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HomeMy WebLinkAbout1991-03 03-25 CCO f CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 25th day of March 1991, at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider a new Flood Plain Management Ordinance. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please contact the Personnel Coordinator at 561 -5440 to make arrangements. ORDINANCE NO. 91 -03 AN ORDINANCE AMENDING CHAPTER 35 BY REPEALING ORDINANCE NO. 82 -1 (FLOOD PLAIN MANAGEMENT) AND ADOPTING A NEW FLOOD PLAIN MANAGEMENT ORDINANCE CONSISTENT WITH STATE AND FEDERAL REGULATIONS The City Council of the City of Brooklyn Center does ordain as follows: Section 1. Section 35 -2100 through Section 35 -2190 inclusive of the Brooklyn Center Zoning Ordinance are hereby repealed. Section 2. Chapter 35 of the Brooklyn Center Ordinances is hereby amended in the following manner: Section 35 -900. DEFINITIONS. Accessory Use or Structure a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Basement means anv area of a structure, includina crawl spaces. having its floor or base subarade (below around level) on all four sides, reaardless of the death of excavation below around level. [Flood a temporary increase in the flow or stage of a stream or in the stage of a stream or in the stage of wetland or lake that results in the inundation of normally dry areas. Flood Frequency the frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood Fringe that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Brooklyn Center. -1- Ordinance No. 91-03 0 Flood Plain the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. Flood- Proofing a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or ddlimination of flood damages. Floodway the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.] [Obstruction any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulator 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 water.] [Reach a hydraulic engineering term used to described a longitudinal segment of a stream or river influenced by a natural or man -made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. [Regional Flood a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study.} Special Use means a specific tvpe of structure or land use listed in the Zonina Ordinance that may be allowed. but onlv after an in -deuth review procedure and with appropriate conditions or restrictions as provided in the official zonina controls or buildina codes and upon a finding_ that: (1) certain standards as detailed in the Zoning Ordinance are. or will be met and (2) the structure and /or land use are compatible with the existina neiahborhood. Structure anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured [mobile] homes, and other similar items. -2- Ordinance No. 91 -03 Variance means a modification of a specific permitted development standard reauired in an official control. includina this ordinance, to allow an alternative development standard not stated as acceptable in the official control. but onlv as aDDlied to a particular DroDerty for the Durpose of alleviatina a hardship, or uniaue circumstance as defined in Section 35 -240. Section 35 -2100. FLOOD PLAIN MANAGEMENT. Section 35 -2110. STATUTORY AUTHORIZATION. FINDINGS OF FACT AND PURPOSE. 1. Statutory Authorization The Leaislature of the State of Minnesota has. in Minnesota Statutes Chapter 103F and Chapter 368.01. deleaated the resDonsibility to local aovernmental units to adopt reaulations desianed to minimize flood losses. Therefore. the Citv Council of the Citv of Brooklvn Center. Minnesota does ordain as follows: 2. Findinas of Fact a. The flood hazard areas of the Citv of Brooklvn Center. Minnesota. are subject to Deriodic inundation which results in Dotential loss of life, loss of is DroDerty. health and safetv hazards, disruption of commerce and aovernmental services, extraordinary Dublic expenditures for flood Drotection and relief, and impairment of the tax base. all of which adverselv affect the Dublic health, safetv, and aeneral welfare. b. Methods of Use to Analvze Flood Hazards. This ordinance is based upon a reasonable method of analvzina flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 3. Statement of Purpose It is the purpose of this ordinance to Dromote the Dublic health. safety. and aeneral welfare and to minimize those losses described in Section 35- 2110.2a by Drovisions contained herein. Section 35 -2120. GENERAL PROVISIONS. 1. Lands to which Ordinance ADDlies -3- Ordinance No. 91 -03 This ordinance shall annly_ to all lands within the iurisdiction of the Citv of Brooklvn Center shown on the Official Zonina Man and /or the attachments thereto as beina located within the boundaries of the Floodwav, Flood Frinae, or General Flood Plain Districts. 2. Establishment of Official Zonina Map The Official Zonina Man toaether with all materials attached thereto is herebv adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Studv for the Citv of Brooklvn Center prepared by the Federal Insurance Administration dated Auaust 17. 1981, and the Flood Boundary and Floodwav Maps and Flood Insurance Rate Maus therein, all as amended by the attached Amendment No. 1. prepared by Barr Enaineerina. The Official Zonina Map shall be on file in the Office of the Citv Clerk and the Zonina Administrator. 3, Reaulatory Flood Protection Elevation The Reaulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the reaional flood plus anv increases in flood elevation caused by encroachments on the flood plain that result from desianation of a floodway. 4. Interpretation a. In their interpretation and aDDlication, the Drovisions of this ordinance shall be held to be minimum reauirements and shall be liberallv construed in favor of the Citv and shall not be deemed a limitation or repeal of anv other Dowers aranted by State Statutes. b. The boundaries of the zonina districts shall be determined by scalina distances on the Official Zonina MaD. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zonina Map. as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal aDDeal of the decision of the Zonina Administrator. the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevation on the reaional (100 vear) flood Drofile and other available technical data. Persons -4- Ordinance No. 91 -03 contestina the location of the district boundaries shall be aiven a reasonable ooportunity to present their case to the Board of Ad and to submit technical evidence. 5. Abroaation and Greater Restrictions It is not intended by this ordinance to reveal, abroaate,, or impair anv existina easements. covenants, or deed restrictions. However. where this ordinance imposes areater restrictions. the Drovisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby rev_ ealed to the extent of the inconsistencv onlv. 6. Warnina and Disclaimer of Liabilitv This ordinance does not imply that areas outside the flood Dlain districts or land uses Dermitted within such districts will be free from floodina or flood damages. This ordinance shall not create liabilitv on the Dart of the Citv of Brooklvn Center or anv officer or emDlovee thereof for anv flood damaaes that result from reliance on this ordinance or anv_ administrative decision lawfullv made thereunder. 7. Severabilitv If anv section. clause. provision. or portion of this ordinance is adludaed unconstitutional or invalid by a court of competent jurisdiction. the remainder of this ordinance shall not be affected therebv. 8. Definitions Unless specifically defined below. words or Dhrases used in this ordinance shall be interpreted so as to aive them the same meanina as thev have in common usaae and so as to aive this ordinance its most reasonable aDDlication. Eaual Dearee of Encroachment a method of determinina the location of floodwav boundaries so that flood plain lands on both sides of a stream are capable of convevina a DroDortionate share of flood flows. Flood a temporary increase in the flow or staae of a stream or in the staae of a wetland or lake that results in the inundation of normallv dry areas. -5- Ordinance No. 91 -03 Flood Freauencv the freauencv for which it is expected that a specific flood staae or discharae may be eaualled or exceeded. Flood Frinae that portion of the flood plain outside of the floodway. Flood frinae is svnonvmous with the term "floodwav frinae" used in the Flood Insurance Studv for the Citv of Brooklvn Center. Flood Plain the beds Droner and the areas adioinina a wetland, lake or watercourse which have been or hereafter may be covered by the reaional flood. Flood Proofina a combination of structural Drovisions, chanaes. or adjustments to Dronerties and structures subiect to floodina. Drimarilv for the reduction or elimination of flood damaaes. Floodwav the bed of a wetland or lake and the channel of a watercourse and those Dortions of the adioinina flood Dlain which are reasonablv reauired to carry_ or store the reaional flood discharae. Obstruction anv dam. wall wharf. embankment. levee, dike, pile, abutment. Droiection, excavation. channel modification, culvert, building, wire, fence. stockpile, refuse, fill, structure, or matter in. alona. across, or Droiectina into anv channel, watercourse. or reaulatory flood Dlain which may impede, retard, or chanae the direction of the flow of water. either in itself or by catchina or collectina debris carried by such water. Reach a hvdraulic enaineerina term to describe a lonaitudinal seament of a stream or river influenced by a natural or man -made obstruction. In an urban area. the seament of a stream or river between two consecutive bridae crossinas would most tvpically constitute a reach. Reaional Flood a flood which is representative of larae floods known to have occurred aenerallv in Minnesota and reasonablv characteristic of what can be expected to occur on an averaae freauencv in the maanitude of the 100 -vear recurrence interval. Reaional flood is svnonvmous with the term "base flood" used in the Flood Insurance Studv. Reaulatory Flood Protection Elevation The Reaulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the reaional flood plus anv increases in flood elevation caused by encroachments on the flood plain that result from desianation of a floodway. -6- Ordinance No. 91 -03 Section 35 -2130. ESTABLISHMENT OF ZONING DISTRICTS 1. Districts a. Floodwav District The Floodwav District shall include those areas desianated as f loodwav on the Flood Boundary and Floodwav Map adopted in Section 35- 2120.2. b. Flood Frinae District The Flood Frinae District shall include those areas desianated as floodwav frinae on the Flood Boundary and Floodwav Map adopted in Section 35- 2120.2 c. General Flood Plain District The General Flood Plain District shall include those areas desianated as unnumbered A Zones on the Flood Insurance Rate Map adopted in Section 35- 2120.2. 2. Compliance No new structure or land shall hereafter be used and no structure shall be located. extended. converted. or structuallv altered without full compliance with the terms of this ordinance and other applicable reaulations which apply to uses within the jurisdiction of this ordinance. Within the Floodway. Flood Frinae and General Flood Plain Districts. all uses not listed as Dermitted uses or special uses in Sections 35 -2140. 2150. and 2160 that follow. respectively. shall be Drohibited. In addition. a caution is Drovided here that: a. New manufactured homes and replacement manufactured homes are sublect to the aeneral mrovisions of this ordinance. b. Modifications,. additions. structural alterations or repair after damaae to existina nonconformina structures and nonconformina uses of structures or land are reaulated by the aeneral mrovisions of this ordinance and sDecifically Section 35 -2200. c. As -built elevations for elevated or flood proofed structures must be certified by around survevs and flood Droofina techniaues must be desianed and certified by a reaistered Drofessional enaineer or architect as specified in the aeneral mrovisions of this ordinance and -7- Ordinance No. 91 -03 sbecifically as stated in Section 35 -2190 of this ordinance. Section 35 -2140. FLOODWAY DISTRICT (FW). 1. Permitted Uses a. General farmina, pasture. grazing, outdoor plant nurseries. horticulture. truck farmina, forestry, sod farmina, and wild crop harvestina. b. Industrial Commercial loadina areas, oarkina areas, and airport landina strips. c. Private and public aolf courses. tennis courts„ drivina ranaes. archery ranges, picnic arounds. boat launchina ramps, swimmina areas. parks. wildlife and nature preserves. aame farms. fish hatcheries, shootina preserves. taraet ranaes. trap and skeet ranaes, huntina and fishina areas. and single or multiple purpose recreational trails. d. Residential lawns. aardens. parking areas. and plav areas. 2. Standards for Floodwav Permitted Uses a. The use shall have a low flood damaae potential. b. The use shall be permissible in the underlvina zoning district if one exists. c. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions. excavations or storaae of materials or eauipment. 3. Special Uses a. Structures accessory to the uses listed in Section 35- 2140.1 above and the uses listed in subsection b through a below. b. Extraction and storaae of sand. aravel. and other materials. c. Marinas, boat rentals. docks. piers, wharves. and water control structures. d. Railroads, streets. bridges, utilitv transmission lines. and pipelines. -8- Ordinance No. 91 -03 e. Storaae vards for eauiument. machinerv. or materials. f. Placement of fill. g_ Structural works for flood control such as levees. dikes and floodwalls constructed to anv height where the intent is to urotect individual structures and levees or dikes where the intent is to urotect aaricultural crows for a freauencv flood event eaual to or less than the 10 -vear freauencv flood event. 4. Standards for Floodwav Special Uses a. All Uses. No structure (temuorary or permanent). fill (includina fill for roads and levees). deposit. obstruction. storaae of materials. or eauipment. or other uses may be allowed as a Suecial Use that will cause anv increase in the staae of the 100 -vear or reaional flood or cause an increase in flood damaaes in the reach or reaches affected. b. All floodwav Suecial Uses shall be subiect to the urocedures and standards contained in Section 2190.4 of this ordinance. c. The special use shall be permissible in the underlvina zonina district of one exists. d. Fill 1. Fill. dredae spoil and all other similar materials deposited or stored in the flood Blain shall be protected from erosion by veaetative cover. mulchina. riprap or other acceptable method. 2. Dredae spoil sites and sand and aravel operations shall not be allowed in floodwav unless a lona -term site development Ulan is submitted which includes an erosion /sedimentation prevention element to the plan. 3. As an alternative. and consistent with Subsection 2 immediately above. dredge spoil disposal and sand and aravel operations may allow temuorarv. on -site storaae of fill or other materials which would have caused an increase to the staae of the 100 -vear or regional flood but onlv after the Citv has received an appropriate plan which assures the removal of the materials from the floodwav based upon the flood warnina time available. The Suecial Use Permit must -9- Ordinance No. 91 -03 be title reaistered with the property in the Office of the Countv Recorder. e. Accessory Structures 1. Accessory structures shall not be desianed for human habitation. 2. Accessory structures. if permitted. shall be constructed and placed on the buildina site so as to offer the minimum obstruction to the flow of flood waters. a. Whenever possible. structures shall be constructed with the lonaitudinal axis parallel to the direction of flood flow. and, b. So far as practicable. structures shall be placed approximately on the same flood flow lines as those of adioinina structures. C. Accessory structures shall be elevated on fill or structurallv dry flood proofed in accordance with the FP -1 or FP -2 flood proofina classifications in the State Buildina Code. As an alternative, an accessory structure may be flood proofed to the FP -3 or FP -4 flood proofina classification in the State Buildina Code provided the accessory structure constitutes a minimal investment, does not exceed 500 sauare feet in size, and for a detached aaraae, the detached aaraae must be used solelv for parkina of vehicles and limited storaae. All flood proofed accessory structures must meet the following additional standards, as appropriate: 1. The structure must be adeauatelv anchored to prevent flotation. collapse or lateral movement of the structure and shall be desianed to eaualize hvdrostatic flood forces on exterior walls: and 2. Anv mechanical and utilitv eauipment in a structure must be elevated to or above the Reaulatory Flood Protection Elevation or properly flood proofed. f. Storaae of Materials and Eauipment -10- Ordinance No. 91 -03 1. The storaae or processina of materials that are, in time of floodina. flammable, explosive, or potentially incurious to human. animal. or plant life is prohibited. 2. Storaae of other materials or eauipment may be allowed if readilv removable from the area within the time available after a flood warnina and in accordance with a elan approved by the Citv of Brooklvn Center. q_ Structural Works for Flood Control that will chanae the course, current or cross section of protected wetlands or public waters shall be subiect to the provisions of Minnesota Statute. Chanter 105. Communitv -wide structural works for flood control intended to remove areas from the reaulatory flood plain shall not be allowed in the floodway. h. A levee, dike or floodwall constructed in the floodwav shall not cause an increase to the 100 -vear or reaional flood and the technical analvsis must assume eaual convevance or storaae loss on both sides of a stream. SECTION 35 -2150: FLOOD FRINGE DISTRICT (FF)- 1. Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted Uses in the underlvina zonina use district(s). If no pre existina. underlvina zonina use districts exist. then anv residential or non residential structure or use of a structure or land shall be a Permitted Use in the Flood Frinae provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Frinae "Permitted Uses" listed in Section 35- 2150.2 and the standards for all Flood Frinae "Permitted and Special Uses" listed in Section 35- 2150.5. 2. Standards for Flood Frinae Permitted Uses: a. All structures. includina accessory structures, must be elevated on fill so that the lowest floor includina basement floor is at or above the Reaulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Reaulatory Flood Protection Elevation and the fill shall extend at such elevation at least fifteen (15 feet bevond the outside limits of the structure erected thereon. -11- Ordinance No. 91 -03 b. As an alternative to elevation on fill. accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at around level may be internallv flood proofed in accordance with Section 2140.4e2.c). c. The cumulative placement of fill where at anv one time in excess of one thousand (1.000) cubic vards of fill is located on the parcel shall be allowable onlv as a Special Use, unless said fill is specifically intended to elevate a structure in accordance with Section 35- 2150.2a.. d. The storaae of anv materials or eauipment shall be elevated on fill to the Reaulatory Flood Protection Elevation. e. The provisions of Section 35- 2150.5 of this Ordinance shall aDDly. 3. Special Uses: Anv structure that is not elevated on fill or flood proofed in accordance with Section 35 -2150 2a -b or anv use of land that does not comply with the standards in Section 35- 2150.2c -d shall onlv be allowable as a Special Use. An application for a Special Use Permit shall be subiect to the standards and criteria and evaluation procedures specified in Sections 35- 2150.4. 35- 2150.5 and 35- 2190.4 of this Ordinance. 4. Standards for Flood Frinae Special Uses: a. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Reaulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings. Darallel walls. etc.. or above arade. enclosed areas such as crawl spaces or tuck under aaraaes. The base or floor of an enclosed area shall be considered above -arade and not a structure's basement or lowest floor if: 1) the enclosed area is above -arade on at least one side of the structure: 2) is desianed to internallv flood and is constructed with flood resistant materials: and 3) is used solelv for Darkina of vehicles. buildina access or storaae. The aboved -noted alternative elevation methods are subject to the followina additional standards: (1) Des ian and Certification The structure's desian and as -built condition must be certified by a reaistered Drofessional enaineer or architect as beina in compliance with the aeneral desian standards of the State Buildina Code and, specifically. that all -12- Ordinance No. 91 -03 electrical. heatina. ventilation. plumbina and air conditionina eauinment and other service facilities must be at or above the Reaulatory Flood Protection Elevation or be desianed to prevent flood water from enterina or accumulatina within these components durina times of floodina. Specific Standards for Above arade. Enclosed Areas Above- arade. fully enclosed areas such as crawl spaces or tuck under aaraaes must be desianed to internallv flood and the desian plans must stipulate: Sal The minimum area of openinas in the walls where internal f loodina is to be used as a flood proof ina techniaue. When openinas are placed in a structure's walls to provide for entry of flood waters to eaualize pressures, the bottom of all openinas shall be no hiaher than one -foot above arade. Obeninas may be eauiDned with screens, louvers, valves. or other coverinas or devices provided that thev permit the automatic entry and exit of flood waters. J b_ That the enclosed area will be desianed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Buildina Code and shall be used solely for buildina access. parkina of vehicles or storaae. b. Basements. as defined by Section 35 -900 of this Ordinance, shall be subject to the followina: Ill Residential basement construction shall not be allowed below the Reaulatory Flood Protection Elevation. (2) Non residential basements mav_ be allowed below the Reaulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with Section 35- 2150.4c of this Ordinance. c. All areas of non residential structures includina basements to be placed below the Reaulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofina classifications in the State Buildina Code. Structurally dry flood proof ina must meet the FP -1 or FP -2 flood proofina classification in the State Buildina Code and this shall reauire makina the structure watertiaht with the walls substantially impermeable to the passaae of water and with structural components havina the capability of resisting hydrostatic and hydrodynamic loads and the effects of -13- Ordinance No. 91 -03 buovancv. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. d. When at anv one time more than 1.000 cubic vards of fill or other similar material is located on a parcel for such activities as on -site storaae. landscapina. sand and aravel operations. landfills. roads. dredae spoil disposal or construction of flood control works. an erosion/ sedimentation control plan must be submitted. The plan must clearlv specifv methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -vear or reaional flood event. The plan must be prepared and certified by a registered professional enaineer. The plan may incorporate alternative procedures for removal of the material from the flood plain if adeauate flood warnina time exists. e. Storaae of Materials and Eauiument: 1. The storaae or processina of materials that are. in time of floodina, flammable. explosive, or potentially injurious to human. animal. or plant life is prohibited. 2. Storaae of other materials or eauipment may be allowed if readilv removable from the area within the time available after a flood warnina and in accordance with a plan approved by the Citv of Brooklvn Center. f. The provisions of Section 35- 2150.5 of this Ordinance shall also apply. 5. Standards for All Flood Frinae Uses: a. All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the Reaulatory Flood Protection Elevation. If a variance to this reauirement is aranted. the Board of Adiustment must specifv limitations on the period of use or occupancv of the structure for times of floodina and onlv after determinina that adequate flood warnina time and local flood emeraencv response procedures exist. b. Commercial Uses accessory land uses. such as vards. railroad tracks. and parkina lots may be at elevations lower than the Reaulatory Flood Protection Elevation. However. a permit for such facilities to be used by the employees or the general public shall not be aranted in the absence of a flood warnina system that provides adeauate time for evacuation if the area would be -14- Ordinance No. 91 -03 inundated to a death areater than two feet or be subiect to flood velocities areater than four feet Der second upon occurrence of the reaional flood. C. Manufacturina and Industrial Uses measures shall be taken to minimize interference with normal Dlant operations especially alona streams havina protracted flood durations. Certain accessory land uses such as vards and Darkina lots may be at lower elevations subiect to reauirements set out in Section 35- 2150.5b above. In considerina Dermit aDDlications. due consideration shall be aiven to needs of an industry whose business reauires that it be located in flood Dlain areas. d. Fill shall be DroDerly compacted and the slopes shall be DroDerly protected by the use of ripraD. 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 -year flood elevation FEMAIs reauirements incorporate specific fill compaction and side slope protection standards for multi- structure or multi -lot developments. These standards should be investiaated Drior to the initiation of site Dreparation if a chanae of special flood hazard area desianation will be reauested. e. Flood Dlain developments shall not adverselv affect the hvdraulic capacity of the channel and adioinina flood Dlain of anv tributary watercourse or drainaae system where a floodwav or other encroachment limit has not been specified on the Official Zonina MaD. f. All manufactured homes must be securelv anchored to an adeauatelv anchored foundation system that resists flotation. collapse and lateral movement. Methods of anchorina may include. but are not to be limited to. use of over the -tor) or frame ties to around anchors. This reauirement is in addition to applicable state or local anchorina reauirements for resistina wind forces. SECTION 35 -2160 GENERAL FLOOD PLAIN DISTRICT 1. Permissible Uses: a. The uses listed in Section 35- 2140.1 of this Ordinance shall be Dermitted uses. b. All other uses shall be subi ect to the f loodwav /flood frinae evaluation criteria Dursuant to Section 35- i -15- Ordinance No. 91 -03 2160.2 below. Section 35 -2140 shall apply if the proposed use is in the Floodwav District and Section 35 -2150 shall apply if the proposed use is in the Flood Frinae District. 2. Procedures for Floodwav and Flood Frinae Determinations Within the General Flood Plain District. a. U o lication for a Special Use n n receipt of an abb Permit for a use within the General Flood Plain District, the applicant shall be reauired to furnish such of the followina information as is deemed necessary by the Zonina Administrator for the determination of the Reaulatory Flood Protection Elevation and whether the proposed use is within the Floodwav or Flood Frinae District. 1. A tvpical vallev cross section showina the channel of the stream. elevation of land areas adioinina each side of the channel, cross sectional areas to be occupied by the proposed development. and hiah water information. 2. Plan (surface view) showina elevations or contours of the around; pertinent structure. fill, or storaae elevations; size, location, and spatial arranaement of all proposed and existina structures on the site; location and elevations of streets; photoaraphs showina existing land uses and veaetation upstream and downstream; and soil tvpe. 3. Profile showina the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. b. The applicant shall be responsible to submit one coDv of the above information to a desianated enaineer or other expert person or aaencv for technical assistance in determinina whether the proposed use is in the Floodwav or Flood Frinae District and to determine the Reaulatory Flood Protection Elevation. Procedures consistent with Minnesota Reaulations 1983. Parts 6120.5000 6120.6200 shall be followed in this expert evaluation. The desianated enaineer or expert is stronalv encouraged to discuss the proposed technical evaluation methodoloav with the respective Department of Natural Resources' Area -16- Ordinance No. 91 -03 Hvdroloaist prior to commencina the analvsis. The desianated enaineer or expert shall: 1. Estimate the peak discharae of the reaional flood. 2. Calculate the water surface Drofile of the reaional flood based upon a hvdraulic analvsis of the stream channel and overbank areas. 3. Compute the floodwav necessary to convev or store the reaional flood without increasina flood staaes more than 0.5 foot. A lesser staae increase than .5' shall be reauired if, as a result of the additional staae increase. increased flood damaaes would result. An eaual dearee of encroachment on both sides of the stream within the reach shall be assumed in computina floodwav boundaries. c. The Zonina Administrator shall present the technical evaluation and findinas of the desianated enaineer or exbert to the Citv Council. The Citv Council must formallv accept the technical evaluation and the recommended Floodwav and /or Flood Frinae District boundary or denv the hermit application. The Citv Council, Drior to official action. may submit the application and all sunnortina data and analyses to the Federal Emeraencv Manaaement Aaencv. the Department of Natural Resources or the Plannina Commission for review and comment. Once the Floodwav and Flood Frinae Boundaries have been determined. the Citv Council shall refer the matter back to the Zonina Administrator who shall process the hermit application consistent with the applicable Drovisions of Section 35 -2140 and 2150 of this Ordinance. I -17- Ordinance No. 91 -03 SECTION 35 -2170 SUBDIVISIONS 1. Review Criteria: No land shall be subdivided which is unsuitable for the reason of floodina. inadeauate drainage, water supply or sewaae treatment facilities. All lots within the flood Blain districts shall contain a buildina site at or above the Reaulatory Flood Protection Elevation. All subdivisions shall have water and sewaae treatment facilities that comely with the provisions of this Ordinance and have road access both to the subdivision and to the individual buildina sites no lower than two feet below the Reaulatory Flood Protection Elevation. For all subdivisions in the flood Blain. the Floodwav and Flood Frinae boundaries, the Reaulatory Flood Protection Elevation and the reauired elevation of all access roads shall be clearlv labelled on all Dreliminary plat drawinas. 2. Floodwav /Flood Frinae Determinations in the General Flood Plain District: In the General Flood Plain District. applicants shall provide the information reauired in Section 35- 2160.2 of this Ordinance to determine the 100 -vear flood elevation, the Floodwav and Flood Frinae District boundaries and the Reaulatory Flood Protection Elevation for the subdivision site. 3. Removal of Special Flood Hazard Area Desianation: The Federal Emeraencv Manaaement Aaencv (FEMA) has established criteria for removina the special flood hazard area desianation for certain structures Drouerly elevated on fill above the 100 -vear flood elevation. FEMA's reauirements incorporate specific fill compaction and side slope Drotection standards for multi- structure or multi -lot developments. These standards should be investiaated Drior to the initiation of site DreDaration if a chanae of special flood hazard area desianation will be reauested. SECTION 35 -2180 PUBLIC UTILITIES. RAILROADS. ROADS. AND BRIDGES 1. Public Utilities. All public utilities and facilities such as aas, electrical, sewer. and water suDDly systems to be located in the flood Dlain shall be flood- Droofed in accordance with the State Buildina Code or elevated to above the Reaulatory Flood Protection Elevation. 2. Public Transportation Facilities. Railroad tracks, roads, and bridaes to be located within the flood plain shall comply with Sections 35 -2140 and 35 -2150 of this Ordinance. Elevation to the Reaulatory Flood Protection Elevation shall be Drovided where failure or interruption of these transportation facilities would result in danaer to the Dublic health or I -18- 1 Ordinance No. 91 -03 safety or where such facilities are essential to the orderlv functionina of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endan aer the public health or safety. 3. On -site Sewaae Treatment and Water Suunly Systems: Where public utilities are not provided: 1) On -site water supply systems must be desianed to minimize or eliminate infiltration of flood waters into the systems: and 2) New or replacement on -site sewaae treatment systems must be desianed to minimize or eliminate infiltration of flood waters into the systems and discharaes from the systems into flood waters and thev shall not be subiect to impairment or contamination durina times of floodina. Anv sewaae treatment system desianed in accordance with the State's current statewide standards for on -site sewaae treatment systems shall be determined to be in compliance with this Section. SECTION 35 -2181 MANUFACTURED HOMES. Manufactured homes shall conform to the definition contained in Section 35 -900 of this ordinance and shall also be subiect to the Drovisions of Section 35 -530 reaardina buildinas in the R1 and R2 districts. For the ournoses of flood plain reaulation. manufactured homes shall be subiect to the same restrictions as site built homes. SECTION 35 -2190 ADMINISTRATION 1. Zonina Administrator: A Zonina Administrator desianated by the City Manaaer shall administer and enforce this Ordinance. If the Zonina Administrator finds a violation of the provisions of this Ordinance the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 35 -2210 of the Ordinance. 2. Permit Reauirements: a. Permit Reauired. A Permit issued by the Zoninq Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erection, addition. or alteration of anv_ buildina, structure, or portion thereof: prior to the use or chanae of use of a buildina. structure, or land: prior to the chance or extension of a nonconformina use: and prior to the placement of fill, excavation of materials, or the storaae of materials or eauiument within the flood Main. -19- i Ordinance No. 91 -03 b. Application for Permit. Application for a Permit shall be made in duplicate to the Zonina Administrator on forms furnished by the Zonina Administrator and shall include the followina where applicable: plans in duplicate drawn to scale. showina the nature. location. dimensions, and elevations of the lot: existing or proposed structures. fill, or storaae of materials: and the location of the foreaoina in relation to the stream channel. C. State and Federal Permits. Prior to arantina a Permit or processina an application for a Special Use Permit or Variance, the Zonina Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. d. Certificate of Zonina Compliance for a New, Altered, or Nonconformina Use. It shall be unlawful to use, occupv, or permit the use or occupancv of anv building or premises or part thereof hereafter created, erected, chanaed. converted, altered, or enlaraed in its use or structure until a Certificate of Zonina Compliance shall have been issued by the Zonina Administrator statina that the use of the building or land conforms to the reauirements of this Ordinance. e. Construction and Use to be as Provided on Applications, Plans. Permits. Variances and Certificates of Zonina Compliance. Permits. Special Use Permits. or Certificates of Zonina Compliance issued on the basis of approved plans and applications authorize onlv the use, arranaement. and construction set forth in such approved plans and applications, and no other use, arranaement, or construction. Anv use. arranaement, or construction at variance with that authorized shall be deemed a violation of this Ordinance. and punishable as provided by Section 35 -2210 of this Ordinance. f. Certification. The applicant shall be reauired to submit certification by a reaistered professional enaineer, reaistered architect. or reaistered land survevor that the finished fill and buildina elevations were accomplished in compliance with the provisions of this ordinance. Flood proofing measures shall be certified by a reaistered professional enaineer or reaistered architect. g_ Record of First Floor Elevation. The Zonina Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existina -20- Ordinance No. 91 -03 structures in the flood plain. The Zonina Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed. 3. Board of Adiustment: a. Rules. The Board of Adiustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law. b. Administrative Review. The Board shall hear and decide appeals where it is alleaed there is error in anv order. reauirement. decision. or determination made by an administrative official in the enforcement or administration of this Ordinance. 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 Zonina Ordinance. In the arantina of such variance. the Board of Adiustment shall clearlv identifv in writina the specific conditions that existed consistent with the criteria specified in Section 35 -240 which justified the arantina of the variance. No Variance shall have the effect of allowina in anv district uses prohibited in that district. permit a lower dearee of flood protection than the Reaulatory Flood Protection Elevation for the particular area. or permit standards lower than those reauired by State law. d. Hearinas. Upon filina with the Board of Adiustment of an appeal from a decision of the Zonina Administrator. or an application for a variance. the Board shall fix a reasonable time for a hearina and aive due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearina. e. Decisions. The Board shall arrive at a decision on such appeal or Variance within 48 days of referral to the Board. In Dassina upon an appeal. the Board may. so lonq as such action is in conformitv with the provisions of this Ordinance. reverse or affirm. whollv or in Dart. or modifv the order. requirement. decision or determination of the Zonina Administrator or other Dublic official. It shall make its decision in writina settina forth the findinas of fact and the reasons for its decisions. In is -21- Ordinance No. 91 -03 arantina a Variance, the Board may prescribe appropriate conditions and safeauards such as those specified in Section 35- 2190.4, which are in conformitv with the nurnoses of this Ordinance. Violations of such conditions and safeauards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 35- 2220. A copv of all decisions arantina Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. f. Appeals. Anneals from anv decision of the Board may be made, and as specified in this Community's Official Controls and also Minnesota Statutes. g Flood Insurance Notice and Record Keepina. The Zonina Administrator shall notifv the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance uD to amounts as hiah as S25 for 5100 of insurance coveraae and 2) Such construction below the 100 -vear or reaional flood level increases risks to life and uroperty. Such notification shall be maintained with a record of all variance actions. A communitv shall maintain a record of all variance actions, includina justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Proaram. 4. Special Uses. The Citv Council shall hear and decide annlications for Special Uses Dermissible under this ordinance. ADnlications shall be submitted to the Director of Plannina and Inspections who shall forward the aDDlication to the Plannina Commission for consideration. a. Hearinas. Upon filina with the Plannina Inspection DeDt. an aDnlication for a Seecial Use Permit, the Dir. of Plannina &InsD. shall submit by mail to the Commissioner of Natural Resources a coDV of the aDDlication for DroDosed Seecial Use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearina. b. Decisions. The Citv Council shall arrive at a decision on a Special Use within 48 days of a recommendation by the Plannina Commission. In arantina a Special Use Permit the Citv Council shall Drescribe aDDroDriate conditions and I -22- Ordinance No. 91 -03 safeauards. in addition to those specified in Section 35- 2190.4f, which are in conformitv with the Durposes of this Ordinance. Violations of such conditions and safeauards, when made a part of the terms under which the Special Use Permit is aranted. shall be deemed a violation of this Ordinance punishable under Section 35 -2210. A coov of all decisions arantina Special Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. C. Procedures to be followed by the Citv Council in Passina on Special Use Permit Aoulications Within all Flood Plain Districts. Reauire the aDDlicant to furnish such of the followina information and additional information as deemed necessary by the Citv Council for determinina the suitability of the particular site for the nronosed use. _Lal Five Sets of Plans drawn to scale showina the nature, location. dimensions, and elevation of the lot, existina or Droposed structures. fill, storaae of materials, flood Droofina measures, and the relationship of the above to the location of the stream channel. jbl Specifications for buildina construction and materials, flood Droofina, filling, dredaina, aradina, channel improvement, storaae of materials, water suDDly and sanitary facilities. X21 Transmit one copv of the information described in subsection 11 to a desianated enaineer or other exDert person or aaencv for technical assistance, where necessarv, in evaluatina the proposed Droiect in relation to flood heiahts and velocities, the seriousness of flood damaae to the use. the adeauacv of the olans for Drotection. and other technical matters. Based upon the technical evaluation of the desianated enaineer or exDert, the Citv Council shall determine the specific flood hazard at the site and evaluate the suitabilitv of the DroDosed use in relation to the flood hazard. -23- Ordinance No. 91 -03 d. Factors Upon Which the Decision of the Citv Council Shall Be Based. In Dassina upon Special Use Permit applications, the Citv Council shall consider all relevant factors specified in other sections of this Ordinance. and: _L11 The danaer to life and property due to increased flood heiahts or velocities caused by encroachments. S 2 Z The danaer that materials may be swept onto other lands or downstream to the inlury of others or thev may block bridaes. culverts or other hvdraulic structures. The proposed water supply and sanitation systems and the abilitv of these systems to prevent disease. contamination. and unsanitary conditions. (4) The susceptibility of the proposed facilitv and its contents to flood damaae and the effect of such damaae on the individual owner. The importance of the services provided by the proposed facilitv to the communitv. 6 The reauirements of the facilitv for a waterfront location. The availabilitv of alternative locations not subiect to floodina for the proposed use. (8) The compatibility of the proposed use with existina development and development anticipated in the foreseeable future. 9 The relationship of the proposed use to the comprehensive plan and flood plain manaaement proaram for the area. 1101 The safetv of access to the Droperty in times of flood for ordinary and emeraencv vehicles. (11t The expected heights, velocity, duration. rate of rise. and sediment transport of the flood waters expected at the site. (12t Such other factors which are relevant to the purposes of this Ordinance. e. Time for Actina on ADDlication. The Citv Council shall act on an aDDlication in the manner described above within 48 days from receivina a recommendation from the Plannina Commission on the application, except that where additional information is reauired Dursuant to Section 35- 2190.4d of this Ordinance. The Citv Council shall render a written decision within 30 days from the receipt of such additional information. -24- I� Ordinance No. 91 -03 f. Conditions Attached to Special Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance. the Citv Council shall attach such conditions to the arantina of Special Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include. but are not limited to, the followina: (1) Modification of waste treatment and water supply facilities. Limitations on period of use, occupancv, and operation. 121 Imposition of operational controls, sureties, and deed restrictions. (4) Reauirements for construction of channel modifications. compensatory storaae. dikes, levees, and other protective measures. (5) Flood- proofina measures, in accordance with the State Buildina Code and this Ordinance. The applicant shall submit a plan or document certified by a reaistered professional enaineer or architect that the flood- proofina measures are consistent with the Reaulatory Flood Protection Elevation and associated flood factors for the particular area. SECTION 35 -2200 NONCONFORMING USES IN THE FLOOD HAZARD ZONES 1. A structure or the use of a structure or premises which was lawful before the passaae or amendment of this Ordinance but which is not in conformitv with the provisions of this Ordinance may be continued subiect to the followina conditions: a. No such use shall be expanded, chanced, enlarged, or altered in a wav which increases its nonconformity. b. Anv alteration or addition to a nonconformina structure or nonconformina use which would result in increasina the flood damaae potential of that structure or use shall be protected to the Reaulatory Flood Protection Elevation in accordance with anv of the elevation on fill or flood proofina techniaues i.e. FP -1 thru FP -4 floodoroofina classifications) allowable in the State Buildina Code. except as further restricted in Subsection C below. C. The cost of anv structural alterations or additions to anv nonconformina structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this -25- Ordinance No. 91 -03 Section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Communitv's initial flood plain controls must be calculated into todav's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and uronosed alterations and additions exceeds 50 Dercent of the current market value of the structure, then the structure must meet the standards of Section 35 -2140 or 35 -2150 of this Ordinance for new structures dependina upon whether the structure is in the Floodwav or Flood Frinae, respectively. d. If anv nonconformina use is discontinued for 12 consecutive months. anv future use of the building uremises shall conform to this Ordinance. The assessor shall notifv the Zonina Administrator in writina of instances of nonconformina uses which have been discontinued for a period of 12 months. e. If anv nonconformina use or structure is destroved by anv means. includina floods. to an extent of 50 percent or more of its market value at the time of destruction. it shall not be reconstructed except in conformitv with the provisions of this Ordinance. The applicable Drovisions for establishina new uses or new structures in Sections 35 -2140. 2150, or 2160 will aDDly devendina upon whether the use or structure is in the Floodway. Flood Frinae or General Flood Plain District. respectively. SECTION 35 -2210 PENALTIES FOR VIOLATION 1. Violation of the Drovisions of this Ordinance or failure to comDly with anv of its reauirements (includina violations of conditions and safeauards established in connection with arants of Variances or Special Uses) shall constitute a misdemeanor and shall be Dunishable as defined by law. 2. Nothina herein contained shall Drevent the Citv of Brooklvn Center from takina such other lawful action as is necessary to Drevent or remedv anv violation. Such actions may include but are not limited to: a. In resDondina to a suspected ordinance violation, the Zonina Administrator and the Citv may utilize the full arrav of enforcement actions available to it includina but not limited to Drosecution and fines, -26- Ordinance No. 91 -03 injunctions, after the -fact permits, orders for corrective measures or a reauest to the National Flood Insurance Proaram for denial of flood insurance availability to the auiltv party. The community must act in aood faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to ieopardize its eliaibilitv in the National Flood Insurance Proaram. b. When an ordinance violation is either discovered by or brouaht to the attention of the Zoning Administrator. the Zonina Administrator shall immediately investiaate the situation and document the nature and extent of the violation of the official control. As soon as is reasonablv possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emeraencv Manaaement Aaencv Reaional Office along with the Communitv's plan of action to correct the violation to the dearee possible. C. The Zonina Administrator shall notifv the suspected party of the reauirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and /or use is under construction or development. the Zonina Administrator may order the construction or development immediatelv halted until a proper permit or approval is aranted by the Communitv. If the construction or development is alreadv completed. then the Zonina Administrator may either (1) issue an order identifvina the corrective actions that must be made within a specified time period to brina the use or structure into compliance with the official controls, or (2) notifv the responsible party to apply for an after the -fact permit /development approval within a specified period of time not to exceed 30 -days. d. If the responsible party does not appropriately respond to the Zonina Administrator within the specified period of time. each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordinalv. The Zonina Administrator shall also, upon the lapse of the specified response period, notifv the landowner to restore the land to the condition which existed prior to the violation of this Ordinance. A2O SECTION 3 5- 2 AMENDMENTS -27- Ordinance No. 91 -03 The flood plain desianation on the Official Zoning Map shall not be removed from flood Main areas unless it can be shown that the desianation is in error or that the area has been filled to or above the elevation of the regional flood and is contiauous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that. throuah other measures. lands are adeauatelv protected for the intended use. All amendments to this Ordinance. includina amendments to the Official Zonina Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Chanaes in the Official Zonina MaD must meet the Federal Emeraencv Manaaement Aaencv's (FEMA) Technical Conditions and Criteria and must receive Drior FEMA aDDroval before adoption. The Commissioner of Natural Resources must be aiven 10 -days written notice of all hearinas to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical studv under consideration. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 25th day of March 1991. Tddtr Paulson, Mayor ATTEST: Deputy Clerk Date of Publication March 6, 1991 Effective Date April 5. 1991 (Brackets indicate matter to be deleted, underline indicates new matter.) -28-