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HomeMy WebLinkAbout1991-03 03-06 AP POST PUBLICATIONS AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Walter D. Roach being duly sworn, on oath says that he (s the publisher or authorized agent and employee of the publisher of the newspaper known as the PO StNeW s 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 Statue 331A.02, 331A.07, and other applicable laws, as amended. Pub. Hear. to consider new Flood Plain (B) The printed Management Ordinance which is attached was cut from the columns of said newspaper, and was Pr inted and p ublished once a week, f or 1 ,the Wednesday 6th Ma weeks; it was first published on of March 19 I 1 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 be- ing the size and kind of type used in the composition and publication of the notice: abcdefghi j kl mnopgrstuvwxyz By TITLE: General Manager Acknowledged before me on ihi- 7th ay of March 91 d p� Notary Public s CEO 3 OCIA <a RATE INFORMATION (1) Lowest classified rate paid by commercial users for com- S 1 .70 parable space. Line) (2) Maximum rate allowed bylaw for the above matter. f (Line) (3) Rate actually charged far the above matter. V (Line) i PostNews ]Ned Maroni 1, -37 ship, or unique c]rcumstances a$ defined in s$ntativo of large floods known to have occur structures fnUS$'meet the followlt✓) addi- Section 35-240. red generally in Minnesota and reasonably tional standards, as appropriate:' 5echoh 35- 21�0�,f400D PLAIN MANAGE- M characteristic of what can be expected tooccur i. The siructure_ must -be adeq tety an- on an average frequency in The magnitude of chored to prevent itotafion; collapse or lot S e e t.I o n 3 5 2 1 1 0 S T A T U T O R Y the 100- year, recurrence inlervaL, Regional reral movem t f"of the :}torture aitd "shall be AUTHORIZATION, FINDINGS OF FACT flood is synonymous with the term 'base designed toequalize hydrostatic floodforces AND PURPOSE, flood" used in the Flood Insurance Study. on exterior walls; and 1. Statutory Authorization Requlatory Flood Protection Elevation 2. Any mechanical and utility equipment The Legislature of the State of 'Minnesota The Regulatory Flood Protection Elevation in a'structure must be elevated to or above has, in Minnesota Statutes Chapter 104 and shall be an elevation no- lower-than one foot the Regulatory'Piood- Protection 'FJe'vation Chapter 368.01, delegated the responsibility above the elevation of the regional flood plus or properly flood Proofed. 41, to local governmental units to adopt regula- any increases in flood elevation caused by en I. Storage of Materials and Equipment tions designed to minimize flood losses. croachments on the flood plain that result from 1. The storage or processing of materials Therefore, the City Council of the .City of designation of a floodway. that are, in time of flooding, flammable, ex- Brooklyn Center, Minnesota does ordain as Section 35 -2130. 'ESTABLISHMENT OF plosive, or potentially injurious to, hurhan, follows: ZONING DISTRICTS animal, or plant life is prohibited.: 2. Findings of Fact 1. Districts 2. Storage of Other materials or equipment a. The flood hazard areas of the City of a. Floodway District may be allowed if readily removable" from Brooklyn Center, Minnesota, are subject to The Floodway District shall include those the area within the time available after a periodic inundation which results in poten- areas designated as floodway on the Flood flood warning and in accordance with a plan tial loss of life, loss of property, health and Boundary and Floodway Map adopted i pprovedby the City of Brooklyn Center• safety hazards, disruption of commerce and Section 35- 2120.2. V Structural Works for.Flood Control that governmental services, I extraordinary b. flood Fringe District will change the course, current orcross sec- public expenditures for flood protection and The Flood Fringe District shall include tion of protected wetlands or public waters relief, and impairment of the tax base, all of those areas designated as floodway fringe on shall be subject to the provisions "offi Min- which adversely affect the public health, the Flood Boundary and Floodway Map< nesota Statueti `Chapter 105. Community- safety, and general welfare. adopted in Section 35.2120.2 wide structural Works for flood control in b. Methods of Use to Analyze Flood tended to remove'areas from the ulatory c. Hazards. This ordinance is based u General Flood Plain District poi -a The General Flood Plain District shall in- flood Plain shaltnot be allowed in the flood reasonable method of analyzing flood dude those areas designated as unnumbered way. r hazards which is consistent with the scan, A Zones on the Flood Insurance Rate Map h. A levee, dike Or floodway tons} yitted in dards established by the Minnesota De- adopted in Section 3$- 2120.2. the floodway; shall not cause an lhtriliese to partment of Natural Resources. 2. Compliance the 100- yeaW °or- '.regional flood the 3. Statement of Purpose No new structure or land shall hereafter be technical analysis must assume Oq{Oal con- It is the purpose of this ordinance to promote used and no structure shall be located, ex- veyance or storage loss on both slil6s. of a the public health, safety, and general tended, converted,, or 'structurally altered stream. welfare and to minimize those losses des without full compliance with the terms of this', SECTION L 354150: FLOOD FRI, DIS crtbed in Section 35- 2110.2a by provisions ordinance and other applicable requlations TRICT(FF) contained herein. which apply to uses within the jurisdiction of 1. Permitted Uses- Permitted Uses" it be Section 35 -2120. GENERAL PROVISIONS, this ordinance. Within the Floodway, Flood those uses of land or structures listedias Per 1. Lands to which Ordinance Applies Fringe and General Flood Plain Districts, all minedUsesfntheunderlyingzoning,usedis- This ordinance shall apply to all lands within uses not listed as permitted uses or special fritt(s). If no'pha- existing, underly)n'4oning the jurisdiction of the City of Brooklyn Can- uses in Sections 35- 2140, 2150, and 2160 that use districts exist, they any reAdentlal•or on ter shown on the Official Zoning Map and /or follow, respectively, shall be prohibited. In residential structure or use of a structure or the attachments thereto as being located addition, a caution is provided here that: land shall bea,PermiltedUseinthe within the boundaries .ofthe Floodway, Flood a. New manufactured homes and inge provided such' use does not constitute a Fringe, or General Flood Plain Districts. replacement manufactured homes are sub public` nuisapcd,, -AII Permltted Utes" "shall 2.. Establishment of Official Zoning Map comply with thb� standards for Flood`.frin The Official Zoning Map together with all jest e the general provisions o£..this ordi e 9 nanco. "Permitted Uses'C`listedrfn Section1354150.2 materials atached thereto is hereby adopted b. Modifications, additions, structural and the standards for all Flood Frli ilili "Per by reference and declared to be a part of this. alterations or repair after damage to ex- mitted and Special Uses" listed in Section 35 ordinance. The attached material shall in [sting nonconforming structures and non 12150.5. ciude the Flood Insurance Study for the City conforming uses of tructures or land are 2. Standards' for Flood Fringe Permitted of Brooklyn Center prepared by the Federal, regulated by the.general provisions of this Uses: Insurance Administration dated August 17, ordinance and specifically Section 35 -2200. a. All structures, including accessory 1981, and the Flood Boundary and Floodway c. As -built elevations for elevated or flood structures, must be elevated on fill so that Maps and Flood Insurance Rate Maps proofed structures must be certified by the lowest floor including basement floor is therein, all 'as amended by the attached_ g round surve y and flood proofing ech-: at or above the, Regulatory Flood Protection Amendment No. 1, ;prepared by Barr niques must be designed and certified by `a> Elevation. The finished fill elevation for Engineering. The Official Zoning rMap shall registered professional engineer or architect structures shall be no lower than one (1) foot be on file in the Office of the City Clerk and as specified in the general provisions of this below the Regulatory Flood Protection: the Zoning Administrator. specifically as stated in Sec Elevation and the fill shall extend at such B o Lioron di 35 nance an -2190 of thi s ordinance. 3• Regulatory Flood Protection Elevation elevation at least fifteen (15) feet beyond the The Regulatory FLood;Protection Elevation Section 35.2140. FLOODWAY DISTRICT' outside limits of the structure' erected CITY OF BROOKLYN CENTER shall be an elevation no lower than one foot (FW). thereon. Notice is herebygiven that a public hearing above the elevation of the regional flood plus 1• Permitted Uses b. As an alternative to elevation on fill, ac- will be held on The 25th day of March, 1991, at any increases in. a. General ]arming, pasture, grazing, out- flood' elevation caused by. cessory structures: that constitute a minimal 7:15 p.m. at City Hall, 6301 Shingles Creek encroachments on the flood plain that result door plant nurseries,: horticulture, truck investment and that do not exceed 500square Vr Parkwa to consider a new Flood Plain from designation of a floodway. farmin forest g, ry, farming, and wild feet for the outside dimension at ground level Management Ordinance ¢interpretation I their cropharvesting. may w internally flood proofed in actor Auxiliary aids for handicapped persons are a. n er interpretation and application, b. industrial- Commercial loading areas, dance with Section 21 available upon request at least 96 hours in the provisions of this ordinance .shall beheld parking areas, and airport landing strips.. c, The cumulativeplacement of till where advance. Please contact the Personnel Coor- to be minimum requirements and shall be c. Private and public golf courses, tennis at any one time in excess of one- thousand dinator at 561-5440 to make arrangements. liberally construed in of the City and courts, driving ranges,'.artheryranges,. plc (1,000) cubic yards of fill is located on the ORDINANCE NO. shall not be deemed a limifafiore.orrepeal of nic grounds, boat launching ramps, swim- parcel shall be allowable only as a Special AN ORDINANCE AMENDING CHAPTER 35 any other powers granted by State Statutes. ming areas, parks, wildlife and nature Use, unless said fill is specifically intended to BY REPEALING ORDINANCE" NO. 82-1 b. The boundaries of the zoning districts reserves, elevate a structure in accordance with Sec shall be determined b s s game farms, fish hatcheries PLAIN MANAGEMENT) AND y toting distances on shooting preserves, target ranges, trap and tion 35- 2150.2a. ADOPTING A NEW FLOOD PLAIN MAN- the Official Zoning Map. Where interpreta- skeet ranges, hunting and fishing areas, and d. The storage of any materials or equip AGEMENT ORDINANCE CONSISTENT tion is needed as to the exact location of The single or multiple purpose'' recreational ment shall be. elevated on fill to the Regula WITH STATE AND FEDERAL REGULA- boundaries of the district as shown on the Of- trails. toryFlood "Protection Elevation. TIONS ficial Zoning Map, as for example where t e. The provisions of Section 35- 2150.5 of here a d. Residential lawns, gardens, parking The City Council of the City of Brooklyn appears to be a conflict between a areas, and play areas. this Ordinance shall apply. Center does ordain as follows: mapped boundary and actual field conditions 2. Standards for Floodway Permitted Uses 3• Special Uses: Any structure that is not el- Section 1. Section 35 -2100 Through Section and there is a formal appeal of the decision of a. The use shall have a low flood damage evated on fill or flood proofed in accordance potential. 35 -2190 inclusive of the Brooklyn Center Zon- the Zoning Administrator, the Board of Ad- with Section 35 -2150 2a -b or any use of land that ing Ordinance are hereby repealed, ,jusiment shall make The .necessary' inter b. The use shall be permissible in the does not comply with the standards In Section Section 2..Chapter3S,0(.the Brooklyn Center pretation. All decisions will be based on underlying zoning district if one exists,, 35- 2150.5 shall only be allowable as ,a Special Ordinances is hereby amended iii the follow- elevation a "n 'the regional Itoo year) Hood c, The use shall not obstruct flood flows or Use. An application for a Special Use Permit Ing manner:... profile and other available technical data. increase flood elevations and shall not in- shall be subject to the standards and criteria Section 35 -900. DEFINITIONS. Persons contesting the location of the district- solve structures, fill, obstructions, excava- and evaluation procedures specified in Sec Accessory Use or Structure a use orstruc- boundaries shall be given a reasonable op- tions or storage of materials orequipment tions 35-2150.4 and 35.2190.4 of this Ordinance. Lure on the same lot with, and of a nature portunity to present Their case to the Board 3, Special, Uses 4. Standards for Flood Fringe Special Uses: customarily incidental and subordinante to, of Adjustment and to submit technical evi- a. Structures accessory to the uses listed a. Alternative elevation methods other the principal use or structure. dente. in Section 35- 2140.1 above and the uses listed than the use of fill may be utilized to elevate Basement means any area of a structure, 5. Abrogation and Greater Restrictions in subsection b through g below, a structure's lowest floor above the Regula- including spaces, ces, havin g its floor or base It is not intended by this ordinance to repeal, b Extraction and storage of sand, Flood Protection Elevation. These ;gravel, subgrade (below ground level) on all four abrogate, or impair any existing easements, and other materials. alternative methods may include the use of sides, regardless of the depth of excavation covenants, or deed restrictions. However, c. Marinas, boat rentals, docks, piers, stilts, pilings, parallel walls, etc., or above below ground level. where this ordinance imposes greater wharves, and water control structures. grade, enclosed areas such as crawl spaces [Flood a temporary increase in the flow restrictions, the provisions of this ordinance or tuck under garaages. The base or floor of d. Railroads, streets, bridges, utility or stage of a stream or in the stage of a shall prevail. All other ordinances inconsis- transmission lines, and pipelines. an enclosed area shall be considered stream or in the stage of wetland or lake that tent with this ordinance are hereby repealed e. Storage yards for equipment, machin- above -grade and not a structure's basement results in the inundation of normally dry to the extent of the inconsistency only. ery,ormateriaIs. or lowest floor if: 1) the enclosed area is areas. 6. Warning and Disclaimer of Liability I. Placement of fill. above -grade on at least one side of the struc- Flood Frequency the frequency for which This ordinance does not imply that areas g. Structural works for flood control such ture; 2) is designed to internally flood and is it is expected that a specific flood stage or outside the flood plain districts or land uses as levees, dikes and floodwalls constructed constructed with flood resistant materials; discharge may be equalled or exceeded. permitted within such districts will be free to any height where the intent is to protect and 3) is used solely for parking of vehicles, Flood Fringe that portion of the flood from flooding or flood damages. This ordi- individual structures and levees or dikes building access or storage. The aboved-noted plain outside of the floodway. Flood fringe is nance shall not create liability on the part of where the intent is to protect agricultural alternative elevation methods are subject to synonymous with the term "floodway fr- the City of Brooklyn Center or any officer or crops for a frequency flood event equal to or the following additional standards: inge "used in the Flood Insurance study for employee thereof for any flood damages that less than The 10 -year frequency flood event. 1) Design and Certification The struc- the City of Brooklyn Center. result from reliance on this ordinance or any 4, Standards for Floodway Special Uses ture's design and as -built condition must be Flood Plain the areas adjoining a administrative decision lawfully made a. All Uses. No structure (temporary or certified by a registered professional wetland, lake or watercourse which have been thereunder. permanent), fill (including fill for roads and engineer or architect as being in compliance or hereafter may covered b the regional 7• SeverabilitY with the general design standards of the Y levees), deposit, obstruction, storage of ma- 9 flood. If any section, clause, provision, or portion Terials, or equipment, or other uses may be State Building Code and, specifically, that all Flood- Proofing a combination of structu- of this ordinance is adjudged unconstitu- allowed as a Special Use that will cause any electrical, heating, ventilation, plumbing ral provisions, changes, or adjustments to tional or invalid by a court of competent increase in the stage of The 100 -year or and air conditioning equipment and other properties and structures subject to flooding, jurisdiction, The remainder of This ordinance regional flood or cause an increase in flood service facilities must be at or above the tb primarily for the reduction or elimination of shailnoeaffecredThereby. damages in the reach or reaches affected. Regulatory Flood Protection Elevation orbe flood damages. 8. Definitions b. All floodway Special Uses shall be sub- designed to prevent flood water from enter- Floodway the bed of a wetland or lake Unless specifically defined below, words or in or accumulating within these com ject to the procedures and standards con- 9 9 Po n and the channel of a watercourse and those phrases used in this ordinance shall be in- tainedin Section 2190.4 of this ordinance. ents during times of flooding. portions. of The adjoining flood lain which are terpreted so as to give them the same mean 2) Specific Standards for Above-grade, I 9 P c. The special use shall be permissible in P 9 reasonably required to carry or store The Ing as they have in common usage and so as the underlying zoning district if one exists. Enclosed Areas Above grade, fully regional flood discharge.] to give this ordinance its most reasonable d. Fill enclosed areas such as crawl spaces or tuck [Obstruction any dam, wall, wharf, em- application. 1. Fill, dredge spoil and all other similar under garages must be designed to internal- bankment, levee, dike, pile, abutment, pro- Equal Degree of Encroachment a method materials deposited or stored in The flood ly floodand thedesign plans must stipulate: jection, excavation, channel modification, of determining the location of floodway plain shall be protected from erosion by (a) The minimum area of openings in the culvert, building, wire, fence, stockpile, ref- boundaries so that flood plain lands on both vegetative cover, mulching, riprap or other walls where internal flooding is to be used as a use, fill, structure, or matter in, along, which sides of a stream are capable of conveying a acceptable method. flood proofing technique. When openings are across, or projecting into any channel, Proportionate share of flood flows. 2. Dredge spoil sites and sand and gravel placed in a structure's walls to provide for en- watercourse, or regulator flood lain Flood a temporary increase in The flow or p stage a stream or in the stage operations shall not be allowed in floodway try of flood waters To equalize pressures, the may impede, retard, or change the direction g g of a wetland or unless a tong -term site development plan is bottom of all openings shall be no higher than of the flow of water, either in itself or by lake that results in the inundation of normally- submitted which includes an ero- one -foot above grade. Openings may be equip- catching or collecting debris carried by such dry areas. sion /sedimentation prevention element to ped with screens, louvers, valves, or other water.] Flood Frequency the frequency for which the plan. coverings or devices provided that they permit [Reach a hydraulic engineering term it is expected that a specific flood stage or 3. As an alternative, and consistent with The automatic entry and exit of floodwaters. used to describe a longitudinal segment of a discharge may be equalled or exceeded. Subsection 2 immediately above, dredge (b) That The enclosed area will be designed stream or river influenced by a natural or Flood Fringe That portion of The flood plain spoil disposal and sand and gravel opera- the flood resistant materials in accordance with man -made obstruction. In an urban area, the outside of the floodway. Flood fringe is syn- onymouswiththeterm "floodwa f Lions may allow temporary, on -site storage the F or e a classifications in the Stare segment of a stream or river between two y f ringe" of fill or other materials which would have Building Code and shall be used solely for consecutive bridge crossings would most typ- in The Flood Insurance. Study for The City of caused an increase to the stage of the 100• building access, parking of vehicles or storage. ically constitute a reach. Brooklyn Center. year or regional flood but only after the City b. Basements, as defined by Section 35 -900 of [Regional Flood a flood which is repre- Flood Plain the beds proper and the areas has received an appropriate plan which this Ordinance, shall be subject to the follow sentative of large floods known To have oc- adjoining a wetland, lake or watercourse assures the removal of the materials from ing: curred generally in Minnesota and reasonably which have been or hereafter may be covered The floodway based upon the flood warning (1) Residential basement construction shall characteristic of what can be expected to oc- by the regional flood. time available. The Special Use Permit must not be allowed below the Regulatory Flood cur on an average frequency in the magnitude Flood- Proofing a combination of structu- be title registered with the property in the Protection Elevation. of the 100 -year recurrence interval. Regional ral provisions, changes, or adjustments to Office of the County Recorder. (2) Non residential basements may be flood is synonymous with the term "base Properties and structures subject to flooding, e. Accessory Structures allowed below the Regulatory Flood Protection flood" used in the Flood Insurance Study.). primarily for the reduction or elimination of I structures shall not be design- Elevation provided the basement is structu- Special Use means a specific type of flood damages. ed for human habitation. rally dry flood proofed in accordance with Sec structure or land use listed in the Zoning Ord[- Floodway the bed of a wetland or lake and 2. Accessory structures, if permitted, shall tion 35- 2150.4c of This Ordinance. nance that may be allowed, but only fter an the channel of a watercourse and those por- t' be constructed and placed on the building c. All areas of non residential structures in- in -depth review procedure and with ap- tions of The adjoining flood plain which are site so as to offerthe minimum obstruction to cluding basements to be placed below the propriate conditions or restrictions as provid- reasonably required to carry or store the the flow of flood waters. Regulatory Flood Protection Elevation shall ed in the official zonin controls or building regional flood discharge. possible, structures shall be be flood roofed in accordance with The struc- 9 9 a. Whenever p codes and upon a finding that: (1) certain Obstruction any dam, wall wharf, em- p 9 constructed with The longitudinal axis rurally dry flood proofing classifications in the standards as detailed in the Zoning Ordinance bankment, levee, dike, pile, abutment, projec- parallel to the direction of flood flow, and, State Building Code. Structurally dry flood are, or will be met and (2) the structure and /or tion, excavation, channel modification, b. So far as practicable, structures shall proofing must meet the FP -1 or FP -2 flood land use are compatible with the existing culvert, building, wire, fence, stockpile, ref- be placed approximately on the same flood proofing classification in the State Building neighborhood. use, fill, structure, or matter in, along, across, flow lines as those of adjoining structures. Code and this shall require making the strut Structure anything constructed or or projecting into any channel, watercourse, or c. Accessory structures shall be elevated ture watertight with the walls substantially erected on the ground or attached to the regulatory flood plain which may impede, on fill or structurally dry, flood proofed in impermeable to the passage of water and with ground or on -site utilities, including, but not retard, or change the direction of the flow of accordance with the FP -1 or FP -2 flood pro- structural components having the capability of limited to, buildings, factories, sheds, water, either in itself or by catching or collet- ofing classifications in the State Building resisfing hydrostatic and hydrodynamic loads detached garage:, cabins, manufactured ting debris carried by such water. Code. As an alternative, an accessory strut- and The effects of buoyancy. Structures flood 1��3 [mobile) homes, and other simmlar Hems Reach a hydraulic engineering term to ture may be flood proofed to the FP -3 or FP -4 proofed to the FP -3 or FP -4 classification shall Variance means a moditi•_atsa:l of a describe a longitudinal segment of a stream or flood proofing classification in the State not be permitted. specific pent- +tied uevek?psnert standard re- river influenced by a natural or man -made Building Code provided the accessory strut- d. When at any one time more than 1,000 quired in an officIa': cont I• ^,a +o;ny this or- obstruction. In an urban area, The segment of a ture constitutes a minimal investment, does cubic yards of fill or other similar material is dinance, to allow as 1 ee.e.lupment stream or river between Two consecutive not exceed 500 square feet in size, and for a located on a parcel for such activities as on -site standard not stale +i as acreplahie in Vie official bridge crossings would most typically con- detached garage, the detached garage must control, but only as epp)ica to a particular stitute a reach. be used solely for parking of vehicles and property for the purp of alleviating a hard- Regional Flood a flood which is repre- limited storage. All flood proofed accessory To next page 38- PostNews -Wed., March 6, 1991 From recedin page to the Zoning Administrator who shall process b. Administrative Review. The Board times of flood for ordinary and emergency ve- 1. Violation of the provisions of this Ord!- p g p g the permit application consistent with the ap- shall hear and decide appeals where it is hicles; nance or failure to comply with any of its re- storage, landscaping, sand and gravel opera- phcable provisions Section 35 -2140 and 2150 alleged there is error in any order, require- (11) The expected heights, velocity, dura- quirements (including violations of conditions f this Ordinance. menu, decision, or determination made by an Lion, rate of rise, and sediment transport of the and safeguards established in connection with Tions, landfills, roads, dredge spoil disposal or o construction of flood control works, an ero- SECTION 35 -2170 SUBDIVISIONS administrative official in the enforcement or flood waters expected at the site. grants of Variances or Special Uses) shall soon /sedimentation control plan must be sub 1. Review Criteria: No land shall be sub- administration of this Ordinance. (12) Such other factors which are relevant constitute a misdemeanor and shall be miffed. The plan must clearly specify methods divided which is unsuitable for the reason of C. Variances. The Board may authorize to the purposes of this Ordinance. punishable as defined by law. to be used to stabilize The fill on site fora flood flooding, inadequate drainage, water supply or upon appeal in specific cases such relief or e. Time for Acting on Application. The 2. Nothing herein contained shall prevent event at a minimum of the 100 -year or regional sewage treatment facilities. All lots within the variance from the terms of this Ordinance as City Council shall act on an application in the the City of Brooklyn Center from taking such flood event. The plan must be prepared. and flood plain districts shall contain building site are consistent with the provisions of Section manner described above within 48 days from other lawful action as is necessary to I certified by a registered professional engin- at or above the Regulatory Flood Protection 35 -240 of the Zoning Ordinance. In the granting receiving a recommendation from the Plan- or remedy any violation. Such actions may in- ce e rti The plan may incorporate alternative Elevation. All subdivisions shall have water of such variance, the Board of Adjustment ning Commission on The application, except cludebutnotlimitedio: procedures for removal of the material from and sewage treatment facilities that comply shall clearly identify in writing the specific that where additional information is required a. In responding to a suspected ordinance the flood plain if adequate Hood warning time with the provisions of this Ordinance and have conditions that existed consistent with The cri- pursuant to Section 35.2190.4d of this Ord[- violation, the Zoning Administrator and the exists. road access both to the subdivision and to the feria specified in Section 35 -240 which justified nance. The City Council shall render a written City may utilize the full array of enforcement f Materials and Equipment: individual building sites no lower than two feet the granting of the variance. No Variance shall decision within 30 days from the receipt of such actions available to it including but not limited e. Storage of 1. The storage f or processing and of materials below the Regulatory Flood Protection Eleva- have the effect of allowing in any district uses additional information. to prosecution and fines, injunctions, after g tion. For all subdivisions in the flood plain, the prohibited in that district, permit a lower I. Conditions Attached to Special Use Per- the -fact permits, orders for corrective That are, in time of flooding, flammable, ex- Floodway and Flood Fringe boundaries, the degree of flood protection than The Regulatory measures or a request to the National Flood plosive, or potential) injurious to human, y g P 9 Y mots. Upon consideration of the factors listed P Y Y ec Elevation above and the purpose of this Re Flood Protection ElTidfhe Flood Protection Elevation for the articular Insurance Program for denial of flood h animal, orplantlifeisprohibited. g P Ordinance, the surance availability to the guilty party. The he 2. Storage of other materials or equipment required elevation of all access roads shall be area, or permit standards lower than those re- City Council shall attach such conditions to the y g g q clearly labelled on all preliminary plat draw- quired b State law. community must act to good faith To enforce may be allowed if readily removable from the Y granting of Special Use Permits as nt deems these official controls and to correct ordinance area within the time available after flood ing.. d. Hearings. Upon filing with the Board necessary To fulfill the purposes of tens are violations to the extent possible so as not to warning nd in accordance with a pll an a 2• Floodway /Flood Fringe Determinations in of Adjustment of an appeal from a decision of nonce. Such conditions may include, but t are roved by the City of Brook) Center. P the General Flood. Plain District: In the Gen- the Zoning Administrator, or an application for not limited to, the following: jeopardize it eligibility, in the National Flood P Brooklyn en eral Flood Plain District, applicants shall pro- a variance, the Board shall fix a reasonable (1) Modification of waste treatment and Insurance Program. I. The provisions of Section 35- 2150.5 0l this vide the information required in Section 35- time for a hearing and give due notice to the watersu 1 b.When an ordinance violation is either Ordinance shall also apply: supply facilities. year flood elevation, the Floodway and Flood Board shall submit by mail to The Commis and operation. Zoning Administrator, The Zoning Ad- discovered by or brought to the attention of the 2160.2 of this Ordinance to determine the 100- parties in interest as specified by law. The g 5. Standards for All Flood Fringe Uses: (T) e r a Limitations on period of use, occupancy, g a. All new principal structures must have Fringe District boundaries and the Regulatory sioner of Natural Resources a copy of the a P Impo s t ministrator shall immediately investigate the vehicular access) feet above t elevation not g g i n sureties, and deed r Imposition es operational controls, more than two (2) IeeT below the Regulatory Flood Protection Elevation for the subdivision plication for proposed Variances sufficiently iretestrictions. situation and document the nature and extent site, advance so that the Commissioner will receive of the violation of the official control. As soon Flood Protection Elevation. h a variance to (4) Requirements for construction of chap- as is reasonabl YPossible,Thisinformationwill this requirement is granted, the Board of 3. Removal of Special Flood Hazard Area atleasTten days notice of the hearing. net modifications, compensatory storage, he Designation: The Federal Emergency Man- e. Decisions. The Board shall arrive at a be submitted to the appropriate Department of justmenT must specify limitations on the g g Y dikes, and other protective measures. agement Agency (FEMA) has established cri- decision h l Variance 48 Natural Resources' and Federal Emergency period of use times of floodi ng nd only occupancy of the structure for on such appeal or ce w after determining fe (5) Flood- proofing measures, in ac�or- ria for removing the special flood hazard days of referral to the Board. In passing upon dance with the State Building Code and this Management Agency Regional Office along g y ppeal, The Board may, so Ion as such ac- with the Community's plan of action To correct area designation for certain structures pro- an a 9 Ordinance. The a I; p that adequate flood warning time and Iota! pp 'cant shall submit a tan The violation ta the de degree possible. flood emergency reponse procedures exist. perly elevated on fill above the 100 -year flood Lion is in conformity with the provisions of this or document certified by a registered profes- g P c. The Zoning Administrator shall notify the b. Commercial Uses accessory and uses, elevation. FEMA's requirements incorporate Ordinance, reverse or affirm, wholly or in sional engineer or architect that the flood- Y suspected party specific fill compaction and side sloe rotec- art, or modif the order, requirement, deci- 15 l the requirements Official of his lots as yards, elvations lo than parking tion standards for multi structure or multi -lot sion or dete mination of he Zoning Ad- Regulatory ry Flood Elevat on and Ordinance and all other Official Controls and y e lower an g developments. These standards should be in- ministrator or other public official. IT shall associated flood factors for the particular the nature and extent of the suspected violation latory Flood Protection Elevation. However, a aced vesti of these controls. If the structure and /or use is permit for such facilities to be used by the em- 9 Prior to the initiation of site make its decision in writing setting forth the area. under construction or development, the Zoning ployees or the general public shall not be Preparation if a change re g special flood hazard findings fact and the reasons for its deci- SECTION 35 NONCONFORMING USES Administrator may order the construction or ranted in the absence of a flood warning area designation will be requested. sions. In granting a Variance, the Board may IN THE FLOOD OD HAZARD ZONES SECTION 35 -2180 PUBLIC UTILITIES, escribiate conditions and safe- development immediately halted until a pro- t g Sys- em that provides adequate time evacua- depth pr e appropr premises e A structure or the use of a structure or RAILROADS, ROADS, AND BRIDGES guards such as those specified in Section 35- r per permit or approval is granted by the lion if the area would be inundated t a to flood depth 1. Public Utilities. All P public utilities and fa- 2190.4, which are in conformity with the pur- or amendment wench was lawful before the passage of this Ordinance but which is e Community. If The construction or develop g reater than two feet or be subject c not in conformit itifies such as gas, electrical, sewer, and poses of this Ordinance. Violations of such meet is already completed, Then the Zoning velocities greater than four feet per second 1C with the provisions of this pdminisirator may either (1) issue an order upon occurrence of the regional flood. water supply systems to be located in the flood conditions and safeguards, when made a part Ordinance may be continued subject to the fol- c. Manufacturing and Industrial Uses Plain shall be flood- proofed in accordance with of the terms under which the Variance is lowing conditions: identifying the specif actions that must be made within a specified the State Building Code or elevated to above granted, shall be deemed a violation of this a. No such use shall be ex time period to bring eva measures shall be taken to minimize interfer- ponied, changed, the use or structure into compliance with the ence with normal plant o erations es eciall the Regulatory Flood Protection Elevation. Ordinance punishable under Section 35 -2210. A enlarged, or altered in a way which increases along streams having protracted flood dura- 2. Public Transportation Facilities. copy of all decisions granting Variances shall its nonconformity. official trols, or (2) notify the responsible tions. Certain accessory land uses such as Railroad tracks, roads, and bridges to be to- be forwarded by mail to the Commissioner of b. Any alteration or addition to a noncon- party o apply pply for an after the -fact permit/ yards and parking lots may be s et t out in Secction tion ac lower e cated within the flood plain shall comply with Natural Resources within ten (10) days of such forming tructure or nonconforming use which development approval within a specified irons subject to requirements set 35 -2140 and 35.2750 of this Ordinancetion e p eriod of time not to exceed s. 30 -da y g would result in increasing the flood damage 35.2150.5b above. In considering permit Elevation to The Regulatory Flood Protection I. Appeals. Appeals from any decision of potential of that structure or use shall be pro- P P plications, due consideration shall be van to Elevation shall be provided where failure or the Board may be made, and as specified in ac d. If the responsible party does not a ted to the Regulatory Flood Protection propriately respond to the Zoning Ad- g interruption of these transportation facilities this Community's Official Controls and also Elevation in accordance with an of the eleva- ministrator within the specified period of Time, needs be to industry whose business requires would result in danger to The public health or Minnesota Statutes. tion on fill or flood proofing techniques (i.e., each additional day that lapses shall constitute that it be located in flood plain areas. safety or where such facilities are essential to g. Flood Insurance Notice and Record an additional violation of this Ordinance and d. F[II shall pr properly compacted and the operly protected by the use of the orderly functioning the area. Minor or Keeping. The Zoning Administrator shall FP -1 thru FP -4 floodproofing classifications) g shall be prosecuted accordingly. The Zoning slopes shall be pr allowable in the State Building Code, except as auxiliary roads or railroads may be con- notify the applicant for a variance that: 1) The further restricted in Subsection C below. Administrator shall also, upon the lapse of th m vegetative cover or other acceptable strutted at a lower elevation where failure or issuance of a variance to construct a structure c. The cost of any structural alterations or specified response period, notify the landown- method. The Federal Emergency Manage- interruption of transportation services would below the base flood level will result in in- additions to any nonconforming structure over er to restore the land to the condition which ex- for r emoving the special flood hazard area Agency (FEMA) has established criteria not endanger the public health or safety. creased premium rates for flood insurance up the life of the structure shall not exceed 50 per- isted priortothe violation of this Ordinance. for r SECTION 35.2120 AMENDMENTS designation for certain structures properly el- 3. On -site Sewage Treatment and Water to amounts as high as f25 for f100 of insurance cent of the market value of the structure unless g Supply Systems: Where public utilities are not coverage and 2) Such construction below the The flood plan designation on The Official F E on fill above The 100-year flood elevation g The conditions a l l s of urns Section are and ad The y rovided: 1) On -site water Supply systems 100• ear or regional flood level increases risks F compaction requirements incorporate s st a P PP Y Y Y g cost tr all structural alterations and additions Zoning Map shall not be removed from flood fill compaction and side slope protection scan• must be designed to minimize or eliminate in- to life and property. Such notification shall be constructed since the adoption of the Com- plain areas unless it can be shown that the des dards for multi structure or multi =iot devel- filtration of flood waters into the systems; and maintained with a record of all variance ac- munity's initial flood plain controls must be ignaiion is in error or that the area has been 2) New or replacement on -site sewage treat- Lions. A community shall maintain a record of calculated into today's current cost which will filled to or above the elevation of the regional opments. These standards should be invesTi• ment systems must be designed to minimize or all variance actions, including justification for include all costs such as construction mater- flood and is contiguous to lands outside the gated prior to the initiaton of site preparation if eliminate infiltration of flood waters into the their issuance, and report such variances flood plain. Special exceptions to This rule may a change of special flood hazard area design• ials and a reasonable cost placed on all man 9 systems and discharges from the systems into issued in its annual or biennial report submit- be permitted by the Commissioner of Natural Lion will be requested. g Y power or labor. If the current cost of all q flood waters and the shall not be subject led the Administrator of National Resources if he determines that, through other e. Flood plain develo menus shall not y b T t td t f th N l Flood previous and proposed alterations and addi- P impairment or contamination during times of Insurance Program. measures, lands are adequately protected for adversely affect the hydraulic capacity of the P g 9 lions exceeds r percent of the current market the intended use. flood lain of any tribu- flooding. Any sewage treatment system 4. Special Uses. The for Council shall hear value h the structure, then The structure must channel and adjoining P designed in accordance with the State's cur- and decide applications for Special Uses per- All amendments to this Ordinance, including tart' watercourse or drainage system where a g PP meet the standards of Section 35-2140 or endin 0 amendments to the Official Zoning Map, must Floodway or other encroachment limit has not rent statewide standards for on -site sewage missible under this ordinance. Applications of this Ordinance for new structures depending be submitted to and approved by the Commis been specified on the Official Zoning Ma treatment systems shall be determined To be in shall be submitted to the Director of Planning upon whether the structure is in the Floodway P g p' compliance with this Section. and Inspections who shall forward the a lica- sioner of Natural Resources prior to adoption. I. All manufactured homes must be securely P P PP or Flood Fringe, respectively. anchored to an adequate) anchored founds- SECTION 35 -2181 MANUFACTURED Lion to the Planning Commission for con- d. If any nonconforming use is discontinued g must meet Map Y Changes in The Official Zoning HOMES. Manufactured homes shall conform sideration. for l2 consecutive The Federal Emergency Management A tion system That resists Methods of flotation, collapse and to the definition contained in Section 35 -900 of a. Hearings. Upon filing with the Plan- is cy's a (FEMA) receive prior Conditio n and approval o lateral movement. Methods o /anchorin may 9 building premises shall conform to this Ordi- g this ordinance and shall also be subject to the nin 8, Inspection Dept. an application for a is and must receive prior FEMA approval be- include, but are not to be limited to, use of j g P nonce. The assessor shall notify the Zoning fore adoption. The Commissioner of Natural over- the -top or frame ties to round anchors. Provisions of Section 35 -530 regarding build- Special Use Permit, Dir. of Planning In- Administrator in writing of instances of non B Resources must be given 10 -days written This requirement is in addition to applicable mgs in the Rl and R2 districts. For the pur- sp. shall submit by mail to the Commissioner conforming uses which have been discontinued q PP poses of flood lain regulation, manufactured of Natural Resources a copy of the application notice of all hearings to consider an amend state or local anchoring requirements for P g P PP for period of l2 months. g homes shall be subject to the same restrictions for proposed Special Use sufficient) in ad- nonconformin meet this t of t or and said notice shall g wind forces. e resisting P P y If any g use or structure is as site built homes. vance so that the Commissioner will receive at technic a draft of he ordinance amendment or SECTION 35- 2140.1 GENERAL FLOOD destroyed f 50 any means, including floods, to technical under consideration. SECTION 3S-2190 ADMINISTRATION least tendaysnoticeofthehearing. an extent of rcent or more of its market y PLAIN DISTRICT Pe Uses: t. Zoning Administrator: A Zoning Ad- b. Decisons. The City Council shall arrive value at the time of destruction, it shall not be 1. Permissible a. The uses I Us in Section 35 2140.1 of this ministrator designated by the City Manager at a decision on a Special Use within 46 days of reconstructed except in conformity with the Todd Paulson, Mayor Ordinance shall be permitted uses. shall administer and enforce this Ordinance. If a recommendation by the Planning Commis- provisions of this Ordinance. The applicable ATTEST: Ord 6. All other uses shall be subject to The the Zoning Administrator finds a violation of sion. In granting a Special Use Permit the City provisions for establishing new uses or new Deputy Clerk Floodway /flood fringe evaluation criteria pur- the provisions of this Ordinance the Zoning Council shall prescribe appropriate conditions structures in Sections 35 -2140, 2150, or 2160 will Date of Publication Administrator shall notify the person respon- and safeguards, in addition to those specified apply depending upon whether the use or Effective Date start to Section 35- 2160.2 below. Section 35 -2140 Bible for such violation in accordance with the in Section 35.2190.4f, which are in conformity structure is in the Floodway, Flood Fringe or Brackets indicate matter to be deleted, shall apply if the proposed use is in the Flood- procedures stated in Section 35 -2210 of the Or- with the purposes of this Ordinance. Violations P General Flood Plain District, respectively. boldface indicates new matter.) way District and Section 35 -2150 shall apply it the proposed use is in The Flood Fringe Dis- dig. 2. Per of such conditions and safeguards, when made SECTION 35 -2270 PENALTIES FOR VIO- (Pub. PoslNews March 6, 1991.) tricT. Permit Requirements: a part of the terms under which the Special Use CATION 2. Procedures for Floodway and Flood Fr- a. Permit Required. A Permit issued by the Permit is granted, shall be deemed a violation Zoning Administrator in conformity with the of this Ordinance punishable under Section inge Determinations Within the General Flood provisions of this Ordinance shall be secured 35 -2210. A copy of all decisions granting Special Plain District. prior to the erection, addition, or alteration of Use Permits shall be forwarded by mail to the a. Upon receipt of an application for a any building, structure, or portion thereof; Commissioner of Natural Resources within ten Special Use Permit for a use within the Gener- prior to the use or change of use of a building, (10) days of such action. al Flood Plain District, the applicant shall be structure, or land; prior To the change or ex- c. Procedures to be followed by The City required to furnish such of the following in- tension of a nonconforming use: and prior to Council in Passing on Special Use Permit Ap- formation as is deemed necessary by the Zon- the placement of fill, excavation of materials, plications within all Flood Plain Districts. ing Administrator for the determination of the or the storage of materials or equipment within (1) Require the applicant to furnish such of Regulatory Flood Protection Elevation and the flood plain. the following information and additional in- whether the proposed use is within the Flood b. Application for Permit. Application for a formation as deemed necessary by the City way or Flood Fringe District. Permit shall be made in duplicate to the Zoning Council for determining the suitability of the 1. A typical valley cross- section showing the Administrator on forms furnished by the Zon- particular site for the proposed use. channel of the stream, elevation of land areas ing Administrator and shall include the follow- (a) Five Sets of Plans drawn to scale show adjoining each side of the channel, cross -sec- ing where applicable: plans in duplicate drawn ing the nature, location, dimensions, and tional areas to be occupied by the proposed to scale, showing the nature, location, dimen- elevation of the lot, existing or proposed struc- development, and high water information. sions, and elevations of The lot; existing or tures, fill, storage of materials, flood- proofing 2. Plan (surface view) showing elevations or proposed structures, fill, or storage of mater- measures, and the relationship of the above to contours of the ground; pertinent structure, ials; and the location of the foregoing in rela- the location of the stream channel. fill, or storage elevations; size, location, and tion to the stream channel. (b) Specifications for building construc spatial arrangement of all proposed and ex- c. State and Federal Permits. Prior to gran- tion and materials, flood- proofing, filling, isting structures on the site; location and tinga Permit or processing an application for a dredging, grading, channel improvement, elevations of streets; photographs showing ex Special Use Permit or Variance, the Zoning storage of materials, water supply and isting land uses and vegetation upstream and Administrator shall determine that the appli- sanitary facilities. downstream; and soil type. cant has obtained all necessary State and Fed- (2) Transmit one copy of the information 3. Profile showing the slope of the bottom of eral Permits. described in subsection 1. to a designated the channel or flow line of the stream for at d. Certificate of Zoning Compliance for a engineer or other expert person or agency for least 500 feet in either direction from the pro- New, Altered, or Nonconforming Use. It shall technical assistance, where necessary, in posed development. be unlawful to use, occupy, or permit the use or evaluating the proposed project in relation to b. The applicant shall be responsible to occupancy of any building or premises or part flood heights and velocities, the seriousness of submit one copy of the above information to a thereof hereafter created, erected, changed, flood damage to the use, the adequacy of the designated engineer or other expert person or or enlarged altered, ed in its use or 9 plans for protection, and other technical mat- agency for Technical assistance in determining whether the proposed use is in The Floodway or structure until a Certificate of Zoning Zoning Te 3 Administrator shall have been issued a the Zoning e Based upon the technical evaluation of Flood Fringe District and to determine the Administrator stating that the use of The build- he designated engineer or expert, the City Regulatory Flood Protection Elevation. Pro- cedures consistent with Minnesota Regula- this Ordinance. hazard at The site and evaluate the s land conforms to the requirements of Council shall determine the specific flood Tions 1983, Parts 6120.5000 6120.6200 shall be thitheflood e. Construction and Use followed in this expert evaluation. The desig- i be as Provided on of the proposed use in relation To the nated engineer or expert is strongly encourag- App Certificates Plans, Permits Variances and hazard. Certificates U Zoning Compliance. P erm it s t Factors Upon Which the Decision of the ed to discuss the proposed technical evaluation Conditional Use Permits, or Certificates of Special Council Shall i Based. In passing upon methodology with the respective Department of Natural Resources' Area Hydrologist prior Zoning Compliance issued on the basis of my Special Use Permit applications, The t to commencing the analysis. The designated Proved plans and applications authorize only Council shall consider all relevant factors engineer or expert shall: the use, arrangement, and construction set specified in other sections of this Ordinance, 1. Estimate The peak discharge of the forth in such approved plans and applications, and: regional flood. and no other use, arrangement, or construc- (1) The danger to life and property due to 2. Calculate the water surface profile of the tion. Any use, arrangement, or construction at increased flood heights or velocities caused by egional flood based upon a hydraulic analysis variance with that authorized shall be deemed encroachments. r r gional am chan ed upon a hydraulic analysis a violation of this Ordinance, and punishable as (2) The danger that materials may be 3. Compute the floodway necessary to con- Provided by Section 35 -2210 of this Ordinance. swept onto other lands or downstream to the ncreas- I. Certification. The applicant shall be re- injury of others or they may block bridges, vet' or store the regional flood without i ing flood stages more than 0.5 foot. lesser quired to submit certification by a registered culverts orother hydraulic structures. stage increase Than .5'shall be required if, s r professional engineer, registered architect, or (3) The proposed water supply and sanita- result c the additional stage increase, in- registered land surveyor that the finished fill tion systems and the ability of these systems To and building elevations were accomplished in prevent disease, contamination, and un- creased flood damages would result. a equal compliance with the provisions of this ordi- sanitary conditions. degree of encroachment on l both sides of the within the shall both assumed to nance. Flood- proofing measures shall be cer- (4) The susceptibility of the proposed facil- stream wit e r stream compu hie th r boundaries. tified by a registered professional engineer or ity and its contents To flood damage and the ef- c. The Zoning Administrator shall present registered architect. fect of such damage on the individual owner. technical evaluation the g• Record of First Floor Elevation. The Zon- (5) The importance of the services provid- The to chnical evaluation and findings re the finical alu experT findings Coun f the mg Administrator shall maintain a record of ed by the proposed facility to the community. The City Council must formally accept the the elevation of the lowest floor (including (6) The requirements of the facility for a Technical evaluation and the recommended b a s e m e n t) of a l i n e w waterfront location. Floodway and /or Flood Fringe District structures and alterations or additions to ex- (7) The availability of alternative Iota boundary or deny the permit application. The ;sting structures in the flood plain. The Zoning Tions not subject to flooding for the proposed City Council, prior to official action, may Administrator shall also maintain a record of use. submit The application and all supporting data the elevation to which structures or alterations (8) The compatibility of the proposed use and analyses To the Federal Emergency Man- and additionsto structuresare flood-proofed. with existing development and development agement Agency, the Department of Natural 3. Board of Adjustment: anticipated in the foreseeable future. Resources or the Planning Commission for re- a. Rules. The Board of Adjustment shall (9) The relationship of the proposed use to view and comment. Once the Floodway and adopt rules for the conduct of business and the comprehensive plan and flood plain man- Flood Fringe Boundaries have been determin- may exercise all of the powers conferred on agement program for the area. ed, the Council shall refer the matter back such Boards by State law. (10) The safety of access to the property in