6.2. SR 03-20-2000ity of
River
ITem ~6.2.
MEMORANDUM
TO:
MAYOR AND CITY COUNCIL
FROM:
DATE:
STEPHEN ROHLF, BUILDING AND
ZONING ADMINISTRATOR
MARCH 20, 2000
SUBJECT:
ORDINANCE AMENDMENT,
SECTION 902, FLOODPLAIN
MANAGEMENT ORDINANCE, BY
THE CITY OF ELK RIVER,
CASE # OA 00-3/P.H.
The Federal Emergency Management Agency (FEMA) is requiring that the City of Elk
River adopt revision to its Floodplain Ordinance. Failure to comply with this order
would make people living in Elk River ineligible for flood insurance through the National
Flood Insurance Program.
Attached to this memo is a copy of Section 902 of the City of Elk River Code of
Ordinances titled, "Floodplain Management Ordinance". Language proposed to be added
is underlined and language proposed to be deleted has a line through it.
The changes to the city's Floodplain Ordinance are as follows:
Four minor text changes outlined in the attached letter from Ogbazghi Sium, DNR
Waters, dated January 18, 2000. The proposed language changes to the city's
Floodplain Ordinance will have little affect on the city's administration of this
ordinance.
One of the proposed language changes titled, "Establishment of Official Map"
causes the city to adopt the most recent floodplain maps. The attached map with
the floodplain displayed on it is not the official map, but rather it has been
prepared by the City Engineer as a summary of all the various maps to be used as
an exhibit for the city's public hearings on this matter.
The new maps are basically the same as the previous ones with the exception that
Trott Brook and West Twin Lake now officially have floodplain associated with
them. The floodplain data associated with these water bodies has been available
to the city for quite some time and city staff has been using it to determine where
and how low houses can be located so the new maps do not cause any practical
change in the city's enforcement of the Floodplain Ordinance.
The Planning Commission is recommending approval of the proposed changes to the City
of Elk River's Floodplain Management Ordinance.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40__
January 18, 2000
Mr. Steve Rohlf
Building/Zoning Administrator
City Hall
PO Box 490
Elk River, MN 55330-0490
Dear Mr. Rohlf:
COlqDITIONAL STATE APPROVAL OF FLOODPLAIN ORDINANCE REVISIONS
On November 4, 1999, the Federal Emergency Management Agency advised Mayor Stephanie
Klinzing that the proposed revisions to the City of Elk River's Flood Insurance Rate Map
(FIRM) and Flood I. nsurance Study (FIS) will become effective on May 4, 2000. As of that date,
Elk River must amend its floodplain management regulations in accordance with Section 60.3(d)
of National Flood Insurance Program (NFIP) Regulations. '
As State Coordinator for the NFIP, I am writing this letter to offer our assistance in this effort. I
will outline below what changes I feel are necessary to bring the City's floodplain ordinance into
compliance with state and federal standards. I have coordinated these comments with Mr.
Vincent R. Parisi, NFIP coordinator for Minnesota in the FEMA Regional Headquarters in
Chic'ago, IL, and Mr. Larry Kramka, your DNR Waters' Area Hydrologist in Sauk Rapids,
Minnesota.
Amend Sections 902.02(2&3), 902.02(8)(M), and 902.04(1)(B) as follows:
- Amend Section 902.02(2) to read:
Establishment of Official Zoning Map: The Official Zoning Map together with all
materials attached thereto is hereby adopted by reference and declared to be a part of this
ordinance. The attached material shall include the Flood Insurance Study, Sherbume
County, Minnesota and Incorporated Areas, prepared by the Federal Emergency
Management Agency, dated May 4, 2000, and the Flood Insurance Rate Map panels
therein, dated May 4, 2000, and numbered 27141C0270 E, 27141C0360 E, 27141C0370
E, 27141C0380 E, 27141C0385 E, 27141C0390 E, 27141C0395 E, and 27141C0410 E.
The Official Zoning Map shall be on file in the Office of the City Clerk.
DNR Information: 651-296-6157
An Equal Opportunity Employer
Who Values Diversity
· 1-888-646-6367 · TrY: 651-296-5484 ° 1-800-657-3929
Printed on Recycled Paper Containing a
Minimum of 10% Post-Consumer Waste
January 18, 2000
Page 2
- Amend Section 902.02(3) to read:
Regulatory_ Flood protection Elevation. The Regulatory Flood Protection Elevation shall
be an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevations caused by encroachments on the floodplain that
result fi:om designation of a floodway. The Regulatory Flood Protection Elevation for
West Twin Lake, which is an approximate A zone without a regional/base flood elevation
published by the Federal Emergency Management Agency, shall be elevation 930.1
(National Geodetic Vertical Datum, 1929 Adjustment).
(8.3
- Amend Section 902.08(8)(M) to read:
Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall
be an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevations caused by encroachments on the floodplain that
result fi:om designation of a floodway. The Regulatory Flood Protection Elevation for
West Twin Lake, which is an approximate A zone without a regional/base flOod elevation
published by the Federal Emergency Management Agency, shall be elevation 930.1
(National Geodetic Vertical Datum, 1929 Adjustment).
- Amend Section 902.04(1)(B) to read:
Flood Fringe District. The Flood Fringe District shall include:
i. Those areas designated as Zone AE on the Flood Insurance Rate Map adopted in
· Section 2.2 that are located outside of the floodway.
ii. Those Zone A areas adjacent to West Twin Lake above the Ordinary High Water Level
of 927.1 (National Geodetic Vertical Datum, 1929 Adjustment).
You will have noticed by now that FEMA has added what is called an approximate 100 year
flood delineation for West Twin Lake which is also called an unnumbered A Zone. Defining the
flood fringe district boundary and a regulatory flood protection elevation for West Twin Lake, as
I have recommended above, will obviate the need for the city to adopt lengthy and complicated
administrative procedures in the ordinance language to do this same thing.
The Department of Natural Resources would consider, adoption of the aforementioned proposed
ordinance amendments for the City of Elk River as compliant with "Statewide Standards and
Criteria for Management of Floodplain Areas of Minnesota." We anticipate that the City will
January 18, 2000
Page 3
agree to make these revisions. Consequently, on behalf of the Commissioner of Natural
Resources, I hereby conditionally certify state approval of the above-cited ordinance revisions in
accordance with Minnesota Statutes, Section 103F. Please note that any changes to our
suggested ordinance revisions will require my prior approval before they would be valid.
This approval will be final upon DNR Waters' receipt of three (3) certified copies of the formally
adopted ordinance revisions cited above and a completed copy the Ordinance Certification
Checklist that I have enclosed. Please send these materials to Mr. Kramka at 940 Industrial
Drive South, Suite # 103, Sauk Rapids, MN, 56379. Please note also that Elk River is required
to send copies of hearing notices and final decisions relating to variances and conditional use
permits relating to this ordinance to ~is Department. Please send these notices directly to Mr.
Kramka and rely on him for day-to-day assistance in administering this ordinance.
Since Elk River's continued participation in the National Flood Insurance Program is
conditioned upon the community maintaining a compliant floodplain ordinance, we will forward
a copy of the adopted ordinance revisions to Mr. Parisi.
Should you have any questions conceming the necessary ordinance amendments, please contact
Mr. Kramka (320) 255-2976.
Sincerely,
DNR Waters,
~oazgm slum, Supervisor
Land Use Unit
Enclosure
C:
Vincent R. Parisi
Larry Kramka
ORDINANCE CERTIFICATION CHECKLIST
Please sig~ and return the checklist and all required documents to the DOW area
hydrologist's office when completed.
1. Date of published hearing notice.
2. Date of postmark of hearing not."¢e to
Commissioner of the Department of
Natural Resources/area hydrologist.
3. Date of hearing(s).
Date of ordinance adoption.
If ordinance is published in entirety,
date and affidavit of newspaper
publication of adopted ordinance.
(Include 3 copies.) .
If only ordinance summary published,
date and affidavit of newspaper
publication of ordinance title and
summary along with certified copy of
adopted ordinance in its entirety and
zoning map from Clerk/Auditor. (Include
3 copies.) '
Date of official filing of adopted
ordinance with County Recorder
( record book number
page number).
Board of Adjustment/Appeals has been
established.
*Note: Cities under charter must also submit a list of any additional requirements
for hearings, notices etc. stated in their charter. Please specify:
Signature of Clerk/Auditor
4D-1
SECTION 902 - FLOODPI~%IN F~%NAG~NT ORDINAlqCE
902.00 - STATUTORY AUTHORIZATION, FINDINGS OF FACT AlqD PURPOSE
1. Statutory Authorization. The legislature of the State
of Minnesota has, in Minnesota Statutes Chapter 103F and 462,
delegated the responsibility to local government units to adopt
regulations designed to minimize flood losses. Therefore, the
City Council of the City of Elk River (the City), Minnesota
does ordain as follows:
2. Findings of Fact.
A. Flood Hazard Area Losses. The flood hazard areas of
the City of Elk River, Minnesota, are subject to periodic
inundation which results in potential loss of life, loss of
property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
B. Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of analyzing
flood hazards which is consistent with the standards
established by the Minnesota Department of Natural
Resources.
3. Statement of Purpose. It is the purpose of this Ordinance
to promote the public health, safety, and general welfare and to
minimize those losses described in Section 902.00(2) (a) by
provisions contained herein.
902.02 - GENERAL PROVISIONS
1. Lands to Which Ordinance Applies. This ordinance shall
apply to all 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.
2. Establishment of Official Zoning Map. The official Zoning
Map together with all materials attached thereto is hereby
adopted by reference and declared to be a part of this Ordinance.
The attached material shall include the Flood Insurance
Study, Si~erburne County, Minnesota and incorporated Areas,
~renared ky }fhe Federal i!ime~.i~encv ~'~anac~ement Agency, daEed May ~:,
.~....'~r~i)C), and trie' -~r±c'..':,(-~ _,.ns..~_,~-r~ .,,~-:~-.-~ Rate Pla~ ~)~=~='LS ~n~..~.'=~, dated Hay
9.154
,-{ 2000, and · '~','~ '~ 2714 70 ,
, num~.e=ecl 1C02 E 27141C0395 E, and 27141C0410
........... ~ 1192, The Official Zoning Map shall be on file in
the Office of the City Clerk.
3. Re~ulator~ Flood Protection Elevation. The Regulatory
Flood Protection Elevation shall be an elevation no lower than
one foot above the elevation of the regional flood plus any
increases in flood elevation~ caused by encroachments on the
floodplain that result from designation of a floodway. The
2ecu!ator~ Flood Pr?~ec~ion Eleva~ion ~c,r West Twin Lake, which
..X~ ..... n lo,lo withc, t:t a reqional
/L~..e flood elevation
oublished by t~ r','fi .....
~ .~ ........... n ....Emerclenoy }lanaqement Agency, shall be
elevation o3~' ~ Naeiona~ ~ oder ....... ~.cal urlut:m, ! 9
A d ~ ., .
Interpretation.
A. In their interpretation and application, the provisions
of this Ordinance shall be held to be minimum requirements
and shall be liberally construed in favor of the Governing
Body 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 Building and Zoning Administrator, the Board of
Adjustment shall make the necessary interpretation. Ail
decisions will be based on elevations on the regional
(100-year) flood profile and other available technical
data. Persons contesting the location of the district
boundaries shall be given a reasonable opportunity to
present their case to the Board and to submit technical
evidence.
5. Abrogation and Greater Restrictions. It is not intended by
this Ordinance to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this
Ordinance imposes greater restrictions, the provisions of this
Ordinance shall control. Ail other ordinances inconsistent with
this Ordinance are hereby repealed to the extent of the
inconsistency only.
6. Warnin~ and Disclaimer of Liability. This Ordinance does
not imply that areas outside the floodplain districts or land
uses permitted within such districts will be free from flooding
9.155
or flood damages. This Ordinance 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 Ordinance or any
administrative decision lawfully made thereunder.
7. Severability. If any section, clause, provision, or
portion of this Ordinance is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this
Ordinance shall not be affected thereby.
8. Definitions. Unless specifically defined below, words or
phrases used in this Ordinance shall be interpreted so as to give
them the same meaning as found elsewhere in the City Code, or as
they have in common usage and so as to give this Ordinance its
most reasonable application.
BASEMENT: shall mean any area of a structure, including crawl
spaces, having its floor or base subgrade (below ground level) on
all four sides, regardless of the depth of excavation below
around level.
CONDITIONAL USE: shall mean a specific type of structure or land
use listed in this Ordinance or the City Zoning Ordinance that
may be allowed but only after the review procedure provided by
Section 900.42 of the Zoning Ordinance, and with appropriate
conditions and restrictions, as provided in the Zoning Ordinance
or building codes, and upon the findings required by Section
900.42.
EQUAL DEGREE OF ENCROACHMENT: shall mean a method of determining
the location of floodway boundaries so that floodplain lands on
both sides of a stream are capable of conveying a proportionate
share of flood flows.
FLOOD: shall mean a temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that results in the
inundation of normally dry areas.
FLOOD FREQUENCY: shall mean the frequency for which it is
expected that a specific flood stage or discharge may be equaled
or exceeded.
FLOOD FRINGE: shall mean that portion of the floodplain outside
of the floodway. Flood fringe is synonymous with the term
"floodway fringe" used in the Flood Insurance Study for the City.
FLOODPLAIN: shall mean the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or hereafter may be
covered by the regional flood.
FLOOD-PROOFING: shall mean a combination of structural
provisions, changes, or adjustments to properties and structures
9.156
subject to flooding, primarily for the reduction or elimination
of flood damages.
FLOODWAX: shall mean the bed of a wetland or lake and the
channel of a watercourse and those portions of the adjoining
floodplain which are reasonably required to carry or store the
regional flood discharge.
OBSTRUCTION: shall mean any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel
modification, culvert, building, wire, fence, stockpile, refuse,
fill, structure, or matter in, along, across, or projecting into
any channel, watercourse, or regulatory floodplain which may
impede, retard, or change the direction of the flow of water,
either in itself or by catching or collecting debris carried by
such water.
REACH: shall mean a hydraulic engineering term to describe a
longitudinal segment; of a stream or river influenced by a
natural or man-made obstruction. In an urban area, the segment
of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
REGIONAL FLOOD: shall mean a flood which is representative of
large floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence
interval. Regional flood is synonymous with the term "base
flood" used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION: shall mean an elevation
no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on
the floodplain that result from designation of a floodway. The
?.eguiauory F'iooct Prc, tecLion Elevation for West Twin Lake, which
STRUCTURE: shall mean 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, travel trailers/vehicles not
meeting the exemption criteria specified in Section 902.14(3) (A)
of this Ordinance and other similar items.
902.04 - ESTABLISHMENT OF ZONING DISTRICTS.
1. Districts. The floodplain areas within the jurisdiction of
this Ordinance are hereby divided into two districts: Floodway
9.157
Districts (FW) and Flood Fringe Districts (FF). The boundaries
of these districts are shown on the Federal Insurance
Administration Flood Boundary and Floodway Maps, City of Elk
River, Minnesota.
A. Floodway District. The Floodway District shall
include those areas designated as floodway on the Flood
Insurance Rate Map adopted in Section 902.02(2).
B. Flood Fringe District. The Flood Fringe District
. .;~nc~ ..... as Zone AE on E. ne Flood
inst.'r::~r:c~:' ...... :....::~' .... ~. i.{ap a,,-'i:',Lr=d...: ....... irt ,:ec._.l..~r;~'--
a::e ',. .~ c: a t_ e "J outside of the floodway.
C. The Zoning Districts as designated on the Zoning Map
of the City of Elk River shall remain unchanged with the
adoption of this Ordinance. The provisions of this
Ordinance, including the designation of Floodplain areas,
shall be in addition to all other provisions of the Zoning
Ordinance of the City of Elk River. Whenever conflicts
occur between other provisions of the Zoning Ordinance and
provisions of this Ordinance, the most restrictive
provisions shall apply.
2. Compliance. No new structure or land shall hereafter be
used and no structure shall be located, extended, converted, or
structurally altered without full compliance with the terms of
this Ordinance and other applicable regulations which apply to
uses within the jurisdiction of this Ordinance. Within the
Floodway and Flood Fringe Districts, all uses not listed as
permitted uses or conditional uses in Sections 902.06 and 902.08
that follow, respectively, shall be prohibited. In addition, the
following shall apply:
A. New manufactured homes, replacement manufactured homes
and certain travel trailers and travel vehicles are subject
to the general provisions of this Ordinance and
specifically Section 902.14.
B. Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures
and nonconforming uses of structures or land are regulated
9.158
by the general provisions of this Ordinance, specifically
Section 902.18, and,
C. As-built elevations for elevated or flood proofed
structures must be certified by ground surveys and flood
proofing techniques must be designed and certified by a
registered professional engineer, architect, or surveyor as
specified in the general provisions of this Ordinance,
specifically as stated in Section 902.16 of this Ordinance.
902.06 - FLOODWAY DISTRICT (FW)
1. Permitted Uses. The following uses have a low flood damage
potential and do not obstruct flood flows. These uses shall be
permitted within the Floodway District to the extent that they
are not prohibited by any other ordinance and provided all
permits or authorizations are received as may be required by
other City ordinances or regulations of other governmental
agencies having jurisdiction. In addition, no use shall
adversely affect the efficiency or unduly restrict the capacity
of the channels or floodways of any tributaries to the main
stream, drainage ditches, or any other drainage facilities or
systems, and no use shall adversely affect the quality or
quantity of ground water runoff or the quality of the natural
environment.
A. General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
B. Industrial-commercial loading areas, parking areas,
and airport landing strips.
C. Private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing
areas, and single or multiple purpose recreational trails.
D. Residential lawns, gardens, parking areas, and play
areas.
2. Standards for Floodwa~ Permitted Uses.
A. The use shall have a low flood damage potential.
B. The use shall not obstruct flood flows or increase
flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or
equipment.
9.159
3. Conditional Uses. 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 Building and
Zoning Administrator and the issuance of a conditional use permit
by the City Council as provided in Section 902.16 of this
Ordinance. These uses are also subject to the provisions of
Section 902.06(4) which applies to all floodway conditional uses:
A. Structures accessory to the uses listed in 902.06(1)
above and the uses listed in 902.06(3) (b)-902.06(3) (h)
below.
B. Extraction and storage of sand, gravel, and other
materials.
C. Marinas, boat rentals, docks, piers, wharves, and
water control structures.
D. Railroads, streets, bridges, utility transmission
lines, and pipelines.
E. Storage yards for equipment, machinery, or materials.
F. Placement of fill.
G. Travel trailers and travel vehicles subject to the
exemptions and provisions of Section 902.14(3) of this
Ordinance.
H. Structural works for flood control such as levees,
dikes and floodwalls constructed to any height where the
intent is to protect individual structures and levees or
dikes where the intent is to protect agricultural crops for
a frequency flood event equal to or less than the 10-year
frequency flood event.
4. Additional Standards for Floodwa~ Conditional Uses.
A. Ail Uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit,
obstruction, storage of materials or equipment, or other
uses may be allowed as a Conditional Use that will cause
any increase in the stage of the 100-year or regional flood
or cause an increase in flood damages in the reach or
reaches affected.
B. Ail floodway Conditional Uses shall be subject to the
procedures and standards contained in this Ordinance and in
Section 900.42 of the City Code.
9.160
C. The Conditional Use shall be permissible in the
underlying zoning district.
D. Fill.
i. Fill, dredge spoil and all other similar
materials deposited or stored in the floodplain shall
be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method.
ii. Dredge spoil sites and sand and gravel
operations shall not be allowed in the floodway unless
a long-term site development plan is submitted which
includes an erosion/sedimentation prevention element
to the plan.
iii. As an alternative, and consistent with
Subsection ii immediately above, dredge spoil disposal
and sand and gravel operations may allow temporary,
on-site storage of fill or other materials which would
have caused an increase to the stage of the 100-year
or regional flood but only after the City Council has
received an appropriate plan which assures the removal
of the materials from the floodway based upon the
flood warning time available. The Conditional Use
Permit shall be recorded in the Office of the County
Recorder.
E. Accessory Structures.
i. Accessory structures shall not be designed
or permitted for human habitation.
ii. Accessory structures, if permitted, shall be
constructed and placed on the building site so as to
offer the minimum obstruction to the flow of flood
waters. (1) Whenever possible, structures shall be
constructed with the longitudinal axis parallel to the
direction of flood flow, and, (2) So far as
practicable, structures shall be placed approximately
on the same flood flow lines as those of
adjoining structures.
iii. Accessory structures shall be elevated on
fill or structural dry flood proofed in accordance
with the FP-1 or FP-2 flood proofing classifications
in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the FP-3
or FP-4 flood proofing classification in the State
Building Code provided the accessory structure
constitutes a minimal investment, does not exceed
five-hundred (500) square feet in size, and for a
9.161
detached garage, the detached garage must be used
solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet the
following additional standards, as appropriate:
a. The structure must be adequately
anchored to prevent flotation, collapse or
lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on
exterior walls: and
b. Any mechanical and utility
equipment in a structure must be elevated to or
above the Regulatory Flood Protection Elevation
or properly flood proofed.
F. Storage of Materials and Equipment.
i. The storage or processing of materials that
are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life
is prohibited.
ii. Storage of other materials or equipment may
be allowed if readily removable from the area within
the time available after a flood warning and in
accordance with a plan approved by the City.
G. Structural works for flood control that will change
the course, current or cross section of protected wetlands
or public waters shall be subject to the provisions of
Minnesota Statute, Chapter 103G. Community-wide structural
works for flood control intended to remove areas from the
regulatory floodplain shall not be allowed in the floodway.
H. A levee, dike or floodwall constructed in the floodway
shall not cause an increase to the 100-year or regional
flood and the technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
902.08 - FLOOD FRINGE DISTRICT (FF)
The Flood Fringe District is established for areas of the
floodplain not a part of the watercourse or channel which would
not distract from the discharge of a flood, but are subject to
backwaters and inundation during flood stage. Limited
development may be permitted in this district provided the
development is protected from the flood waters.
1. Permitted Use. Permitted Uses shall be those uses of land
or structures listed as Permitted Uses in the underlying zoning
use district(s). The following uses have a iow flood damage
9.162
potential and do not obstruct flood flows. These uses shall be
permitted within the Flood Fringe District to the extent they are
not prohibited by any other ordinance and provided all permits or
authorizations are received as may be required by other City
ordinances or regulations of other governmental agencies having
jurisdiction. In addition, no use shall adversely affect the
capacity of the channels or floodways of any tributary. All
Permitted Uses shall comply with the standards for Flood Fringe
"Permitted Uses" listed in Section 902.08 (2) and the "Standards
for all Flood Fringe Uses" listed in Section 902.08(5).
2. Additional Standards for Flood Fringe Permitted Uses.
A. Ail structures, including accessory structures, must
be elevated on fill so that the lowest floor including
basement floor is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the
Regulatory Flood Protection Elevation and the fill shall
extend at such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected thereon.
B. As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that do
not exceed five-hundred (500) square feet for the outside
dimension at ground level may be internally flood proofed
in accordance with Section 902.06(4) (e) (iii).
C. The cumulative placement of fill where at any one time
in excess of one-thousand (1,000) cubic yards of fill is
located on the parcel shall be allowable only as a
Conditional Use, unless said fill is specifically intended
to elevate a structure in accordance with Section
902.08(2) (a) of this Ordinance.
D. The storage of any materials or equipment shall be
elevated on fill to the Regulatory Flood Protection
Elevation.
E. The provisions of Section 902.08(5) of this Ordinance
shall also apply.
3. Conditional Use. Any structure that is not elevated on fill
or flood-proofed in accordance with Section 902.08(2) (a) -
902.08(2) (b) or any use of land that does not comply with the
standards in Section 902.08(2) (c) - 902.08(2) (d), shall only be
allowed as a conditional use. An application for a conditional
use shall be subject to the standards and criteria and evaluation
procedures specified in Sections 902.08(4) - Section 902.08(5),
and 902.16(4) of this Ordinance.
4. Additional Standards for Flood Fringe Conditional Uses.
9.163
A. Alternative elevation methods other than the use of
fill may be utilized to elevate a structure's lowest floor
above the Regulatory Flood Protection Elevation. These
alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above-grade, enclosed areas such
as crawl spaces or tuck under garages. The base or floor
of an enclosed area shall be considered above-grade and not
a structure's basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the structure;
2) it is designed to internally flood and is constructed
with flood resistant materials; and 3) it is used solely
for parking of vehicles, building access or storage. The
above-noted alternative elevation methods are subject to
the following additional standards:
i. Design and Certification - The structure's
design and as-built condition must be certified by a
registered professional engineer or architect as being
in compliance with general design standards of the
State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities
must be at or above the Regulatory Flood Protection
Elevation or be designed to prevent flood water from
entering or accumulating within these components
during time of flooding.
ii. Specific Standards for Above-grade,
Enclosed Areas - Above-grade, fully enclosed areas
such as crawl spaces or tuck under garages must be
designed to internally flood and the design plans must
stipulate:
a. The minimum area of openings in
the walls where internal flooding is to be used
as a flood proofing technique, when openings are
placed in a structure's walls to provide for
entry of flood waters to equalize pressures, the
bottom of all openings shall be no higher than
one (1) foot above grade. Openings may be
equipped with screens, louvers, valves, or other
coverings or devices provided that they permit
the automatic entry and exit of flood waters.
b. That the enclosed area will be
designed of flood resistant materials in
accordance with the FP-3 or FP-4 classifications
in the State Building Code and shall be used
solely for building access, parking of vehicles
or storage.
9.164
B. Basements, as defined by Section 902.02(8)(a) of this
Ordinance, shall be subject to the following:
i. Residential basement construction shall not
be allowed below the Regulatory Flood Protection
Elevation.
ii. Nonresidential basements may be allowed
below the Regulatory Flood Protection Elevation
provided the basement is structurally dry flood
proofed in accordance with Section 902.08(4) (c).
C. Ail areas of nonresidential structures including
basements to be placed below the Regulatory Flood
Protection Elevation shall be flood proofed in accordance
with the structurally dry flood proofing classifications in
the State Building Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in
the State Building Code and this shall require making the
structure watertight with the walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy.
Structures flood proofed to the FP-3 or FP-4 classification
shall not be permitted.
D. When at any one time more than one thousand (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 community is enforcing a state
approved shoreland management ordinance. In the absence of
a state approved shoreland ordinance, the plan must clearly
specify methods to be used to stabilize the fill on site
for a flood event at a minimum of the 100-year or regional
flood event. The plan must be prepared and certified by a
registered professional engineer 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.
E. Storage of Materials and Equipment.
i. The storage or processing of materials that
are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life
is prohibited.
9.165
ii. Storage of other materials or equipment may
be allowed if readily removable from the area within
the time available after a flood warning and in
accordance with a plan approved by the City Council.
F. The provisions of Section 902.08(5) of this Ordinance
shall also apply.
Standards for Ail Flood Fringe Uses.
A. Ail new principal structures must have vehicular
access at or above an elevation not more than two (2) feet
below the Regulatory Flood Protection Elevation. If a
variance to this requirement is granted, the Board of
Adjustment must specify limitations on the period of use or
occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and
local flood emergency response procedures exist.
B. Commercial Uses - Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations
lower than the Regulatory Flood Protection Elevation.
However, a permit for such facilities to be used by the
employees or the general public shall not be granted in the
absence of a flood warning system that provides adequate
time for evacuation if the area would be inundated to a
depth greater than two feet or be subject to flood
velocities greater than four feet per second upon
occurrence of the regional flood.
C. Manufacturing and Industrial Uses - Measures shall be
taken to minimize interference with normal plant operations
especially along streams having protracted flood durations.
Certain accessory land uses such as yards and parking lots
may be at lower elevations subject to requirements set out
in Section 902.08(5) (B) above. In considering permit
applications, due consideration shall be given to needs of
an industry whose business requires that it be located in
floodplain areas.
D. Fill shall be properly compacted and the slopes shall
be properly protected by the use of riprap, vegetative
cover or other acceptable methods. The Federal Emergency
Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for
certain structures properly elevated on fill above the
100-year flood elevation - FEMA's requirements incorporate
specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments.
These standards should be investigated prior to the
initiation of site preparation if a change of special flood
hazard area designation will be requested.
9.166
E. Floodplain developments shall not adversely affect the
hydraulic capacity of the channel and adjoining floodplain
of any tributary watercourse or drainage system
where a floodway or other encroachment limit has not been
specified on the Official Zoning Map.
F. Standards for travel trailers and travel vehicles are
contained in Section 902.14(3).
G. Ail manufactured homes must be securely anchored to an
adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use of
over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
9.167
THIS PAGE LEFT BLANK FOR FUTURE USE
9.168
- FLOODWAY AREAS
- 100 YEAR FLOOD HAZARD
- 500 YEAR FLOOD HAZARD
Ordinance 2000-02
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINAI~CE AMENDING SECTION 902 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED FLOODPLAIN MANAGEMENT
Section 1. That Section 902.02(2) ~Establishment of Official
Zoning Map" of the City of Elk River Code of Ordinances shall be
amended to read as follows:
2. Establishment of Official Zoning Map. The official Zoning
Map together with all materials attached thereto is hereby
adopted by reference and declared to be a part of this Ordinance.
The attached material shall include the Flood Insurance Study,
Sherburne County, Minnesota and Incorporated Areas, prepared by
the Federal Emergency Management Agency, dated May 4, 2000, and
the Flood Insurance Rate Map panels therein, dated May 4, 2000,
and numbered 27141C0270 E, 27141C0395 E, and 27141C0410 E. The
Official Zoning Map shall be on file in the Office of the City
Clerk.
Section 2. That Section 902.02(3) ~Regulatory Flood Protection
Elevation" of the City of Elk River Code of Ordinances shall be
amended to read as follows:
3. Regulatory Flood Protection Elevation. The Regulatory
Flood Protection Elevation shall be an elevation no lower than
one foot above the elevation of the regional flood plus any
increases in flood elevations caused by encroachments on the
floodplain that result from designation of a floodway. The
Regulatory Flood Protection Elevation for West Twin Lake, which
is an approximate A zone without a regional/base flood elevation
published by the Federal Emergency Management Agency, shall be
elevation 930.1 (National Geodetic Vertical Datu/n, 1929
Adjustment).
Section 3. That Section 902.02(8) Definition of ~Regulatory Flood
Protection Elevation" of the City of Elk River Code of Ordinances
shall be amended to read as follows:
REGULATORY FLOOD PROTECTION ELEVATION: shall mean an elevation
no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on
the floodplain that result from designation of a floodway. The
Regulatory Flood Protection Elevation for West Twin Lake, which
is an approximate A zone without a regional/base flood elevation
published by the Federal Emergency Management Agency, shall be
elevation 930.1 (National Geodetic Vertical Datum, 1929
Adjustment) .
Section 4. That Section 902.04(1B) ~Flood Fringe District" of the
City of Elk River Code of Ordinances shall be amended to read as
follows:
B. Flood Fringe District. The Flood Fringe District
shall include:
i. Those areas designated as Zone AE on the Flood
Insurance Rate Map adopted in Section 2.2 that
are located outside of the floodway.
ii.
Those Zone A areas adjacent to West Twin Lake
above the Ordinary High Water Level of 927.1
(National Geodetic Vertical Datum, 1929
Adjustment).
Section 5. That this ordinance shall take effect upon its
adoption and publication as provided by law.
Passed and adopted by the Elk River City Council this 20th day of
March, 2000.
ATTEST:
Mayor Stephanie Klinzing
Sandra Peine, City Clerk
S: \ DOCUMENT\ORDINANC\ f loodpla, doc