5.5. PCSR 10-11-2011REQUEST FOR ACTION
TO ITEM NUMBER
Planning Commission 5.5
AGENDA SECTION MEETING DATE PREPARED BY
Planning Items October 11, 2011 Nicki Blake-Bradley, Environmental
Technician
ITEM DESCRIPTION REVIEWED By
Request by City of Elk River for Ordinance Amendment to Rebecca Haug, Environmental
Chapter 30 -Land Development Regulations, Article VI - Administrator
Zoning, Division I, Generally (Definitions) and Division 11, REVIEWED BY
Floodplain Management Peter Beck, City Attorney
ACTION REQUESTED
Staff recommends approval of the ordinance amendments as attached to conform to FEMA (Federal
Emergency Management Agency) requirements and maintain the City's eligibility for the National Flood
Insurance Program (NFIP).
OVERVIEW
In 2006, Sherburne County commenced a project to review and correct floodplain maps within
Sherburne County, including a detailed study of the Elk River and Trott Brook. The FIRM (Flood
Insurance Rate Map) Study has been completed and the new maps must be adopted by the City of Elk
River by November 16th. The ordinance has been amended to .comply with the rules and regulations of
the National Flood Insurance Program (NFIP) codified as 44 Code of Federal Regulations Parts 59 - 78,
as amended, in order to maintain the community's eligibility in the NFIP. The MN Department of
Natural Resources has been given the opportunity to review and provide comment regarding the
amendments as required by Section 30-1869.
Several defuiitions have been changed for this Division only and are therefore listed in Section 30-1861.
ATTACHMENTS
^ Ordinance Revision
Action Motion by Second by Vote
Follow Up
ORDINANCE NO. 1 I - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-I, DEFINITIONS, AND PORTIONS OF CHAPTER 30, ARTICLE VI,
DIVISION I I, FLOODPLAIN MANAGEMENT, OF THE ELK RIVER,
MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN
MANAGEMENT
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1 of the City of Elk River Code of Ordinances, titled Definitions,
shall be amended to add or amend the following definitions, as follows:
Conditional Use means uses specifically designated in each zoning use district which mawpermitted in such
use district only by a conditional use hermit, unless otherwise defined in another di~rision (for example,
floodplain management)
Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is
synonymous with the term "floodway fringe" ~ -used in the Flood
Insurance Study, Sherburne County, Minnesota 13nd Incorporated Areas.
Manufactured home, means a structure, not affixed to or part of real estate, transportable in one or more
sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length, or, when
erected on-site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used
as a dwelling with or without a permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air conditioning, and electrical system contained in it. A manufactured home is a
dwelling.- Tlie term `manufactured home' does not include the germ `recreatiotaal vehicle'.
Principal Use or structure-me~~ns all uses or strLrctures that are. not accessorlr uses or stnzctures.
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Structure unless otherwise defined in another division ffor example, floodplain managements as used in article
VI of this chapter, means anything constructed or erected, the use of which requires more or less permanent
location on the ground or attachment to something having a permanent location on the ground. When a
structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure.
.Variance, unless
otherwise defined in another division (for example floodplain management) means a modification or
variation of the provisions of this chapter as provided in section 30-325.
-`ariance, uThen u`ed in Division l1 of this article, aneans a modification of a specific permitted development
standards required in an official control includiza¢ tlvs ordinance but onl~p~lied to Tarticular prope~mT
for the ~umose of allec~iating a hardship, practic~~l difficultti-, or unique circumstances as defined znd
elaborated upon in a comn-aunitr s respective planning and zoning enablit~l;~ legislation-
Section 2. That Section 30-1861 of the City of Elk River Code of Ordinances, titled
Definitions shall be amended to read as follows:
Condition~~h use, when used in tlvs Di~7cion 11 means a ~t~ ecific ty-~e of struc:tuire or laraci use listed in the.
official control that may be allowed but onbly after an indepth review procedure and with. appropriate
conclitionc or restrictions as provided in the oftlcial coning controls or building codes and upon. a finding
that.:
a. Certain conditions as detailed in t:he zon.it~~ ardiz~~,nce ~;~ist.
b. The structure ancli or land use ccmfortxi__tc>_ tl~e comr~re:hensive land use t~lan and are, compatible
~ti~ith the existing neighborhood.
Lowest Floor -meant the lowest floor of the lowest enclosed area (including basement). An unfinished or
flood resistant enclosure used solely far parking of vehicles building access or storage in an area other than
a basement area, is not considered a building's lov=est floor.
Recreational Vehicle - means a vehicle that is built on a single chassis. is 400 sauare feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a
l~ht duty truck and is designed primarily not for use as a Permanent dwelling but as temporar~% living
quarters for recreational camping travel or seasonal use. The term recreational vehicle shall be synonl=mous
with the term travel trailer or travel vehicle
t~ is not used as tl~e residence of the owner or occupant;
(21 is used while engaged in recreational or vacation actiti-ities; and
(3 i is either self-nrotselled or towed on the _hi~h«-avs incidental to the recreatic>nah or
vacarion. actxvrtles.
Stn~ctw-e, when used in Division 11 of this .article, means an~~th>ing constricted or erected on the ,ground or
attached to the around or on-site utilities including, but not limited to. builcli~gs, factories. sheds. detached
g~~ra~es, cabins, manufactured horx~e5 recreational vehicles not meetin;r c,,,_ ritc~ria speca.Fiecl in Section 9.935 of
this Ordin.at~ce acid other similar items.
Sul~starati~al I7rxrraa~, as used in thvs division, means damage of any origin sustained ]~~a structure where the
cost of restoring the stricture to it before ciamr€tred condition tvc~uld equal or exceed 50 percent of=the market.
value of the structure before the damage occ~zt:red.
Sul~rtantial Im~rovem~nt as used in this di~~i4ion, means u>ithin and= 36.5-dal= perir~d, and rcconstruc-tion.
rel~abilit3tion {including normal maintenance ~sid repair. repair after damage additicm or other impro~-ernent
of a stricture the cost of which equals or exceed 5t? percent of the market value of the structure. before the
"Start of construction" of the inproc-ement 'T`his term includes structures that have incurred "substantial
damage" regardless of the actual ret~air work performed The term does not hou=ever, include either:
a Anv proiect for improvement of a cmxcture to correct existing violations of state or local health.
5anitarTT or safet; code specifications which have been identifie. i by the Iiuildinu Official and tivhich are the
nynimum necessar~tc> assure safesafe living conditic~.cas.
b ~lnv alteration of an "historic structure"~rovidc:d that the alteration will not preclude. the
ctructure'c continued desis~;x-~ation ac an "historic structure". For. the purpose of this dit-isi.on, "historic
structure" shall be defined in 44 Cade of Federal. Re~ula, bons part :i9.1.
Section 3. That Section 30-1863 of the City of Elk River Code of Ordinances, titled Findings
shall be amended to add subsection (c) as follows:
(a) The flood hazard areas of the city 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) This division is adopted to comply with the rules and regulations of the National Flood Insurance
Program codified as 44 Code of Federal Regulations Parts 59 - 78, as amended, so as to maintain the Cit<-'s
cli~ibilitr~ in the. National Flood Insurance Program.
Section 4. That Section 30-1865 of the City of Elk River Code of Ordinances, titled Lands to
which division applies, shall be amended to read as follows:
This division shall apply te-~1} only to those lands within the jurisdiction of the city shown on the official
zoning map and/or the attachments thereto as being located within the boundaries of the floodway or flood
fringe districts.
Section 5. That Section 30-1866 of the City of Elk River Code of Ordinances, titled
Compliance with Division, shall be amended to read as follows:
No new structure or land shall hereafter be used and no structure shall be constructed. located, extended,
converted, or structurally altered without full compliance with the terms of this division and other applicable
regulations which apply to uses within the jurisdiction of this division. Within the floodway and flood fringe
districts, all uses not listed as permitted uses or conditional uses in sections and 3C}-1913, respectively, shall be
prohibited.
Section 6. That Section 30-1867 of the City of Elk River Code of Ordinances, titled
Zoning map adopted, shall be amended to read as follows:
The official zoning map together with all materials attached thereto is hereby adopted by reference and
declared to be a paxt of this division. The attached material shall include the Flood Insurance Study,
Sherburne County, Minnesota and Incorporated Areas, the Map Index for Flood Insurance Stud-, Sherburne
Count, Iblinnesota and Incorporated Areas with iVlap Number 27141CIND0 A
and the Flood Insurance Rate Map panels therein,
~ed~o4~-4, 3~FlA numbered 2714100270 FE, 2714100295 F. 2714100360 FE, 2714100370 EF,
2714100380 EF 2714100385 EF, 2714100390 EF, 2714100395 EF, and 2714100410 EF all of these
documents being dated November 16, 2011 and prepared by the Federal Emergency Management Aged
The official zoning map shall be on file in the office of the city clerk.
Section 7. That Section 30-1869 of the City of Elk River Code of Ordinances, tifled
Amendments, shall be amended to read as follows:
(a) The floodplain designation on the official zoning map shall not be removed from floodplain 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
~e;~eed regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special
exceptions to this rule may be permitted by the state Commissioner of Natural Resources if he determines
that, through other measures, lands are adequately protected for the intended use.
(b) All amendments to this division, 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 Agenry's technical conditions and criteria and must
receive prior approval from the Federal Emergency Management Agency before adoption. The
Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an
amendment to this division, and the notice shall include a draft of the ordinance amendment or technical
study under consideration.
Section $. That Section 30-1870 of the City of Elk River Code of Ordinances, titled
Interpretation of division, determination of boundaries of districts, shall be amended to read as follows:
(a) In their interpretation and application, the provisions of this division shall be held to be minimum
requirements and shall be liberally construed in favor of the city council 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
Land Development Staff, the Board of Adjustments shall make the necessary interpretation. All decisions will
be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site
at the time the city adopted its initial floodplain regulations or on the date of the first National Flood
Insurance Program map showing the area within the 100-year flood plain if earlier. 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 Adjustments and to submit technical evidence.
Section 9. That Section 30-1871 of the City of Elk River Code of Ordinances, titled Effect of
division on existing easements, covenants or deed restrictions, shall be amended to add subsection (c) as
follows:
It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this division imposes greater restrictions, the provisions of this division shall
eerrtrel revail.
Section 10. That Section 30-1872 of the City of Elk River Code of Ordinances, titled Warning
and disclaimer of liability, shall be amended to read as follows:
This division does not imply that areas .outside the floodplain districts or land uses permitted within such
districts will be free from flooding or flood damages. This division shall not create liability on the part of the
city or any officer or employee thereof for any flood damages that result from reliance on this division or any
administrative decision lawfully made thereunder.
If any section, clause, Provision, or portion of this division is adjudged unconstitutional or invalid by a court
of competent jurisdiction the remainder of this division shall not be affected. therebv.
Section 1L That Section 30-1873 of the City of Elk River Code of Ordinances, titled Penalty;
additional remedies, shall be amended to read as follows:
(a) Violations of the provisions of this division or failure to comply with any of its requirements including
violations of conditions and safeguards, established in connection with grants of variances or conditional
uses, shall constitute a misdemeanor and shall be punishable as defined b,~.
(b) Nothing contained in this division shall prevent the city from taking such other lawful action as is
necessary to prevent or remedy any violation. Such actions may include but are not limited to the following:
(1) In responding to a suspected violation, the Land Development.
Staff and the city may utilize the full array of enforcement actions available to the city, 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 city must act in good faith to enforce these official controls and to correct violations to .the extent
possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2) When a violation is either discovered by or brought to the attention of the Land Development
Staff •, the Land Development Staff 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 state
Department of Natural Resources and Federal Emergency Management Agency regional office along with the
city's plan of action to correct the violation to the degree possible.
(3) The Land Development Staff shall notify the suspected party
of the requirements of this division 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, th.e Land
Development Staff may order the construction or development
immediately halted until a proper permit or approval is granted by the city. If the construction or
development is already completed, then the Land Development Staff may
either:
a. 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
b. 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.
(4) If the responsible party does not appropriately respond to the Land Development Staff leg
within the specified period of time, each additional day that lapses shall constitute
an additional violation of this division and shall be prosecuted accordingly. The Land Development Staff
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 division.
Section 12. That Section 30-1874 of the City of Elk River Code of Ordinances, titled
Miscellaneous restrictions, shall be amended to read as follows:
(a) Manufactured homes and travel trailers. New manufactured homes, replacement manufactured homes and
certain travel trailers and travel vehicles are subject to the general provisions of this division, and specifically
section. 30-1 x)35
(b) Nonconforming structures and uses. Modifications, additions, structural alterations. normal maintenance
or repair or repair after damage to existing nonconforming structures and nonconforming uses of structures
or land are regulated by the general provisions of this division, specifically section 30-1925 °
(c) Certification of elevation and flood_proofing. 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, architect, or surveyor as specified in the general provisions of this division,
specifically as stated in section 30-1892.
Section 13. That Section 30-1891 of the Ciry of Elk River Code of Ordinances, titled Duties of
building and zoning administrator, shall be amended to read as follows:
Sec. 30-1891. -Duties of l: and__D___evelot~ment Staff
(a) The Land. Development Staff of the city shall administer and enforce
this division. If the Land Development Staff finds a violation of the
provisions of this division, the Land Development. Staff b shall notify the
person responsible for such violation in accordance with the procedures stated in section 3O-18 i 3
(b) The band Development Staff 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 floodplain. The Land Development Staff shall also maintain a record of
the elevation to which structures or alterations and additions to structures are flood_proofed.
Section 14. That Section 30-1892 of the City of Elk River Code of Ordinances, titled Permits
and certificates, shall be amended to read as follows:
Sec. 3()-1892. -Permits and certificates.
(a) Permit required. A permit issued by the ktzg-a~~Land Development Staff ~dr~in
conformity with the provisions of this division shall be secured prior to the erection, addition, modification.
rehabilitation, replacement 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 septic s,, sue, prior to the change or extension of a nonconforming use"~rior to
the repair of a structure that has been dama~ued b~~ flood. fire. tornado, or any other source, and prior to the
placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
Where required by this division or any other provision of this article, such permits may require prior review
and approval by the planning commission and city council.
(b) Application for permit. Application for a permit shall be made in duplicate to the ~~~:~et
~a~e~ Land. Development Staff-_on forms furnished by the Land
Development Staff- 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 their 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 conditional use
permit or variance, the Land Development Staff shall determine that the
applicant has obtained all necessary state and federal permits.
(d) Certificate of zoning compliance. 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 1~ g
ad~~ Land. Development Staff-stating that the use of the building or land conforms to the
requirements of this division.
(e) Construction and use to comply with approved plans. Permits, Conditional L7use I?Irermits, 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 division and punishable as provided by section 30-1873
(f) Certification of elevation and flood_proofmg. 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 division. Flood_proofmg
measures shall be certified by a registered professional engineer or registered architect.
(mil Record of First Floor Elevation. The Land Development Staff 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 Land Development Staff shall also maintain a record of the elevation to
which structures or alterations and additions to strictures are flood goofed.
,(h) Notifications for Watercourse Alterations. The Land Development .Staff shall notify. in riverine
situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the
community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit
to work in the beds of public eaters pursuant to Minnesota Statute. Chapter 103G~this shall suffice as
adequate notice to the Commissioner of Natural Resources. _•~ copy of said notification shall also be
submitted to the Chicago Regional Office of the Federal Emergency IbZanagement Agency (FEM:~).
Notification to FEM. `'hen Physical Changes Increase or Decrease the 100-year Flood Elevation. As
soon as practicable, but not later than six (6l months after the date such supporting information becomes
available, the Land Development Staff shall notify the Chicago Regional Office of FEMA of the changes by
submitting_a copy of said technical or scientific data.
Section 5. That Section 30-1893 of .the City of Elk River Code of Ordinances, titled Board of
Adjustments; appeals and variances, shall be amended to read as follows:
Sec. 30-1893. -Board of Adj~astmexit:s; appeals and variances.
(a) Variances may be provided as outlined in Division 2, subdivision II of this Article.
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~~bi in addition to the criteria set forth in Division 2
subdi`~ision II ~~-'~-of this article. The following additional variance criteria of the Federal Emergency.
Management Agency must be satisfied for the issuance of a variance for ani_pro~sert~~ within an~~ designated
r~~ilaxorl- floodwav:
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determination that the granting of a variance will. not result in increased flood heights, additional threats to
public safety. extraordinary t~ublic expense. create nuisances. cause fraud on or victimiza ion of the~ublic 2r
conflict with exiting_local laws or ordinances.
2;1 Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard. to afford relief.
(c) Hearings.
a
The Land
Development Staff -shall submit by mail to the state Commissioner of Natural Resources a copy of the
application for proposed variances sufficiently in advance so that the commissioner will receive at least ten
days' notice of the hearing on the variance.
(d~) Decisions; restrictions on variances..
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,. .. . A copy of all decisions granting variances shall be forwarded
by mail to the Commissioner of Natural Resources within ten days of such action. No variance shall be
granted which the City Council determines has or will have a tendenry to:
(1) Increase the height or duration of floodwaters.
(2) Result in the placement of an artificial obstruction which will restrict the passage of floodwaters
in such a manner as to increase the height of flooding.
(3) Result in incompatible land uses or uses which would be detrimental to the protection of surface
water and groundwater.
(4) Increase the financial burdens,imposed on the community land. areas within the city.
(5) Be not. in keeping with land use plans and planning objectives for the city or which will increase
or cause danger to life or property.
(6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of
the natural landforms, vegetation and the marshes and wetlands within the city.
(7) Include development of land and water areas essential to continue the temporary withholding of
rapid runoff of surface water which presently contributes to downstream flooding or water pollution or .for
land and water. areas which provide groundwater infiltration which diminishes the land area necessary to carry.
increased flows of storm water following a period of heavy precipitation.
(cam) Flood insurance notice; records and reports. The Land Develo ment Staff
a~~rtet-shall notify the applicant for a variance 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
$25.00 for $100.00 of insurance coverage, and that 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.. The city 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.
Section 16. That Section 30-1911 of the City of Elk River Code of Ordinances, titled Districts,
shall be amended to read as follows:
Sec. 3f)-1911. -Districts.
(a) Established. The floodplain areas within the jurisdiction of this division axe hereby divided into two
districts: floodway districts (FV~ and flood fringe districts (FF). The boundaries of these districts are shown
on the Federal Emergency Management Agency flood ,insurance rate maps for the
city or as defined in Section 30-1911 fib} and (~..
(b) Floodway District. The floodway district shall include those Zone AE areas designated as floodway on the
flood insurance rate map adopted in sec,.aon 30-186 7. The Floodway District shall also include those areas for
LX~est Twin Lake that are at or below the Ordinary High Water Level of 927.1 National CTeodetic Vertical
Datum, 1929 Adjustor rend.
(c) Flood Fringe District. The flood fringe district shall include those areas designated as floodwav fringe;
those areas designated as zone AE on the Flood Insurance Rate Map adopted in section 30-1867 but being.
located outside of the floodwav. and. those Zone A areas adjacent to West Tv~in Lake above the ordinary
high-water level of 927 1 (National Geodetic Vertical Datum 19?9 Adjustment) and at or below the regional
flood elevation of 929.1. (National Geodetic Vertical Datum. 1929 Adjustment(.
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(d) Applicability of other zoning regulations. The zoning districts as designated on the zoning map of the city
shall remain unchanged with the adoption of this division. The provisions of this division, including the
designation of floodplain areas, shall be in addition to all other provisions of this article. Whenever conflicts
occur between other provisions of this article and provisions of this division, the most restrictive provisions
shall apply.
Section 17. That Section 30-1912 (c) of the City of Elk River Code of Ordinances, titled
Floodway district, Conditional Uses generally shall be amended to insert subsection c as follows:
(c) Conditional uses generally. The following open space uses which require only accessory structures.
(temporary or permanent) or fill or storage of materials or equipment may be permitted in the floodwav
district only upon application to the Land Develo ment Staff- a~d~~and the
issuance of a conditional use permit by the City Council as provided in section ;30-1914. These uses are also
subject to the provisions of subsection (d) of this section, which applies to all floodwav conditional uses:
Section 18. That Section 30-1912 (c) of the City of Elk River Code of Ordinances, titled
Floodway district, Conditional Uses, to replace subsections 6 and 7 as follows:
(6) Placement of fill or construction of fences.
(7) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial
or condominium tie campgrounds""°°--~' `°-~'~°~ °--a `°--_~' - ~'~'-'~~, subject to the exemptions and
provisions of section 30-1935(c).
Section 19. That Section 30-1912 (d) of the City of Elk River Code of Ordinances, titled
Floodway district, additional standards for conditional uses, to replace subsections 4 as follows:
(4) Placement or sStorage of fill or similar material.
Section 20. That Section 30-1912 (d) of .the Citv of Elk River Code of Ordinances, titled
Accessory structures, to replace subsections 5 c to read as follows
L 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; ate
2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood
protection. elevation or properly flood_proofed: and:
3 To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic"
openings in the outside walls of the structure having a total net area of not less than one square inch for evert
sauare foot of enclosed area subject to flooding. There must be openings on at least two sides of the
structrure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to
the structure. Using human intervention to open a garage door prior to flooding will not satisfy this
reauirement for automatic openings.
Section 21. .That Section 30-1913 (e) 1 b 1 of the City of Elk River Code of Ordinances, rifled
Flood fringe district, standards for above grade enclosed areas shall be amended to add to read as follows:
1. The minimum area of openings in the walls where internal flooding is to be used as a flood_proofing
technique.
.There shall be a
minimum of two automatic openings on at least two sides of the structure and the bottom of all openings
shall be no higher thin one-foot above grade The automatic openings shall have a minimum net area of not
less than one squan-e inch for every square foot of enclosed area subject to flooding unless a registered
professional engineer or architect certifies that a smaller net area would suffice. The automatic oQpenings
may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the
automatic entry and exit of floodwaters without any form of human intervention.
Section 22. That Section 30-1913 (e) 4. of the City of Elk River Code of Ordinances, titled
Flood fringe district, Storage of Fill or similar material shall be amended to read as follows:
(4) Storage of fill or similar material. 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 unless the city is enforcing astate-approved shoreland management
ordinance. ,
- .The
plan must be prepared and certified by a registered professional engineer or other qualified individual
acceptable to the City Council. The plan may incorporate alternative procedures for removal of the material
from the floodplain if adequate flood warning time exists.
Section 23. That Section 30-1913 (e) 5. of the City of Elk River Code of Ordinances, titled
Flood fringe district, Storage of fill or similar material, shall be amended to read as follows:
(5) Placement or storage of materials and equipment.
Section 24. That Section 30-1914 of the City of Elk River Code of Ordinances, titled
Conditional Uses, shall be amended to read as follows:
Sec. 30-19].4. - {:;onditional uses.
Require the applicant to furnish such of the following information anal additional information as
deemed necessary by the Land Development Staff for determining_the suitabilit~~ of the particular site for the
proposed use;
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 stream channel• and
Specifications for builduig constn~ction and materials. flood proofing, filling. dredging. grading,
channel improvement¢ storage of materials, water supply and sanitary facilities.
Transmit one copy of the information described in subsection (1 to a designated engineer or other
expert person or agency for technical assistance,. where necessarv, in evaluating the proposed project in
relation to the flood heights and velocities. the seriousness of flood damage to the use, the adequacy of the
plans for protection. and other technical matters.
Based upon t11e technical evaluation of the designated engineer or expert. the City shall determine the
specific flood hazard at the site and evaluate the suitability- of the proposed use in relation to the flood hazard.
{d~) Notices. In addition to the notice requirements set forth in subdivision III of division 2 of this article,
the ~ , Land Development Staff shall submit by mail to the state
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 days' notice of the hearing. In addition, a copy of all
decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural
Resources or the designated representative within ten days of such action.
(e~) Decisions. 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.
jf)Criteria for approval. In passing upon conditional use applications, the city shall consider all relevant
factors specified in other sections of this division, and:
~a. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
~b. The danger that materials may be swept onto other lands or downstream to the injury of others,
or may block bridges, culverts or other hydraulic structures.
~e. The proposed water supply and sanitation systems and the ability of these systems to prevent
disease, contamination, and unsanitary conditions.
,(4)d. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
~.e. The importance of the services provided by the proposed facility to the community.
~€~ The requirements of the facility for a waterfront location.
7~. The availability of alternative locations not subject to flooding for the proposed use.
,~13. The compatibility of the proposed use with existing development and development anticipated
in the foreseeable future.
,~i. The relationship of the proposed use to the comprehensive plan and floodplain management
program for the area.
1U }. The safety of access to the property in times of flood for ordinary and emergency vehicles.
11 1~. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
expected at the site.
121. Such ather factors which are-the Citv determines are relevant to the purposes of this division.
(g3) Authority to impose conditions. Upon consideration of the factors listed in subsection (f?) of this section
and the purpose of this division, the city council shall attach such conditions to the granting of conditional
use permits as it deems necessary to fulfill the purposes of this division. Such conditions may include, but are
not limited to, the following.
~a. Modification of waste treatment and water supply facilities.
t~b. Limitations on period of use, occupancy, and operation.
~e. Imposition of operational controls, sureties, and deed restrictions.
~d. Requirements for construction of channel modifications, compensatory storage, dikes, levees,
and other protective measures.
~e. Flood proofing measures, in accordance with the state building code and this division. 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.
Secrion 25. That Chapter 30-1915 of the City of Elk River Code of Ordinances, titled
Nonconforming structures and uses, shall`be amended to read as follows:
Sec. 30-1.1)15. - Nonconforming structures and uses.
A structure or the use of a structure or premises which was lawful before the passage or amendment of the
ordinance from which this division is derived, but which is not in conformity with the provisions of this
division, may be continued subject to the following conditions:
t;~-1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity..
(2) 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
through FP-4 flood_proofing classifications) allowable in the State Building Code, except as further restricted
in subsection (3) and subsection (61 of this section.
(3) 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 ~ '
must be calculated into the current cost, which will include all costs such as cost of
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 30-1.912 or 30-191.3 for new structures,
depending upon whether the structure is in the floodway or flood fringe, respectively.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building
premises shall .conform to this division. The Land Develo ment Staff ~S~fisr-shall
be responsible for recording in writing instances of nonconforming uses which have been discontinued for a
period of 12 months and shall also be responsible for providing written notification of the discontinuance of
use to the appropriate party. The Assessor shall notify- the Land Development Staff in venting of instances of
nonconforming uses that have been discontinued for a period of 12 months.
(5) 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 division. The applicable provisions for establishing new uses or new
structures in sections ,30-1912 and 3C)-1913 will apply, depending upon whether the use or structure is in the
floodway or flood fringe district, respectively.
If a substantial improvement occurs, as defined in this division, from any combination of a building
addition to the outside dimensions of the existing building or a rehabilitation, reconstruction. alteration, or
other improvement to the inside dimensions of an existing nonconforming building. then the building
addition and the existing nonconforming building must meet the reduirements of Sections 30-1912 or 30-
1913 of this division fox new structures depending ubon whether the stricture is in the Floodway or Flood
Fringe District, respectively
Section 26. That Section 30-1931 of the City of Elk River Code of Ordinances, titled
Subdivisions shall be amended to read as follows:
Sec- 30-293.1. -Subdivisions.
(a) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding or inadequate
drainage, water supply or sewage. treatment facilities. Alllots within the flood_plain districts shall contain a
building site outside of the Floodway District at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage treatment facilities that comply with the provisions of this division
and have road access both to the subdivision and to the individual building sites no lower than two feet below
the regulatory flood protection elevation. For all subdivisions in the flood_plain, the floodway and flood
fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access
roads shall be clearly labeled on all required subdivision drawings and platting documents.
Section 27. That Section 30-1935 of the City of Elk River Code of Ordinances, titled
Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles shall be
amended to read as follows:
Sec. 30-1935. - ~•Ianufacturc:cl hotx~es and manufactured home ts,u°ks; placement of travel trailers and travel
~•ehicles.
(a) New manufactured home parks and expansions to existing manufactured home parks shall be subject to
the provisions placed on subdivisions by section 30-1931.
(b) The placement of new or replacement manufactured homes in existing manufactured home parks or on
individual lots of record that are located in floodplain districts will be treated as a new structure, and they may
be placed only if elevated in compliance with section 3t)-•1913. If vehicular road access for preexisting
manufactured home parks is not provided in accordance with section 30-1913(f)(1), then replacement
manufactured homes will not be allowed until the property owner develops a flood warning emergency plan
acceptable to the city council. 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 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.
(c) Recreational'"~°--~' "--''~~~ °`~ `~°--~' vehicles that do not meet the exemption criteria specified in
subsection (c)(1) of this section shall be subject to the provisions of this: division and as specifically spelled
out in subsections (c)(3) and (4) of this section.
(1) Recreational''"~~--~' `~°''~~~ °`a `~°--~'vehicles are exempt from the provisions of this division if
they are placed in any of the areas listed in subsection (c)(2) of this section and further if they meet the
following criteria:
a. The recreational ~°°__.:, ~.._:,~_ ~.. ~~..__.., vehicle shall have current licenses required for
highway use.
b. The `°-__.., ..._:,:,.. ~~ ~....__.., recreational vehicle shall be highway ready, meaning on wheels
or the internal jacking system, be attached to the site only by quick-disconnect type utilities commonly used in
campgrounds and trailer parks, and have no permanent structural type additions attached to it.
c. The `~---~' '-•-°"~~ ~° `°---~' recreational vehicle and associated use shall be permissible in
any preexisting underlying zoning use district.
(2) The following areas are exempted for placement of t~el¢recreational vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational vehicle parks or campgrounds.
. c..Existing condominium type associations.
(3) Recreational vehicles.'r....__.., ,.~_:,....,. _~a ......__.., __..i.:..,.... exempted under subsections (c)(1) and c
.(~. of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a
structural addition to the recreational ~~~__.., ,~.,.:,-.. ~.. ~....__:., vehicle or an accessory structure such as a garage
or storage building. The recreational ~~~----' `°°~'~-- ~° `~~-_~' vehicle and all additions and accessory structures
will then be treated as a new structure and shall be subject to the elevation/flood_proofing requirements and
the use of land restrictions specified in sections _30-1.9"12 and 3fi-1913. There shall be no development or
improvement on the parcel or attachment to the recreational vehicle that hinders the removal. of the
recreational vehicle to a flood free location should flooding occur.
(4) New commercial .recreational `-°--~' `°°~'~~° ~° `°°-_-' vehicle parks or campgrounds and the
expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:
a. Any new or replacement recreational `°°--~~' `°-"~"- ~° `-'----~' vehicle will be allowed in the
floodway or flood fringe districts, provided the recreational ``-°vehicle and its contents are placed on fill
above the regulatory flood protection elevation and proper elevated road .access to the site exists in
accordance with section 30-19130(1). No fill placed in the floodway to meet the requirements of this section
shall increase flood. stages of the 100-year or regional flood.
b. All new or replacement recreational.`°--_~' `°-~' ~°~ ~° `~-°--~' vehicles not meeting the
criteria of subsection (c)(4)a of this section may, as an alternative, be allowed as a conditional use if in
accordance with the following provisions and the provisions of section 30-19.14. The applicant must submit
an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall
be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time
and personnel exist to carry out the evacuation and shall demonstrate the provisions of subsection(c)111 of
this section will be met. All attendant sewage and water facilities for new or replacement `°°-_~' `°-~'~°~ ~~
etl3er-recreational vehicles must be protected or constructed so as to not be impaired or contaminated during
times of flooding in accordance with section 30-1934
Section 28. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
20.
John J Dietz, Mayor
ATTEST:
Tina Allard, City Clerk