HomeMy WebLinkAbout1982-01 01-14 AP BROOKLYN CENTER POST
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA S Q--o
COUNTY OF HENNEPIN SS.
Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President
of The Post Publishing Co., publisher and printer of the newspaper known as
BROOKLYN CENTER POST
and has full knowledge of The facts herein stated as follows:
(1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which
it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter
and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at
least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation
currently paid or no more than three months in arrears and has entry as second -class matter in its local post
office. (5) Said newspaper purports to serve the
CITY OF BROOKLYN CENTER
in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main-
tained by the managing officer of saidnewspaper or persons in its employ and subjectto his direction and control during all
such regular hours and atwhich time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately
with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years
preceding The day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of
State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper
is a legal newspaper.
He further states on oath that the
cla 'h
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in
the English language, once each week, for.. ..successive weeks; that it was first so published on
The. 1 ry of..:q ..19..'.And was thereafter printed and published on every
to and including the.......... day of 19 and that the following is a printed copy of the
lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in
the composition and publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz5 pt. Sans
r
t.. C.
Subscribed and sworn to before
me this..J' '..........day of.. ..�wc.- e�1..�.-
d
(NOTARIAL SEAL)
Notary Public ........................County, Minnesota
My Commission Expires .......................19......
R.,
No.
Affidavit of Publication
OF
Published in
BROOKLYN CENTER POST
8801 Bass Lake Road
MINNEAPOLIS, MINNESOTA 55428
DATE OF PUBLICATION
ATTORNEY
FILED
BROOKLYN CENTER POST
11
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 con- 4 Interpretation
Sider amendments to the Zoning Ordinance relating to Flood Plain Ordinance a. In their interpretation and a p p lication, the p rovisions of this ordinance
regulations.: Pp P
ORDINANCE NO. shall be held to be minimum requirements and shall be liberally construed
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES in favor of the governing body and shall not be deemed a limitation or
INSTITUTING FLOOD PLAIN MANAGEMENT REGULATIONS repeal of any other powers granted by State Statutes.
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN b. The boundaries of the zoning districts shall be determined by scaling
AS FOLLOWS: distances on the Official Zoning. Map. Where interpretation is needed as
Section 1. Section 35 -111 of the City Ordinances is hereby amended in the to the eliact_ location of the boundaries of the district as shown on the Of-
-,following manlier: ficial Zoning Map, as for example where there appears to be a conflict be-
Section 35 -111 NONCONFORMING USES iween a mapped boundary and actual field conditions, the Board of Adjust
'Unless specifically provided otherwise herein, the lawful use of any land or ment shall make The necessary intrepretation based on evelations on the
e'building existing at the time of adoption of this ordinance may be continued even regional (100 -year) flood profile and other available technical data. Per
if such use does not conform to the regulations of this ordinance, provided: sons contesting the location of the district boundaries shall be given a rea-
1. No such nonconforming use of land shalt be enlarged 'or increased or occupy a sonable opportunity to present their case to the Board of Adjustment and
greater area of land than that occupied by such use at the time of the adoption to submit technical evidence.
of this ordinance. S. Abrogation and Greater Restrictions
2. Such nonconforming use shall not be moved to any other part of the parcel of It is not intended by this ordinance to repeal, abrogate, or impair any existing
land upon which the same was conducted at the time of the adoption of this easements, covenants, or deed restrictions. However, where this ordinance
ordinance. imposes greater restrictions, the provisions of this ordinance shall prevail.
3. A nonconforming use of a building existing at the time of adoption of this or- All other ordinances inconsistent with this ordinance are hereby repealed to
dinance may be 'extended throughout the building provided no structural the extent of the inconsistency only.
alterations' except, those required by ordinance; law, or other regulation are 6. Warning and Disclaimer of Liability
made therein, and provided that no such extension in the floodway overlay This ordinance does not imply that areas outside the flood plain districts
zone shall result in increased. flood damage potential. Expected from the or land uses permitted within such districts will be free from flooding or
structural alteration limitation are single family dwellings, located in flood damages. This ordinance shall not create liability on the part of the
residential districts other than R1 or R2, provided any structural alterations City of Brooklyn Center or any officer or employee thereof for any flood
or additions shall conform with the requirements of the RI or R2 district, and damages that result from reliance on this ordinance or any administrative
the Flood Plain regulations asapplicable:
decision lawfully made thereunder.
4. If .a nonconforming use occupies a building and ceases for a continuous period Section 35 -2130. ESTABLISHMENT OF ZONING DISTRICTS
of two years, any subsequent use of said building shall be in conformity to the The Flood plain areas within the jurisdiction of this ordinance are hereby
use regulation specified by this ordinance for the district in which such divided into two Districts: Floodway District (FW) and Flood Fringe District
building is located. (FF).
S. Any nonconforming use shall not be continued following (60 percent) 50 per- 1. Floodway District (FW)
cent destruction of the building in which it was conducted by fiood,,fire, wind, The Floodway District shall include those areas designated as floodway in
earthquake; or explosion, according to The estimate of the Building Inspector, the Flood Insurance Study.
approved by the City Council _2. Flood Fringe District (FF)
6. Upon the effective date of this ordinance, where there is a non- conforming use The Flood Fringe District shall include those areas designated as Floodway
of land on a parcel with no structure or where there is a nonconforming use of fringe in the Flood Insurance Study.
land (such as storage of equipment and supplies), on which there is a con- The boundaries of these districts shall be shown on the Official Zoning Map for
forming structure such use shall be terminated within two years following the the City of Brooklyn Center. Within these districts all uses not allowed as Per.
effective date of this ordinance. miffed Uses or permissible as Special Uses shall be prohibited.
Q. The foregoing nonconforming use provisions notwithstanding, the Section 35 -2140. FLOODWAY DISTRICT (FW)
manufacture of chemical fertilizer within the 1 -2 zoning district, and upon the 1. Permitted Uses
site of the Howe, Inc. fertilizer plant located a14821 Xerxes Avenue North and The following .uses have a low flood damage potential and do not obstruct
legally described on Exhibit A attached hereto and made a part hereof by flood flows. These uses shall be permitted within the Floodway District to
reference, shall be abated and discontinued on or before November 5, 1982 the extent that they are not prohibited by any other ordinance and provided
provided, however, that any such manufacture of chemical fertilizers which they do not require structures, fill, or storage of materials or equipment. In
constitutes a nuisance under the Common Law, under Minnesota Statutes addition, no use shall adversely affect the capacity of the channels or flood-
561.01, or under Section 19.101 of Brooklyn Center Ordinances shall be im- ways or any tributary to the main stream or of any drainage ditch, or any
mediately abated and discontinued.) other drainage facility or system.
Section 2. Section 35 -900 of the City ordinances shall be amended by the ad. A. Agricultural uses such as general farming, pasture, grazing, outdoor
dition of the following: plant nurseries, horticulture, truck farming, forestry, sod farming, and
Equal Degree of Encroachment A method of determining the location of wild crop harvesting.
floodway boundaries so that flood plain lands on both sides of a stream are b. Industrial Commercial uses such as loading areas, parking areas, and
capable of conveying a proportionate share of flood flows. airport landing strips.
Flood- A temporary increase in the floworstageofa stream or in the stage of a c. Private and public recreational uses such as golf courses, tennis courts,
lake that results in the inundation of normally dry areas. driving ranges, archery ranges, picnic grounds, boat launching ramps,
,Flood Frequency -The average frequency, statistically determined, for which it swimming areas, parks, wildlife and nature preserves, game farms, fish
is expected that a specific flood stage or discharge may be equalled or exceeded. hatcheries, shooting preserves, target ranges, trap and skeet ranges,
Flood Fringe That portion of the flood plain outside of the floodway. Flood hunting and fishing areas, and single or multiple purpose recreational
fringe is synonymous with the term floodway fringe" used in the Flood in- trails.
surance Study for the City of Brooklyn Center.
Flood Plain The areas adjoining a Watercourse which have been or hereafter
,may be covered by the regional flood. d. Residential uses such as lawns, gardens, parking areas, and play areas.
Flood- Proofing A combination of structural provisions, changes,, or ad. 2• Special Uses
iustments to properties and structures subject to flooding, primarily for the The following open space uses require accessory structures (temporary or
reduction or elimination of flood damages. permanent), or fill or storage of materials or equipment. These uses may be
Floodway The channel of the watercourse and those portions of the adjoining be permitted in the floodway district only after the issuance of a Special Use
flood plain. which are reasonably required to carry and discharge the regional provided in Section 35 -2184 of this ordinance. These uses are also
flood. special to the provisions of Section 35.2140:3 which applies to all foodway
Obstruction Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
Projections, excavation, channel modification, culvert, building, wire, fence, a. Structures accessory to open space uses.
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any b. Placement of fill.
channel, watercourse, or regulatory flood plain which may impede, retard, or C. Extraction of sand, gravel, and other materials.
change the direction of flow of water, either in itself or by catching or collecting d. Marinas, boat rentals, docks, piers, wharves, and water control structures.
debris carried by such water. e. Railroads, streets, bridges, utility transmission lines, and pipelines.
Reach- A hydraulic engineering term used to describe a longitudinal segment of I. Storage yards for equipment, machinery, or materials.
a stream or river influenced by a natural or man -made obstruction. In an urban 9. Other uses similar in nature to uses described in Sections 35- 2140:1 and 2
area, the segment of a stream or river between two consecutive bridge crossings which are consistent with the provisions set out in Sections 35. 2110:3 and
would most typically constitute a reach. 35.2140 of this Ordinance.
Regional Flood A flood which is representative of large floods known to have 3. Standards for Floodway Special Uses
occurred generally in Minnesota and reasonably characteristic of what can be a. All Uses. No structure (temporary or permanent), fill (including fill for
expected to occur on an average frequency in the magnitude of the 100 -year roads and levees), deposit, obstruction, storage of materials, or equipment,
recurrent interval. Regional flood is synonymous with the term "base flood" used or other uses may be allowed as a Special Use which, acting alone or in
in the Flood Insurance Study. affecs the combination with existing or reasonably anticipated future uses, adversely
Structure Anything constructed or erected on the ground or attached to the capacity of the floodway or increases flood heights. In addition,
ground, including, but not limited to, buildings, factories, sheds, detached alI Floodway Special Uses shalt be subject to the standards contained in
garages, cabins, mobile homes, and other similar items. b Section 3S- 2184.4 and the following standards (subsections b through e).
Section 3. Section 35 -1040 of the City Ordinances is hereby amended in the Fill
Any fill de
following. manner: posited in the floodwa y shall be not more than the minimum
Section 35 -1040. PENALTIES. (Whoever does any act or omits to do any act amount necessary to conduct a Special Use listed in Section 354140:12.
which constitutes a breach of any section of this Chapter shall, upon conviction Generally, fill shall be limited to that needed To grade or landscape for
thereof by lawful authority, be punished by a fine not to exceed three hundred that use and shall not in anyway obstruct the flow of floodwaters.
($300) and by imprisonment not to exceed ninety (90) days.) Violation of the (2) Spoil from dredging or sand and gravel operations shall not be de.
provisions of this Ordinance or failure to comply with any of its requirements Posited in the floodway unless it can be done in accordance with (1) of
including violations of conditions and safeguards established in connection with this Section.
grants of Variances or Special Use Permits) shall constitute a misdemeanor. Any (3) Fill shall be protected from erosion by vegetative cover.
person who violates this ordinance or fails to comply with any of its requirements c• Accessory Structures (temporary or Permanent) permitted as Special Uses
shall, upon conviction thereof by lawful authority, be fined not more than five by Section 35- 2140:2a.
hundred dollars ($500) or imprisoned for not more than ninety (90) days, or both, -1) Accessory structures shall not be designed for human habitation.
and in addition, shall pay all costs and expenses of prosecution. Each day such (2) Accessory structures, if permitted, shall be constructed and placed
='violation continues shall be considered a separate offense. on the building site so as to offer the minimum obstruction to the flow
Nothing herein contained shall prevent the City of Brooklyn Center from of flood waters.
;taking such other lawful action as is necessary to prevent or remedy any (a) Whenever Possible, structures shall be constructed with the Ion i-
violation. No provision of this Chapter_ designating the duties of any official or tudinal axis parallel to the dir g
r aal r
n sa consi u.. as to make su.... DfUci.21 r, a.�pb tae (b)So far a ecTionof be placed ap
ro
s practicable, structures shall be placed a y
liable for the penalty P enalt' rovided in this section for failure to perform such duty, th a same flood flow lines a adjoining structur ur xlmatel on
as es.
unless the intention of The City Council To impose such penalty on such official or (3) Accessory structures shall be flood- -proofed in accordance with the
employee is specifically and clearly expressed in the section creating the duty. Minnesota State Building Code.
Section 4. Chapter 35 of the City Ordinances is hereby amended by the addition d. Storage of Materials and Equipment
of the following: (1) The storage or processing of materials that are, in time of, flooding,
Section 35 -2000. OVERLAY DISTRICTS.r flammable, explosive, or potentially injurious to human, animal, or
In addition to the land use districts listed in Section 35-300 of this Ordinance, plant life is prohibited.
the following Overlay Districts are hereby established: (2) Storage of other materials or equipment may be allowed if readily re-
1. Flood Plain District movable from the area within the time available after a flood warning.
1. Critical Area District e. Structural Works for Flood Control. Levees, dikes, and flood
ways shall not
3. Historical Preservation District be constructed within the limits of the Floodway District. Other structural
Any land which is classified by this Ordinance as being within an overlay works for flood control such as dams and channel enlargements that will
district shall be subject to the regulations governing land use activities within change the course, current, or cross section of a public water shall be sub.
such a district in addition to the use regulations established in Sections 35 -300 sect to the provisions of Minnesota Statutes Chapter 105.
through 35-331 of this Ordinance, and to any other regulations as applicable, Section 35 -2150. FLOOD FRINGE DISTRICT (FF)'
Section 35 -2100. FLOOD PLAIN MANAGEMENT I. Permitted Uses
Section 35 -2110. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND The following uses shall be permitted uses within the Flood Fringe District to
PURPOSE the extent that they are not prohibited by any other ordinances.
1. Statutory Authorization a. Any use permitted in Section 35- 2140 :1.
The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter b. Accessory structures Provided they comply with the provision of Section
104 and Chapter 368.01, delegated the responsibility to local governmental 35- 2140:3c of this ordinance.
units to adopt regulations designed to minimize flood losses.. Therefore, the C. Residences and other structures constructed on fill so that the basement
City of Brooklyn Center, Minnesota does ordain as follows: floor or first floor, if there is no basement, Is at or above the Reguatory
2. Findings of Fact Flood Protection Elevation. The finished fill elevation shall be l
a. The flood hazard areas of the City of Brooklyn Center; Minnesota, are lower
than one (1) foot below The Regulatory Flood Elevation and shall no extentl at
subject to periodic inundation which results in potential loss of life, loss of such elevation at least fifteen (15) feet beyond the limits of any structure
property, health and safety hazards, disruption of commerce and govern- or building thereon. Fill shall 'be compacted and the slopes shall be
mental services, extraordinary public expenditures for flood protection Protected by riprap or vegetative covering. Residences constructed on
and relief, and impairment of the tax base, all of which adversely affect fill shall be subject to the vehicular access requirements in Section
the public health, safety, and general welfare. 35- 2150:3a.
b. Methods of Use to Analyze Flood Hazards. This ordinance is based upon a No use shall be permitted which will adversely affect the capacity of the
reasonable method of analyzing flood hazards which is consistent witt channels or floodways of any tributary to the main stream, or of any drainage
the standards established by the Minnesota Department of Natural Re ditch, or any other drainage facility or system.
sources. 2. Special Uses
3. Statement of Purpose Other uses are permitted only upon application to the Zoning Official and the
It is the purpose of this ordinance to promote the public health, safety, ant issuance of a Special Use Permit as provided in Section 35 -2184 of this
general welfare and to minimize those losses described in Section 35- 2110:2; ordinance and subject to the following Provisions:
by provisions contained herein. a. Residences. Where existing streets, utilities, and small lot sizes preclude
Section 35 -2120. GENERAL PROVISIONS the use of fill, other methods of elevating the first floor (including base-
1. Lands to Which Ordinance Applies ments) above the Regulatory Flood Protection Elevation may be
This ordinance shall apply to all lands within the jurisdiction of the Cif authorized, provided that the residence is flood proofed in accordance with
of Brooklyn Center shown on the Official Zoning Map as being locates the Minnesota State Building Code.
within the boundaries of the Floodway, Flood Fringe, or General Flow b. Non Residential Structures. Commercial, manufacturing, and industrial
Plain Districts. structures shall ordinarily be elevated on fill so that their first floor (in.
2. Establishment of Official Zoning Map eluding basement) is above the Regulatory Flood Protection Elevation
The Official Zoning Map together with all materials attached thereto i but may in special circumstances be flood- proofed in accordance with the
hereby adopted by reference and declared to be a part of this ordinance Minnesota State Building Code. Structures that are not elevated to above
The attached material shall include the Flood Insurance Study for the Cit, the Regulatory Flood Protection Elevation shall be flood proofed to FP -1
of Brooklyn Center prepared by the Federal Insurance Administration dates or FP -2 classification as defined by the Minnesota State Building Code.
August 17, 1981, and the Flood Boundary and Floodway Maps and Flow Structures flood- proofed to FP -3 or FP-4 classification shall not be
Insurance Rate Maps therein. The Offical Zoning Map shall be on file in thi miffed. per-
Office of the City Manager and the Planning Department. 3. Standards for Flood Fringe Uses
3. Regulatory Flood Protection Elevation a. Residential Uses. Residences that do not have vehicular access at or
The Regulatory Flood Protection Elevation shall be an elevation no lower above an elevation not more than two feet below the Regulatory Flood
than one foot above the elevation of the regional flood plus any increases iI Protection Elevation shall not.be permitted unless granted a variance by
flood elevation caused by encroachments on the flood plain that result fron the Board of Adjustment. In granting a variance the Board of Adjustment nt
designation of a ftoodway. s pecify limitations on the period of use or occupancy of the residence.
b. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and
parking lots maybe at elevations lower than the Regulatory Flood Pro
tection 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
n If the
tio
flood warning system that Provides adequate time for evacua
area would'inundate to a depth greater than two feet or be subject to flood
fj00 tieSgreater t! 4gatSlNrrf3 yiRf4dref?Attllaragiofta;;,
c• Manufacturing and Industrial Uses. Measures shall be taken to minimize
interferences with normal plant operations especially along; streams hav- 1. Hearings. Upon accepting an application for a Special Use Permit, the Zoning
ing protracted, flood durations. Certain accessory land uses such as yards Official shall submit by mail to the Commissioner of Natural Resources a `copy
and parking lots may be at lower elevations subject to requirements set of the application for proposed Special Uses sufficiently In advance so that the
out in Subsection b of this section. In,considering permit applications, due Commissioner of Natural Resources will receive at least tea days notice of the
consideration shall be given to needs of an industry whose business re hearings.'
quires that if be located in flood plain areas. 2. Decisions. The Brooklyn Center City Council shall arrive at a decision on a
Section 35- 2160. SUBDIVISIONS Special Use within 60 days of the City Planning: Commission hearing. In
No land shall be subdivided which is hold unsuitable by the Brooklyn Center City granting a Special 'Use Permit, the City Planning Commission may prescribe
Council for reason of flooding, inadequate drainage, water supply or sewage appropriate conditions and safeguards, in addition to those specified in Section
treatment facilities. All lots within the flood plain districts shall contain a building 35-21114:6, which are in conformity with the purposes of this ordinance.
site at or above the Regulatory Food Protection Elevation. All subdivisions shall Violations of such conditions and safeguards, when made a part of the terms
have water and sewage disposal facilities that comply with the provisions of this under which the Special Use Permit is granted, shall be deemed a violation of
ordinance and have road access both to the subdivision and to the Individual this ordinance punishable under Section 35 -1040. A copy of all decisions
building sites no lower than two feet below the Regulatory Flood Protection granting Special Use Permits shall be forwarded by mail to the Commissioner
Elevation. of Natural Resources within (10) days of such action.
Section 3S -2170. PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 3. Procedures to be followed by the City Planning Commission and City Council
I. .Public Utilities in Passing on Special Use Permit Applications Within the Flood Plain
All public utilities and facilities such as gas, electrical, sewer, and water Districts.
supply systems to be located In the flood plain shall be flood proofed in <'a. Require the applicant tofurnish a4ch of the following information and
accordance with the State Building Code or elevated to above the Regulatory additional information as deemed necessary by the City Planning Com-
Flood Protection Elevation. mission and City Council for determining he suitability of the articular
9 y p
2. Public Transportation Facilities site for the proposed use:
Railroad tracks, roads, and bridges to be located within the Floodway District 1. Plans in triplicate drawn to scale showing the galore, location,
shall a l ith Sections 35.2140:3a and b f this My o is ordinance.. Elevation to dimensions, and elevation of the lot, existing or proposed structures,
the Regulatory Flood Protection Elevation shall be provided Xvhere failure fill, storage of materials, flood- proofing measures, and the relation-
o
r interruption of these transportation facilities would result in danger to the ship of the above to the location of the stream channel
public health or safety or where such facilities are essential to the orderly 2. Specifications for building construction and materials, flood- proofing,
functioning of the area. Minor or auxiliary roads or railroads may be con filling, dredging, grading, channel improvement, storage of materials,
strutted at a lower elevation where failure or interruption of transportation water supply and sanitary facilities.
serviceswould not endanger the public health or safety. b. Transmit one copy of the information described in subsection (1) to a
Section 35 -2180. ADMINISTRATION designated engineer or, other expert p person or agency for technical'
The procedure for obtaining zoning approval for permitted and special uses in assistance, where necessary, in evaluating the proposed project in re
flood plain areas shall be as contained in Section 36 -2181 through 35 -2184. lation to flood heights and velocities, the seriousness of flood damage to
Section 35 -2181. ZONING OFFICIAL the use, the adequacy of the plans for protection, and other technical
The Zoning Official as defined in Section 35 -900 shall administer and enforce matters.
this ordinance. if he -she finds a violation of the provisions of this ordinance he-she c• Based upon the technical evaluation of the designated engineer or expert;
shall notify the person responsible for such violation, indicating the nature of the the City Planning Commission shall recommend and the City Council
violation, and ordering the action necessary to correct it. shall determine the specific flood hazard at the site and evaluate the
Section 35 -2182. USE PERMIT suitability of the proposed use in relation to the flood hazard.
1. Use Permit Required. A Use Permit issued by the Zoning Official in con- 4. Factors Upon Which the Decision of the City Planning Commission and City
formity with the provisions of this ordinance shall be secured prior to the Council Shall be Based. In passing upon Special Use applications, the City
erection, addition, or alteration of any building, structure, or portion thereof; Planning Commission shall consider all relevant factors specified In other
prior to the use or change of use of a building, structure, or land: prior 10 the sections of this ordinance, and
change or extension of a nonconforming use; and prior to the placement of fill a. The danger to life and property due to increased flood heights ar velocities
or excavation of materials within the flood plain. caused encroachments.
2. Application for Use Permit. Application for a Use Permit sh 11 be made in b• The danger r that materials may be swept onto other lands or downstream to
duplicate to the Zoning Official on forms furnished by hier and shall in- the injury of others.
c
clude the following where applicable: plans in duplicate drawn to scale, The proposed water supply and sanitation systems and the ability these,
systems to prevent disease, contamination, and unsanitary conditions.
showing the nature, location, dimensions, and elevations of the lot;' existing or d. The susceptibility of the proposed facility and its contents to flood damage
proposed structures, fill, or storage of materials; and the location of the and the effect of such damage on the individual owner.
foregoing in relation to the stream .channel. e. The importance of the services provided by the proposed facility to the
3. State and Federal Permits Prior to granting a Use Permit or processing an ity.
application for a Special. Use Permit or Variance, Zoning Official shall I. The communmun irementsaf the facility for a waterfront location.
determine that the applicant has obtained all necessary State and Federal g, The availability of alternative locations not subject to flooding for the
Permits. proposed use.
4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. h. The compatibility of the proposed use with existing development and
it shall be unlawful to use, occupy, or permit the use or occupancy of any development anticipated in the foreseeable future.
building or premise, or part thereof, hereafter created, erected, changed, I. The relationship of the proposed use to the Comprehensive Plan and Flood
converted, altered.or enlarged in its use or structure until a Certificate of Plain Management Program for the area.
Zoning Compliance shall have been issued by the Zoning Official stating that j. The safety of access to the property in times of flood for ordinary and
the use of the building or land conforms to the requirements of this ordinance. emergency vehicles.
k
S. Construction and Use to be provided in Applications, Plans, Permits, and The expected heights, velocity, duration, rate of rise, and sediment
Certificate of Zoning Compliance. Use Permits, Special Use Permits, or transport of the flood waters expected at the site.
Certificates of Zoning Compliance issued on the basis of approved plans and 1, Such other factors which are relevant to the purposes of this ordinance.
applications authorize only the use, arrangement, and construction set forth in 5. Time for Acting on Application. The City Planning Commission shall act on an
such approved plans and applications, and no other use, arrangement, or application in the manner described above within 30 days from receiving the
construction. Any use, arrangment, or construction at variance with that. application, except where additional information is required pursuant to
authorized shall be deemed a violation of this ordinance, and punishable as Section.35- 2184.3 of this ordinance. The City Council shall render a written
provided by Section 35 -1040 of this ordinance. The applicant shall be required decision within 60 days from the receipt of the City Planning Commission's
to submit certification by a registered professional engineer, registered ar- recommendation.
chitect, or registered land surveyor that the finished fill and building 6. Conditions Attached to Special Use Permits. Upon consideration of the factors
elevations were accomplished in compliance with the provisions of this or- listed above and the purpose of this ordinance, the City Planning Commission
dinance. Flood- proofing measures shall be certified by a registered and City Council may attach such conditions to the granting of Special Use
professional engineer or registered architect. Permits as if deems necessary to fulfil the purposes of this rodinance. Such
6. Record of First Floor Elevation. The Zoning Official shall maintain a record of conditions may include, but are not limited to, the following:
the elevation of the first floor (including basement) of all new structures or a. Modification of waste disposal and water supply facilities.
additions to existing structures in the flood plain districts. He -she shall also b. Limitations on period of use, occupancy, and operation.
maintain a record of the elevations to which structures or additions to c. Imposition of operational controls, sureties, and deed restrictions.
structures are flood proofed. d. Requirements for construction of channel modifications, dikes, levees, and
Section 35 -2183. BOARD OF ADJUSTMENTS other protective measures.
A Board of Adjustments is hereby established: e. Flood proo f measures, in accordance with the Minnesota State Building
1. The Brooklyn Center City Planning Commission shall serve as the Board of Code. The applicant shall submit a plan or document certified by a
Adjustment and Appeals of the municipality. When acting as the Board of registered professional engineer or architect that the flood- proofing
Adjustment and Appeals, the City's Planning Commission's recom• measures are consistent with the Regulatory Flood Protection Elevation
mendations shall be advisor to the City Council. y y C u ul• and associated flood factors for the articular area.
2. The Board of Adjustment shall adopt rules for the conduct of business and p
may exercise all of the powers conferred on such Boards by State Law. Section 35 -219 AMENDMENTS
3. Administrative Review. The Board of Adjustment shall hear and decide ap• The flood plain designation ignation on the Official Zoning Map shall not removed from
peals where it is alleged there is error in any order, requirement, decision, or flood plain areas unless can be sh hat the designation is in error that the
determination made by an administrative official in the enforcement or ad- area has been filled to or above th e e levation of the regional flood a is con
ministration of this ordinance. permit ermitt to lands outside the flood plain. Special exceptions to this rule may be
4. Variances and Appeals. The Brooklyn Center Planning Commission permitted by the Commissioner of Natural Resources if intended fs that,
acting through other measures, lands are adequately protected for r the the i ntended
the Board of Adjustments and Appeals, shall hear applications for variances e$
(adjustments) in accordance with Section 35 -240 of the City ordinances and All amendments to the Flood Plain Management regulations including amend.
appeals in accordance with Section 35 -250 of the City ordinances. ments to the Official Zoning Map must be submitted to and approved by the
The Commissioner of Natural Resources shall be notified at least 10 days prior Commissioner of Natural Resources prior to adoption. Changes in the Official
to a public hearing held to review such matters and shall also be no Zoning Map also require prior approval by the Federal Insurance Ad-
within 10days after a decision is rendered. No variance shall be granted which ministration.
would have the effect of allowing in any district uses prohibited in that district, Section 5. This ordinance shall become effective after adoption and upon thirty
degree of flood (30) days following its legal publication.
permit a lower de
g protection than the Regulatory Flood Adopted this =day of -19
Protection Elevation for the particular area, or permit standards lower than
those required by State law. Mayor
Section 35 -2184. SPECIAL USES ATTEST: Clerk
fe of
The Brooklyn Center City Planning Commission shall hear and decide ap- Da of Publication
plications for Special Uses permissible under this ordinance. Applications shall De e Daic
be submitted to the Zoning Official who shall forward the application to the City
Planning Lommi %lion for consideration. The Cjty Planning Commiss'on will (BnId ,°z• .mittc;-,..; pare thesesindicatemaiterlobedeI ted.)
make a recommendation to the City Council which will render the final decision
on the matter. Published in the Brooklyn Center Post January 14, 1982.)
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