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ORD 11-05ORDINANCE NO. 11 - -05- CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 30 -1, DEFINITIONS, AND PORTIONS OF CHAPTER 30, ARTICLE VI, DIVISION 11, FLOODPLAIN MANAGEMENT, OF THE ELK RIVER, MINNESOTA, CITY CODE ALL PERTAINING TO FLOODPLAIN MANAGEMENT The City Council of the City of Elk River does herebv ordain as follows: Section 1. That Section 30 -1 of the Cite- of Elk River Code of Ordinances, titled Definitions, shall be amended to add or amend the following definitions, as follows: Condetional Use means uses specifically designated in each zoning use district which may be permitted in such use district only by a conditional use permit, unless otherwise defined in another division (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 And Incorporated Areas. Lowest Floor — means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. Manufactured home, unless otherwise defined in another division (for example floodplain management), 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. The term `manufactured home' does not include the term `recreational vehicle'. Principal Use or structure —means all uses or structures that are not accessory uses or structures. Recreational Vehicle — means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self- propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term recreational vehicle shall be synonymous with the term travel trailer or travel vehicle (1) is not used as the residence of the owner or occupant; (2) is used while engaged in recreational or vacation activities; and (3) is either self-propelled or towed on the highways incidental to the recreational or vacation activities. Structure, unless otherwise defined in another division (for example, floodplain management) 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. Section 2. That Section 30 -1861 of the City, of Elk River Code of Ordinances, titled Definitions shall be amended to add the follow ng: Conditional use, when used in this Division 11 means a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/ or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. Manufactured borne means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached to the required utilities. The term `manufactured home' does not include the term `recreational vehicle'. Structure, when used in Division 11 of this Article, means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting criteria specified in Section 1935 of this Ordinance and other similar items. Substantial Damage, as used in this division, means damage of any origin sustained by a structure where the cost of restoring the structure to it before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement, as used in this division, means, within any 365 -day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, 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 that have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: a. 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 Building Official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "historic structure ", provided that the alteration will not preclude the structure's continued designation as an "historic structure ". For the purpose of this division, "historic structure" shall be defined in 44 Code of Federal Regulations, part 59.1.Variance, when used in Division 11 of this article, means a modification of a specific permitted development standards required in an official control including this ordinance, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstances as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 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: (c) 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 City's eligibility 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 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 30 -1912 and 30 -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 part of this division. The attached material shall include the Flood Insurance Study, Sherburne County, Minnesota And Incorporated Areas, the Map Index for Flood Insurance Study, Sherburne County, Minnesota And Incorporated Areas with Map Number 27141CINDO A and the Flood Insurance Rate Map panels therein, numbered 27141CO270 F, 27141CO295 F, 27141C0360 F, 27141C0370 F, 27141C0380 F, 27141C0385 F, 27141C0390 F, 27141C0395 F, and 27141C0410 F, all of these documents being dated November 16, 2011 and prepared by the Federal Emergency Management Agency. 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, titled 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 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 Agency'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 8. 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. Wlere 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: (c) 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 prevail. 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 thereby. Section 11. 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 m sdemeanor and shall be punishable as defined by law. (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, the 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 parry does not appropriately respond to the Land Development Staff 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 Ricer 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 -1935 (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 -1915 (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 City 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 Land Development 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 shall notify- the person responsible for such violation in accordance with the procedures stated in Section 30 -1873 (b) 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 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. 30 -1892. - Permits and certificates. (a) Permit required. A permit issued by the Land Development Staff 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 system, prior to the change or extension of a nonconform ng use, prior to the repair of a structure that has been damaged by 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 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 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 Use Permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this division and punishable as provided by Section 30 -1873 (f) Certification of elevation and flood proofing. 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 proofing measures shall be certified by a registered professional engineer or registered architect. (g) 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 structures are flood proofed. (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 waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (i) Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevatiom As soon as practicable, but not later than six (6) 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 15. 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 Adjustments; appeals and variances. (a) Powers and duties of Board of Adjustments. The Planning Commission, which serves as the Board of Adjustments under this article pursuant to subdivision I1 of division 2 of this article, shall be the Board of Adjustments under this division., with the following powers and dunes: (1) The Board of Adjustments shall hear and decide appeals where itis alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this division. (2) The Board of Adjustments shall hear and decide requests for variances from the provisions of this division pursuant to the standards set forth in this section. In exercising these powers and dunes, the City Council shall follow the procedures, rules and regulations established in subdivision II of division 2 of this article. (b) Rules. The Board of Adjustments shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. (c) Variances generally. The Board of Adjustments may authorize upon appeal in specific cases such relief or variance from the terms of this division 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 subdivision II of division 2 of this article. In the granting of such variance, the Board of Adjustments shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in subdivision II of division 2 of this article which justified the granting of the variance. (d.) In addition to the criteria set forth in Division 2, subdivision 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 any property within any designated regulatory floodplain: 1. Variances shall only be issued upon a showing of good and sufficient cause, and a determination that failure to grant the variance would result in exceptional hardship to the applicant, and a 2. a determination the 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 exiting local laws or ordinances. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. No Variance shall have the effect of allowing in any district uses prohibiting 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. (e) Hearings. 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. (f) Decisions; restrictions on variances. In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards, such as those specified in Section 30- 1914(3), which are in conformity, with the purposes of this division. 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 division punishable under Section 30 -1873. 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 tendency 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. (g) Appeals from decisions of board. Appeals from any decision of the board may be made as specified in this article and Minnesota statutes. (h) Flood insurance notice; records and reports. The Land Development Staff 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. 30 -1911. - Districts. (a) Established. The floodplain areas within the jurisdiction of this division are hereby divided into two districts: floodway districts (FW) 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 (b) and (c). (b) Floodway District. The floodway district shall include those Zone AE areas designated as floodway on the flood insurance rate map adopted in - Section 30 -1867. The Floodway, District shall also include those areas for West Twin Lake that are at or below the Ordinary High Water Level of 927.1 (National Geodetic Vertical Datum, 1929 Adjustment). (c) Flood Fringe District. The flood fringe district shall include those areas designated as floodway fringe, those areas designated as zone AE on the Flood Insurance Rate Map adopted in Section 30 -1867 but being located outside of the floodway, and those Zone A areas adjacent to West Twin Lake above the ordinary high -water level of 927.1 (National Geodetic Vertical Datum, 1929 Adjustment) and at or below the regional flood elevation of 929.1 (National Geodetic Vertical Datum, 1929 Adjustment). ((I) Applicability of other zoning regulations. The zoning districts as designated on the zoning map of the cite 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. \Vhenever 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 floodway district only upon application to the Land Development Staff 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 floodway 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 type campgrounds, 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 subsection 4 as follows: (4) Placement or storage of fill or similar material. Section 20. That Section 30 -1912 (d) of the City of Elk River Code of Ordinances, titled Accessory structures, to replace subsection 5 c to read as follows: 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 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 every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure 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 requirement for automatic openings. Section 21. That Section 30 -1913 (e) 1 b 1 of the City of Elk River Code of Ordinances, titled 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 than one -foot above grade. The automatic openings shall have a minimum net area of not less than one square 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 openings 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. \Xlen 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 a state - 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 -1914. - Conditional uses. (a) Conditional Use Permits Generally. Application for conditional use permits, as required by this division, shall be reviewed by the Planning Commission and City Council in the same manner and according to the same procedures as other applications received under Subdivision III, Division 2 of this article. In addition, conditional uses in the floodway and flood fringe districts shall be subject to the standards and procedures set forth below: (b) Application for Conditional Use: In addition to the requirements of subdivision III, division 2 of this article, the City shall: (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Land Development Staff for determining the suitability of the particular site for the proposed use; 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 stream channel; and b. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supple and sanitary facilities. (2) Transmit one cops' of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to the 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- shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. (c) 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. (d) Decisions. The City Council shall arrive at a decision on a conditional use within sixty (60) days unless an extension is approved as allowed by state statute. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subsection (g) of this division, which are in confomtity with the purposes of this division. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this division punishable under Section 30 -1873. 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. (e) Criteria for approval. In passing upon conditional use applications, the city shall consider all relevant factors specified in other sections of this division, and: (1) The danger to fife 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 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. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibilir♦v of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and floodplam management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site. (12) Such other factors which the City determines are relevant to the purposes of this division. (f) 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: (1) Modification of waste treatment and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the state building code and this 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. Section 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 -1915. - 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: (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 (6) of this section. (3) The cost of any structural alterations or additions to any nonconforming structure over the fife 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 -1912 or 30- 1913 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 preen ses shall conform to this division. The Land Development Staff 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 writing 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 confomvty with the provisions of this division. The applicable provisions for establishing new uses or new structures in Sections 30 -1912 and 30 -1913 will apply, depending upon whether the use or structure is in the floodway or flood fringe district, respectively. (6) 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 requirements of Sections 30 -1912 or 30- 1913 of this division for new structures, depending upon whether the structure 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 -1931. - 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. All lots 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 traders and travel vehicles shall be amended to read as follows: Sec. 30 -1935. - Manufactured homes and manufactured home parks; placement of travel trailers and travel vehicles. (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 30 -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 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 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, exempted under subsections (c)(1) and (c) (2) 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 -1912 and 30- 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- 1913(f)(1). No fill placed in the floodwap to meet the requirements of this section shall increase flood stages of the 100 -pear or regional flood. b. All new or replacement recreational vehicles not meeting the criteria of subsection (c)(4)a of this section map, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 30 -1914. 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)(1) of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be unpaired 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 R v this 17th day of October, 2011. '�44 J (,j Di z, Mayo ATT /ESA/ Tina Allard, City Clerk 'RESOLUTION 11-63 " -OF THE OF RESOLUTION RIVER AFFIDAVIT OF PUBLICATION A RESOLUTION APPROVING NOTICE OF SUMMARY PUBLICATION OF ORDINANCE#11-05 OORDINANCE OF THE ITYAOFF GIVER STATE OF MINNESOTA ) SS SECTION30-1, COUNTY OF SHERBURNE ) DEFINITIONS,AND PORTIONS OF CHAPTER 30,ARTICLE VI,DIVISION 11,FLOODPLAIN MANAGEMENT,OF THE ELK RIVER,MINNESOTA, Heidi Quanrud,being duly sworn on oath says that she is the office manager of the CITY CODE ALL Newspaper known as the Star News,and has full knowledge of the facts which are stated PERTAINING TO FLOODPLAIN below: MANAGEMENT WHEREAS, on October 17, (A)The Newspaper has complied with all ofthe requirements constituting qualifications 2011 the Elk River City Colin- as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07 and other cil adopted Ordinance No. 11-05 amending Section 30-1, applicable laws,as ammended. Definitions, and portions of Chapter 30,Article VI,Divi- (B) The printed legal notice, which is attached was cut from the columns of said sion 11,Floodplain Manage- ment,of the Elk River,Minne newspaper and was printed and published once a week for one week;it was first published sot ,City Code all pertaining on Saturday,the 29th day of October,2011,and was therefore printed and published on to oodplain Management every Saturday to and including Saturday,the 29th day of October,2011,and printed below REAS, Ordinance rul nd is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby 11- 5 amends the rules and PY P Y re ations for property located acknowledged as being the size and kind of type used in the composition and publication of in the Floodplain areas of the the notice Citr in order to comply with the'rules and regulations of the Na onal Flood Insurance Pro- gr m (NFIP) codified as 44 abcdefghijklmnopgrstuvwxyz Code of Federal Regulations Parts 59-78, as amended,in order to maintain the City's eligibility for the NFIP.Cre definitions applicable to dplain areas within the Liliub . 0}6,,,,,,,,rm.ttk ity, establishes floodplain management overlay districts witiin the city,prescribes uses, conditional uses, accessory uses, building standards, Office Manager ad>fainistration,amendments, appeals,and penalties for the Subscribed and sworn to before me on application of those regula- tioins;and this 29th day of October,2011 ,04- SHELLY RAE WESTOVER WHEREAS, Ordinance No NOTARY PUBLIC 11+-05 sets forth rules and MINNESOTA regulations regarding non-con- t`' ^ �Commission Expires Jen.31,2015 forming uses, manufactured holmes, and recreational vehicles;and WHEREAS,This Resolution sets forth only a summary of Lj Ordinance No.11-05 and a copy th of the full text of Ordinance No 111-05 is available for inspec- Notary Public tioi by any person at the office of the Elk River City Clerk, 13065'Orono Parkway,during regular business hours 8:00 RATE INFORMATION a.m. to 4:30 p.m., Monday through Friday or on the City's w e e b s i t e at (1)Lowest classified rate paid by commercial $ 21.00 w w.elk-river.mn.us under Pr ss Releases;and users for comparable space OW,THEREFORE, BE IT (line,word or inch rate) uR SOLVED, that the City (2)Maximum rate allowed by law for the $ 15.50 C ncil,by at least four-fifths ve e,otatMotiaea a ►o - above matter ' Si of this`Rsaolxz as'a (line,word or inch rate) wary of Ordiaanxa No. (3)Rate actually charged for the above $ 15.00 i. ' ILO adopted thin°i7 matter Mtlerlrr, (line,word or inch rate) John J.Dietz, 2,802,018 Mayor ATTEST: Tina Allard, City Clerk (029)