HomeMy WebLinkAbout2004 08-12 PCP `l
PLANNING COMMISSION AGENDA
CITY OF BROOKLYN CENTER
AUGUST 12, 2004
STUDY SESSION
1. Call to Order: 7:30 p.m.
2. Roll Call
3. Approval of Minutes - July 15, 2004
4. Chairperson's Explanation
The Planning Commission is an advisory body. One of the Commission's functions is
to hold public hearings. In the matters concerned in these hearings, the Commission
makes recommendations to the City Council. The City Council makes all final
decisions in these matters.
5. Discussion Item
An Ordinance Amending Chapter 35 of the City Ordinances Regarding Flood Plain
Management
6. Adjournment
•
DRAFT
CITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of , 2004, at 7:00 p.m.
or as soon thereafter as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to
consider an Ordinance Amending Chapter 35 of the City Ordinances Regarding
Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please
contact the City Clerk at 763 -569 -3300 to make arrangements.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES
REGARDING FLOOD PLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby
amended in the following manner:
Section 35 -2110. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
2. Findings of Fact
c National Flood In surance Program Com}llianre This Ordinance is adoptedto comely
• with the ntles and reg nations of the National Flood Tnsurance Program codified as 44
Cone of Federal ReW tlations Parts 59-79, as amended, so a to maintain the cammunib
elia bility in the National Flood Insuranre Prcaram_
Section 35 -2120. GENERAL PROVISIONS.
2. Establishment of Official Zoning Map
The Official Zoning Map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this ordinance. The attached material shall include the
[Flood Insurance Study for the City of Brooklyn Center prepared by the Federal Insurance
Administration. ilat� d I el�t tz� l 7, l X18?, and & l load Boundary and l"' loodway :daps and
Flood Insurance bate :Mal.)s therein. all as amended by the attached Arn ndnient No. 1,
T S a V o l ume 1 o f 2 and Vn1nmP 2 of 2
prepared by Bat .I ng�rNeerttN�� Fl ood insiirdn�e ��iui�,
T- TennMin Coun Minnesota, all j risdictions and the Flood Insurance Rate_Map. pane ls
numbered 2705300203 E, 27053CO204 F,, 2 F,27053"? -9 F, 270"C'o212
2 7053CO216 F fQr the C' enter, d ated Sept m ,
the Federal Fmerg nc Man gem .nt Agency The official zoning map shall be on file m the
office of the City Clerk and the Zoning Administrator.
8. Definitions
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a. Floodway District. The Floodway District shall include those areas designated as
• floodway on the [Flood Boundary and Hoodway Map] Flood Insurance Rate Man
adopted in Section 35- 2120.2.
b. Flood Fringe District. The Flood Fringe District shall include those areas designated as
floodway fringe on the [Flood Boundan- and Floodway 1\ ap] Flood Insurance Rate Man
adopted in Section 35- 2120.2 as being within Zone AF., Zone AO or Zone A14 but being
located outside of the floodway
c. General Flood Plain District. The General Flood Plain District shall include those areas
designated as [ui)numl)ered AZwie] Zone A or Zones AF, Zone AO, or Zone AT-1
without a floodway on the Flood Insurance Rate Map adopted in Section 35- 2120.2.
2. Compliance
b. Modifications, additions, structural alterations, normal maintenance and repair or
repair after damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this ordinance and
specifically Section 35 -2200.
Section 35 -2140. FLOODWAY DISTRICT (FW).
4. Standards for Floodway Special Uses
• 3) (c) Accessory structures shall be elevated on fill or structurally dry flood - proofed in
accordance with the FP -1 or FP -2 flood - proofing classifications in the State
Building Code. As an alternative, an accessory structure may be flood - proofed to
the FP -3 or FP -4 flood - proofing classification in the State Building Code
provided the accessory structure constitutes a minimal investment, does not
exceed 500 square feet in size, and for a detached garage, the detached garage
must be used solely for parking of vehicles and limited storage. All flood -
proofed accessory structures must meet the following additional standards [,as
appi•opria te.] :
(1) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed to
equalize hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in a structure must be elevated
to or above the Regulatory Flood Protection Elevation or properly
flood - proofed.
(3) To allow for the equalization of hydrostatic pressure, there must he a
minimum of two "automatic" openings in the outside walls of the
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struc r e h vine a total net area of not less than one square inch far
q uare font of enclosed area subject to flan inQ There must be
• op�=Jn s on at least two sides of the structure and the bottom_ of all
- ust he no 'higber than one foot ahave the ]awest adjacent
gr ade to t h e stns wr_c_ e 1lsing h um n in ervention to a_ new garage dnar
prior to flooding will not satisfy this requirement for automat
opening
Section 35 -2150. FLOOD FRINGE DISTRICT (FF)
4. Standards for Flood Fringe Special Uses:
a. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the Regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or
above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or
floor of an enclosed area shall be considered above -grade and not a structure's
basement or lowest floor if: 1) the enclosed area is above -grade on at least one side of
the structure; 2) is designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles, building access or storage. The
above -noted alternative elevation methods are subject to the following additional
standards:
(1) Design and Certification - The structure's design and as -built condition must be
i certified by a registered professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the Regulatory Flood Protection
Elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding.
(2) Specific Standards for Above - Grade, Enclosed Areas - Above -grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
a) [' 'he] A minimum area of "automatic" openings in the walls where internal
flooding is to be used as a flood proofing technique. [When. openings are
placed in a structure's Nvalls to provide for entry of Iood waters to equalize
pressures.] There shall be a minimum of two ope nings on at learst least two sides
of the struc rr . nd the bottom of all openings shall be no higher than one-
foot above grade. The utomatic openin Ys shall have a minimum net area
of not 1 .ass t han one square inch far every s quare ot subiiect to flooding
unless a registered professional engineer or arch l architect cca i s h t a smaller
net area would suffice The automatic openings may be equipped with
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screens, louvers, valves, or other coverings or devices provided that they
• permit the automatic entry and exit of flood waters without a ny form of
human intervention; and
b) That the enclosed area will be designed of flood resistant materials in
accordance with the FP -3 or FP -4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
5. Standards for All Flood Fringe uses:
c. Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots
may be at elevations lower than the regulatory flood protection elevation. However, a
permit for such facilities to be used by the employees or the general public shall not be
granted in the absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth and velocity such that when
multinl)ing the depth in feet) times veln itv,_(in�feet_ second) he nmtert n urn h e
exc eed-, four (4) greater tha« two feet or be Sul} CCt tO flood. velocities (Y eater than four
fret per sect id] upon occurrence of the regional flood.
Section 35 -2190. ADMINISTRATION.
1. Zoning Administrator: A Zoning Administrator designated by the City Manager shall
administer and enforce this Ordinance. If the Zoning Administrator finds a violation of
the provisions of this Ordinance, the Zoning Administrator shall notify the person
• responsible for such violation in accordance with the procedures stated in Section 35-
2210 of the Ordinance.
2. Permit Requirements:
a. Permit Required. A Permit issued by the Zoning Administrator in conformity with
the provisions of this Ordinance shall be secured prior to the erection, addition,
modification, rehabilitation (including normal maintenance and repair), or alteration
of any building, structure, or portion thereof, prior to the use or change of use of a
building, structure, or land prior to the construction of a dam, fence, or on - site s ntic
System; prior to the change or extension of a nonconforming use; prior to the repair
of a structure that has been damagedhy flood, fire, tornado, nr any other so �r ;, and
prior to the placement of fill, excavation of materials, or the storage of materials or
equipment within the flood plain.
h_ Notifications for Watercourse Alternations The 7oning Administrator shall notiN
in riverine sitations, a�diacent communities and the C nmmission r of the D nartment
of Natural Resources prior to the community auth�y alteration or relocation
of a watercourse_ If the applicant lhac anr2 for a narmit to work in t he h ds of
public waters pursuant to Minnesota tote, ('hantar 1(l3CT, this shall suffice as
adequate notice to the Commissioner of N thiral Resource-,- A cony of said
r.
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notification sh all also he submitted to the Chicago Regional office of the Federal
Fpm rgensy genr,4 MAi
• i Notification to FFMA XVhen Physical Changes Tncreace or D ecrease the 100 - )M
Flood Ele vation - As soon as is nract>cable., not later than six (6) months after the
date such s formation becomes v ilahle, the Zoning Admin istratorsha ll
no tify the Chicago Rtgjnnal Office of FFMA of the changes by submitting a con
said technical or scientific data_
3. Board of Adjustment:
C. Variances. The Board may authorize upon appeal in specific cases such relief or
Variance from the terms of this Ordinance as are consistent with the provisions of
Section 35 -240 of the Zoning Ordinance. In the granting of such Variance, the
Board of Adjustment shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in Section 35 -240 which justified the
granting of the Variance. No Variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower degree of flood protection than
the Regulatory Flood Protection Elevation for the particular area, or permit
standards lower than those required by State law. The following additional variance
criteria of th f-Federal Emergency Management A n�cy m Est he Satisfied
(11 Vari ances shall not he issued by a comm itnity within any designated reWilatD4
floodwa if an i =,crease, in flood levels during the h se flood discharge would
• result-
(2)- Variances shall only h issued i ssued by cn community upon n (i) a showing of good and
sufficient cau (ii) a determination that failure too ant tho variance. would result
in exreptional hardship to the applicant gnd(iii)a determination that the granting
of a variance wi ll not result in increased flood heights, ndditional threats toD uhlic
S f .N, xtr ordinarT p uhl� is expense, create nuisances, nause fraud on nr
victimizatio of the nnhlic, or conflict with existing local laws or ordinances.
(mil Va ri a nces shall only be issued upon a dete rtnination that the variance is the
minim >rri n .c ssarV, considering the flood hazard, to qfford relief.
Section 35 -2200. NONCONFORMING USES IN THE FLOOD HAZARD ZONES.
1. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Ordinance but which is not in conformity with the provisions of this
Ordinance may be continued subject to the following conditions. Historic st is ores, as
defined in Section 35-919.0-9 of this Ordinance, shall he subject to the provisions o
Sections 35 -2200, 1 a -1 e_
b. Any shaidural alteration or addition to a nonconforming structure or nonconforming
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use which would result in increasing the flood damage potential of that structure or use
shall be protected to the Regulatory Flood Protection Elevation in accordance with any
• of the elevation on fill or flood - proofing techniques ( i.e. , FP -1 thru FP -4 flood -
proofing classifications) allowable in the State Building Code, except as further
restricted in Subsection c below.
e. If any nonconforming use or structure [is destroyed by any means, including floods, to
Sul extent of 50 percent or more of its maf.ket value at the - time of destruction]
substantially di amazed, as defined in Section 35- 2120.8 of this Ordinance it shall not
be reconstructed except in conformity with the provisions of this Ordinance. The
applicable provisions for establishing new uses or new structures in Sections 35 -2140,
35 -2150, or 35 -2160 will apply depending upon whether the use or structure is in the
Floodway, Flood Fringe or General Flood Plain District, respectively.
£ Tf a substantial improvement occurs, ns defined in Section 35- 2120.9 of this Ordinance,
from any combination of a building addition to the outside dimensions of the existing
building or a rehabilitation, reconstnuction, alteration, or other improvement to the
inside dimensions of an existing nonconforming building, then the building nddition
as required by Section 35- 00.1(h ) above) and the existing nonconforming building
.
must meet the requirements of Section 15-i140 or 15-2150 of his Ordinance for new
stnictures, de ez nding upon whether the strncture is in the Floodwav or Flood Fringe
Distri ct, resectively r
• Section 35 -2220. AMENDMENTS. The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the [region al flood] regulatoryi flood
protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule
may be permitted by the Commissioner of Natural Resources if he determines that, through other
measures, lands are adequately protected for the intended use.
Section 2. This ordinance shall become effective after adoption and upon thirty days
following its legal publication.
Adopted this day of , 2004.
Mayor
ATTEST:
City Clerk
i
Date of Publication
• Effective Date
(Strikeouts indicate matter to be deleted, underline indicates new matter.)
•
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That area bounded by the following: County Road No. 10 on the north; State Highway 100
on the east and south; Xerxes Avenue on the west, except for Tract A, Registered Land
• Survey No. 1151.
Lot 1, Block 1, Metro Motors Addition; Lot 1, 2 and 3, Block 1, Regal Road Development
Addition; Lot 1, Block 6, Wangstad's Brooklyn Terrace Addition; Lot 1, Block 1, Chrysler
Motors Corporation 2nd Addition.
5. The following properties are designated as PUD/R3 (Planned Unit Development/Multiple
Family Residence):
Lots 1 through 13, Block 1, Estates of Riverwood Addition
Lots 1 through 8, Block 2, Estates of Riverwood Addition
Section 35 -2000. OVERLAY DISTRICTS. In addition to the land use districts listed in Section
3 5 -300 of this ordinance, the following Overlay Districts are hereby established:
1. Flood Plain District
2. Critical Area District
3. Historical Preservation District
4. CC Central Commerce Overlay District
Any land which is classified by this ordinance as being within an Overlay District shall be subject
to the regulations governing land use activities within 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.
1. Statutory Authorization
The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and
Chapter 368.01, delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the City Council of the City of
Brooklyn Center, Minnesota, does ordain as follows:
2. Findings of Fact
City of Brooklyn Center 35 -113 July 5, 2003
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, disruption of commerce and governmental services, extraordinary •
public expenditures for flood protection and relief, and impairment 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
reasonable method of analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
3. Statement of Purpose
It is the purpose of this ordinance to promote the public health, safety, and general
welfare and to minimize those losses described in Section 35- 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 Zoning Map and/or the attachments thereto as being located within the
boundaries of the Floodway, Flood Fringe, or General Flood 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 February 17, 102, and the Flood Boundary and Floodway Maps and
Flood Insurance Rate Maps therein, all as amended by the attached Amendment No. 1,
prepared by Barr Engineering. The Official Zoning Map shall be on file in the Office of the
City Clerk and the Zoning Administrator.
3. Regulatory Flood Protection Elevation
The Regulatory 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
City of Brooklyn Center 35 -114 City Ordinance
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 City 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 interpretation 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 and there is a formal
appeal of the decision of the Zoning Administrator, the Board of Adjustment shall
make the necessary interpretation. All decisions will be based on elevation on the
regional (100 year) flood profile and other available technical data. Persons contesting
the location of the district boundaries shall be given a reasonable opportunity to
present their case to the Board of Adjustment and to submit technical evidence.
5. Abrogation and 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
This ordinance does not imply that areas outside the flood plain 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 ordinance or any
administrative decision lawfully made thereunder.
7. Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected thereby.
City of Brooklyn Center 35 -115 City Ordinance
8. Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as to
give this ordinance its most reasonable application.
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 wetland or
lake that results in the inundation of normally dry areas.
Flood Frequency - the frequency for which it is expected that a specific flood stage or
discharge may be equalled or exceeded.
Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of
Brooklyn Center.
Flood Plain - the beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood.
Flood - Proofing - a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Flood way - the bed of a wetland or lake and the channel of a watercourse and those portions
of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.
Obstruction - any dam, wall wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which .
may impede, retard, or change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
Reach - a hydraulic engineering term 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.
City of Brooklyn Center 35 -116 City Ordinance
Regional Flood - a flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the
term "base flood" used in the Flood Insurance Study.
Regulatory Flood Protection Elevation - The Regulatory 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.
Section 35 -2130. ESTABLISHMENT OF ZONING DISTRICTS.
1. Districts
a. Floodway District
The Floodway District shall include those areas designated as floodway on the Flood
Boundary and Floodway Map adopted in Section 35- 2120.2.
b. Flood Fringe District
The Flood Fringe District shall include those areas designated as floodway fringe on
the Flood Boundary and Floodway Map adopted in Section 35- 2120.2.
C. General Flood Plain District
The General Flood Plain District shall include those areas designated as unnumbered
A Zones on the Flood Insurance Rate Map adopted in Section 35- 2120.2.
2. Compliance
No new structure or land shall hereafter be used and no structure shall be located, extended,
converted, or structurally altered without full compliance with the terms of this ordinance
and other applicable regulations which apply to uses within the jurisdiction of this ordinance.
Within the Floodway,, Flood Fringe and General Flood Plain Districts, all uses not listed as
permitted uses or special uses in Sections 35 -2140, 2150, and 2160 that follow, respectively,
shall be prohibited. In addition, a caution is provided here that:
a. New manufactured homes and replacement manufactured homes are subject to the
general provisions of this ordinance.
b. Modifications, additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated
by the general provisions of this ordinance and specifically Section 35 -2200.
City of Brooklyn Center 35 -117 City Ordinance
C. As -built elevations for elevated or flood - proofed structures must be certified by ground
surveys and flood - proofing techniques must be designed and certified by a registered
professional engineer or architect as specified in the general provisions of this •
ordinance and specifically as stated in Section 35 -2190 of this ordinance.
Section 35 -2140. FLOODWAY DISTRICT (FW).
1. Permitted Uses
a. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
b. Industrial - Commercial loading areas, parking areas, and airport landing strips.
C. Private and public 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 lawns, gardens, parking areas, and play areas.
2. Standards for Floodway Permitted Uses
a. The use shall have a low flood damage potential.
b. The use shall be permissible in the underlying zoning district if one exists.
C. The use shall not obstruct flood flows or increase flood elevations and shall not
involve structures, fill, obstructions, excavations or storage ofmaterials or equipment.
3. Special Uses
a. Structures accessory to the uses listed in Section 35- 2140.1 above and the uses listed in
subsection b through g below.
b. Extraction and storage of sand, gravel, and other materials.
C. Marinas, boat rentals, docks, piers, wharves, and water control structures.
d. Railroads, streets, bridges, utility transmission lines, and pipelines.
e. Storage yards for equipment, machinery, or materials.
City of Brooklyn Center 35 -118 City Ordinance
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f. Placement of fill.
g. Structural works for flood control such as levees, dikes and floodwalls constructed to
any height where the intent is to protect individual structures and levees or dikes where
the intent is to protect agricultural crops for a frequency flood event equal to or less
than the 10 -year frequency flood event.
4. 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 that will cause any increase in the stage of the 100 -year or
regional flood or any obstruction of flood flows or increase in flow velocity, or cause
an increase in flood damages in the reach or reaches affected.
b. All floodway Special Uses shall be subject to the procedures and standards contained
in Section 35- 2190.4 of this ordinance.
C. The special use shall be permissible in the underlying zoning district if one exists.
d. Fill
1) Fill, dredge spoil and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap or
other acceptable method.
2) Dredge spoil sites and sand and gravel operations shall not be allowed in
floodway unless a long -term site development plan is submitted which includes
an erosion/sedimentation prevention element to the plan.
3) As an alternative, and consistent with Subsection 2 immediately above, dredge
spoil disposal and sand and gravel operations may allow temporary, on -site
storage of-fill or other materials which would have caused an increase to the
stage of the 100 -year or regional flood but only after the City has received an
appropriate plan which assures the removal of the materials from the floodway
based upon the flood warning time available. The Special Use Permit must be
title registered with the property in the Office of the County Recorder.
e. Accessory Structures
1) Accessory structures shall not be designed for human habitation.
City of Brooklyn Center 35 -119 City Ordinance
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.
3) 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.
c) Accessory structures shall be elevated on fill or structurally dry flood -
proofed in accordance with the FP -1 or FP -2 flood - proofing classifications
in the State Building Code. As an alternative, an accessory structure may
be flood - proofed to the FP -3 or FP -4 flood - proofing classification in the
State Building Code provided the accessory structure constitutes a minimal
investment, does not exceed. 500 square feet in size, and for a detached
garage, the detached garage must be used solely for parking of vehicles and
limited storage. All flood - proofed accessory structures must meet the
following additional standards, as appropriate:
(1) The structure must be adequately anchored to prevent flotation,
collapse or lateral movement of the structure and shall be designed to
equalize hydrostatic flood forces on exterior walls; and
(2) Any mechanical and utility equipment in a structure must be elevated
to or above the Regulatory Flood Protection Elevation or properly
flood - proofed.
f. 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 and in accordance
with a plan approved by the City of Brooklyn Center.
g. Structural Works for Flood Control that will change the course, current or cross
section of protected wetlands or public waters shall be subject to the provisions of
Minnesota Statute, Chapter 103G. Community -wide structural works for flood control
intended to remove areas from the regulatory flood plain shall not be allowed in the
floodway.
City of Brooklyn Center 35 -120 City Ordinance
h. A levee, dike or floodwall constructed in the floodway shall not cause an increase to
the 100 -year or regional flood and the technical analysis must assume equal
• conveyance or storage loss on both sides of a stream.
Section 35 -2150. FLOOD FRINGE DISTRICT (FF).
1. Permitted Uses: Permitted Uses shall be those uses of land or structures listed as Permitted
Uses in the underlying zoning use district(s).
If no pre - existing, underlying zoning use districts exist, then any residential or nonresidential
structure or use of a structure or land shall be a Permitted Use in the Flood Fringe provided
such use does not constitute a public nuisance. All Permitted Uses shall comply with the
standards for Flood Fringe "Permitted Uses" listed in Section 35- 2150.2 and the standards
for all Flood Fringe "Permitted and Special Uses" listed in Section 35- 2150.5.
2. Standards for Flood Fringe Permitted Uses:
a. All structures, including accessory structures, must be elevated on fill so that the
lowest floor, including basement floor, is at or above the Regulatory Flood Protection
Elevation. The finished fill elevation for structures shall be no lower than one (1) foot
below the Regulatory Flood Protection Elevation and the fill shall extend at such
elevation at least fifteen (15) feet beyond the outside limits of the structure erected
thereon.
b. As an alternative to elevation on fill, accessory structures that constitute a minimal
investment and that do not exceed 500 square feet for the outside dimension at ground
level may be internally flood - proofed in accordance with Section 2140.4e2c.
C. The cumulative placement of fill where at any one time in excess of one thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as a Special
Use, unless said fill is specifically intended to elevate a structure in accordance with
Section 35- 2150.2a.
d. The storage of any materials or equipment shall be elevated on fill to the Regulatory
Flood Protection Elevation.
e. The provisions of Section 35- 2150.5 of this Ordinance shall apply.
3. Special Uses: Any structure that is not elevated on fill or flood- proofed in accordance with Section
35- 2150.2a -b or any use of land that does not comply with the standards in Section 35- 2150.5 shall
only be allowable as a Special Use. An application for a Special Use Permit shall be subject to the
standards and criteria and evaluation procedures specified in Sections 35- 2150.4 and 35- 2190.4 of
this Ordinance.
City of Brooklyn Center 35 -121 City Ordinance
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4. Standards for Flood Fringe Special Uses:
a. Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the Regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings, parallel walls, etc., or
above - grade, enclosed areas such as crawl spaces or tuck under garages. The base or
floor of an enclosed area shall be considered above -grade and not a structure's
basement or lowest floor if 1) the enclosed area is above -grade on at least one side of
the structure; 2) is designed to internally flood and is constructed with flood resistant
materials; and 3) is used solely for parking of vehicles, building access or storage. The
above -noted alternative elevation methods are subject to the following additional
standards:
(1) Design and Certification - The structure's design and as -built condition must be
certified by a registered professional engineer or architect as being in compliance
with the general design standards of the State Building Code and, specifically,
that all electrical, heating, ventilation, plumbing and air conditioning equipment
and other service facilities must be at or above the Regulatory Flood Protection
Elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding:
(2) Specific Standards for Above - Grade, Enclosed Areas - Above - grade, fully
enclosed areas such as crawl spaces or tuck under garages must be designed to
internally flood and the design plans must stipulate:
a) The minimum area of openings in the walls where internal flooding is to be
used as a flood - proofing technique. When openings are placed in a
structure's walls to provide for entry of flood waters to equalize pressures,
the bottom of all openings shall be no higher than one foot above - grade.
Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of flood
waters.
b) That the enclosed area will be designed of flood resistant materials in
accordance with the FP -3 or FP4 classifications in the State Building Code
and shall be used solely for building access, parking of vehicles or storage.
b. Basements, as defined by Section 35 -900 of this Ordinance, - shall be subject to the
following:
1) Residential basement construction shall not be allowed below the Regulatory
Flood Protection Elevation.
City of Brooklyn Center 35 -122 City Ordinance
2) , Nonresidential basements may be allowed below the Regulatory Flood Protection
Elevation provided the basement is structurally dry flood - proofed in accordance
• with Section 35- 2150.4c of this Ordinance.
C. All areas of nonresidential structures including basements to be placed below the
Regulatory Flood Protection Elevation shall be flood- proofed in accordance with the
structurally dry flood - proofing classifications in the State Building Code. Structurally
- dry flood- proofing must meet the FP -1 or FP -2 flood - proofing classification in the
State Building Code and this shall require making the structure watertight with the
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads and
the effects of buoyancy. Structures flood - proofed to the FP -3 or FP -4 classification
shall not be permitted. `
d. When at any one time more than 1,000 cubic yards of fill or other similar material is
located on a parcel for such activities as on -site storage, landscaping, sand and gravel
operations, landfills, roads, dredge spoil disposal or construction of flood control
works, an erosion/sedimentation control plan must be submitted. The plan must
clearly specify methods to be used to stabilize the fill on site for a flood event at a
minimum of the 100 -year or regional flood event. The plan must be prepared and
certified by a registered professional engineer. The plan may incorporate alternative
procedures for removal of the material from the flood plain if adequate flood warning
time exists.
e Storage of Materials and Equipment:
g
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 and in accordance
with a plan approved by the City of Brooklyn Center.
f. The provisions of Section 35- 2150.5 of this Ordinance shall also apply.
5. Standards for All Flood Fringe Uses:
a. All new principal structures must have vehicular access at or above an elevation not
more than two (2) feet below the Regulatory Flood Protection Elevation.
City of Brooklyn Center 35 -123 City Ordinance
If a variance to this requirement is granted, the Board of Adjustment must specify
limitations on the period of use or occupancy of the structure for times of flooding and
only after determining that adequate flood warning time and local flood emergency
response procedures exist.
b. Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots
may be at elevations lower than the Regulatory Flood Protection Elevation. However,
a permit for such facilities to be used by the employees or the general public shall not
be granted in the absence of a flood warning system that provides adequate time for
evacuation if the area would be inundated to a depth 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 interference
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 Section 35- 2150.5b above. 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.
d. Fill shall be properly compacted and the slopes shall be properly protected by the use
of r_prap, vegetative cover or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the
100 -year flood elevation - FEMA's requirements incorporate specific fill compaction
and side slope protection standards for multi- structure or multi -lot developments.
These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
e. Flood plain developments shall not adversely affect the hydraulic capacity of the
channel and adjoining flood plain of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been specified on the Official
Zoning Map.
f. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of over -the -top or frame ties to
ground anchors. This requirement is in addition to applicable. state or local anchoring
requirements for resisting wind forces.
City of Brooklyn Center 35 -124 City Ordinance
g. If fill is placed or there is encroachment of any kind in the flood fringe, compensatory
storage of equal or greater volume than the encroachment upon the flood fringe must
i be provided within the flood plain. This encroachment shall not create any surcharge,
nor shall it create hazardous velocities.
Section 35 -2160. GENERAL FLOOD PLAIN DISTRICT.
1. Permissible Uses:
a. The uses listed in Section 35- 2140.1 of this Ordinance shall be permitted uses.
b. All other uses shall be subject to the floodway /flood fringe evaluation criteria pursuant
to Section 35- 2160.2 below. Section 35 -2140 shall apply if the proposed use is in the
Floodway District and Section 35 -2150 shall apply if the proposed use is in the Flood
Fringe District.
2. Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain
District.
a. Upon receipt of an application for a Special Use Permit for a use within the General
Flood Plain District, the applicant shall be required to furnish such of the following
information as is deemed necessary by the Zoning Administrator for the determination
of the Regulatory Flood Protection Elevation and whether the proposed use is within
the Floodway or Flood Fringe District.
1) A typical valley cross - section showing the channel of the stream, elevation of
land areas adjoining each side of the channel, cross - sectional areas to be
occupied by the proposed development, and high water information.
2) Plan (surface view) showing elevations or contours of the ground; pertinent
structure, fill, or storage elevations; size, location, and spatial arrangement of all
proposed and existing structures on the site; location and elevations of streets;
photographs showing existing land uses and vegetation upstream and
downstream; and soil type.
3) Profile showing the slope of the bottom of the channel or flow line of the stream
for at least 500 feet in either direction from the proposed development.
b. The applicant shall be responsible to submit one copy of the above information to a
designated engineer or other expert person or agency for technical assistance in
determining whether the proposed use is in the Floodway or Flood Fringe District and
to determine the Regulatory Flood Protection Elevation.
�.
City Ordinance
City of Brooklyn Center 35 -125
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Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200
shall be followed in this expert evaluation. The designated engineer or expert is
strongly encouraged to discuss the proposed technical evaluation methodology with i
the respective Department of Natural Resources' Area Hydrologist prior to
commencing the analysis. The designated engineer or expert shall:
1) Estimate the peak discharge of the regional flood.
2) Calculate the water surface profile of the regional flood based upon a hydraulic
analysis of the stream channel and overbank areas.
3) Compute the floodway necessary to convey or store the regional flood. An equal
degree of encroachment on both sides of the stream within the reach shall be
assumed in computing floodway boundaries.
C. The Zoning Administrator shall present the technical evaluation and findings of the
designated engineer or expert to the City Council. The City Council must formally
accept the technical evaluation and the recommended Floodway and/or Flood
Fringe District boundary or deny the permit application. The City Council, prior to
official action, may submit the application and all supporting data and analyses to
the Federal Emergency Management Agency, the Department ofNatural Resources
- or the Planning Commission for review and comment. Once the Floodway and
Flood Fringe Boundaries have been determined, the City Council shall refer the
matter back to the Zoning Administrator who shall process the permit application S
consistent with the applicable provisions of Section 35 -2140 and 35 -2150 of this
Ordinance.
Section 35 -2170. SUBDIVISIONS.
.1. Review Criteria: No land shall be subdivided which is unsuitable for the 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 treatment 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 (2) feet below the
Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory Flood Protection Elevation and
the required elevation of all access roads shall be clearly labelled on all preliminary plat
drawings.
City of Brooklyn Center 35 -126 City Ordinance
2. Floodway/Flood Fringe Determinations in the General Flood Plain District: In the
General Flood Plain District, applicants shall provide the information required in Section
• 3 5- 2160.2 of this Ordinance to determine the 100 -year flood elevation, the Floodway and
Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the
subdivision site.
3. Removal of Special Flood Hazard Area Designation: The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the 100 -year
flood elevation. FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi- structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of special flood
hazard area designation will be requested.
Section 35 -2180. 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 flood - proofed in accordance with
the State Building Code or elevated to above the Regulatory Flood Protection Elevation.
2. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within
the flood plain shall comply with Sections 35 -2140 and 35 -2150 of this Ordinance.
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 roads or railroads may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the public health or safety.
3. On -site Sewage Treatment and Water Supply Systems: Where public utilities are not
provided: 1) On -site water supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or replacement on -site sewage
treatment systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters and they shall not be
subject to impairment or contamination during times of flooding. Any sewage treatment
system designed in accordance with the State's current statewide standards for on -site
sewage treatment systems shall be determined to be in compliance with this Section.
Section 35 -2181. MANUFACTURED HOMES. Manufactured homes shall conform to the
definition contained in Section 35-900 of this ordinance and shall also be subject to the provisions of
Section 35 -530 regarding buildings in the RI and R2 districts. For the purposes of flood plain
regulation, manufactured homes shall be subject to the same restrictions as site built homes.
City of Brooklyn Center 35 -127 City Ordinance
Section 35 -2182. ADULT ESTABLISHMENTS.
1. Findings and Purpose. Studies conducted by the Minnesota Attorney General, the .
American Planning Association, and cities such as St. Paul, Minnesota; Indianapolis,
Indiana; Hopkins, Minnesota; Ramsey, Minnesota; Minnetonka, Minnesota; Rochester,
Minnesota; Phoenix, Arizona; Los Angeles, California; and Seattle, Washington have
studied the impacts that adult establishments have in those communities. These studies
have concluded that adult establishments have adverse impacts on the surrounding
neighborhoods. These impacts include increased crime rates, lower property values,
increased transiency, neighborhood blight, and potential health risks. Based on these
studies and findings, the City Council concludes:
& Adult establishments have adverse secondary impacts of the types set forth
above.
b. The adverse impacts caused by adult establishments tend to diminish if adult
establishments are governed by geographic, licensing, and health requirements.
C. It is not the intent of the City Council to prohibit adult establishments from
having a reasonable opportunity to locate in the city.
d. Minnesota Statutes, Section 462.357, allows the City to adopt regulations to
promote the public health, safety, morals and general welfare.
e. The ublic health, safety, morals. and general welfare will be promoted by the
p tY
City adopting regulations governing adult establishments.
2. Definitions: For purposes of this section, the following terms have the meanings given
them.
a. "Adult Establishment" means a business where sexually- oriented materials are
sold, bartered, distributed, leased, or finnished and which meet any of the
following criteria:
1) a business where sexually oriented materials are provided for use,
consumption, enjoyment, or entertainment on the business premises;
2) a business that is distinguished or characterized by an emphasis on the
description or display of specified sexual activities;
City of Brooklyn Center 35 -128 City Ordinance
3) a business that is distinguished or characterized by an emphasis on the
description or display of specified anatomical areas;
4) an adult cabaret as defined in Section 19 -1900, Subdivision 1;
5) a business providing sexually oriented materials only for off -site use,
consumption, enjoyment or entertainment if the portion of the business used
for such purpose exceeds 25% of the retail floor area of the business or 500
square feet, whichever is less.
b. "Sexually oriented materials" means visual, printed or aural materials, objects or
devices that are distinguished or characterized by an emphasis on the depiction or
description of specified anatomical areas or specified sexual activities.
C. "Specified Anatomical Areas" means:
1) Less than completely and opaquely covered human genitals, pubic regions,
buttocks, anuses, or female breasts below a point immediately above the top
of the areola; and
2) Human male genitals in a discernable turgid state, even if completely and
opaquely covered.
d. "Specified Sexual Activities" means:
1) Actual or simulated: sexual intercourse; oral copulation; anal intercourse;
oral -anal copulation; bestiality; direct physical stimulation of unclothed
genitals; flagellation or torture in the context of a sexual relationship; the use
of excretory functions in the context of a sexual relationship; anilingus;
buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia;
pederasty; pedophilia; piquerism; sapphism; or zooerastia;
2) Clearly depicted human genitals in the state of sexual stimulation, arousal,
or tumescence;
3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation;
4) Fondling or touching of nude human genitals, pubic regions, buttocks, or
female breasts;
City of Brooklyn Center 35 -129 City Ordinance
5) Situations involving a person or persons, any of whom are nude, who are
clad in undergarments or in sexually revealing costumes and engaged in the
flagellation, torture, fettering, binding, or other physical restraint of any
person;
6) Erotic or lewd touching, fondling, or other sexually oriented contact with an
animal by a human being; or
7) Human excretion, urination, menstruation, or vaginal or anal irrigation.
3. Adult establishments maybe located only as allowed by Section 35 -330 of this code.
Section 35 -2190. ADMINISTRATION.
1. Zoning Administrator: A Zoning Administrator designated by the City Manager shall
administer and enforce this Ordinance. If the Zoning Administrator finds a violation of
the provisions of this Ordinance, the Zoning Administrator shall notify the person
responsible for such violation in accordance with the procedures stated in Section 35-
2210 of the Ordinance.
2. Permit Requirements:
a. Permit Required. A Permit issued by the Zoning Administrator in conformity
with the provisions of this Ordinance shall be secured prior to the erection, •
addition, or alteration of any building, structure, or portion thereof; prior to the
use or change of use of a building, structure, or land; prior to the change or
extension of a nonconforming use; and prior to the placement of fill, excavation
of materials, or the storage of materials or equipment within the flood plain.
b. Application for Permit. Application for a Permit shall be made in duplicate to the
Zoning Administrator on forms furnished by the Zoning Administrator 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.
C. State and Federal Permits. Prior to granting a Permit or processing an application
for a Special Use Permit or Variance, the Zoning Administrator shall determine
that the applicant has obtained all necessary State and Federal Permits.
City of Brooklyn Center 35 -130 City Ordinance
d. 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 premises, 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 Administrator stating that the use of the
building or land conforms to the requirements of this Ordinance.
e. Construction and Use to be as Provided on Applications, Plans, Permits,
Variances and Certificates of Zoning Compliance. 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 other use, arrangement, or
construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this Ordinance, and punishable as
provided by Section 35 -2210 of this Ordinance.
f. Certification. The applicant shall be 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.
g. Record of First Floor Elevation. The Zoning Administrator shall maintain a
• record of the elevation of the lowest floor (including basement) of all new
structures and alterations or additions to existing structures in the flood plain. The
Zoning Administrator shall also maintain a record of the elevation to which
structures or alterations and additions to structures are flood - proofed.
3. Board of Adjustment:
a. Rules. 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.
b. Administrative Review. The Board 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.
City of Brooklyn Center 35 -131 City Ordinance
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C. Variances. The Board may authorize upon appeal in specific cases such relief or
Variance from the terms of this Ordinance as are consistent with the provisions of
Section 35 -240 of the Zoning Ordinance. In the granting of such Variance, the
Board of Adjustment shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in Section 35 -240 which justified the
granting of the Variance. No Variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower degree of flood protection
than the Regulatory Flood Protection Elevation for the particular area, or permit
standards lower than those required by State law.
d. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision
of the Zoning Administrator, or an application for a variance, the Board shall fix a
reasonable time for a hearing and give due notice to the parties in interest as
specified by law. The Board shall submit by mail to the Commissioner ofNatural
Resources a copy of the application for proposed Variances sufficiently in
advance so that the Commissioner will receive at least ten (10) days notice of the
hearing.
e. Decisions. The Board shall arrive at ,a decision on such appeal or Variance within
48 days of referral to the Board. In passing upon an appeal, the Board may, so
long as such action is in conformity with the provisions of this Ordinance, reverse
or affirm, wholly or in part, or modify the order, requirement, decision or
determination of the Zoning Administrator or other public official.
e its decision in writing setting forth the findings It shall make g g s of fact and the g
reasons for its decisions. In granting a Variance, the Board may prescribe
appropriate conditions and safeguards such as those specified in Section 35-
2190.4, which are in conformity with the purposes of this Ordinance. Violations
of such conditions and safeguards, when made a part of the terms under which the
Variance is granted, shall be deemed a violation of this Ordinance punishable
under Section 35 -2210. A copy of all decisions granting Variances shall be
forwarded by mail to the Commissioner of Natural Resources within ten (10) days
of such action.
f. Appeals. Appeals from any decision of the Board may be made, and as specified
in this Community's Official Controls and also Minnesota Statutes.
g. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall
notify the applicant for a variance that:
City of Brooklyn Center 35 -132 City Ordinance
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1) The issuance of a variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up to amounts as high
i as $25 for $100 of insurance coverage; and 2) Such construction below the
100 -year or regional flood level increases risks to life and property. Such
notification shall be maintained with a record of all variance actions. A
community shall maintain a record of all variance actions, including justification
for their issuance, and report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance Program.
4. Special Uses. The City Council shall hear and decide applications for Special Uses
permissible under this Ordinance. Applications shall be submitted to the Director of
Planning and Inspections who shall forward the application to the Planning Commission
for consideration.
a. Hearings. Upon filing with the Planning and Inspection Department an
application for a Special Use Permit, the Director of Planning and Inspection shall
submit by mail to the Commissioner of Natural Resources a copy of the
application for proposed Special Use sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice of the hearing.
b. Decisions. The City Council shall arrive at a decision on a Special Use within 48
days of a recommendation by the Planning Commission. In granting a Special
Use Permit, the City Council shall prescribe appropriate conditions and
safeguards, in addition to those specified in Section 35- 2190.4f, which are in
conformity with the purposes of this Ordinance. Violations of such conditions
and safeguards; when made a part of the terms under which the Special Use
Permit is granted, shall be deemed a violation of this Ordinance punishable under
Section 35 -2210. A copy of all decisions granting Special Use Permits shall be
forwarded by mail to the Commissioner ofNatural Resources within ten (10) days
of such action.
C. Procedures to be followed by the City Council in Passing on Special Use Permit
Applications Within all Flood Plain Districts.
1) Require the applicant to furnish such of the following information and.
additional information as deemed necessary by the City Council for
determining the suitability of the particular site for the proposed use.
a) Five Sets of Plans drawn to scale showing the nature, location,
dimensions, 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.
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City of Brooklyn Center
35 -133
9) The relationship of the proposed use to the comprehensive plan and flood
plain management program for the area.
10) The safety of access to the property in times of flood for ordinary and
emergency vehicles.
11) The expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters expected at the site.
12) Such other factors which are relevant to the purposes of this Ordinance.
e. Time for Acting on Application. The City Council shall act on an application in
the manner described above within 48 days from receiving a recommendation
from the Planning Commission on the application, except that where additional
information is required pursuant to Section 35- 2190.4d of this Ordinance, the City
Council shall render a written decision within 30 days from the receipt of such
additional information.
f. Conditions Attached to Special Use Permits. Upon consideration of the factors
listed above and the purpose of this Ordinance, the City Council shall attach such
conditions to the granting of Special Use Permits as it deems necessary to fulfill
the purposes of this Ordinance. Such conditions may include, but are not limited
to, the following:
1 Modification of waste treatment and water supply •
. ) PP Y facilities.
2) Limitations on period of use, occupancy, and operation.
3) Imposition of operational controls, sureties, and deed restrictions.
4) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
5) Flood - proofing measures, in accordance with the State Building Code and
this Ordinance. 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.
City of Brooklyn Center 35 -135 City Ordinance
Section 35 -2200. NONCONFORMING USES IN THE FLOOD HAZARD ZONES.
1. A structure or the use of a structure or premises which was lawful before the passage or
amendment of this Ordinance but which is not in conformity with the provisions of this
Ordinance may be continued subject to the following conditions:
a. No such use shall be expanded, changed, enlarged, or altered in a way which
increases its nonconformity.
b. Any alteration or addition to a nonconforming structure or nonconforming use
which would result in increasing the flood damage potential of that structure or
use shall be protected to the Regulatory Flood Protection Elevation in accordance
with any of the elevation on fill or flood - proofing techniques ( i.e. , FP -1 thru
FP-4 flood - proofing classifications) allowable in the State Building Code, except
as further restricted in Subsection c below.
C. The cost of any structural alterations or additions to any nonconforming structure
over the life of the structure shall not exceed 50 percent of the market value of the
structure unless the conditions of this Section are satisfied. The cost of all
structural alterations and additions constructed since the adoption of the
Community's initial flood plain controls must be calculated into today's current
cost which will include all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost of all previous and
• proposed alterations and additions exceeds 50 percent of the current market value
of the structure, then the structure must meet the standards of Section 35 -2140 or
35 -2150 of this Ordinance for new structures depending upon whether the
structure is in the Floodway or Flood Fringe, respectively.
d. If any nonconforming use is discontinued for 12 consecutive months, any future
use of the building premises shall conform to this Ordinance. The assessor shall
notify the Zoning Administrator in writing of instances of nonconforming uses
which have been discontinued for a period of 12 months.
e. If any nonconforming use or structure is destroyed by any means, including
floods, to an extent of 50 percent or more of . its market value at the time of
destruction, it shall not be reconstructed except in conformity with the provisions
of this Ordinance. The applicable provisions for establishing new uses or new
structures in Sections 35 -2140, 35 -2150, or 35 -2160 will apply depending upon
whether the use or structure is in the Floodway, Flood Fringe or General Flood
Plain District, respectively.
City of Brooklyn Center 35 -136 City Ordinance
Section 35 -2210. PENALTIES FOR VIOLATION.
1. Violation of the provisions of this Ordinance or failure to comply with any of its
requirements (including violations of conditions and safeguards established in
connection with grants of Variances or Special Uses) shall constitute a misdemeanor
and shall be punishable as defined by law.
2. 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. Such actions
may include, but are not limited to:
a. In responding to a suspected ordinance violation, the Zoning Administrator and
the City may utilize the full array of enforcement actions available to it including,
but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders
for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The community must act
in good faith to enforce these official controls and to correct ordinance violations
to the extent possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
b. When an ordinance violation is either discovered by or brought to the attention of
the Zoning Administrator, the Zoning Administrator shall immediately investigate
the situation and document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information will be submitted to
the appropriate Department of Natural Resources' and Federal Emergency
Management Agency Regional Office along with the Community's plan of action
to correct the violation to the degree possible.
C. The Zoning Administrator shall notify the suspected party of the requirements of
this Ordinance and all other Official Controls and the nature and extent of the
suspected violation of these controls. If the structure and/or use is under
construction or development, the Zoning Administrator may order the
construction or development immediately halted until a proper permit or approval
is granted by the Community. If the construction or development is already
completed, then the Zoning Administrator may either: 1) issue an order
identifying the corrective actions that must be made within a specified time period
to bring the use or structure into compliance with the official controls, or 2) notify
the responsible party to apply for an after -the -fact permit/development approval
within a specified period of time not to exceed 30 days.
City of Brooklyn Center 35 -137 City Ordinance
d. If the responsible parry does not appropriately respond to the Zoning
Administrator within the specified period of time, each additional day that lapses
shall constitute an additional violation of this Ordinance and shall be prosecuted
accordingly. The Zoning Administrator shall also, upon the lapse of the specified
response period, notify the landowner to restore the land to the condition which
existed prior to the violation of this Ordinance.
Section 35 -2220. AMENDMENTS. The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it can be shown that the designation is in error or
that the area has been filled to or above the elevation of the 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 determines that, through other measures, lands are adequately protected for
the intended use.
All amendments to this Ordinance, including amendments to the Official Zoning Map, must be
submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in
the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA)
Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given ten (10) days written notice of all hearings to
consider an amendment to this Ordinance and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
Section 35 -2230. GRADING AND EROSION CONTROL PLAN.
1. A satisfactory erosion control and grading plan consistent with the Minnesota Pollution
Control Agency's Best Management Practices Handbook must be approved by the City
Engineer before a grading or building permit is issued for construction, if the construction
will result in disturbing the soil.
2. The grading and erosion control plan must provide 2 foot contour lines with spot
elevations of proposed grades in relation to existing grades on the subject property and
adjacent land. Also, location and type of erosion control devices shall be clearly labeled.
3. Every effort shall be made to minimize disturbance of existing ground cover. To
minimize the erosion potential of exposed areas, restoration of ground cover shall be
provided within five (5) days after completion of the grading operation; in no event shall
erosion control devices be removed until ground cover is established.
4. Every effort shall be made during the building permit application process to determine the
full extent of erosion control required. However, the City Engineer may require additional
controls to correct specific site related problems as normal inspections are performed.
City of Brooklyn Center 35 -138 City Ordinance
5. All erosion control noted on the approved plan shall be installed prior to the initiation of
any site grading or construction. Noncompliance with the grading and erosion control plan
shall constitute grounds for an order from the City to halt all construction.
6. All grading and construction activity that results in disturbance of the ground shall comply
with Minnesota Pollution Control Agency's Best Management Practices.
Section 35 -2240. CC CENTRAL COMMERCE OVERLAY DISTRICT.
1. Land may be designated as being within the CC Central Commerce Overlay District by
city ordinance. Land use within any area so designated shall comply with the regulations of
this section in addition - to all regulations applicable to the underlying land use district
established in Sections 35 =300 through 35 -331 of this Code and other regulations as
applicable.
2. The following uses are allowed in the CC Central Commerce Overlay District:
a. Finance, insurance, real estate and investment office.
b. Medical, dental, osteopathic, chiropractic and optometric offices. The compounding,
dispensing or sale (at retail) of drugs, prescription items, patent or proprietary
medicines, sick room supplies, prosthetic devices or items relating to any of the
foregoing when conducted in the building occupied primarily by medical, dental,
osteopathic, chiropractic or optometric offices. •
C. The following office uses:
1) Legal
2) Engineering and architectural
3) Educational and scientific research (excluding laboratory facilities)
4) Accounting, auditing and bookkeeping
5) An urban planning agency
d. Beauty and barber services.
e. Funeral and crematory services.
f. Photographic services.
g. Apparel repair, alteration and cleaning pickup stations, shoe repair.
h. Advertising offices, provided that the fabrication of signs shall not be a permitted use.
City of Brooklyn Center 35 -139 City Ordinance