91-004 ORD
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ORDINANCE 91 - ~
AN ORDINANCE AMENDING SECTION 902
(FLOODPLAIN MANAGEMENT ORDINANCE)
The City Council of the City of Elk River does ordain as
follows:
Section 1. That Section 902 of the Elk River Code of
Ordinances titled, "Floodplain Management Ordinance" be amended
to read as follows:
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4It Section 902 - Floodplain Management Ordinance
902.00 - Statutory Authorization. Findings of Fact and
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.
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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.
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2. ~stablishment of Official Zoning Ma~ 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 Preliminary
Floodplain Study for the City prepared by the Federal Insurance
Administration. The official Zoning Map shall be on file in
the Office of the City Clerk.
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
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4It increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
4. 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.
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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. All
decisions will be based on elevations on the regional
(lOO-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. ~broqation and Greater Restrictions. It is not
intended by this Ordinance to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance imposes greater restrictions, the
provisions of this Ordinance shall control. All other
ordinances inconsistent with this Ordinance are hereby repealed
to the extent of the inconsistency only.
6. Warning 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 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.
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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.
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A. "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 ground level.
B. "Conditional Use" shall mean a specific type of
structure or land use listed in this Ordinance and
processed pursuant to the procedures set forth in Section
900.42 and subject to the findings and standards required
in Section 900.42(4).
C. "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.
D. "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.
E. "Flood Frequency" shall mean the frequency for which
it is expected that a specific flood stage or discharge
may be equalled or exceeded.
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F. "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.
G. "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.
H. "Flood-Proofing" shall mean a combination of
structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily
for the reduction or elimination of flood damages.
I. "Floodway" 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.
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J. "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.
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K. "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.
L. "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.
M. "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.
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N. "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 902.20(3)(A) of this
Ordinance and other similar items.
902.04 - ~stablishment of Zoning Districts.
1. District$. The floodplain areas within the jurisdiction
of this Ordinance are hereby divided into two districts:
Floodway 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. ~loodway 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
shall include those areas designated as floodway fringe.
The Flood Fringe shall constitute those areas shown on the
Flood Insurance Rate Map as adopted in Section 902.02(2}
as being within Zone AE but being located outside of the
floodway.
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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
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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 902.20.
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B. Modifications, additions, structural alterations or
repair after damage to existing nonconforming structures
and nonconforming uses of structures or land are regulated
by the general provisions of this Ordinance and
specifically Section 902.24 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
and specifically as stated in Section 902.22 of this
Ordinance.
902.06 - Floodwav 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.
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A. General farming, pasture, grazing, outdoor plant
nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
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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 Floodwav 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.
3. ~onditional 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 902.20(3) of this
Ordinance.
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4.
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
lO-year frequency flood event.
Additional Standards for Floodway Conditional Uses.
A. ~ll 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 lOO-year or regional
flood or cause an increase in flood damages in the reach
or reaches affected.
B. All floodway Conditional Uses shall be subject to the
procedures and standards contained in this Ordinance and
in Section 900.42 of the City Code.
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 lOO-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.
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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
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:
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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. $torage of ~aterials 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.
11. 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.
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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.
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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.
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1. ?ermitted 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 low flood
damage 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. ~dditional Standards for Flood ~ringe Permitted Uses~
A. All structures, including accessory structures, must
be elevated on fill so that the lowest floor including
basement floor is at or above the Regulatory Flood
Protection Elevation. The finished fill elevation for
structures shall be no lower than one (1) foot below the
Regulatory Flood Protection Elevation and the fill shall
extend at such elevation at least fifteen (15) feet beyond
the outside limits of the structure erected thereon.
B. As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that
do not exceed 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).
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C. The cumulative placement of fill where at anyone
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.
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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
allowable 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) -
902.08(5) and 902.22(4) of this Ordinance.
4.
Additional Standards for Flood ~~inq~ ConditionaJ__Us~~
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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. Desiqn 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.
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ii.Specific Standards for Above-qrade, EncIQ~~g
Area~- 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
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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.
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).
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C. All areas of nonresidential structures including
basements to be placed below the Regulatory Flood
Protection Elevation shall be flood proofed in accordance
with the structurally dry flood proofing classifications
in the State Building Code. Structurally dry flood
proofing must meet the FP-l or FP-2 flood proofing
classification in the State Building Code and this shall
require making the structure watertight with the walls
substantially impermeable to the passage of water and 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.
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D. When at anyone 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 shore land management ordinance. In the absence
of a state approved shore land 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
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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.
11. 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.
5.
~tandards for All Flood Fringe Uses.
A. All new principal structures must have vehicular
access at or above an elevation not more than two (2) feet
below the RegUlatory Flood Protection Elevation. 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. Manufacturin~nd 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
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removing the special flood hazard area designation for
certain structures properly elevated on fill above the
100-year flood elevation - FEMA's requirements incorporate
specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments.
These standards should be investigated prior to the
initiation of site preparation if a change of special
flood hazard area designation will be requested.
E. 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 902.20(3}.
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G. All manufactured homes must be securely anchored to
an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
902.10 - p'ubdivisions.
1. ~eview Criteria. No land shall be subdivided which is
unsuitable for the reason of flooding, inadequate drainage,
water supply or sewage treatment facilities. All lots within
the floodplain districts shall contain a building site at or
above the Regulatory Flood Protection Elevation. All
subdivisions shall have water and sewage treatment facilities
that comply with the provisions of this Ordinance and have road
access both to the subdivision and to the individual building
sites no lower than two (2} feet below the Regulatory Flood
Protection Elevation. For all subdivisions in the floodplain,
the Floodway and Flood Fringe 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.
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2. .Eemoval of Special Flood Hazard Area Desiqnation. 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.
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4It 902.12 - Public Utilities, Railroads, Roads, and Bridqes.
1. Public Utilities. All public utilities and facilities
such as gas, electrical, sewer, and water supply systems to be
located in the floodplain shall be flood-proofed in accordance
with the state Building Code or elevated to above the
Regulatory Flood Protection Elevation.
2. Public Transportation Facilities. Railroad tracks,
roads, and bridges to be located within the floodplain shall
comply with Sections 902.06 and 902.08 of this Ordinance.
Elevation to the Regulatory Flood Protection Elevation shall be
provided where failure or interruption of these transportation
facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads
may be constructed at a lower elevation where failure or
interruption of transportation services would not endanger the
public health or safety.
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3. On-site Sewaqe Treatment and Water SupplY SYstems.
Where public utilities are not provided: 1) On-site water
supply systems must be designed to minimize or eliminate
infiltration of flood waters into the systems; and 2) New or
replacement on-site sewage treatment systems must be designed
to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters and
they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in
accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in
compliance with this Section.
902.14 - Manufactured Homes and Manufactured Home Parks anq
rlacement of Travel Trailers ~nd Travel Vehicles.
1. New manufactured home parks and expansions to existing
manufactured home parks shall be subject to the provisions
placed on subdivisions by Section 902.10 of this Ordinance.
4It
2. 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 may be placed only if elevated in
compliance with Section 902.08 of this Ordinance. If vehicular
road access for pre-existing manufactured home parks is not
provided in accordance with Section 902.08(5)(A), then
replacement manufactured homes will not be allowed until the
property owner(s) develops a flood warning emergency plan
acceptable to the City Council.
A. All manufactured homes must be securely anchored to
an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of
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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.
3. Travel trailers and travel vehicles that do not meet the
exemption criteria specified in Section 902.14(3)(A) below
shall be subject to the provisions of this Ordinance and as
specifically spelled out in Sections 902.14(3)(C) -
902.14(3)(D) below.
A. ~xception - Travel trailers and travel vehicles are
exempt from the provisions of this Ordinance if they are
placed in any of the areas listed in Section 902.14(3)(B)
below and further if they meet the following criteria:
i. Have current licenses required for highway use.
ii. Are highway ready meaning on wheels or the
internal jacking system, are attached to the site
only by quick disconnect type utilities commonly used
in campgrounds and trailer parks and the travel
trailer/travel vehicle has no permanent structural
type additions attached to it.
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iii. The travel trailer or travel vehicle and
associated use shall be permissible in any
pre-existing, underlying zoning use district.
B. Areas Exempted For Placement of Travel/Recreational
Vehicles:
i. Individual lots or parcels of record.
11. Existing commercial recreational vehicle parks
or campgrounds.
iii. Existing condominium type associations.
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C. Travel trailers and travel vehicles exempted in
Section 902.14(3)(A) lose this exemption when development
occurs on the parcel exceeding Five Hundred ($500) dollars
for a structural addition to the travel trailer/travel
vehicle or an accessory structure such as a garage or
storage building. The travel trailer/travel 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 902.06 and 902.08 of
this Ordinance.
D. New commercial travel trailer or travel vehicle parks
or campgrounds and the expansion of any existing similar
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use exceeding five (5) units or dwelling sites shall be
sUbject to the fOllowing:
i. Any new or replacement travel trailer or travel
vehicle will be allowed in the Floodway or Flood
Fringe Districts provided said trailer or 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
902.14(5)(A) of this Ordinance. No fill placed in
the floodway to meet the requirements of this Section
shall increase flood stages of the 100-year or
regional flood.
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ii. All new or replacement travel trailers or travel
vehicles not meeting the criteria of (i) above may,
as an alternative, be allowed as a Conditional Use if
in accordance with the following provisions and the
provisions of 902.16(4} of this Ordinance. The
applicant must submit an emergency plan for the safe
evacuation of all vehicles and people during the 100
year flood. Said 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. All attendant
sewage and water facilities for new or replacement
travel trailers or other recreational vehicles must
be protected or constructed so as to not be impaired
or contaminated during times of flooding in
accordance with Section 902.12(3) of this Ordinance.
902.16 - ^dministration.
1. Buildinq and Zoninq Adm~nistrator. The Building and
Zoning Administrator of the City shall administer and enforce
this Ordinance. If the Building and Zoning Administrator finds
a violation of the provisions of this Ordinance, the Building
and Zoning Administrator shall notify the person responsible
for such violation in accordance with the procedures stated in
902.20 of this Ordinance.
2.
?ermit Requirements.
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A. ~ermit Required. A permit issued by the Building
and Zoning Administrator in conformity with the provisions
of this Ordinance shall be secured prior to the erection,
addition, or alteration of any building, structure, or
portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the change or
extension of a nonconforming use; and prior to the
placement of fill, excavation of materials, or the storage
of materials or equipment within the floodplain. Where
required by this Ordinance or any other Zoning Ordinance
Page 18
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provisions, such permits may require prior review and
approval by the Planning Commission and City Council.
B. Application for Pe+-mit. Application for a Permit
shall be made in duplicate to the Building and Zoning
Administrator on forms furnished by the Building and
Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale, showing
the nature, location, dimensions, and elevations of the
lot; existing or proposed structures, fill or storage of
materials; and the location of the foregoing in relation
to the stream channel.
C. State and Federal Permits. Prior to granting a
Permit or processing an application for a Conditional Use
Permit or Variance, the Building and Zoning Administrator
shall determine that the applicant has obtained all
necessary State and Federal Permits.
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D. ~~rtificate of Zoninq Compliance for a New, Altered.
or Nonconforminq Use~ It shall be unlawful to use,
occupy, or permit the use or occupancy of any building or
premises or part thereof hereafter created, erected,
changed, converted, altered, or enlarged in its use or
structure until a Certificate of Zoning Compliance shall
have been issued by the Building and Zoning Administrator
stating that the use of the building or land conforms to
the requirements of this Ordinance.
E. COD~t~uct~on and Use to be as Provided on
Applications. Plan~_~~X]l_i:ts. Variances a.n.~L~~rtificc~J:g~
of Zoninq Compliance~ 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 Ordinance, and punishable as provided by Section
902.20 of this Ordinance.
F. Certification. The applicant shall be required to
submit certification by a registered professional
engineer, registered architect, or registered land
surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of
this Ordinance. Flood-proofing measures shall be
certified by a registered professional engineer or
registered architect.
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G. R~GQrd of First Floor Elevation. The Building and
Zoning Administrator shall maintain a record of the
elevation of the lowest floor (including basement) of all
new structures and alterations or additions to existing
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Page 19
structures in the floodplain. The Building and Zoning
Administrator shall also maintain a record of the
elevation to which structures or alterations and additions
to structures are flood-proofed.
3 .
Board of Adiustment.
A. The City Council, which serves as the Board of
Adjustment under the Zoning Ordinance of the City of Elk
River pursuant to Section 900.40 of this Code, shall be
the Board of Adjustment under this Ordinance with the
following powers and duties:
i. AdmiDistrative Review. The Board shall hear
and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination
made by an administrative official in the enforcement
or administration of this Ordinance.
11. To hear and decide requests for variances from
the provisions of this Ordinance pursuant to the
standards set forth in Section 902.16(3) hereof.
In exercising the foregoing powers and duties, the Council
shall follow the procedures, rules and regulations
established in Section 900.40 of this Code.
B. ~ules. The Board of Adjustment shall adopt rules
for the conduct of business and may exercise all of the
powers conferred on such Boards by State Law.
C. Variances. The Board may authorize upon appeal in
specific cases such relief or variance from the terms of
this Ordinance as will not be contrary to the pUblic
interest and only for those circumstances such as
hardship, practical difficulties or circumstances unique
to the property under consideration, as provided for in
Section 900.40 of the City Code. In the granting of such
variance, the Board of Adjustment shall clearly identify
in writing the specific conditions that existed consistent
with the criteria specified in Section 900.40 of the City
Code which justified the granting of the variance. No
variance shall have the effect of allowing in any district
uses prohibited in that district, permit a lower degree of
flood protection than the Regulatory Flood Protection
Elevation for the particular area, or permit standards
lower than those required by State Law.
D. ApplicatioQ~ Applications for a variance to this
Ordinance shall be reviewed by the Planning Commission and
City Council in the same manner and according to the same
procedures as other variance applications received under
Section 900.40 of the Zoning Ordinance of the City of Elk
River.
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E. Hearinqs. Upon filing with the Board of
Adjustment of an appeal from a decision of the Building
and Zoning Administrator, or an application for a
variance, the Board shall fix a reasonable time for a
hearing and give due notice to the parties in interest as
specified by law. The Board shall submit by mail to the
Commissioner 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.
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F. Decisions. The Board shall arrive at a decision
on such appeal or variance. In passing upon an appeal,
the Board may, so long as such action is in conformity
with the provisions of this Ordinance, reverse or affirm,
wholly or in part, or modify the order, requirement,
decision or determination of the Building and Zoning
Administrator or other public official. It shall make its
decision in writing setting forth the findings of fact and
the reasons for its decisions. In granting a variance the
Board may prescribe appropriate conditions and safeguards
such as those specified in Section 902.16(4)(C), which are
in conformity with the purposes of this Ordinance.
Violations of such conditions and safeguards, when made a
part of the terms under which the variance is granted,
shall be deemed a violation of this Ordinance punishable
under Section 902.20. A copy of all decisions granting
variances shall be forwarded by mail to the Commissioner
of Natural Resources within ten (10) days of such action.
No variance shall be granted which the Council determines
has or will have a tendency to:
i. Increase the height or duration of flood waters.
11. Result in the placement of an artificial
obstruction which will restrict the passage of flood
waters in such a manner as to increase the height of
flooding.
iii. Result in incompatible land uses or uses which
would be detrimental to the protection of surface and
ground water.
iv. Increase the financial burdens imposed on the
community land areas within the City.
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v. 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.
vi. Be inconsistent with the objectives of
encouraging land uses compatible with the
Page 21
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preservation of the natural land forms, vegetation
and the marshes and wetlands within the City.
vii. 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 ground
water infiltration which diminishes the land area
necessary to carry increased flows or storm water
following a period of heavy precipitation.
G. ~ppeals. Appeals from any decision of the Board
may be made, and as specified in this Community's Official
Controls and also Minnesota Statutes.
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H. floqd Insurance Notice ~nd R~co~g K~~Qi~ The
Building and Zoning Administrator shall notify the
applicant for a variance that: 1) The issuance of a
variance to construct a structure below the base flood
level will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of
insurance coverage and 2) Such construction below the
100-year or regional flood level increases risks to life
and property. Such notification shall be maintained with
a record of all variance actions. The City shall maintain
a record of all variance actions, including justification
for their issuance, and report such variances issued in
its annual or biennial report submitted to the
Administrator of the National Flood Insurance Program.
4. Additional Standards and Procedures for Conditional Uses
in the Floodwav and Flood FriD~~->>_~$~rict$~
A. Nptice. In addition to notice requirements set
forth in Section 900.42 of the City Code, the City
Building and Zoning Administrator shall submit by mail to
the Commissioner of Natural Resources a copy of the
application for proposed Conditional Use sufficiently in
advance so that the Commissioner will receive at least ten
days notice of the hearing. In addition, a copy of all
decisions granting Conditional Use Permits shall be
forwarded by mail to the Commissioner of Natural
Resources, or the designated representative within ten
(10) days of such action.
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B. Additional Factors Upon Wpich the Decisions Shall Be
~gsed. In passing upon Conditional Use applications, the
City shall consider all relevant factors specified in
other sections of this Ordinance, and:
i. The danger to life and property due to increased
flood heights or velocities caused by encroachments.
Page 22
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ii. The danger that materials may be swept onto
other lands or downstream to the injury of others or
they may block bridges, culverts or other hydraulic
structures.
iii. The proposed water supply and sanitation systems
and the ability of these systems to prevent disease,
contamination, and unsanitary conditions.
iv. The susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner.
v. The importance of the services provided by the
proposed facility to the community.
vi. The requirements of the facility for a
waterfront location.
vii. The availability of alternative locations not
subject to flooding for the proposed use.
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viii. The compatibility of the proposed use with
existing development and development anticipated in
the foreseeable future.
ix. The relationship of the proposed use to the
comprehensive plan and floodplain management program
for the area.
x. The safety of access to the property in times of
flood for ordinary and emergency vehicles.
xi. The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood waters
expected at the site.
xii. Such other factors which are relevant to the
purposes of this Ordinance.
C. Additional Conditions Attached to Conditional Use
Permits in the Floodwav and Flood Frinqe Districts. Upon
consideration of the factors listed above and the purpose
of this Ordinance, the City Council shall attach such
conditions to the granting of Conditional Use Permits as
it deems necessary to fulfill the purposes of this
Ordinance. Such conditions may include, but are not
limited to, the following:
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i. Modification of waste treatment and water supply
facilities.
ii. Limitations on period of use, occupancy, and
operation.
Page 23
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111. Imposition of operational controls, sureties,
and deed restrictions.
iv. Requirements for construction of channel
modifications, compensatory storage, dikes, levees,
and other protective measures.
v. Flood-proofing measures, in accordance with the
State Building Code and this Ordinance. The
applicant shall submit a plan or document certified
by a registered professional engineer or architect
that the flood-proofing measures are consistent with
the Regulatory Flood Protection Elevation and
associated flood factors for the particular area.
902.18 - NODco~forming Uses.
1. A structure or the use of a structure or premises which
was lawful before the passage or amendment of this Ordinance
but which is not in conformity with the provisions of this
Ordinance may be continued subject to the following conditions:
A. No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
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B. Any alteration or addition to a nonconforming
structure or nonconforming use which would result in
increasing the flood damage potential of that structure or
use shall be protected to the Regulatory Flood Protection
Elevation in accordance with any of the elevation on fill
or flood proofing techniques (i.e. , FP-l thru FP-4
floodproofing classifications) allowable in the State
Building Code, except as further restricted in
902.18(1)(C) below.
.
C. The cost of any structural alterations or additions
to any nonconforming structure over the life of the
structure shall not exceed 50 percent (50%) of the market
value of the structure unless the conditions of this
Section are satisfied. The cost of all structural
alterations and additions constructed since the adoption
of the City's initial floodplain controls must be
calculated into today's current cost which will include
all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current cost
of all previous and proposed alterations and additions
exceeds 50 percent (50%) of the current market value of
the structure, then the structure must meet the standards
of Section 902.06 or 902.08 of this Ordinance for new
structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
D. If any nonconforming use is discontinued for twelve
(12) consecutive months, any future use of the building
Page 24
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premises shall conform to this Ordinance. The Building
and Zoning Administrator shall be responsible for
recording in writing instances of nonconforming uses which
have been discontinued for a period of twelve (12) months
and shall also be responsible for providing written
notification of the same to the appropriate party.
E. If any nonconforming use or structure is destroyed by
any means, including floods, to an extent of 50 percent
(50%) or more of its market value at the time of
destruction, it shall not be reconstructed except in
conformity with the provisions of this Ordinance. The
applicable provisions for establishing new uses or new
structures in Sections 902.06 and 902.08 will apply
depending upon whether the use or structure is in the
Floodway or Flood Fringe District, respectively.
902.20 - Penalties For Violations.
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1. Violations of the provisions of this Ordinance or failure
to comply with any of its requirements (including violations of
conditions and safeguards established in connection with grants
of Variances or Conditional Uses) shall constitute a
misdemeanor. Any person who violates this Ordinance or fails
to comply with any of its requirements shall upon conviction
thereof be fined not more than Five Hundred Dollars ($500) or
imprisoned for not more than ninety (90) days, or both, and in
addition shall pay all costs and expenses involved in the
case. Each day such violation continues shall be considered a
separate offense. Nothing herein contained, including the
imposition of a criminal penalty, shall constitute a waiver of
the right of the City or others to secure abatement of
violations by injunction or other civil legal remedy.
2. Nothing herein contained 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:
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A. In responding to a suspected Ordinance violation, the
Building and Zoning Administrator and the City may utilize
the full array of enforcement actions available to it
including but not limited to prosecution and fines,
injunctions, after-the-fact permits, orders for corrective
measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the
guilty party. The City must act in good faith to enforce
these official controls and to correct Ordinance
violations to the extent possible so as not to jeopardize
its eligibility in the National Flood Insurance Program.
B. When an Ordinance violation is either discovered by
or brought to the attention of the Building and Zoning
Administrator, the Building and Zoning Administrator shall
Page 25
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immediately investigate the situation and document the
nature and extent of the violation of the official
control. As soon as is reasonably possible, this
information will be submitted to the appropriate
Department of Natural Resources' and Federal Emergency
Management Agency Regional Office along with the City's
plan of action to correct the violation to the degree
possible.
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C. The Building and Zoning Administrator shall notify the
suspected party of the requirements of this Ordinance and
all other Official Controls and the nature and extent of
the suspected violation of these controls. If the
structure and/or use is under construction or development,
the Building and Zoning Administrator 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
Building and Zoning Administrator may either (1) issue an
order identifying the corrective actions that must be made
within a specified time period to bring the use or
structure into compliance with the official controls, or
(2) notify the responsible party to apply for an
after-the-fact permit/development approval within a
specified period of time not to exceed thirty (30) days.
D. If the responsible party does not appropriately
respond to the Building and Zoning Administrator within
the specified period of time, each additional day that
lapses shall constitute an additional violation of this
Ordinance and shall be prosecuted accordingly. The
Building and Zoning Administrator shall also upon the
lapse of the specified response period notify the
landowner to restore the land to the condition which
existed prior to the violation of this Ordinance.
902.22 - Amendment~.
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 regional flood and is contiguous
to lands outside the floodplain. Special exceptions to this
rule may be permitted by the Commissioner of Natural Resources
if he determines that, through other measures, lands are
adequately protected for the intended use.
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All amendments to this Ordinance, including amendments to the
Official Zoning Map, must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes
in the Official Zoning Map must meet the Federal Emergency
Management Agency's (FEMA) Technical Conditions and Criteria
and must receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10-days written
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Page 27
Section 2. That this ordinance shall take effect and be
in full force from and after the date of its publication.
Passed and adopted this 25th day of February, 1991.
~~~
~ene Schuldt, Vice Mayor
ATTEST:
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CITY OF ELK RIVER
SUMMARY OF FLOOD PLAIN ORDINANCE
ORDINANCE NO. 91-4
RESOLUTION 91- 12
A RESOLUTION APPROVING NOTICE OF PUBLICATION OF ORDINANCE 91-4
The City Council of the City of Elk River hereby amends Section
902 of the Elk River Code of Ordinances titled "Floodplain
Management Ordinances" and does ordain as follows:
The City of Elk River has adopted a Flood Plain Ordinance
replacing the flood plain regulations previously contained in
the Elk River Zoning Ordinance.
The Flood Plain Ordinance adopts the preliminary Flood
Insurance Study for the City of Elk River dated January 31,
1991, as prepared by the Federal Emergency Management Agency.
The ordinance establishes a Floodway district and a Flood
Fringe district. The ordinance sets forth permitted uses and
conditional uses for both the Floodway and Flood Fringe
districts and establishes standards for permitted and
conditional uses in both districts.
In addition to regulating uses of land within the Floodway and
Flood Fringe zones, the ordinance regulates construction,
elevations at which improvements may be made, fill,
manufactured homes, manufactured home parks and placement of
travel trailers and travel vehicles.
The ordinance designates the zoning administrator as the
official responsible to administer and enforce the Flood Plain
Ordinance. The ordinance requires a permit before
construction, alteration, change of use, placement of fill,
excavation or storage of materials is made or done wi thin the
flood plain and sets forth the procedure and requirements for
obtaining such permits. The ordinance further establishes
standards and procedures for obtaining variances and
condi tional uses wi thin the flood plain. The ordinance also
regulates nonconforming uses within the flood plain and
establishes penalties for violation of the flood plain
ordinance.
A copy of the full text of the Flood Plain Ordinance is
available for inspection by any person at the office of the Elk
River City Clerk during normal business hours.
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Ordinance passed and adopted the 25th day of February, 1991.
This Resolution of Notice of Publication passed and adopted
this 4th day of March, 1991.
Effective upon publication.
ATTEST:
&d~L///--
Gene Schuldt, Vice Mayor
.
.
.
Mfidavit of Publication
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE)
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. DtJ'Vl >'~VIA.~ ,
being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee ofthe publisher of the newspa-
per known as The Elk River Star News, and has full knowledge
of the facts which are stated below:
(A) The newspaper has complied with all the requirements
constituting qualification as a qualified newspaper, as provided
by Minnesota Statute 331A.02, 331A.07, and other applicaLle
laws, as amended. Jt .
(B) The printed .' .... L/WI~,/'U./
1
which is attached was cut from the columns of said newspaper,
and was printed and published once each week, for I ~c.
cessive weeks; it was fIrst published on Wednesday, the j -
day of yYl ~---h , 199.L, and was thereafter
printed and published on every Wednesday to and including
Wednesday, the_day of ,19_;
and printed below is a copy of the lower case alphabet from A to
Z, both inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication of the
notice.
a be de fghij kl m nopqrstu vwxyz
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Subscribed and sworn to before me on this
Y1~~cJ/V ,19C['
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day of
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RATE INFO
(1) Lowest classified rate paid by
commercial users for comparable
space
(2) Maximum rate allowed by law for
the above matter
(3) Rate actually charged for the
above matter
$ 4'6.~~
$ 4'6 .~ld
and adopted this 4th day of
1991. , .
Effective uponpubUcatiI,lJl. .
. '.., GerieScihuldt,'VWlMayor
ATTEST: . ,
San"'~1Jla~.clerk
~;" 'f':."<W "__" ,_,",', " --,,'- -__
.
.
.
" ~
Minnesota Department of Natural Resources
500 Lafayette Road
St. Paul, Minnesota 55155-40_
August 5, 1996
Honorable Henry A. Duitsman, Mayor
City of Elk River
P.O. Box 490
13065 Orono Parkway
Elk River, MN 55330
Dear Mayor Duitsman:
STATE APPROVAL OF FLOODPlAIN ORDINANCE AND AMENDMENTS
The Department of Natural Resources has completed its review
of the floodplain zoning ordinance and amendments for the City of
Elk River. The ordinances were entitled ORDINANCES NO. 91-4
adopted on February 25, 1991, 92-5 adopted on February 24, 1992,
and 94-1 7 adopted on October 17, 1994.
On behalf of the Commissioner of Natural Resources, I am
pleased to inform you that the ordinances have been found to be in
compliance with "Statewide Standards and Criteria for Management
of Floodplain Areas of Minnesota," Minnesota Regulations, Parts
6120.5000 to 6120.6200. Therefore, in accordance with Minnesota
Statutes, Section 103F, I hereby certify state approval of the above
ci ted ordinance.
Please be advised that any future amendments of this
ordinance or change in the designation of flood prone areas requires
prior approval of the Commissioner.
DNR Information: 612-296-6157, 1-800-766-6000 . TTY: 612-296-5484, 1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Printed on Recycled Paper Containing a
\.;1 Minimum of 10% Post-Consumer Waste
.
.
.
..
Page Two
Also note that you are required to send copies of hearing
notices and final decisions relating to variances and conditional use
permits relating to this ordinance to this agency. Please send these
directly to Area Hydrologist Dan Lais, located at: DNR Division of
Waters, 3725 12th Street North, P.O. Box 370, St. Cloud, MN 56302
and rely on him for assistance in administering your ordinance.
Since your administration of a floodplain zoning ordinance is a
pre-requisite of your eligibility in the National Flood Insurance
Program, a certified copy of the adopted ordinance will be sent by
this office to the Federal Emergency Management Agency.
Your cooperation and initiative in providing for the reduction
in flood damage through the administration of this ordinance is
greatly appreciated.
Sincerely,
DIVISION OF WATERS
4btC"~/J/t/ ~ d./NI
o~azghi~U~, SupervIsor
Land Use Management Unit
OS/BA:kf
cc: David L. Hills, Regional Hydrologist
Dan Lais, Area Hydrologist
Alan Birman, FEMA