HomeMy WebLinkAbout2004-18 09-13 CCOCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 13 day of September, 2004, at 7:00
p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to
consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding Flood Plain
Management. Auxiliary aids for persons with disabilities are available upon request at least 96
hours in advance. Please contact the Deputy City Clerk at 763 -569 -3300 to make arrangements.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING FLOOD PLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is
hereby amended in the following manner:
Section 35 -7.110 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND
PURPOSE.
2. Findings of Fact
ORDINANCE NO. 2004 -18
c,. National Flood Insurance Program Compliance This Ordinance is adopted to
comply with the rules and regulations of the National Flood insurance Program
codified as 44 Code of Federal Regulations Parts 59 -7R, as amended so as to
maintain the community's eligibility in the National Flood insurance Program
Section 35 -717.0 GENERAL PROVISIONS.
2. Establishment of Official Zoning Map
The Official Zoning Map together with all materials attached thereto is hereby adopted
by reference and declared to be a part of this ordinance. The attached material shall
include the [Flood insurance Study for the City of Brooklyn Center prepared by the
Federal dery l insuranc Administration dated February 17, 1982, 2, and the }.:lox.>tl I:3oun l tr' ui l
Maps and Flood Insurance Rate Maps therein, all as t mended by the attached
Amendment ndment Mil, 1, prepared. by Barr 1=`nginetrina I Flood insurance Study, Volume 1 of
2 and Volume 7 of 7, Hennepin County, Minnesota, all jurisdictions and the Flood
Insurance Rate Map panels numbered 7.705300701 F. 7.705100204 F, 77051C07.OR F,
2705100209 F, 7705100212 F., and 27051007.16 F for the City of Brooklyn Center,
dated September 7, 7004 as developed by the Federal Fmergency Management Agency
The Official Zoning Map shall be on file in the Office of the City Clerk and the Zoning
Administrator.
ORDINANCE NO. 2004 -18
8. Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so
as to give this ordinance its most reasonable application.
Lowest Floor the lowest floor of the lowest enclosed area (including basement) An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building
access, or storage in an area other than a basement area, is not considered a building's
lowest floor
Manufactured Home a structure, transportable in one or more sections, which is hnilt
on a. permanent chassis and is desigped for use with or without a permanent
foundation when attached to the required utilities The term "manufactured home"
does not include the term "recreational vehicle
Recreational Vehicle a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the 1argpst horizontal projection, is designed to be self propelled
or permanently towable by a light duty truck, and is designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or
seasonal use For the purposes of this Ordinance, the term recreational vehicle shall he
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Substantial Damage means damage of any origjn sustained by a structure where the
cost of restoring the structure to its before damaged condition would equal or exceed 50
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,Substantial Tmprnvement within any consecutive 165 -day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition
or other improvement of a stnicture, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "state of constnnction" of the improvement_
This term includes structures, which have incurred "substantial clamor," regardless of
the actual repair work performed The term does not however, include either•
Any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary to
ORDINANCE NO. 2004 -18
h Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic stnuchrre For the
purpose of this Ordinance, "historic, structure" shall he as defined in Code of
Federal Regiilations, Part 59 1
Section 35 -7.130 ESTABLISHMENT OF ZONING DISTRICTS.
1. Districts
a. Floodway District
b. Flood Fringe District
2. Compliance
The Floodway District shall include those areas designated as floodway on the
[Flood Boundauy and Floodway -ay l ag Flood insurance Rate Map adopted in
Section 35- 2120.2.
The Flood Fringe District shall include those areas designated as floodway fringe on
the [Flood i B aund a and Hoa d ay Mani Flood Insurance Rate Map adopted in
Section 35 -2120 2 as being within Zone AR, Zone AO or Zone AH hut being
located outside of the floodway
c. General Flood Plain District
The General Flood Plain District shall include those areas designated as
[unnumbered r ci A Zone] Zone A or Zones AF, Zone AO, or Zone AH without a
floodway on the Flood Insurance Rate Map adopted in Section 35- 2120.2.
b. Modifications, additions, structural alterations, normal maintenance and repair,
or repair after damage to existing nonconforming structures and nonconforming
uses of structures or land are regulated by the general provisions of this
ordinance and specifically Section 35 -2200.
Section 35 7140 FLOODWAY DISTRICT (FW).
4. Standards for Floodway Special Uses
e. Accessory Structures
ORDINANCE NO. 2004 -18
3) Whenever possible, structures shall be constructed with the longitudinal axis
parallel to the direction of flood flow; and,
(c) Accessory structures shall be elevated on fill or structurally dry flood
proofed in accordance with the FP -1 or FP -2 flood proofing
classifications in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the FP -3 or FP -4 flood
proofing classification in the State Building Code provided the
accessory structure constitutes a minimal investment, does not exceed
500 square feet in size, and for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All
flood proofed accessory structures must meet the following additional
standards [as appropriate]:
(1) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
and
(2) Any mechanical and utility equipment in a structure must be
elevated to or above the Regulatory Flood Protection Elevation
or properly flood proofed.
i To allow for the equalization of hydrostatic pressure, there must he a
minimum of two "automatic" openings in the outside walls of the
stricture having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding There must he
openings on at least two sides of the structure and the bottom of all
openings must he no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage
for prior to flooding will not satisfy this requirement for automatic
openings.
Section 15 -7150 FLOOD FRINGE DISTRICT (FF).
4. Standards for Flood Fringe Special Uses:
ORDINANCE NO. 2004 -18
a. Alternative elevation methods other than the use of fill may be utilized to elevate
a structure's lowest floor above the Regulatory Flood Protection Elevation.
These alternative methods may include the use of stilts, pilings, parallel walls,
etc., or above grade, enclosed areas such as crawl spaces or tuck under garages.
The base or floor of an enclosed area shall be considered above -grade and not a
structure's basement or lowest floor if: 1) the enclosed area is above -grade on at
least one side of the structure; 2) is designed to internally flood and is
constructed with flood resistant materials; and 3) is used solely for parking of
vehicles, building access or storage. The above -noted alternative elevation
methods are subject to the following additional standards:
(1) Design and Certification The structure's design and as -built condition
must be certified by a registered professional engineer or architect as being
in compliance with the general design standards of the State Building Code
and, specifically, that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the
Regulatory Flood Protection Elevation or be designed to prevent flood
water from entering or accumulating within these components during times
of flooding.
(2) Specific Standards for Above Grade, Enclosed Areas Above grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed
to internally flood and the design plans must stipulate:
a) [1. A minimum area of "automatic" openings in the walls where
internal flooding is to be used as a flood proofing technique. [When
openings are placed in a structure's walls to providc for entry f* flood
waters to e italize l t ssttr .s There shall he a minimum of two
openings on at least two sides of the structure and the bottom of all
openings shall be no higher than one -foot above grade. The
automatic, openings shall have a minimum net area of not less than
one square inch for every square foot subject to flooding unless a
registered professional engineer nr architect certifies that a smaller net
area would suffice The automatic openings may be equipped with
screens, louvers, valves, or other coverings or devices provided that
they permit the automatic entry and exit of flood waters without any
form of human intervention; and
b) That the enclosed area will be designed of flood resistant materials in
accordance with the FP -3 or FP -4 classifications in the State Building
Code and shall be used solely for building access, parking of vehicles
or storage.
ORDINANCE NO. 2004 -18
5. Standards for All Flood Fringe Uses:
b. Commercial Uses accessory land uses, such as yards, railroad tracks, and
parking lots may be at elevations lower than the Regulatory Flood Protection
Elevation. However, a permit for such facilities to be used by the employees or
the general public shall not be granted in the absence of a flood warning system
that provides adequate time for evacuation if the area would be inundated to a
depth and velocity such that when multiplying the depth (in feet) times velocity
(in f e e t per second) the product number exceeds f o u r (4) greater f n tt`VO feet
car ETve subject to f oo d velocities °e zt r than four feet per second] upon
occurrence of the regional flood.
Section 35 -7.190 ADMINISTRATION.
2. Permit Requirements:
a. Permit Required. A Permit issued by the Zoning Administrator in conformity
with the provisions of this Ordinance shall be secured prior to the erection,
addition, modification, rehabilitation (including normal maintenance and
repair), or alteration of any building, structure, or portion thereof; prior to the
use or change of use of a building, structure, or land; prior to the construction of
prior to the change or extension of a
nonconforming use; prior to the repair of a structure that has been damaged by
flood, fire, tornado, or any other source; and prior to the placement of fill,
excavation of materials, or the storage of materials or equipment within the
flood plain.
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h Notifications for Watercourse Alternations The Zoning Administrator shall
notify, in riverine citations, adjacent communities and the Commissioner of
the Department of Natural Resources prior to the community authorizing any
alteration or relocation of a watercourse if the applicant has applied for a
permit to work in the beds of public waters pursuant to Minnesota Statute,
Chapter 1036, this shall suffice as adequate notice to the Commissioner of
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Chicago Regional Office of the Federal Emergency Agency (FEMA)
Notification to FEMA When Physical Changes increase or Decrease the 100
year Flood Elevation As soon as is practicable, not later than six (6) months
after the date such supporting information becomes available, the Zoning
Administrator shall notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of said technical or scientific data
ORDINANCE NO. 2004 -18
3. Board of Adjustment:
c. Variances. The Board may authorize upon appeal in specific cases such relief
or Variance from the terms of this Ordinance as are consistent with the
provisions of Section 35 -240 of the Zoning Ordinance. In the granting of such
Variance, the Board of Adjustment shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified in Section 35 -240
which justified the granting of the Variance. No Variance shall have the effect
of allowing in any district uses prohibited in that district, permit a lower
degree of flood protection than the Regulatory Flood Protection Elevation for
the particular area, or permit standards lower than those required by State law.
The following additional variance criteria of the Federal Fmergeney
Management Agency must he satisfied-
Variances shall not he issued by a community within any designated
regulatory floodway if any increase in flood levels during the base flood
discharge would result
(7) Variances shall only he issued by a community upon (i) a showing of good
and sufficient cause, (ii) a determination that failure to grant the variance
would result in exceptional hardship to the applicant, and (iii) a
determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, create nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances
(1) Variances shall only he issued Upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief
Section 35 -7700 NONCONFORMING USES IN THE FLOOD HAZARD ZONES.
1. A structure or the use of a structure or premises which was lawful before the passage
or amendment of this Ordinance but which is not in conformity with the provisions of
this Ordinance may be continued subject to the following conditions[°] Historic
structures, as defined in Section 35 -7170 8 of this Ordinance, shall he subject to the
provisions of Section 35 -7700, la-le
ORDINANCE NO. 2004 -18
b. Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage potential
of that structure or use shall be protected to the Regulatory Flood Protection
Elevation in accordance with any of the elevation on fill or flood- proofing
techniques (i.e., FP -1 thru FP -4 flood proofing classifications) allowable in the
State Building Code, except as further restricted in Subsection c below.
If any nonconforming use or structure is [destroyed by any mean incfttdiri
floods, to an extent of 50 percent or more of its market value at the time of
destruction] substantially damaged, as defined in Section 35 -2120 R of this
Ordinance, it shall not be reconstructed except in conformity with the provisions
of this Ordinance. The applicable provisions for establishing new uses or new
structures in Sections 35 -2140, 35- 2150, or 35 -2160 will apply depending upon
whether the use or structure is in the Floodway, Flood Fringe or General Flood
Plain District, respectively.
f if a substantial improvement occurs as defined in Section 35 -2120 R of this
Ordinance, from any combination of a building addition to the outside
dimensions of the existing building or a rehabilitation, reconstniction, alteration,
or other improvement to the inside dimensions of an existing nonconforming
building, then the building addition (as required by Section 35 -2200 1(h) above)
arid the existing nonconforming building must meet the requirements of Section
35 -2140 or 15-2150 of this Ordinance for new stnictures, depending upon
whether the structure is in the Floodway or Flood Fringe District, respectively
Section 35 -2220 AMENDMENTS. The flood plain designation on the Official 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 [reek n tl flood] regulatory
flood protection elevation 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.
Section 2. This ordinance shall become effective after adoption and upon thirty
days following its legal publication.
Adopted this day of September, 2004.
ATTEST.
City Clerk
Date of Publication: September 23, 2004
(Brackets indicate matter to be deleted, underline indicates new matter.)
Effective Date: October 23, 2004