the same meanings
shall notify the applicant for a variance that:
or plant life is prohibited.
the designated engineer or expert, the Plan.
1,1S og11e S1Uo11ICU]710J o1E15 $UI)JUo11U
as they have in common usage and so as to
1) The Issuance of a variance to construct
(b) Storage of other materials or equipment
ning and Zoning Commission shall determine
DO] UMOJ3 inti oSR2D2q11 5zgArN
give this Chapter its most reasonable
a structure below the base flood level will
may be allowed if readily removable from the
application.
result In Increased premium Mss for good -
area within the time available after a flood
the specific good hazard a
--.�
Subd. 1. ACCESSORY USE or STRUC.
Insurance up to amounts as high as $25 for
warning
evaluate the suitability of the proposed use in
TURE: A use or structure on the same lot with
$100 of Insurance coverage and 2) Such
(5) Structural Works for Flood Control: Struc-
relation to the flood hazard.
of the City Council: In
and of a nature customarily incidental and
construction below the 100-year or regional
to life
tural works ler flood control, such as dams and
Subtl. 5. Decision
upon conditional use applications, the
subordinate to the principal use or structure.
Subd. 2. BASEMENT: Means any area o1
good level increases risks and proper.
ty. Such notification $hall be maintained
channel enlargements that will change the
course, current or cross-section of a public
passing
City Council shall consider all relevant factors
a structure, Including crawl spaces, having
with a record of all variance actions. A com-
water, shell be subject to provisions of Min-
specified in other sections of this Chapter; and
Its Boor or base subgrade (below ground
munity shall maintain a record of all variance
nesota Statutes 40G103G. (Ord. 506, 4.27.92)
a. The danger to life and property due to in-
flood heights or velocities caused by
level) on all four sides, regardless of the
actions, Including justification for their is-
creased
depth of excavation below ground level.
suance, and report such variances Issued In
1. See Section 100f.01 of this Code.
encroachments.
The danger that materials may be swept
Subd. 4.6 3. EQUAL DEGREE OF EN-
CROACHMENT: A method of determining the
Its annual or biennial report submitted to the
Administrator of the National Flood In-
1301.11: USE PERMITS:
Subd. 1. Permit Required: A use permit
b.
onto other lands or downstream to the injury of
location of floodway, boundaries so that flood
surance Program.
issued by the Zoning Administrator in confer-
others.
c. The proposed water supply and sanitation
plain lands on both sides of a flooding source
1301.08: FLOOD PLAIN ZONING MAP
mity with the provisions of this Chapter shall be
systems and the ability of these systems to pre-
are capable of conveying a proportionate share
of flood flows.
ESTABLISHED:
The Flood Plain Zoning Map, together with
secured prior to the erection, addition or altera-
tion of any building, structure or portion thereof
vent disease, contamination and unsanitary
Subd.a 4. FLOOD: A temporary increase
all materials attached thereto, is hereby
prior to the use or change of use of building,
conditions.
d. The susceptibility of the proposed facility
In the flow or stage of a lake or other flooding
adopted by reference and declared to be a part
structure or land, prior to the change or exten-
its contents to flood damage and the effect
source that results in the inundation of normal.
ly dry
of this Chapter. The attached material shall in.
clude the Flood Insurance Study for the City of
sion of a nonconforming use and prior to the
fill or excavation of materiels
and
of such damage on the individual owner.
areas.
Subd. + 5. FLOOD FREQUENCY: The
Mounds View prepared by the Federal In-
placement of
within the Flood Plain Zoning District.
e. The importance of the services provided
,
average frequency, statistically determined, for
surance Administration dated March 3, 1983,
Subd. 2. Application for Permit: Application
by the proposed facility to the community.
which it is expected that a specific flood stage
and the Flood Boundary and Floodway Maps
for a use permit shall be made in duplicate to
f. The requirements of the facility fora water-
or discharge may be equaled or exceeded.
and Flood Insurance Rate Maps therein. The
the Zoning Administrator on forms furnished by
front location.
-
Subd. B. FLOOD FRINGE: That portion of
Official Zoning Map shall be on file in the of-
him and shall include the following where ap-
g. The availability of alternative locations not
subject to flooding for the proposed use.
the flood plain outside of the floodway.
fice of the Clerk-Administrator. (Ord. 506,
plicable: Plans in duplicate drawn to scale,
h. The compatibility of the proposed use with
Subd. fn 7. FLOOD PLAIN: The areas
which have been or hereafter may be covered
4.27-92)
1301.09: REGULATORY FLOOD PROTEC-
showing the nature, location, dimensions and
elevations of the lot; existing or proposed struc.
existing development and development an-
by the regional flood.
TION ELEVATION:
tures, fill or storage of materials and the Iota-
ticipated in the foreseeable future.
i. The relationship of the proposed use to the
Subd. & S. FLOOD PLAIN ZONING
DISTRICT: The area delineated A-1, A-2, A-3,
The Regulatory Flood Protection Elevation
shall be an elevation no lower than one foot (1')
tion of the foregoing in relation to the stream
channel or water body.
Comprehensive Plan and flood plain manage-
A-4, A-6, A-7 or A-H on the Flood Insurance
above the elevation of the regional flood. (Ord.
Subd. 3. State and Federal Permits: Prior to
ment program for the area.
L The safety of access to the property in
Rate Map attached to the Flood Plain Zoning
506, 4-27-92)
1301.10: FLOOD PLAIN ZONING DISTRICT
granting a use permit or variance or process.
for the conditional use per-
times of flood for ordinary and emergency
Map.
Subd.449. FLOODPROOFING: Acombina-
(F.Z.O.):
ing an application
mit, the Zoning Administrator shall determine
vehicles.
It. The expected heights, velocity, duration,
lion of structural provisions, changes or adjust-
Subd. 1. District Established: The flood plain
that the applicant has obtained all necessary
and sediment transport of the flood
ment to properties and structures subject to
flooding, primarily for the reduction or elimina-
areas within the jurisdiction of this Chapter are
hereby defined to be those areas delineated A-1
State and Federal permits.
Subtl. 4. Certificate of Zoning Compliance
rate of rise
waters expected at the site.
tion of flood damages.
to A-4, A-6, A-7 and A-H on the Flood Insurance
Map.
for a New, Altered or Nonconforming Use: It
I. Such other factors which are relevant to
the of this Chapter.
Subd. 10. FLOODWAY: The bed of a
Map attached to the Flood Plain Zoning
shall be unlavAul to use, occupy premises or
purposes
Subd. 6. Time for Acting on Application: The
wetland or lake and the channel of a water-
Subd. 2. District Regulations:
part thereof hereafter created, erected, chang-
City Council shall act on an application in the
course and those portions of the adjoining
a. Permitted Uses: The following uses have
ed, converted, altered or enlarged in its use or
described above within the time limits
good plain which are reasonably required fo
a low flood damage potential and do not
structure until a certificate of zoning compliance
manner
above, except where additional informa.
carry or store the regional flood discharge,
obstruct flood flows. These uses shall be per-
shall have been issued by the Zoning Ad-
given
tion is required pursuant to subdivisions 3 and
Subd. 4- 11. OBSTRUCTION: Any dam,
miffed within the F.Z.D. to the extent that they
ministrator stating that the use of the building
4 this Section. The City Council shall render
wall, wharf, embankment, levee, dike, pile,
are not prohibited by any other ordinance and
or land conforms to the requirements of this
of
decision within fifteen (15) days from
abutment, projection, excavation, channel
provided they do not require structures or ad-
Chapter. Where a nonconforming use or struc-
a written
the receipt of such additional information
modification, culvert, building, wire, fence,
ditions to outside dimensions of existing
lure is extended or substantially altered, the
beyond the time limits given above.
stockpile, refuse, fill, structure or matter in,
structures, fill, excavation or storage of
Certificate of zoning compliance shall specifical-
Subd. 7. Conditions Attached to Conditional
along, across or projecting into any channel,
materials or equipment. In addition, no use
ly state the manner in which the nonconform-
Use Permit: Upon consideration of the factors
watercourse or regulatory flood plain which may
shall adversely affect the capacity of the Chan.
ing structure or use differs from the provisions
listed above and the purpose of this Chapter,
impede, retard or change the direction of the
flow of water, either in itself or by catching or
nels or floodways or of any drainage ditch or
any other drainage facility or system.
of this Chapter.
Subd. 5. Construction and Use to Comply:
the City Council may attach such conditions to
collecting debris carried by such water.
(1) Agricultural uses, such as general farm-
Use permits, conditional use permits or cer-
the granting of conditional use permits as it
deems necessary to fulfill the purposes of this
Subd,4 12. REACH: A length of a water-
Course or water body having relatively the same
ing, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farm.
tificates of zoning compliance issued on the
basis of approved plans and applications
Chapter. Such conditions may include, but are
flood hazard.
Ing and wild crop harvesting.
authorize only the use, arrangement and con-
not limited to, the following:
Modification of waste disposal and water
Subtl. 40. 13. REGIONAL FLOOD: A flood
(2) Industrial-commercial uses, such as
struction set forth in such approved plans and
a.
which is representative of large floods known
to have occurred generally in Minnesota and
loading area or parking areas.
(3) Private and public recreational uses,
applications and no other use, arrangement or
construction. Any use, arrangement or con-
supply facilities.
b, Limitations on period of use, occupancy
reasonably characteristic of what can be ex-
such as golf courses, tennis courts, driving
boat
struction at variance with that authorized shall
and operation.
c. Imposition of operational Controls, sureties
ORDINANCE NO. 535
petted to occur on an average frequency in the
ranges, archery ranges, picnic grounds,
be deemed a violation of this Chapter. The ap-
CITY OF MOUNDS VIEW
magnitude of the 100-year recurrence interval.
Regional flood is synonymous with the term
launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish
plicant shall be required to submit certification
by a registered professional engineer,
and deed restrictions.
d. Requirements of construction of channel
COUNTY OF RAMSEY
"base flood" used in the Flood Insurance
hatcheries, shooting preserves, target ranges,
registered architect or registered land surveyor
modifications, dikes, levees and other protec-
STATE OF MINNESOTA
Study.
trap and skeet ranges, hunting and fishing
that the finished fill and building elevations were
tive measures.
e. Floodproofing measures, in accordance
AN ORDINANCE AMENDING THE
Subtl. 44.14. REGULATORY FLOOD PRO-
TECTION ELEVATION: An elevation no lower
areas and single or multiple purpose racres-
tional trails.
accomplished in compliance with the provisions
of this Chapter. Floodproofing measures shall
with the State Building Code. 1. The applicant
MUNICIPAL CODE OF THE CITY OF
MOUNDS VIEW BY AMENDING
than one foot (1') above the elevation of the
(4) Residential uses, such as lawns,
be certified by a registered professional
shall submit a plan or document certified by a
registered professional engineer or architect
CHAPTER 1301 ENTITLED
regional flood; except Judicial Ditch No. 1,
Hillview and Lois Drive flood areas shall have
gardens, parking areas and play areas.
(5) Travel Trailers and travel Vehicles pro-
engineer or registered architect.
Subd. 6. Record of First Floor Elevation: The
that the floodproofing measures are consistent
"FLOOD PLAIN ZONING"
The Council of the City of Mounds View does
an elevation no lower than two feet (2') above
regional flood plus any increases in flood
vided they meet the following criteria:
(a) Have current licenses required for
Zoning Administrator shall maintain a record of
the elevation of the first floor (including base-
with the regulatory flood protection elevation
and associated flood factors for the particular
hereby ordain that Chapter 1301 of the
Municipal Code of Mounds View shall be
heights attributable to encroachment on the
highway use.
ment) of all new structures or additions to ex-
area. (Ord. 506, 4.27.92)
1301.13: NONCONFORMING USES:
amended as indicated on the attached pages.
flood plain. It is the elevation to which uses
regulated by this Chapter are required to be
(b) Are highway ready meaning on wheels
or the internal jacking system, arc attachetl
feting structures in the flood plain districts. He
shall also maintain a record of the elevations
A structure or the use of a structure or
Sections that are over-struck shall be deleted
that are underlined [boldface]
elevated or floodprooted.
to the site only by quick disconnect type
to which structures or additions to structures
premises which was lawful before the effective
date herein but which is not in Conformity with
and sections
shall be etltletl.
Subd.42.15. STRUCTURE: Anything con.
or erected on ground or attached to the
utilities Commonly used In campground$
and trailer parks and the travel trailer/vehi-
are floodproofed. (Ord. 506, 4-27-92)
1301.12: CONDITIONAL USES:
the provisions of this Chapter may be continuetl
This Ordinance shall take effect thirty days
after the date of its publication.
structed
ground or on-site utilities, including but not
Cie has no permanent structural type addl-
The City Council shall hear and decide ap-
subject to the following conditions:
Subd. 1. No such use shall be expanded,
Read by the City Council of the City of
limited to buildings, factories, sheds, detached
cabins, manufactured mobile homes
tions attached to it.
b. Conditional Uses: The following open
plications for conditional uses permissible
under this Chapter. Applications shall be filed
changed, enlarged or afered in a way which
Mounds View this 28th day of February,1994.
Read and passed by the City Council of the
garages,
and other similar items. (Ord. 506, 4-27-92)
space uses require accessory structures (tem-
with the Clerk-Administrator who shall forward
increases its nonconformity.
Subd. 2. No structural alteration or addition
City of Mounds View this 14th day of March,
1301.05: COMPLIANCE WITH
porary or permanent) or fill or storage of
or equipment. These uses may be
the application to the Planning and Zoning
Commission for consideration. The Planning
to any nonconforming structure over the life of
1894.
ATTEST: /a/ Phyllis 1. Blanchard
PROVISIONS:
No structure or land shall hereafter be used
materials
permitted in the F.Z.D. only after the issuance
as in Sec-
and Zoning Commission shall, in turn, refer ap-
Council for decision as pro-
the structure shall exceed fifty percent (50%)
of its assessed value at the time of its begom.
ACTING MAYOR
and no structure shall be located, extended,
converted or structurally altered without full
of a conditional use permit provided
tion 1301.12 of this Chapter.
plication to the City
vided in the Municipal Code.
ing a nonconforming use unless the entire
(SEAL)
(SEAL)
/s/ Tim Crinkehenk
compliance with the terms of this Chapter and
(1) Structures accessory to open space_
-uses.
Subtl. 1. Hearings: Upon referring to the City
structure is permanently changed to a noncon-
forming use unless the alteration
-
`
CITY ADMINISTRATOR
other applicable regulations which apply"tb
within the jurisdiction of this Chapter. (Ord.
(- -j2j Placement o1 fill.
Council an application for a Conditional use per-
r mit, the City Council shall submit, by mail, to
tial flood
would substantially reduce potential flood
to
.1301 PUBLIC UTILITIES AND
CHAPTER 1301
FLOOD PLAIN ZONING
uses
506, 4-27-92)
(3) Extraction of sand, gravel and other
the Commissioner of Natural Resources a Copy
damages for the entire structure.
Subd. 3. Any alteration or addition to a nbn-
FACILITIES
-r'--,.-. Public Utilities All public utilities
SECTION:
1301.06: ZONING ADMINISTRATOR:
Administrator by the Ci-
materials.
(4) Marinas, beat rentals, docks, piers,
of the application for proposed Conditional uses
y in advance so that the Commis-
sinner
conforming use which result in s
'hob lacilitlesr such as gas, electrical, sewer and
1301.01: Findings of Fact
1301.02: Purpose
A Zoning
ter and a
ty Council' shall administer and enforce this
wharves and water control structures.
sinner will receive at least ten (10) days' notice
ill
da Mita 0-
Bally increasing the flood damage potential of
flood
that use shall be floodproofed in accordance
IF; EDatter supply systems, to in located a the
`F ¢.D. shall. be floodprnotetl in accordance with
1301.03: Applicability, Scope and
Chapter. If he finds a violation of the provisions
he notify the
(5) Railroads, streets, bridges, utility
transmission lines and pipelines.
of the hearing.
Subd. 2. Decisions: The Planning and Zon-
with the State Building Code. 2.
the Stale Building Code 2 or elevated to above
Interpretation
1301.04: Definitions
of this Chapter, shall person
responsible for such violation and order the ac-
(6) Storage yards for equipment, machinery
ing Commission shall consider the request at
meeting unless the filing date
Subd. 4. If any nonconforming use is dlscon-
tinued for twelve (12) consecutive months, any
-.111e regulatory flood protection elevation.
Subtl. 2 Public Transportation Facilities:
1301.05: Compliance with Provisions
tion necessary to correct it. (Ord. 506, 4-27-92)
,.. .en nF er111ICTMF1uT AND
or materials.
rn nthnr „ices similar in nature to uses
its next regular
, _..,,,;,Con fifteen f15) Contact said meeting, in
future use of the building premises shall con-
49ailmad tracks, roads and bridges to be located