HomeMy WebLinkAbout1982-01 01-25 CCO CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 25th day of January,*
1982 at 7:30 p.m. at the City Hall, 6301 Shingle Creek Parkway, to consider
amendments to the Zoning Ordinance relating to Flood Plain Ordinance regulations.
ORDINANCE NO. 82 -1
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Section 35 -111 of the City Ordinances is hereby amended in
the following manner:
Section 35 -111 NONCONFORMING USES
Unless specifically provided otherwise herein, the lawful use of any land
or building existing at the time of adoption of this ordinance may be
continued even if such use does not conform to the regulations of this
ordinance, provided:
1. No such nonconforming use of land shall be enlarged or increased
or occupy a greater area of land than that occupied by such use
at the time of the adoption of this ordinance.
2. Such nonconforming use shall not be moved to any other part of
the parcel of land upon which the same was conducted at the
time of the adoption of this ordinance.
3. A nonconforming use of a building existing at the time of
adoption of this ordinance may be extended throughout the
building provided no structural alterations except those required
by ordinance, law, or other regulation are made therein, and
provided that no such extension in the floodway overlay zone
shall result in increased flood damage potential. Excepted
from the structural alteration limitation are single family
dwellings, located in residential districts other than R1 or R2,
provided any structural alterations or additions shall conform
with the requirements of the Rl or R2 district, and the Flood
Plain regulations as applicable.
4. If a nonconforming use occupies a building and ceases for a
continuous period of two years, any subsequent use of said
building shall be in conformity to the use regulation specified
by this ordinance for the district in which such building is
located.
5. Any nonconforming use shall not be continued following [60
50% destruction of the building in which it was conducted by
flood, fire, wind, earthquake, or explosion, according to the
estimate of the Building Inspector, approved by the City Council.
ORDINANCE NO. 82 -1
6. Upon the effective date of this ordinance, where there is a non-
conforming use of land on a parcel with no structure or where
there is a nonconforming use of land (such as storage of equip-
ment and supplies), on which there is a conforming structure
such use shall be terminated within two years following the
effective date of this ordinance.
[7. The foregoing nonconforming use provisions notwithstanding, the
the manufacture of chemical fertilizer within the I -2 zoning
district, and upon the site of the Howe, Inc. fertilizer plant
located at 4821 Xerxes Avenue North and legally described on
Exhibit A attached hereto and made a part hereof by reference,
shall be abated and discontinued on or before November 5, 1982
provided, however, that any such manufacture of chemical
fertilizers which constitutes a nuisance under the Common Law,
under Minnesota Statutes 561.01, or under Section 19.101 of
Brooklyn Center Ordinances shall be immediately abated and
discontinued.]
Section 2. Section 35 -900 of the City ordinances shall be amended by the
addition of the following:
Equal Degree of Encroachment A method of determining the location of
floodway boundaries so that flood plain lands on both sides of a stream
are capable of conveying a proportionate share of flood flows.
Flood A temporary increase in the flow or stage of a stream or in the
stage of a lake that results in the inundation of normally dry areas.
Flood Frequency The average frequency, statistically determined, 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 "`fToodway fringe": used in th,e. Flood
Insurance Study for the City of Brooklyn Center.
Flood Plain The areas adjoining a watercourse which have been or here-
after 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
Tor the reduction or elimination of flood damages.
Floodway The channel of the watercourse and those portions of the
adjoining Hood plain which are reasonably required to carry and dis-
charge the regional flood.
Obstruction Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projections, excavation, channel modification, culvert,
building, wire, fence, stockpile, refuse, fill, structure, or matter in,
along, across, or projecting into any channel, watercourse, or regulatory
Tl ood plain which may impede, retard, or change the direction of flow of
water, either in itself or by catching or collecting debris carried by
such water.
ORDINANCE NO. 82 -1
Reach A hydraulic engineering term used to describe 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 recurrent interval. Regional flood is synonymous with
the term "base flood" used in the Flood Insurance Study.
Structure Anything constructed or erected on the ground or attached to
the ground, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, mobile homes, and other similar items.
Section 3. Section 35 -1040 of the City Ordinances is hereby amended in the
following manner:
Section 35- 1040 PENALTIES. [Whoever does any act or omits to do any act
which constitutes a breach of any section of this Chapter shall, upon conviction
thereof by lawful authority, be punished by a fine not to exceed three hundred
($300)and by imprisonment not to exceed ninety (90) days.] Violation of the
provisiors of this Ordinance or failure to comply with any of its requirements (in-
cluding.viol.ations of conditions and safeguards established in connection with grants
of Variances or Special Use Permits) shall constitute a misdemeanor. Any person who
violates this ordinance or fails to comply with any of its requirements shall, upon
conviction thereof by lawful authority, be fined not more than five hundred dollars
($500) or imprisoned for not more than ninety (90) days, or both, and in addition,
shall pay all costs and expenses of prosec6tian. Each day s.uc_1i__cjb
continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of Brooklyn Center from
taking such other lawful action as is necessary to prevent or remedy any violation.
No provision of this Chapter designating the duties of any official or employee of
the City shall be so construed as to make such official or employee liable for the
penalty provided in this section for failure to perform such duty, unless the in-
tention of the City Council to impose such penalty on such official or employee is
specifically and clearly expressed in the section creating the duty.
Section 4. Chapter 35 of the City Ordinances is hereby amended by the
addition of the following:
Section 35- 2000. OVERLAY DISTRICTS.
In addition to the land use districts listed in Section 35 -300 of this
Ordinance, the following Overlay Districts are hereby established:
I. Flood Plain District
2. Critical Area District
3. Historical Preservation District
ORDINANCE NO. 82 -1
lay district shall be subject to the regulations governing land us e activities within
An la nd which .i s cl a�ssi fi ed. bar -this Ordi_na4( as bei no- wi thi n. an giver
such a district in addition to the use regulations established in Sections 35 -300
through 35 -331 of this Ordinance, and to any other regulations as applicable.
Section 35 -2100. FLOOD PLAIN MANAGEMENT
Section 35- 2110. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
I. Statutory Authorization
The Legislature of the State of Minnesota has, in Minnesota Statutes
Chapter 104 and Chapter 368.01, delegated the responsibility to local
governmental units to adopt regulations designed to minimize Hood
losses. Therefore, the City Council of the City of Brooklyn Center,
Minnesota does ordain as follows:
2. Findings of Fact
a. The flood hazard areas of the City of Brooklyn Center, Minnesota,
are subject to periodic inundation which results in potential
loss of life, loss of property, health and safety hazards, dis-
ruption'of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impair-
ment of the tax base, all of which adversely affect the public
health, safety, and general welfare.
b. Methods of Use to Analyze Flood Hazards. This ordinance is
based upon a reasonab method of analyzing flood hazards which
is consistent with the standards established by the Minnesota
Uepartment of Natural Resources.
3. Statement of Purpose
It is the purpose of this ordinance to promote the public health,
satety, and general welfare and to minimize those losses described
in Section 3b- 2110:2a by provisions contained herein.
Section 35 -2120. GENERAL PROVISIONS
1. Lands to Which Ordinance Applies
This ordinance shall apply to all lands within the jurisdiction of
the City of Brooklyn Center shown on the Official Loning Map as being
located within the boundaries of the Floodway, Flood Fringe, or
General rlood Plain Districts.
2. Establishment of Official Zoning Map
The Official Zoning Map together with all materials attached thereto
is hereby adopted by reference and declared to be a part of this
ordinance. The attached material shall include the Flood Insurance
Study for the City of Brooklyn Center prepared by the Federal
Insurance Administration dated August 17, 1981, and the Flood
Boundary and Floodway Maps and Flood Insurance Rate Maps therein.
.The Official Zoning Map shall be on file in the Office of the City
Manager and the Planning Department.
ORDINANCE NO. 82 -1
3. Regulatory Flood Protection Elevation
The Requlatory Flood Protection Elevation shall be an elevation no
lower than one foot above the elevation of the regional flood plus
any increases in flood elevation caused by encroachments on the flood
Plain that result from designation of a floodway.
4. Interpretation
a. In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not
be deemed a limitation or repeal of any other powers granted by
State Statutes.
b. The boundaries of the zoning districts shall be determined by
scaling; distances on the Official Zoning Map. Where interpreta-
tion is needed as to the exact location of the boundaries of the
district as shown on the Official Zoning Map, as for example
where there appears to be a conflict between a mapped boundary
and actual field conditions, the Board of Adjustment shall make
the necessary interpretation based on elevations on the regional
(100- .year) flood profile and other available technical data.
Persons) contesting the location of the district boundaries shall
be give',n a reasonable opportunity to present their case to the
Board of Adjustment and to submit technical evidence.
5. Abrogation land Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where
this ordinance imposes greater restrictions, the provisions of this
ordinance shall prevail. All other ordinances inconsistent with this
ordinance are hereby repealed to the extent of the inconsistency only.
6. Warning and Disclaimer of Liability
I
This ordinance does not imply that areas outside the flood plain
l districts or land uses permitted within such districts will be free
from flooding or flood damages. This ordinance shall not create
liability on the part of the City of Brooklyn Center or any officer
or employee' thereof for any flood damages that result from reliance
on this ord',inance or any administrative decision lawfully made
thereunder.' 0
Section 35 -2130. ESTABLISHMENT OF ZONING DISTRICTS
The flood plainlareas within the jurisdiction of this ordinance are hereby
divided into two Districts: Floodway District (FW) and Flood Fringe District (FF).
1. Floodway District (FW)
The Floodway District shall include those areas designated as
floodway in the Flood Insurance Study.
ORDINANCE NO. 82 -1
2. Flood Fringe District (FF)
The Flood Fringe District shall include those areas designated as
floodway fringe in the Flood Insurance Study.
The boundaries of these districts shall be shown on the Official Zoning
Map for the City of Brooklyn Center. Within these districts all uses not allowed as
Permitted Uses or permissible as Special Uses shall be prohibited.
Section 35 -2140. FLOODWAY DISTRICT (FW)
1. Permitted Uses
The following uses have a low flood damage potential and do not
obstruct flood flows. These uses shall be permitted within the
Floodway District to the extent that they are not prohibited by any
other ordinance and provided they do not require structures, fill,
or storage of materials or equipment. In addition, no use shall
adversely affect the capacity of the channels or floodways or any
tributary to the main stream or of any drainage ditch, or any other
drainage facility or system.
a. Agricultural uses such as general farming, pasture, grazing,
outdooriplant nurseries, horticulture, truck farming, forestry,
sod farming, and wild crop harvesting.
b. Industrial- Commercial uses such as loading areas, parking areas,
and airport landing strips.
c. Private and public recreational uses such as golf courses,
tennis 'courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves,
target ,ranges, trap and skeet ranges, hunting and fishing areas,
and single or multiple purpose recreational trails.
d. Residential uses such as lawns, gardens, parking areas, and play
areas.
2. Special Uses
The following open space uses require accessory structures (temporary
or permanent), or fill or storage of materials or equipment. These
uses may be permitted in the floodway district only after the issuance
of a Special Use Permit as provided in Section 35 -2784 of this ordi-
nance. These uses are also subject to the provisions of Section 35-
2140:3 which a o
applies t all floodway Special Uses.
a. Structures accessory to open space uses.
b. Placement of fill.
c. Extraction of sand, gravel, and other materials.
d. Marinas, boat rentals, docks, piers, wharves, and water control
structures.
e. Railroads, streets, bridges, utility transmission lines, and
pipelines.
ORDINANCE NO. 82-1
f. Storage yards for equipment, machinery, or materials.
Other uses similar in nature to uses described in Sections 35-
2140:1 and 2 which are consistent with the provisions set out
in Sections 35- 2110:3 and 35 -2140 of this Ordinance.
3. Standards for Floodway Special Uses
a. All Uses. No structure (temporary or permanent), fill (including
fill for roads and levees), deposit, obstruction, storage of
materials, or equipment, or other uses may be allowed as a Special
Use which, acting alone(or in combination with existing or reason-
ably anticipated future uses, adversely affects the capacity of
the floodway or increases flood heights. In addition, all flood-
way Special Uses shall be subject to the standards contained in
Section '35- 2184.4 and the following standards (subsections b
through e).
b. Fill
(1) Any fill deposited in the floodway shall be not more than
_the, minimum amount necessary to conduct a Special Use listed
in 'Section 35- 2140:12. Generally, fill shall be limited to
that needed to grade or landscape for that use and shall not
in any way obstruct the flow of flood waters.
(2) Spoil from dredging or sand and gravel operations shall not
be 'deposited in the floodway unless it can be done in
accordance with (1) of this Section.
(3) Fill shall be protected from erosion by vegetative cover.
c. Accessory Structures (temporary or permanent) permitted as Special
Uses by ,Section 35- 2140:2a.
(1) Accessory structures shall not be designed for human
hab'i tati on.
(2) Accessory structures, if permitted, shall be constructed
and placed on the building site so as to offer the minimum
obstruction to the flow of flood waters.
(a)', Whenever possible, structures shall be constructed
with the longitudinal 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
adjoining structures.
(3) Accessory structures shall be flood proofed in accordance
with the Minnesota State Building Code.
ORDINANCE NO. 82 -1
d. Storage of Materials and Equipment
(1) The storage or processing of materials that are, in time
of flooding, flammable, explosive, or potentially injurious
to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed
if 'readily removable from the area within the time available
after a flood warning.
e. Structural Works for Flood Control. Levees, dikes, and flood-
walls shall not be constructed within the limits of the Floodway
District. Other structural works for flood control such as dams
and channel enlargements that will change the course, current,
or cross- section of a public water shall be subject to the pro-
visions of Minnesota Statutes Chapter 105.
Section 35 -2150. FLOOD FRINGE DISTRICT (FF)
1. Permitted Uses
The following uses shall be permitted uses within the Flood Fringe
District to the extent that they are not prohibited by any other
ordinances.
a. Any use permitted in Section 35- 2140:1.
b. Accessory structures provided they comply with the provision
of Section 35- 2140:3c of this ordinance.
c. Residences and other structures constructed on fill so that the
basement floor or first floor, if there is no basement, is at or
above the Regulatory Flood Protection Elevation. The finished
fill elevation shall be no lower than one (1) foot below the
Regulatory Flood Elevation and shall extend at such elevation
at least fifteen (15) feet beyond the limits of any structure
or building thereon. Fill shall be compacted and the slopes
shall be protected by riprap or vegetative covering. Residences
constructed on fill shall be subject to the vehicular access
requirements in Section 35- 2150:3a.
No use shall be permitted which will adversely affect the capacity
of the channels or floodways of any tributary -to the main stream,
or of any drainage ditch, or any other drainage facility or system.
2. Special Uses
Other uses are permitted only upon application to the Zoning Official
and the issuance of a Special Use Permit as provided in Section
35 -2184 of this ordinance and subject to the following provisions:
a. Residences. Where existing streets, utilities, and small lot
sizes preclude the use of fill, other methods of elevating the
first floor (including basements) above the Regulatory Flood
Protection Elevation may be authorized, provided that the
residence is flood proofed in accordance with the Minnesota
State Building Code.
ORDINANCE NO. 82 -1
b. Non Residential Structures. Commercial, manufacturing, and
industrial structures shall ordinarily be elevated on fill so
that their first floor (including basement) is above the
Regulatory Flood Protection Elevation but may in special
circumstances be flood proofed in accordance with the Minnesota
State Building Code. Structures that are not elevated to above
the Regulatory Flood Protection Elevation shall be flood- proofed
to FP -1 or FP -2 classification as defined by the Minnesota State
Building Code. Structures flood proofed to FP -3 or FP -4 class
ification shall not be permitted.
3. Standards for Flood Fringe Uses
a. Residential Uses. Residences that do not have vehicular access
at or above an elevation not more than two feet below the Regu-
latory'Flood Protection Elevation shall not be permitted unless
granted a variance by the Board of Adjustment. In granting a
variance the Board of Adjustment shall specify limitations on
the period of use or occupancy of the residence.
Y
b. Commercial Uses. Accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the
Regulatory Flood Protection Elevation. However, a permit for
such facilities to be used by the employees or the general
public ''shall not be granted in the absence of a flood warning
system that provides adequate time for evacuation if the area
would inundate to a depth greater than two feet or be subject
to flood velocities greater than four feet per second upon
occurrence of the regional flood.
c. Manufacturing and Industrial Uses. Measures shall be taken to
minimize interferences with normal plant operations especially
along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at
lower elevations subject to requirements set out in Subsection
b of this section. In considering permit applications, due
consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
Section 35 -2160. SUBDIVISIONS
No land shall be subdivided which is held unsuitable by the Brooklyn
Center City Council for reason of flooding, inadequate drainage, water
supply or sewage treatment facilities. All lots within the flood plain
districts shall contain a building site at or above the Regulatory Flood
Protection Elevation. All subdivisions shall have water and sewage
disposal facilities that comply with the provisions of this ordinance
and have road access both to the subdivision and to the individual
building sites no lower than two feet below the Regulatory Flood
Protection Elevation.
Section 35 -2170. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
1. Public Utilities
All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the flood plain shall be
fl ood- proofed in accordance th_theS_ta Bu 1 di n,q Code or elevated
to above the Requi -tor.y FiooQ Protection. ET'evat, on...
i
ORDINANCE NO. 82 -1
2. Public Transportation Facilities
Railroad tracks, roads, and bridges to be_ l ocated within the Floodway
District shall comply with Sections 35-2140:3a and b of this ordi-
nance. Elevation to the Regulatory Flood Protection Elevation shall
be provided where failure or interruption of these transportation
facilities would result in danger to the public health or safety or
where such facilities are essential to the orderly functioning of
the area. Minor or auxiliary road or railroads may be constructed
at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety.
Section 35 -2180. ADMINISTRATION
The procedure for obtaining zoning approval for permitted and special
uses in flood plain areas shall be as contained in Section 35 -2181
through 35 -2184.
Section 35- 2181. ZONING OFFICIAL
The Zoning Official as defined in Section 35 -900 shall administer and
enforce this ordinance. If he /she finds a violation of the provisions
of this ordinance he /she shall notify the person responsible for such
violation, indicating the nature of the violation, and ordering the
action necessary to correct it.
Section 35- 2182. USE PERMIT
1_ Use Permit Required. A Use Permit issued by the Zoning Official in
conformity with the provisions of this ordinance shall be secured
Prior to the erection, addition, or alteration of any building,
structure, or portion thereof; prior to the use or change of use of
a buildinq,'structure, or land: prior to the change or extension
of a non conforming use; and prior to the placement of fill or ex-
cavation of materials within the flood plain.
2 Application for Use Permit. Application_ for a Use Permit shall be
made in duplicate to the Zoning Official on forms furnished by him/
her and shall include the following where applicable: plans in
duplicate drawn to scale, showing the nature, location, dimensions,
and elevations of the lot; existing or proposed structures, fill,
or storage of materials; and the location of the foregoing in
relation to the stream channel.
3. State and Federal Permits. Prior to granting a Use Permit or
processing an application for a Special Use Permit or Variance,
Zoning Official shall determine that the applicant has obtained all
necessary State and Federal Permits.
4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming
Use. It shall be unlawful to use, occupy, or permit the use or
occupancy of any building or premise, or part thereof, hereafter
created, erected, changed, converted, altered or enlarged in its use
or structure until a Certificate of Zoning Compliance shall have
been issued by the Zoning Official stating that the use of the
building or land conforms to the requirements of this ordinance.
ORDINANCE NO. 82 -1
5. Construction and Use to be provided in Applications, Plans, Permits,
and Certificate of Zoning Compliance. Use Permits, Special Use
Permits, or Certificates of Zoning Compliance issued on the basis of
approved plans and applications authorize only the use, arrangement,
and construction set forth in such approved plans and applications,
and no oth r use, arrangement, or construction. Any use, arrange-
ment, or construction at variance with that authorized shall be
deemed a violation of this ordinance, and punishable as provided by
Section 35-1040 of this ordinance. The applicant shall be required
to submit Certification by a registered professional engineer,
registered architect, or registered land surveyor that the finished
fill and building elevations were accomplished in compliance with
the provisions of this ordinance. Flood- proofing measures shall be
certified by a registered professional engineer or registered
architect.
6. Record of First Floor Elevation. The Zoning Official shall maintain
a record of the elevation of the first floor (including basement) of
all new structures or additions to existing structures in the flood
plain districts. He /she shall also maintain a record of the
elevationslto which structures or additions to structures are flood
proofed.
Section 35 -2183. BOARD OF ADJUSTMENTS
A Board of Adjustments is hereby established:
1. The Brooklyn Center City Planning Commission shall serve as the
Board of Adjustment and Appeals of the municipality. When acting
as the Board of Adjustment and Appeals, the City's Planning
Commission's recommendations shall be advisory to the City Council.
2. The Board of Adjustment shall adopt rules for the conduct of business
and may exercise all of the powers conferred on such Boards by State
Law.
3. Adminstrative Review. The Board of Adjustment shall hear and decide
appeals where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement or administration of this ordinance.
4. Variances and Appeals. The Brooklyn Center Planning Commission,
acting as the Board of Adjustments and Appeals, shall hear appli-
cations for variances (adjustments) in accordance with Section
35 -,240 of the City ordinances and appeals in accordance with Section
35 -250 of the City ordinances.
The Commissioner of Natural Resources shall be notified at least 10
days prior 'to a public hearing held to review such matters and shall
also be notified within 10 days after a decision is rendered. No
variance shall be granted which would have the effect of allowing
in any district uses prohibited in that district, permit a lower
degree of flood protection than the Regulatory Flood Protection
Elevation for the particular area, or permit standards lower than
those required by State law.
I'
ORDINANCE NO. 82 1
Section 35 -2184. SPECIAL USES
The Brooklyn Center City Planning Commission shall hear and decide appli-
cations for Special Uses permissible under this ordinance. Applications
shall be submitted to the Zoning Official who shall forward the appli-
cation to the City Planning Commission for consideration. The City
Planning Commission will make a recommendation to the City Council
which will render the final decision on the matter.
1. Hearings. Upon accepting an application for a Special Use Permit,
the Zoning Official shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed Special
Uses sufficiently in advance so that the Commissioner of Natural
Resources will receive at least ten days notice of the hearings.
2. Decisions.' The Brooklyn Center City Council shall arrive at a
decision on a Special Use within 60 days of the City Planning
Commission hearing. In granting a Special Use Permit, the City Plan-
ning Commission may prescribe appropriate conditions and safeguards,
in addition to those specified in Section 35- 2184:6, which are in
conformity 'with the purposes of this ordinance. Violations of such
conditions and safeguards, when made a part of the terms under whicn
the Special' Use Permit is granted, shall be deemed a violation of
this ordinance punishable under Section 35 -1040. A copy of all
decisions granting Special Use Permits shall be forwarded by mail
to the Commissioner of Natural Resources within (10) days of such
action.
3. Procedures to be followed by the City Planning Commission and City
Council in Passing on Special Use Permit Applications Within the
Flood Plaini Districts.
a. Require the applicant to furnish such of the following inform-
ation and additional information as deemed necessary by the
City Planning Commission and City Council for determining_ the
suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale showing the nature,
location, dimensions
a and elevation of the lot, existing
or proposed structures, fill, storage of materials,
flood proofing measures, and the relationship of the above
to the location of the stream channel.
2. Specifications for building construction and materials,
flood- proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply and
sanitary facilities.
b. Transmit one copy of the information described in subsection
(1) to a designated engineer or other expert person or agency
for technical assistance, where necessary, in evaluating the
proposed project in relation to flood heights and velocities,
the seriousness of flood damage to the use, the adequacy of the
Plans for protection, and other technical matters.
C. Based upon the technical evaluation of the designated engineer
or expert, the City Planning Commission shall recommend and
the City Council shall determine the specific flood hazard at
ORDINANCE NO. 82 -1
the site and evaluate the suitability of the proposed use in
relation to the flood hazard.
4. Factors' Upon Which the Decision of the City Planning Commission
and City Council Shall be Based. In passing upon Special Use
applications, the City Planning Commission shall consider all
relevant factors specified in other sections of this ordinance,
and
a. The danger to life and property due to increased flood
heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands
or downstream to the injury of others.
c. The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination,
and unsanitary conditions.
d. The susceptibility of the proposed facility and its con
tents to flood damage and the effect of such damage on
the individual owner.
e. The importance of the services provided by the proposed
facility to the community.
f. The requirements of the facility for a waterfront location.
The availability of alternative locations not subject to
flooding for the proposed use.
h. The compatibility of the proposed use with existing devel-
opment and development anticipated in the foreseeable future.
i. The relationship of the proposed use to the Comprehensive
Plan and Flood Plain Management Program for the area.
j. The safety of access to the property in times of flood for
ordinary and emergency vehicles.
k. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
1. Such other factors which are relevant to the purposes of
T this ordinance.
5. Time for Acting on Application. The City Planning Commission
shall act on an application in the manner described above within
30 days from receiving the application, except where additional
information is required pursuant to Section 35- 2184.3 of this
ordinance. The City Council shall render a written decision
within',60 days from the receipt of the City Planning Commis
sion's!recommendation.
6. Conditions Attached to Special Use Permits. Upon consideration
of the factors listed above and the purpose or tnis ordinance,
the City Planning Commission and City Councii may attacn sucn
conditions to the granting of Special use Hermits as it aeems
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ORDINANCE NO. 82 -1
necessary to fulfil the purposes of this ordinance. Such conditions
may include, but are not limited to, the following;
a. Modification of waste disposal and water supply facilities.
b. Limitations on period of use, occupancy, and operation.
c. Imposition of operational controls, sureties, and deed
restrictions.
d. Requirements for construction of channel modifications, dikes,
levees, and other protective measures.
e Flood- proofing measures, in accordance with the Minnesota
State Building Code. The applicant shall submit a plan or
document certified by a registered professional engineer or
architect that the flood proofing measures are consistent
with the Regulatory Flood Protection Elevation and associated
flood factors for the particular area.
Section 35 -2190. AMENDMENTS
The flood plain designation on the Official Zoning Map shall not be
removed from flood plain areas unless it can be shown that the designation
is in error or that the area has been filled to or above the elevation
of the regional flood and is contiguous to lands outside the flood plain.
Special exceptions to this rule may be permitted by the Commissioner of
Natural Resources if he /she determines that, through other measures,
lands are adequately protected for the intended use.
Al 1 amendments to the: Fl o.od: P1 a in Management regulations i ncl udi.nn ame ndments
to he official 'Zoning 11'ap must be submitted to and approved by the
Commi §si0ner.of Natural Resourcos .p,ri0r t0 adoption, Changes in the
Official Zoning. Maps also require pri or .approval by° -the Federal Insurance
Administration.
Section 5. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this 25th day of January 19 82
Mayor.
ATTEST:�(`�
'y u
Clerk
U
Date of Publication January 14, 1982
Effective Date February 13 1982
(,Underline indicates new matter, brackets indicate matter to be delete(f:)
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