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HomeMy WebLinkAbout0747 Ord (Flood Plain Overlay) t e e e . RESOLUTION NO. 92-27 BE IT RESOLVED, by the City Council of the City of Stillwater that an ordinance amendment has been adopted by the City Council amending the Stillwater City Code by amending Chapter 31, Subd. 22 the "Flood Plain Ordinance," and that the Council by four-fifths of its members, does find that the attached Title and Summary of the ordinance as prepared by the City Attorney, does clearly inform the public of the intent and effect of the ordinance and the form of publication is approved. This action is given as authorized by the Stillwater City Charter, Article V, ~f. The form that shall be published is as set forth hereafter: TITLE AND SUMMARY ORDINANCE NO. 747 AN ORDINANCE AMENDING THE CITY OF STILLWATER CITY CODE, BY AMENDING CHAPTER 31, SUBD. 22 FLOOD PLAIN OVERLAY DISTRICT 1. The ordinance prohibits certain development within the Flood Plain and the Flood Fringe of the st. Croix River within the City. 2. This ordinance provides for the procedure to be used and the standards to be applied when allowable development is being proposed within the Flood Plain and Flood Fringe of the st. Croix River within the City. 3. The ordinance defines the Flood Plain and Flood Fringe of the portion of the City within the st. Croix River. ~ e e e .. 4. The ordinance regulates subdivisions with the Flood Plain and the Flood Fringe of the st. Croix River within the City. 5. A printed copy of the ordinance is available for inspection by any person during the regular office hours of the City Clerk, and during regular office hours at the Stillwater Public Library. 6. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of Stillwater this I~~day of February, 1992. uJ4~ Wally Abrahamson, Mayor ATTEST: Ma~JO~~ Published: February 27, 1992 e ORDINANCE NO. 147 Subd. 22. FLOOD PLAIN OVERLAY DISTRICT Flood Plain Control 1. Authorization. The legislature of the State of Minnesota has in Minnesota statutes, Chapters 103F and 462 and Minnesota Rules 6120.510 delegated the responsibility to local governmental units to adopt regulations to control development in flood prone areas and minimize loses. 2. General Provisions. a. The Flood Plan Overlay District shall consist of all lands within the jurisdiction of the City of stillwater shown on the Flood Insurance Rate Maps (dated February 1, 1984) prepared by the Department of Housing and Urban Development with designated Zone A or numbered Zone A areas. These maps in addi tion to the Zoning District Map are the zoning map and are on file in the office of the city clerk. The Flood Insurance study for the Ci ty of Stillwater prepared by the Federal Insurance Administration dated February 1, 1984 and the water surface profiles and flood boundaries and flood maps therein are made a part of the official zoning map and this Ordinance. e b. Interpretation. Where there appears to be a conflict between a mapped flood plain boundary and actual field conditions, the City Council shall make the necessary interpretation based on elevations of the regional (100 year) flood profile and other available data. Anyone contesting the location of the boundaries shall be given a reasonable opportunity to present technical evidence and their case to the City Council. c. 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 control. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. d. 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 damage. This ordinance shall not create liability on the part of the City of Stillwater or any of its officers or employees for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made. e e. Severability: If any section, clause, provision or portion 1 Ie e e of this ordinance is decided unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. 3. Definitions. used in this cormnon usage application. Unless specifically defined below, words or phrases Ordinance shall have the same meaning as they have in in order as to give this Ordinance its most reasonable a. Accessory Use of Buildings - A subordinate use of buildings customarily incident to and located on the same lot as the principle building or use. b. Administrative Use Permit - A permit issued by the Community Development Director for a use or building. c. Basement. Any area of a structure including crawl space, having its floor or base subgrade (below ground level) an all four sides regardless of depth of excavation below ground level. d. Development. Any manmade change to improved or unimproved land, including but not limited to buildings or structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials. e. 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. f. Flood. A temporary increase in the flow of a stream or water level of a lake that results in the inundation of normally dry areas. g. Flood Frequency. The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. h. 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 stillwater. For the St. Croix River, the Flood Fringe includes the flood plain area between the ordinary high water mark of the river and the outer limits of the flood plain. For other water bodies the Flood Fringe includes the area between the ordinary high water mark and the designated flood plain. 1. Flood Plain. The river beds and land adjoining a watercourse which have been or may be covered by a regional flood. j. Flood proofing. A combination of structural provisions, 2 e e e changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damage. k. Flood Plain Overlay District. A special zoning district that regulates development in the flood plain in addition to the underlay zoning regulations. 1. Floodway. The channel of the water course and those portions of the adjoining flood plain which are required to carry and discharge the regional flood. For the st. Croix River, the floodway is defined as the river or lake area delineated by the ordinary high water mark. For Lily lake, Brick Pond and McKusick Lake, the floodway boundary is indicated on the flood map or designated based on a special study approved by the DNR and City Council. m. Freeboard. The factor of safety usually expressed in feet above a flood level for purposes of flood plain management. (Freeboard compensates for the many unknown factors that could contribute to flood heights greater than the height calculated for selected size flood and floodway conditions, such as wave action, bridge openings and the hydrological effect of urbanization of the watershed. One foot of freeboard is included in the regulatory flood elevation.) n. Historic structure. Any structure that is: 1. Individually listed on the state Registry of Historic Sites 2. Locally designated as an individual property or as a contributing element of a historic district by the Stillwater City Council through the process. established by the Stillwater Heritage Preservation Ordinance. The Stillwater heritage preservation program was certified by the Minnesota State Historic Preservation Office and the Department of the Interior on January 29, 1988. o. New Construction. Structures for which the start of construction commenced on or after the effective date of the flood plain management regulations. p. Obstructions. 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 by itself or by catching or collecting debris carried by the flow. 3 ,e q. Ordinary High Water Mark. A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is usually that point where the natural vegetation changes from predominately aquatic to predominately terrestrial. r. Principal Use or structure. All uses or structures that are not accessory uses or structures. s. Reach. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. t. 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 lOO-year recurrence intervaL Regional flood is synonymous with the term "base flood" used in the Flood Insurance study. u. - Regulatory Flood Protection Elevation. The Re.gulatory Flood Protection Elevation shall be an elevation one foot above regional flood level plus any increased in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. v. Special Use Permit (Conditional Use Permit). A use listed as a special use or conditional use in the zoning district regulations that may be approved only after reviewing the following criteria and finding that the use is not injurious to the neighborhood or otherwise detrimental to the public welfare and is in harmony with the general purposes of this ordinance. 1- 2. 3. 4. 5. e 6. The character and use of both adjoining and proximate land and buildings. 'fhe amount of traffic to be generated by the proposed use. The amount of noise, odor and glare which would emanate from the proposed use. The need for the screening of parking, loading, storage areas and other outdoor activities of the proposed us.e. Air pollution control and solid was.te storage and dis.posal measures. Other factors and conditions deemed to be important in 4 It the consideration of the request for a special or conditional use permit. w. structure. Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes or above ground utilities. x. Substantial Damage. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. y. Substantial Improvement. Any reconstruction, rehabilitation, addi tion or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or - 2. Any alteration of a "historic structurell provided that the alteration will not preclude the structure's continued designation as a "historic structurell. z. Variance. A modification of a development standard required in the zoning ordinance inclQding this Ordinance to allow an alternative development standard not stated as acceptable, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstances. 5 . General. All new construction or substantial improvements hereafter constructed within the Flood Plain OVerlay District shall meet these requirements or adhere to standard flood-proofing techniques and practices as required by this ordinance, by the State of Minnesota Department of Natural Resources and by the U.s. Army Corps of Engineers up to the Flood Protection Elevation. 6. Flood Proofing. Where flood proofing is incorporated into new construction or substantial improvements to existing structures, flood proofing measures shall be provided to the Flood Protection Elevation and designed to withstand flood velocities, depths, durations, forces and any other factors associated with the regional flood. A plan or document certified by a registered professional engineer or architect that the flood proofing measures are adequately e 5 e designed to withstand regional flood conditions shall be submitted to the City for approval before authorization is granted: for the proposed work. Authorized flood proofing measures shall include such provisions as the anchorage of structures to prevent floatation, the installation of watertight barriers over openings, the reinforcement of walls to resist water pressures, the use of material to reduce wall seepage, the construction or modification of water supply and waste disposal systems to prevent entry of flood waters, the placement of essential utilities above the flood protection elevation and subsurface drainage. Electrical and heating equipment within these structures shall be at or above the flood protection elevation for the site or shall be adequately flood proofed. 7 . Establishment of Zoning District. a. New construction or substantial improvements within the floodway or flood fringe shall be in full compliance with the terms of this ordinance. b. The flood plain areas within the jurisdiction of this Ordinance are hereby divided into two districts: Floodway District (PW) and Flood Fringe (FE). e 1. Floodway District. The Floodway District shall include those areas designated as floodway. 2. Flood Fringe. The Flood Fringe District shall include those areas outside of the floodway designated as unnumbered A Zones on the Flood Insurance Rate Map. c. The boundaries of these districts are shown on the Official Zoning Map. Within these districts all uses not allowed as permitted uses or permissible as conditional uses or special uses shall be prohibited. 8. Floodway District (FW). a. Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other Ordinance and provided they do not require structures, fill or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch or any other drainage facility or system. 1. Agr icul tural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, forestry and wild crop harvesting. e 6 e 2. Residential lawns, gardens, parking areas and play areas. 3. Private and public recreational uses such as picnic grounds, boat launching ramps, sw iroming areas, parks, wildlife and nature preserves, fishing areas,. and single or multiple purpose recreational trails. b. Conditional Uses. The following open spaces uses that require an accessory structure (temporary or permanent) or fill or storage of materials or equipment may be permitted in the Floodway District only after the issuance of a Conditional Use Permit. These uses are also subject to the provisions of Section c, Standards for Floodway Permitted or Conditional Uses. 1. 2. 3. 4. e 5. 6. Structures accessary to open space uses. Placement of fill. Extraction of sand, gravel and other materials. Marinas, boat rentals, docks, piers, wharves and water control structures. Campgrounds; tents or vehicles. structure works for flood control such as levees, dikes and floodwalls constructed to a height where the intent is to protect park lands for a flood frequency of 20 years or less. 7. Railroads, streets, bridges, utility transmission lines and pipelines. 8. Storage yards for equipment, machinery or materials. 9. Other uses similar in nature to uses described in Sections a and b which are similar to these uses. c. Standards for Floodway Permitted or Conditional Uses. e d. 1. All Uses. No structures, 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 permitted, conditional use which, alone or in combination adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway uses shall be subject to the following standards. Fill. 7 e 1. Any fill deposited in the floodway shall be no more than the minimum amount necessary to conduct a conditional use listed in Section b Conditional Uses. Generally, f ill shall be limited to that needed to grade or landscape that use and shall not in any way obstruct the flow of flood waters. 2. Spoil from dredging or sand and gravel operation shall not be deposited in the floodway unless it can be done in accordance with (a) of this section. 3. Fill shall be protected from erosion by vegetative cover. e. Accessory Structures, temporary or permanent, permitted as conditional uses by (b) conditional uses. 1. Accessory structures shall not be designed for human habitation. 2. Accessory structures, shall be constructed and placed on the site with the minimum obstruction to the flow of flood waters. a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and If practical, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. e b. c. Accessory structures shall be elevated on fill or be structurally dry flood proofed in accordance with the FP-l 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 and does not exceed 500 square feet in size. A 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 e 2. Any mechanical and utility equipment in a 8 e e e 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 material 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 Council. 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 l03G. Conununity-wide structural works for flood control intended to remove areas from the regulatory flood plain may not be allowed in the floodway. h. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the lOO-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 9. Flood Fringe District (FF). 8. Permitted Uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the Floodway District or in the underlying zoning use district. All permitted uses shall comply with the standards for Floodway Permitted Uses listed in Section 8(c) above and the "Standards for all Flood Fringe Permitted Uses" listed in Section (b) below. b. Standards for Flood Fringe Permitted Uses: 1. 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 f ill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structures erected thereon. 2. As an alternative to elevation on fill, accessory structure 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 9 e accordance with Section 8(e)(2)(c). 3. The cumulative placement of 1,000 cubic yards of fill on a development si te shall be allowable only as a Conditional Use, unless the fill is specifically intended to elevate a structure in accordance with Section 9(a} of this ordinance. 4. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation. 5. The provisions of Section 9(e} of this ordinance shall apply. c. Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with Section 9(b)(1 and 2) or any use of land that does not comply with the standards in Section 9(b)(3 and 4) shall only be allowable as a Conditional Use. An application for a Conditional Use Permit shall be subject to the standards and criteria and evaluation procedures specified in Section 9(d) and Section 14 of this ordinance. d. Standards for Flood Fringe Conditional Uses: - e 1. 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 or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base 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) it is designed to internally flood and is constructed with flood resistant material; and 3) it is used solely for parking of vehicles, building access or storage. The alternative elevation methods listed above are subj ect to the following additional standards: a. 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 design standards of the State Building Code and 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 10 e Urnes of flooding. b. Specific Standards for Above-grade, EnclosedAreas. 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: 1. 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 I 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. 2. That the enclosed area will be designed by 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. e 2. Basements. a. Residential basement construction are not allowed below the Regulatory Flood Protection Elevation. b. Nonresidential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with this Ordinance. 3. 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 proof ing must meet the FP-l 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 wi th 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. 4. When at anyone time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such e 11 e - e 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 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 fram the flood plain if adequate flood warning time exists. 5. storage of Materials and Equipment: a. The storage or processing of hazardous materiaLs that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited. b. storage of other materials or equipment may be allowed if readily removable from the area within the t.ime available after a flood warning and in accordance with a plan approved by the City Council. 6. The prOVlSlons of Section 9(e) of this ordinance shall also apply. e. standards for All Flood Fringe Uses: 1. 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. If a variance to this requirement is granted, the City Council 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. 2. 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 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. 3. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal operations along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may 12 I- I I I I e e be at lower elevations subject to requirements set out in Section 9 ( e)( 2} above. In consider ing permi t applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, 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 property elevated to fill about the laO-year flood elevation FEMA I 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. 5. 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 has not been specified on the official zoning map. 10. Subdivision of Land. a. No Land shall be subdivided which is held unsuitable by the City Council for reason of flooding,. inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a required building site area at or above the regulatory flood protection elevation. All subdivisions shall have City water and sewage services and have road access both to the subdi vision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. In the Flood Plain District, applicants shall provide the information required in No. 14 of this section below. The City Council shall evaluate the section in accordance with procedures established in No. 14 below. b. No land in the Floodway shall be subdivided for development purposes. c. The Region Flood Plain Elevation shall be clearly labeled on all access roads and platted lots, 11. Manufactured Homes and Manufactured Home Parks, Travel Trailer, Travel Vehicles. e a. The permanent placement of manufactured homes, manufactured 13 e home parks and travel trailer and travel vehicles outside of an approved campground shall not be permitted in the Flood Plain. 12. Public utilities, Railroads, Roads and Bridges a. 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 Construction Codes or elevated to above the Regulatory Flood Protection Elevation. b. Public Transportation Facilities. Railroad tracks, roads and bridges to be located within the flood plain shall comply with Section 8 and 9 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. c. On site sewage treatment and water supply system shall not be allowed in the Flood Plain District. City utility services must be provided. e 13. Nonconforming Uses. a. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions: 1. No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. 2. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its market value unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. 3. Any substantial improvement or addi tion to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be flood proofed in accordance with the State Building Code. e 4. If any nonconforming use or structure is destroyed by 14 e any means, including floods, to an extent of 50 percent of 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 8 or 9 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe. 5. If any nonconforming use is discontinuous for twelve (12) consecutive months, any future use of the building premises shall conform to the use provisions of this ordinance. 14. Administration. e e a. Administrative Review. The City Council shall be the board of adjustment and hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a Community Development Director in the enforcement or administration of this Ordinance. b. Variances. The City Council may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the City Council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation 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. c. Hearings. Upon filing with the City Council of an appeal from a decision of the Cornmuni.ty Development Director or an appli.cation for a variance, the City Council shall fix a reasonable time for a heari.ng and give due notice to the parties in interest as specified by law. The City Council shall submit by mail to the Commissioner of Natural Resources, a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at. least ten (10) days notice of the hearing. d. Decisions. The City Council shall arrive at a decision on such appeal or variance with 60 days. In passing upon an appeal, the city Council may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, 15 e wholly or in part or modify the order, requirement, decision or determination of the Community Development Director. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the City Council may prescribe appropriate conditions and safeguards such as those spec if ied in Section I below which are in conformi ty wi th 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 17. 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. e. Appeals. Appeals from any decision of the City Council may be made and as specified in Minnesota Statutes. f. Condi tional Uses. The City Council shall hear and decide applications for condi tional uses permissible under this ordinance. Applications shall be submitted to the Community Development Director who shall forward the application to the City Council for consideration. g. Hearings. Upon filing with the City Council application for a Conditional Use Permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. e h. Decisions. The City Council shall arrive at a decision on a Conditional Use Permit within 60 days. In granting a Conditional Use Permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 1 below which are in conformity with the purposes of this ordinance. Violations of such conditions and saf eguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this ordinance and punishable under Section 17. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. i. Procedures to be followed by the City Council in passing on a Conditional Use Permit applications within all Flood Plain Districts: 1. Require the applicant to furnish the following information and additional information as deemed necessary by the Community Development Director for determining the suitability of the particular site for the proposed use: e 16 e a. Plans in triplicate 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 floodway or flood plain. b. Specifications for building construction and materials, flood proofing, filling dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. 2. Transmit one copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where determined by the Community Development Director, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. 3. Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. e j. The following are factors upon which the decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. e 6. The requirements of the facility for a waterfront 17 tit 9. location. 7. The availability of alternative locations not subject to flooding for the proposed used. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 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 emergency vehicles. 11. The expected he.ights, 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 purposed of this ordinance. Time for Acting on Application. The City Council shall act on an application. in the manner described above within 60 days from receiving the application, except that where additional information is required. The City Council shall render a written decision within 60 days from the receipt of such additional information. k. e 1. Conditions Attached to Conditional 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 Conditional Use Permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: Ie 1. Limitations on period of use, occupancy and operation. 2. Imposition of operational controls, sureties and deed restrictions. 3. Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures. 4. 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- proof ing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 18 e 15. Administrative Use Permit. a. Administrative Use Permit Required. An Administrative Use Permit issued by the Community Development Director in conformity with the provisions of this section 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 or excavation of materials or the storage of materials or equipment within the flood plain. b. Applicat.ion for Administrative Use Permit. Application for an administrative use permit shall be made in duplicate to the Community Development Director 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, f ill or storage of materials; and the location of the foregoing in relation to the floodway or flood plain. c. State and Federal Permits. Prior to granting an administrative use permit or processing an application for an Administrative Use Permit or Variance, the Community Development Director shall determine that the applicant has obtained all necessary state and Federal permits. - d. Certificate of Zoning Compliance for new construction, substantial improvements 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 of structure until a Certificate of Zoning Compliance has have been issued by the Community Development Director stating that the use of the building or land conforms to the requirements of this section. Where a nonconforming use of structure is extended or substantially improved, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this section. e. Construction and Use to be as Provided in the Application, Plans, Permits and Certificate of Zoning Compliance. Administrative Use Permits, Conditional Use Permits or certH icates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorization shall be deemed a violation of this ordinance - 19 e and punishable as provided in Section 17. f. Certification. The applicant shall be required to submit a 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 the approved plans and this section. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. g. Record of First Floor Elevation. The Community Development Director shall maintain a record of the elevation of the first floor (including basement) of all new structures or substantial improvements to existing structures in the flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are flood- proofed. 15. Variances. -- e a. Variances may be issued by the City Council for the repair or rehabilitation of historic structures upon a determination by the Stillwater Heritage Preservation Commission that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. b. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; 3. A determination that granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public or conflict with existing local laws or Ordinances. e. In passing upon such variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other section of this Ordinance, and: 1. The danger that materials may be swept onto other lands 20 I e 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. e to the injury of others; The danger of life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The importance of the services provided by the proposed facility in the cormnunity; The necessity of the facility of a waterfront location, where applicable; The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; The compatibility of the proposed use with existing and anticipated development; The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; The safety access to the property in times of flood for ordinary and emergency vehicles; The expected heights, velocity, duration, rate of rise and sediment transport of the floodwater and the effects of wave action and allowance for debris expected at the site; The costs of providing governmental services during and after flood conditions, including maintenance and repair of public facilities and facilities such as sewer, gas, electrical, water system and streets and bridges. f. Variances may be granted for new construction and substantial improvements to be erected on a lot of less than one-half acre contiguous to or surrounded by lots with existing structures constructed below the base flood level, provided subsection ( e) of this section has been fully considered and the land use is consistent with the comprehensive plan and the Zoning Ordinance. g. Upon consideration of the factors set forth in this section, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance or needed to protect the public health, safety or welfare. h. A City shall notify the applicant in writing over the signature of the Cormnunity Development Director that 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 as $25 for $100 of insurance coverage and the construction below the base flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions as required in paragraph (16)( i) of this section; and e 21 e L The City shall maintain a record of all variance actions, including justification for their issuance and report variances issued in its annual or biennial report submitted to the Department of Natural Resources. 17. 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 above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special except.ions 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 the notice shall include a draft of the Ordinance amendment or technical study under consideration. e 18. Penalties for Violation. a. Violation of the provisions of this Ordinance or failure to comply with any of its requirements, including violations of conditions of approval established in connection with grants of Variances or Conditional Uses, shall constitute a misdemeanor and shall be punishable as defined by law. b. Nothing shall prevent the City of Stillwater from taking such other lawful action as is necessary to prevent or remedy any violation. Action may include but is not limited to: 1. In responding to a suspected Ordinance violation, 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 measure or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City 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. 2. When an Ordinance violation is either discovered by or brought to the attention of the Community Development Director, the Community Development Director shall e 22 [H- I e e -- immediately investigate the situation and document the nature and extent of the violation. As soon as is reasonably possible, this information shall be submitted to the appropriate Department of Natural. Resources and Federal Emergency Management Agency Regional Office along with the city's plan to correct the violation. 3. The Community Development Director 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. If the structure or use is under construction or development, the Community Development Director may order the construction or development immediately halted until a lawful permit or approval is lawfully granted. If the construction or development is already completed,. then the Community Development Director may either 1) issue an order identifying the corrective action that must be made within a specified time period to bring the use or structure into compliance. 2) Grant approval within a specified period of time not to exceed thirty (30) days. 4. If the responsible party does not appropriately respond to the Community Development Director 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 Community Development Director 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. Adopted by Council this 19th day of November 1991. Attest: Jatfr ~ ftlk7~~.~ city cler Pub 1 ish: February 27 1992 23 e e. e Affidavit of Publication THE COURIER STATE OF MINNESOTA ) )ss. ) COUNTY (J' WASHINGTON Robert liberty , being duly sworn, on oath says that he Is the publisher or authorized agent and which are stated below: employee of the publisher of the newspaper known as The Courier, and has full knowledge of the facts (A) The newspaper has complied with all of the requirements constltullng qualification as a amended. qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as CITY OF STILLWATER (B) The prlnted.- ._.__n_________ .________.___.000.____________000 000_000000000 ______._n.__.....______...___m.m__ RESOLUTION NO. 92-27 which is attached was cut from the columns of said newspaper, and was printed and published once 1. . Thursday 27th each week, lor--m.-------m-successlve weeks; It was first published on--------------------, the --.----.- February 92 . day of _____m.__..___, 19---000'--, and was thereafter printed and published on every----m.------.----.to and Including the--------.mday 01-___000____000.__.___, 19---000000; and printed below Is a copy of the lower case alphabetlrom A to Z, both Inclusive, which Is hereby acknowledged as being the size and kind 01 type used In the composition and publication of lI1e notice: 4 abcdelghijklml10pqrstuvwxyz BY: RM1-- _ _' _ .__._ TITLE: Publisher Subscrib~ and sworn to belore me on this _dr. day of--f~bc~_~c.~._______., 19--q-~. . _~Cn~~ Notary Public RATE INFORMAllON (1) Lowest classified rate paid by com. mercial users for comparable space. (2) Maximum rate allowed by law lor the above matter (3) Rate actually charged for the above matter Received Payment-----.mm----m_... 1 g__.___ooo The Courier By --. ... -- --- ---- - ------.. ---____ ___ ___ __ 000 J~SO $._.__________.D._______.__. __ (line, word, or inch rate) $.._._.L19.S?_ (Lbe, word, or inch rate) $-_._l.~~Cl.Q_ (line, word, or Ince rate) I'~,' _' TITL.EANO . SUMMARY ORDINANCE NO. 741 AN ORDINANCE AMENDING THE crrv OF STILL.WATER C)iTYCODE,aV AMENDING CtiAPTIJ" .:U, SUIII'). alt flOOD PLAIN OVlRLAY' DISTRICT. . 1. The ordinance prohibits certain ..deVeIop- ment within the Flood Plain and .Ittcil Flood Fringe of the St. Croix River within the City. 2 This ordinance. provides for the proeecture to'~ Used aodthe. standards to be .applied when allowable dev~t is belniproP. within the Flood Plain andFIo9d F~ of the St Croix River within the City. . 3. The ordinance defines the FIoo,<f PIaU:' and FIo9d fringe Qf theportiQn of-theCltywlthln ,"e St. Croix River.. . with.. 4 n. QtdinenCe regulates subdiViSlOl'ls . . the Fk>od Plain and the FIoodF..mg. of ,"8 St. Croix River within the City. 5. A. printed.. fOPY. of theordlnanC9. is avalIIilllle.......... . for in8pIclIort _ any persondurlnOttMt ~ ofIlce hours of.the City Clerk, ~ during ~ hOurS at the $il1Watiilr Public Ubt8ry. 6. Effective Date. This ordinance shalYbtln full force and effect from and after its ~ and publication according to law. . .. Adopted by the City Council of Sti1lwMtf/lhlS 18thdayofFebruary,1~. .... IS/WllIlv A~ Wally AbrahamllOr1,' tAayOr A1lEST: Isf Ma{y LDI,I-/QhllSO(l Mary Lou "oht'lsGn. Clerk ..~~,.'. ~i: '2d1 ,.