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ADDENDUM TO ZONING ORD (1973?) ADDENDUM I TO ZONDrG ORDINANCE ORDINANCE FOR THE IJf.ANAGEMENT OF THE MISSISSIPPI rrTLD, SCENIC, AND RECREATIONAL RIVER SYSTEM A1tD THE SHORELAND AP..EAS OF THE CITY OF ELK RIVER 1.0 GENERAL PROVISIONS 1.1 STATUTORY AUTHORIZATION This Shore land Management Ordinance is adopted pursuant to the authorization contained in the laws of Minnesota 1973, Chapter 379, 272, and in furtherance of the policies declared in Minnesota Statutes 1976, Chapters 104, 105, 115, 116, and 462 and Minnesota Regulations NR 78-81, Rules and Regulations for Wild, Scenic, and Recreational River~, NR 82-84, Rules and Regulations for the Management of Shore land areas within municipalities, and NR 2400-2420, Rules and Regulations Relating to the designation, classification and Management of the Mississippi River in Stearns, Sherburne, Wright, Anoka, and Hennepin Counties. 1.2 POLICY The uncontrolled use of shore lands of the City of Elk River affects the public health, safety, and general welfare not only by contributing to pollutior: of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise development of shorelands of public waters. TheLLegislature of Minnesota has delegated responsibility to the municipalities of the S:;ate to regulate the subdivision, use, and development of the shore lands of public '0:;'. waters and thus preserve and enhance the quality of surface waters, preserve the econo~ic and natural environmental values of shorelands, and provide for the 1'1i8e utilization of waters and related resources. This reponsibility is hereby reco~lized by the City of Elk River. It is in the interest of present and future generations to preserve and protect the outstanding sceniC, recreational, natural, historical, and Scientific Values of the Mississippi River and its adjacent lands. Accordingly, the Commissioner of Natural Resources provides standards and criteria for the preservation, protection, and management of the Mississippi River as authorized by the Laws of Minnesota 1973, Chapter 271, and Minnesota Regulations NR 78-81 and NR 2400-2420. 1.3 STATEMENT OF PURPOSE To achieve the policies described in Section 1.2 and to: 1.31 Designate suitable land use zoning districts compatible with the shore land management classification and consistent with ~m 2L!00-2420. 1.32 Regulate the m1n1mum dimensions for the size and length of water frontage of lots suitable for buildingsites; 1. 1.33 Regulate the placement of structures in relation to shorelines and roads; 1.34 Regulate the amount of impervious surface allowed on each lot; 1.35 Regulate the type of placement of sanitary and waste disposal facili tes; 1.36 Regulate alteration of the natural shore lands vegetation and topography. 1.37 Regulate paacement of raads and parking areas; 1.38 Regulate the subdivision of land; 1.39 Regulate the location of utility transmission crossings of shorelands. 1.40 Regulate the construction or reconstruction of public roads in shoreland areas. 1.41 Provide for the enforcement and administration of municipal shore land management ordinances and management of the Recreational River ordinances within the City of Elk River. 1.4 JURISDICTION The jurisdiction of this Ordinance shall include the shore lands of all public water in the City of Elk River as depicted on the Official Zoning Map of the City of Elk River and the Recreational river land use district as discribed in !ffi 2420. 1.5 COMPLIANCE The use of any shoreland of public ,waters; the size and shape of lots; the use, Size, typet and location of structures on lots; the installation and maintenance of water supply and wast'edisposalfacilities; the filling., grading, lagooning, or dredging of any shoreland area; the cutting of shoreland vegetation; and the's'libdivisiofiof lots. shall be ih full . compliance with the terms of this ordinance and other applicable regulations. Construction of buildings, private water supply, and sewage disposal systems and erection of signs shall require a permit unless otherwise expressly excluded by the requirements of this Ordinance. 1.6 ABROGATION AND GREATER RESTRICTION 1.61 The provisions of the existing zoning ordinance and zoning map of the City of Elk River, Minnesota, ,_.' are hereby incorporated by reference and shall, be made as much a part of this Ordinance as if the matter described were fully set out herein. 1.62 It is not otherwise intended by this Overlay Ordinance to repeal, abrogate, or impair any existing deed restrictions or ordinances other than zoning to the extent specified in Sec- tion 1.6 of this Ordinance; however, where this Ordinance imposes greater restriction, the provisions of this Ordinance shall prevail. 1.7 INTERPRETATION ?- In their interpretation and application, the prOV1Slons of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. 1.8 SEVEEABILITY The provisions of this Ordinance shall be severable, and the invality of any paragraph, sub-paragraph, or subdivision thereof shall not make void any other paragraph, sub-paragraph, subdivision, or any other part. . (IJote: These cefini tions are in addition to those of the existing ordinance for the areas under the jurisdiction cf this overlay) 1.9 DEFINITIONS For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distance unless otherwise specified shall be measured horizontally. "Boathouse" means a structure used solely for the storeage of boats or boating equipment. "Building Line" means that line measured across the width of the lot at the point where the main structure is placed in accordance with setback provisions. "Clear-cutting" means the removal of an entire stand of trees. "Hardship" means the property in question cannot be put to a reasonable use under the conditons allowed by the official controls; the plight of the landowners is due to circumstances unique to his property, not created by the landowner;. and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall Rot constitute a hardship if a reasonable use for the property exists under terms of the official controls. "Local Unit" means City of Elk River. "Lot" means a parcel of land designated by metes and bounds description, registered land survey, auditors plat, or other accepted means and separated from other parcels or portions by said description for the purposes of sale, lease, or separation thereof. For the purposes of these re~~lations, a lot shall be considered to be an individual building site which shall be occupied by no more than one principal structure equipped vdth sanitary facilities. "Ordinary High "later Mark" means a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominatly aquatic to predominantly terrestrial. 3. "Planned Unit Development'" means a type of development which may incorporate a variety of land uses planned and developed as a unit. The Planned Unit Development is distinquished from the traditional subdivision process of development in that zoning standards such as densi ty, setbacks, height limits, and minimum lot~si:zes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources. "Public i.laters" means any vlaters of the State which serve, a beneficial public purpose, as defined in Minnesota Statutes 1976, Section 105.37, Subdivision 6. However, no lake, pond, or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the Commissioner of,Natural Resources shall be exempt from the provision of these regulations. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowages shall be the areas listed in the Division of Water Bulletin 25, An Inventory of Minn- esota Lakes, or in the event that lakes , ponds, or flowages are not listed th~rein, official determination" of size and. physical limits'shall be made by the Commissioner of Natural Resources in cooperation with the municipali ty. "Setback" means the mJ.nJ.mum horizontal distance between a structure or sanitary facility and the ordinary high watermark, or between a structure or sanitary facility and a road, highway, or property lines. "Shore land" means land located wi thin the following distances from public water: a. 1,000 feet from the ordinary high water mark of a lake, pond, or flowages; and b. 300 feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever isg~ater.. The practical limits of shore lands may be less than the statutory limits were such limits are designated by natural drainage divides at lesser distances, as shown on the official zoning map of the City of Elk River. c. The area included in the recreational Land Use Districts for the Mississippi River as defined in Minnesota Regulations 1m 2400-2420. A. "Subdivision" means improved or \lnimproved land or lands which are divided for the purposes of ready sale or lease, or divided successively within a five (5) year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area, and which are under common ownership or control. "Substandard Use" means any use of shorelands existing prior to the date of enactment of this Ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length of water frontage, structure setbacks, or other dimensional standards of 'the Ordinance. 2.0 DESIGNATION OF TYPES OF LAN'D USE In order to guide the wise development and utilization of shore lands of public water for the preservation of water quality, natural characteristics, economic values, and the general health, safety, and welfare, of public waters in the City of Elk River have been given a shore land management classification by the Commissioner of~atural Resources, and uses of shore land in these classes are hereby designated~ land use districts, based on the compatibility of the designated type of land use with the shore land management classification. 2 .1 SHORELAND riIANAGEMENT CLASSIFICATION SYSTEM The public waters of the City of Elk River have been classified by by the Commissioner of N"atural Resources as "General Development Lakes and Streams" which include the rJIississippi River and Otter Creek. In Addition the Mississippi River has been designated as a tlRecrational" component of Minnesota's Wild, Scenic and Recreational Rivers System. 2.2 SHORELAND OVERLAY DISTRICT The shore lands of the City of Elk River are hereby designated as a Shore land OVerlay District. The purpose of the Shoreland Overlay District is to provide for the wise utilization of shore land areas in order to preservethe quality and natural character of the public water of the City, of Elk River. 2.21 Permitted Uses. All permitted usP~ allowed and regulated by the applicable zoning district undei'"l;Ving this shore land overlay district as indicated on the official zoning rnap of the City of Elk River. 2.22 Conditional Uses. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district '6.nder1,ylng this shore land overlay district as indicated on the official zong map of the City of Elk River. 2.23 General Prqvisions. The following standards shall apply to all shoreland o~ all publiC waters within the City of Elk River. iihere the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply. I). UN'SE'dERED AREA Lot Area (feet) Water Frontage and Lot Width at Building Line (feet) Building Setback from Ordinary High Water 1.lark (feet) Building Setback from Roads and Highways (feet) Elevation of Lowest Floor Above Highest Known Water Level (feet) Building Height Limitation (feet) Total Lot Area Covered by Impervious Surface (1%) Sewage System Setback from Ordinary High Water Mark (feet) Sewage System Elevation Above Highest Groundwater .. Level or Bedrock (feet) SEWEHED AP..EA. GENERAL DEVELOP1-1ENT VIA TE.RS 20,000 100 75 50 Federal, State or County 20 Municipal or Private 3 35 30 50 4 GE17EP..AL DEVELOPMENT HA"'l::.H.S All provision for unsewered areas shall apply to sewered areae except for the following, which shall supersede the provisions applied to unsewered areas: Lot Area (feet) Waterfront Lots Water Frontage and Lot Width at Building Line (feet) Building Setback from Ordinary High Water Mark (feet) 6. 15,000 abutting public waters 10,000 not abutting public waters 75 2.24 Vegetative Cutting Provisions & Grading and Filling (Rec- reational River) a. On lands within the building setback from the normal high water the Mississippi River and the protion of 0tter Creek within the Recreational land use district. I. Clea~cutting except for any authorized public services such as roads and utilities shall not be permitted. II. Selective cutting of trees in excess of four inches in diameter at breast he.ight is perrili tted provided that cutting is space~ in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the existing openings in the past) selective cutting should be performed so a~ to maintain a continuous tree cover in the remaining wooded areas. III. 'I'he above cutting provisions will not be deemed to prevent: The removal of diseased or insect infested trees, or of rooten or damaged trees that present safety hazards; Pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops, or cutting suppressed trees, or trees less than four inches in diameter at breast height b. Clear-cutting anywhere in'Wild, Scenic, or Recreational River Land Use Districts is subject to the following standards and criteria: I. Clear-cutting shall ~not be used as a cutting method where soil, slope, or other water-shed conditions are fragile and subject to injury. II. Clea~cutting shall be conducted only where clear-cut blocks, patches,~or strips are, in all cases, shaped and blended with the natural terrain. III. ,}'he size of clear cut blocks, patches, or strips shall be kept at the minimum necessary. IV. Where feasible all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clea~ cutting is conducted shall be replanted to prevent erosion, and to maintain the aesthetic quality of the area. h~ere feasible, replaning shall be performed in the same spring, or the following spring. 7. c. Grading and filling in of the natural topography which is not accessory to. a. permitted or conditional use shall not be permitted in tlie land use district. d. Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destraction of natural amenities and shall be controlled by the local ordinance. e. Grading and filling in of the natural topography shall also meet the follO'tring standards: I. The smallest amount of bare ground is exposed for as short a time as feasible; II. Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod is planted; III. Methods to prevent erosion and trap sediment are-employed; and IV. Fill is stabilized to accepted engineering standards. f. Escavation of material from, or filling in a Recreational River, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes, Section )05.42. g. No state or local authority shal1authoritethe drainage or filling in of wetlands within the Recreational River Land Use District. 2.25 Vegetative Cutting, Grading and Filling (other Public waters) a. The removal of natural vegetation shall be restricted to prevent erosion into public waters, to consume nutrients in the soil, and to preserve shore land aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions: I. Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings and other structures when viewed from the water. II. Clear cutting of natural vegetation shall be prohibited. III. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion. IV. The prOV~Slons of this section shall not apply to permitted uses which normally require the removal of natural vegetation. 8. b. Grading and filling in shore land areas or any alterations of the natural t9PQgraphy whe~~ the slope of the land is toward a public water or a wateroourse . leading to a pUblic water ImlSt be authorized by a " conditional use permit. The permit may be granted.subject to the conditions that: I. The s~allest amount of bare ground is exposed for as short a time as feasible, II. Temporary ground cover, such as mulCh, is used and permanent ground cover, such as SOd, is planted, III. Fill is stabilized to accepted engineering standards. c. Excavations on shore lands where the intended purpose is connection to a publiC water shall require a permit from the Zoning Administrator before construction is begun. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for vmrk in the beds of public waters. 2.26 Utility Companies, Standards, and Criteria for Utility Crossings. "AII transmission services constructed wi thin the MiSSissippi River Recreational shoreland district shall require a conditional use permit. The constructions of such transmission services shall be subject to the standards and criteria of Minnesota Regulations NR 79 (i) (2). No conditional use permit,shall be required for high voltage transmission lines under control v the Environmental Quality Council pursuant to Minnesota Statutes, Section 116c.61." 2.27 Public Roads, River Crossings "All new construction or reconstruction of public roads within the Mississippi River Recreational Shore land District shall require a conditional use permit. Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Regulations NR 79-(j) (2). A conditional use permit is not required for Minor public street which are street intended to serve primarily as an access to abutting properties. "Public roads" include tovmship county and muniCipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas." :'" q. 3.0 SANITARY PROVISIONS 3.1 WATER SUPPLY Any public or private supply of water for domestic purposes must conform to Minnesota Department of Health standards for water quality. 3.11 Public water supplies shall be used where available and where feasible. 3.12 Permit. No person, firm or corporation shall install, alter, repair or extend any private welLwithout obtaining a permit therefor from the Zoning Administrator for the specific installation, alteration, repair or extension. a. Application for permits shall be made in writing> _ upon printed blanks or forms furnished by the Zoning Administrator and shall be signed by the applicant. b. Each application for a permit shall have thereon the correct legal description of the property on which the proposed installation, alteration, repair or extension is to take place. Each application for a permit shall be accompanied by a plan of the site of reasonable scale and accuracy showing the location of any proposed or existing buildings located on the property with respect to the boundary lines of the property, and complete plans of the proposed water supply system with substantiating data, if necessary, attesting to the compliance with the minimum standars of this ordinance. A complete plan shall include the location, size and design of all parts of the well to be installed, altered, repaired or extended. The application shall also show the present or proposed location of sewage treatment facilities and the name and license number of the person, firm or corporation ,..ho is to install the system and shall provide such further information as may be required by the Zoning Administratbr~. c. Administration. The Zoning Administrator may assign responsibility for administration of these provisions to a qualified inspector. 3.13 Private wells shall be so located and constructed so that the~ are in compliance with the rUnnesota Department of Health well drillers code. 3.14 Private wells shall be so located and constructed that they will not be contaminated by any existing or future sewage treatment systems. They shall also be constructed to minimize the possible contamination from all possible external sources within the geological strata surrounding the well. 3.15 Private wells shall be located in a manner to be free from flooding and the top shall be so constructed and located as to be above all possible sources of pollution. Wells already existing in areas subject to flooding shall be flood proofed. 10 3.2 WASTE DISPOSAL 3.21 The disposal of sewage, industrial wastes, or other wastes as defined in Minnesota Statutes 1976, Chapter 115 shall be subject to the standards, criteria, rules and regulations of the Minnesota Pollution Control Agency and the Minnesota Department of Health. 3.22 No rubbish or trash of any sort shall be thrown or discarded in any mariller into any public water or into any watercourse leading to a public water. 3.23 No solid waste disposal site shall be located within the jurisdiction of this ordinance, unless approved by the Pollution Control Agency. 3.3 SErJAGE TREATMENT Any premises intended for human occupancy must be provided with an adequate method of sewage treatment to be maintained in accordance ~dth acceptable practices. 3.31 Public or mUni~ipal collection and treatment facilities shall be used where availabe:and where feasible. 3.32 Permit. No person, firm or corporation shall install, alter, repair or extend any individual sewage tre~tment system without first obtaining a permit therefor from the Zoning Administrator for the specific installation, alteration, repair or extension. a. Jlpplication for permits shall be made in writing upon printed blanks or forms furnished by the Zoning Administrator and shall be signed by the applicant. b. Each application for a permit shall have thereon the correct legal description of the property on which the proposed installation, alteration, repair or extension is to take place and each application for a permit shall be accompanied by a plan of the site, of reasonable scale and accuracy, showing the location of any proposed or existing buildings located on the property with respect to the boundary lines of the property and complete plans of the proposed sev~e treatment system with substantiating data, if necessary, attesting to the compliance wi th the minimum standards of this ordinance. A complete plan shall include the location, size and design of all parts of the system to be installed, altered, repaired or extended. The application shall also show the present or proposed location of water supply facilities and water supply piping, and the name of the person, firm or corporation who is to install the system, and shall provide such further information as may be required by the Zoning Administrator. 11. c. Administration. The Zoning Administrator may assign responsibility for administration of these provisions to a qualified inspector. d. Inspection. All systems shall be inspected,by the Zoning Administrator or his designated inspecto~before they are backfilled. 3.33 General Requirements a. Location and installation of the individual sewage treat- ment system shall be such that, with reasonable maintenance, it will function in a sanitary manner and will not create a hUisance, endanger the safety of any domestic water supply, nor pollute any waters of the state. In determining a suitable location for the system, consideration shall be given to the size and shape of the lot, slope6f natural and finished iSTade, soil permeability, high ground water elevation, geology, proximity to existing or furture water supplies, and future expansion of the system. (). Raw sewage, septic tank effluent, or seepage from a soil absorption system shall not be discharged on to the ground surface, into abandoned well, or bodies of surface water, or into any soil or rock formation, the structure of which is not conduciVe to purification of water by filtration, or into any well or other requirements of this ordinance. This requirement shall not apply to the treament of sewage in accor- dance with a process approved by the State Board of Health and Pollution Control Agency. c. Bulldozers, trucks, or other heavy machinery shall not be driven over the system after installation. 3.34 Privies a. Privies shall be considered to be an adequate method of sewage treatment, provided they are maintained in a clean condition and do not constitute a public nuisance. b. Privies shall be located at least 10 feet from a dwelling or lot line, and they shall meet the structural setbacks from public waters specified in Section 4.21. 3.35 Septic Tanks a. Only septic tanks meeting the specifications prescribed by the Minnesota Department of Health and Minnesota Pollution Control Agency may be installed or constructed. 1? b. Location of septic tanks shall be subject to the following restrictions: 10 feet from any building intended for human occupancy; 10 feet from a lot line; 50 feet from a well or other water supply; and where feasible, the septic tank shall be placed downslope from a well. 3.36 Soil Abosorption Systems a. Placement of soil absorption systems shall be in accordance with the shore land management classification of the applicable public water body and shall be subject to the following specifications, where soil conditions are adequate: 1. On Natural Environment Lakes and Streams, at least 150 feet from the ordinary high water mark. 2. On Recreational Development Lakes and Streams, at least 75 feet from the ordinary high water mark. 3. On General Development Lakes Streams, at least 50 feet from the ordinary high water mark. b. In addition, placement of soil absorption systems shall be subject to the following specifications: 10 feet from a lot linej 20 feet from a building intended for human occupancy; and 50 feet fromciwell.or other water supply source. c. Minimum seepage area of the disposal field (total flat area) of trench bottom exclusive of sidewall area) shall be determined by the following percolation test procedure as applied to Table 1. 1. Number and location of tests. Two or mbre tests shall be made in spearate test holes spaced uniformly over the proposed absorption field site. 2. Type of test hole. A 'hole with horizontal dimensions of 4 to 12 inches and vertical sides shall be dug or bored with an auger of not less than 4-inch diameter. 3. Preparation of test hole. The bottom and sides of the hole shall carefully scratched with a knife blade or sharp pointed instrument to remove any smeared soil surfaces and to provide a natural soil interface into which water may percolate. All loose material shall be removed from the hole and 2 inches of coarse sand or fine gravel shall be added to protect the bottom from scouring. 4. Saturation and swelling of the soil. The hole shall be carefully filled with clear water to minimum depth of 12 inches over the gravel. Water shall be -kept in the hole for at least 4 hours, and preferabley overnight, by refillin[ if necessary, or by supplying a surplus reservoir of water, such as in an automatic siphon. 13. In sandy soils containing little or no clay, the swelling procedure shall not be required and the test may be made as described under item (c) (5) (cc) after the water form one filling of the hole has completely seeped away. 5. Percolation rate measurement. With the exception of sandy sOils, percolation rate measurements shall be made on the day following the procedure described under item (c) (4). aa. If water remains in the test hole after the overnight swelling period, the depth shall be adjusted to approximately 6 inches over the gravel. From a fixed reference point the drop in water level shall be measured over a 30 minute period. This drop shall be used to calculate the percolation rate. bb. If no water remains in the hole after the overnight swelling period, clear water shall be added to bring the depth of water in the hole to approximately 6 inches over the gravel. From a fixed reference point the drop in water level shall be measured at approximately 30 minute intervals for four h011rs, refilling 6 inches over the gravel if necessary. The drop that occurs during the final 30 minute period shall be used to calculate the percolation rate. cc. In sandy soils or other soils in which the first 6 inches of water seeps away in less than 30 minutes after the overnight swelling period, the time interval between measurements shall be taken as 10 minutes and the test shall be used to calculate the percolation rate. 6. A modification of the percolation test may be used where the I,ercolation test procedure has been previously ~sed and know- ledge is available on the character and uniformity of the soil. Table 1: Absorption Area Requirements for Private Residences and Other Establishments (Per Bedroom CoIUTIh~ Provides for Residential Garbage Grinders and Automatic Sequence Washing Machine~) Percolation rate (Time required for water to fall 1 inch in minutes) Required Absorption area in square feet standard trench and seepage pits Per . bedroom Per gallon of waste per day 1 or less 2 "), -' 70 85 100 115 125 165 190 .20 .30 .35 .40 .45 .65 .80 4 5 10 15 1/L Per Per gallon of bedroom waste per day 30 250 1.10 45 300 1.25 60 330 1.65 Absorption area for standard trenches is figured as trench-bottom area. Absorption area for seepage pits is figured as effective sidewall area beneath the inlet. In every case sufficient area should be provided for at least 2 bedrooms. Unsuitable for seepage pits if over 30. Unsuitable for absorption system if over 60. d. Soil absorption systems shall not be acceptable for treatment of domestic sewage wastes for developments on lots adjacent to public waters under the following condition: 1. Low swampy areas or areas subject to recurrent flooding; or 2. Areas where the highest known ground water table is within four feet of the bottom of the soil absorption system at any time; or 3. Area of exposed bedrock or shallow bedrock within four feet of the bottom of a soil absorption system or any other geologic formation which prohibits percolation of the effluer,t j or 4. Areas of ground slope where there is danger of seepage of effluent onto the surface of the ground, in accordance with the following critical slope values: Percolation Critical Rate (Minutes) Slope Less than 3 2etfo or more 3-45 15% or more 45-60 1etfo or more; or 5. Soils where the percolation rate is slower than one (1) inch in sixty (60) minutes. 3.37 Servicing of septic tanks and soil absorption units shall conform to theM innesota Department of Health and Minnesota Pollution Control Agency specifications. Disposal of sludge and scum removed from the system shall be: a. Into a municipal sewage treatment system where practicable. b. In the absence of public sewer, at q. disposal site designated by the Zoning Administrator. c. Sludge shall not be discharged into any lake or watercouse, nor on land without burial. 3.38 Alternative Systems a. Alternative methods of sewage treatment such as holding tanks, electric or gas incinerators, biological and/or tertiary waste treatment plants or land disposal systems, wherever required or allowed in particular circumstances, shall be subject to 11;_ the standards, criteria, rules and re~lations of the Minnesota Department of Health and Minnesota Pollution Control Agency. 3.4 AGRICULTURAL WASTE DISPOSAL Any agricultural waste disposal operations in shoreland areas must conform to the standards, criteria, rules and regulations of the Minnesota Pollution Control Agency. 4.0 Administration of Shoreland Overlay District. (note: these administrative procedures are in addition to'those of the Ci~y of Elk River Zoning Ordinance.) 4.1 Notification a. Copies of all notices of any public hearing to consider variances, amendments, conditional uses, or inconsistent plats in shoreland areas shall be received by the Commissioner at least 10 days prior to such hearings. b. Copies of all final decisions granting variances, amendments, conditional uses, or inconsistent plats and copies of all plats in shoreland areas shall be received by the Commissioner within 10 days of the final action. 4.2 Permits a. Permits from the zoning administrator are required for bUilding construction, installation of sewer and water facilities and. grading and filling in shore land areas. 4.31 The grant of a variance within the shore land districts requires the presence of the following conditions: a. The strict enforcement of the land use controls will result in unnecessary hardship. b. Granting of the variance is not contrary to the purpose and intent of the zoning provision herein established by these standards and criteria. c. There are exceptional circumstances unique to the subject property which were not created by the landowners. d. Granting of the variance will not alter the essential character of locality. 4.4 Nonconforming Uses, Substandard Uses 4.41 Nonconforming Uses. Uses which are prohibited by this ordinance but which are in existence prior to the effective date of this ordinance shall be non-conforming uses. Such uses shall hot be intenSified, enlarged, or expanded beyond the permitted or delineated boundaries of use or activity as stipulated in most current permit issued prior to the adoption of this ordinance. 16. 4.42 Nonconforming Sanitary Systems. All sanitary facilities inconsistent wi th the performance standardS of section 3.0 and the minimum standards of the Minnesota Pollution Control Agency and the Minnesota Department of Health shall be brought into conformity of discontinued within five (5) years of the date of enactment of this or other applicable ordinance. 4.43 Substandard Uses. All uses in existence prior to the effective date of enactment or amendment of this ordinance which are permitted uses within the newlyestablish~d land use district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this ordinance are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: 1. Any structural alteration or addition to a substandard use which will increase the substandard dimensions shall not be al101.;ed. 2. Substandard signs shall be gradually eliminated over a period of time not to exceed five (5) years from,the date of enactment of this ordinance. 3. i1here '3. setback pattern from the ordinary high watermark has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. (this provision shall apply to lots which do not meet the minimum lot width requirements (Section 502.02 (3) of this ordinance.) 4.5 CERTIFICATION (FOR THE MISSISSIPPI RIVER "RECP.EATIONAL" LAND USE DISTRICT ONLY.) 4.51 Certain land use decisions which directly affect the use of land within the designated land use districts and involve any of the following actions must be certified by the commissioner, (Section 1007.02): 1'. Adopting or amending an ordinance regulating the use of land including rezoning of particular tracts of land. 2. Granting a variance from a provision of this ordinance which relates to the zoning dimension provision of Section 5 of this ordinance and any other zoning dimension provisions established in NR 2400-2420. 3. Approving a plat which is inconsistent with the local land use ordinance. 4.52 Certification Procedure 1. A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under local ordinance shall be sent so as to be received by the commissioner at least ten (10) days prior to such hearings or meetings to consider such actions. The notice of applicationslialTinclude a copy of the proposed ordinances or amendment t or a cop,y of the proposed inconsistent plat, or a description of the requestea variance. 2. (local units) shall notify the commissioner of its final decision on the proposed action ~nthin ten (10) days of the decision. 3. The action becomes effective when and onlv when either: a. 'The final decision taken by (local ~it) has previously received certification of approval from the commissioner, or b. (local unit) receive certification of approval after its final decision; or c. Thirty (30) days have elapsed from the day the commissioner received notice of the final decision, and the (local unit) has received from the commissioner neither certification of approval nor notice of non-approval; or. d. The commissioner certifies his approval within thirty (30) days after conduction a public hearing. 4. In case the commissioner gives notice of non-approval of an ordinance, variance of inconsistent plat, either the applicant or the chief executive officer of (local unit) may within thirty (30) days of said notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within thirty (30) days, the notice of non-approval becomes final. a. The hearing will be held in an appropriate local community within sixty (60) days of the demand and after at least two (2) weeks published notice. b. The hearing will be conducted in accordance with Minnesota Statutes 105.44, subdivision 5 and 6 (1971) as amended. c. The commissioner shall either certify his approval or disapproval of the proposed action within thirty (30) days of the hearing. 18. ADDENDUM II TQ;;;ZeNING ORDINANCE ",-- SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authoriztion The Legislature of the State of Minnesota has in Minnesota Statutes 1969, e. 104, and " 462" ~elegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council (governing body) of The City of Elk River Minnesota do ordain as follows: (local unit) 1.2 Findings of Fact 1.21 The flood hazard areas of "Elk River" ,Minnesota, are (local unit) subject to periodic inundation which may result 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 tHX base, all of which adversely ijffect the public health, safety and general welfare. 1.22 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 PIinnesota Department of Natural Resources. 1.3 Statement of Purpose. It is the purpose oJl this Ordinance to promote the public bealth, safety and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. 2.5 Abregation and Greater Restrictions. It is not intended by this Ordinance to repeal, abregate or impair any existing easements, covenants, or deed restrictions, o:b:cOrdinanc'es.> Hbwev'er,~':where this Ord:inance-dmpos:e:s' gbeater':restrfu-ctions, nthe>proVi:sionof this- Ordinance shala:: prevail-~ .'1, '..-" ( ,'-. ~l" 1~.- lro. i-:!~..~,:: +.;;::-:1'1(.' 2.6 Interpretation. 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, or Ordinances. 2.7 Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of !pe City of Elk River or any officer or employee thereof for any ~name of local unit) flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.8 Seyerability. 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. 2.9 Definitions. Unless specifically defined below, words or phrases used in this erdinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinant to the principal use or structure. Equal Degree of Encroachment - a method of determi~ng the location of encroachment lines so that the hydraulic capacity of flood plain lands on each side of a stream are reduced by an eqtlal amount when calculating the increases in flood stageG due to flood plain encroachments. F~ood - A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood Frequ~ncy - the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodHay. Flood Plain - the areas adjoining a watercourse, which have been or hereafter ~ay be covered by the regional flood. Flood Proofi~ - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway - the channel of the watercourse and those portions of the adjoirdng flood plains which are reasonably required to carry and discha:sge the regional flood. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, buildjng, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, water- course, or regulatory flood hazard area 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, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influBnced by a natural or man- made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings WOQld most typically constitute a reach. Regional Flc~d - 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. Regulatory Flood Protection Elevation - a point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this Ordinance are required tocbe elevated or flood proofed. Structure - anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, shed~, cabins, mobile homes, and other similar items. SECTION 2.0 GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies. This Ordinance shall apply to all lands vdthin the jurisdiction of The City of Elk River shown on the (local unit name) Official Zoning Map as being located within the boundaries of the Floodway and Flood Fringe Districts and by the Flood Insurance Study for the City of Elk River as an unnumbered A Zone. 2.2 Establishment of Official Zoning Map. The Official Zoning Map together with all explanatory matter thereon, and attached thereto is hereby adopted by reference and de~lared to be a part of this Ordinance. The Official Zoning Map shall be on file in the office of the The Flood Insurance Stucly the Federal Insuranc~ Admini- straticn, dated May 2, 1977, and the water surface profiles and Flood Boundary and Floodway Maps therein are attached to and made part of the Official Zoning Map and this Ordinance. 2.3 Rules for Interpretation of District Boundaries. The Flood Hazard boundarieSl shall be determined by scaling distances otl the Federal'_ Insurance Administration Flood Insurance Study Map. Where interpretation is needed as to the exact location of the boundaries of the flood district, as for example where there appears to be a conflict between a mapped bounda~1 and actual field conditions, the Board of Adjustment shall make the necessary interpertation based on elevations on the applicable water surface profile. The person contesting the location of the district boundar:r shall be given a reasonable opportunity to present his case to the Board and to submit technical evidence if he so desires. 2.4 Compliance. No structure or land shall hereafter be used and no structu:~e 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. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS. The flood plain 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 Insurance Study Map. Permit applications for areas designated as unnumbered A Zones by the Flood Insurance Study for the City of Elk River shall be evaluated in accordance with procedures in Section 9.52. Based on this evaluation, the area in question shall be assigned to the Floodway Distric~ or the Flood Fringe District as appropriate and a flood protection elevation shall be det~rmined. SECTION 4.0 FJLOODWAY :DISTRI-'cT (F'w) The floodway District is established for areas of the flood plain which because of their location to the water course and channel during flood stage, must be kept relatively free of obstructions to property discharge flood waters without creating additional flooding or delaying flood discharge. 4.1 Permitted Uses. The fallowing uses having a ~ow flood damage potential and not obstructing flood flows shall be permitted within the Flooaway District to the extent that they are not prohibited by any other ordinance and provided they do no require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facilit~. or system. 4.11 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic LTounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunti~g and fishing areas, hiking and horseback riding trails. 4.13 Residential uses such as lawns, gard~ns, parking areas and play areas. 4.2 Conditional Uses. The following open space uses which require only accessory structures (temporary or permanent), or fill or storage of materials or equip- ment may be permitted in the Floodway District only upon application to the Zo~ing Administrator and the issuance of a special permit by the Board of Adjustment as provided in Section 9.5, Conditional Use Permits, of this Ordinance. These uses are also subject to the provisions of Section 4.3, which applies to all floodway Conditional Uses. 4.21 Circm;es , carnivals, and similar transient amusement enter- priseE;. 4.22 Extraction of sand, gravel, and other materials. 4.23 Marinas, boat rentals, docks, piers, warves, and water control stlmctures. 4.24 Railroads, streets, bridges, utility transmission lines, and pipe lines. Storage yards for equipment, machinery, or materials. Kennels and stables. Other uses similar in nature to uses described in Section 4.1 which are consistent with the provisions set out in Section 1.3 and 4.0 of this Ordinance. 4.3 Standards for Floodway Conditional Uses 4.31 All UE,es. 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 Conditional Uses which, acting alone or in combin- ation with existing or anticipated future uses, unduly affects the c~pacity of the floodway or unduly increases flood heights. Consiceration of the effects of a proposed use shall be based on the reasonable assumption that there will be an equal degree of encro;::;chment extending for a significant reach on both sides of the 4.25 4.26 4.27 stream. 4.32 Fill (1) Any fill proposed to be deposited in the floodwGY must be shown to have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. (2) Such fill or other materials ,win be protected against. erosion by rip-rap, vegetative cover, or bulkheading. 4.33 Accessory Structures (temporary or permanent) permitted as Conditional Uses by Section J+e21 (1) Accessory structures shall not be designed for human habitation. (2) Accessury structures shall have a low flood damage potential. (3) Accessory structures, if permitted, shall be constructed and placed on the building site so as to be removed prior to flooding. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (b) So far as practicable, structures shall be placed approxi- mately on the same flood flow lines as those of adjoining structures. (4) Accessory structures shall be flood proOfed" in accordance With the State Building Code. ~.34 Storage of Haterial and Equipment (1) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human animal, or plant life is prohibited. (2) Storage of other material or equipment may be allowed if not subject, to major damage by floods and firmly anchored to prevent flotation or reamily removable from the area within the time available after flood warning. 4.35 Garbage anc Solid Waste Disposal (1) No Conditional Use Permits for garbage and waste disposal sites shall be issued for floodway areas. (2) Provided further, there shall be no further encroachment upon the floodway at existing sites. 4.36 Structural Works for Flood Control. Structural works for .flood control such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance of a Conditional Use Permit. In addition, any porposed work in the beds of public waters which ~dll change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1969, c. 105, and other applicable statutes. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) The Flood Fringe District is established for Areas of the Flood Plain not a part of the water course or channel, and would not dintract 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. 5.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: 5.11 Any use permitted in Section 4.1 5.12 Residences and other structures constructed on fill so that the basement floor or first floor if there is no basement is above the regulatory flood protection elevation. The finished fill elevat:Lon shall be no lower than the regional flood elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip-rap or vegetative covering. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main stream, drainage ditch, or any other drainage facility or system. 5.2 Conditional l~ other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit by the Board of Adjustment as provided in Section 9.5 of this Ordinance and subject t.o the following provisions: 5.21 Residences. Where existing street, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basesments) above the flood protection elevation may be authorized. Residences that do not have access at or above an elevation not more than,one foot below the regional flood elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on period of use or occupancy of the residence. 5.22 Residential Basements. Upon the granting of a waiver by the Federal Insurance k:lministration to the City of Elk River or to the State of Minnesota,residehtial basements below the flood protection elevation may be authorized only if they are flood proofed to FP-l classisfi- cation in accordance with the State Building Code. No floor or portion of a residence below the flood protection elevation may be used for human occupancy. 5.23 other Structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the regulatory flood protection elevation but may in special circumstances be flood proofed in accordances with the State Building Code. Any space in such structure that is not elevated to above the flood protection elevation shall be flood proofed to ?P-l or FP-2 classification in accordance with the State Building Code. Spaces flood proofed to FP-3 or FP-4 classification shall not be permitted prior to changes in Federal Insurance Administration regulations that would allow such uses. 5.3 Standard For Flood Fringe Uses 5.31 Commercial Uses. Accessory land uses, such as yard, railroad tracks, and parking lots may be at elevations lower than the Flood Proctection Elevation. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system, if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. 5.32 Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially for 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 5.22 above. In reviewing permit applications, the Board shall give due consideration to needs of an indus"try whose business requires that it be located in flood plain areas. 5.33 Utilities, ILailroad Tracks, Street, and Bridges. Public utility facilities, roads, railroad tracks, and bridges within the flood plain shall be designed to minimize increases in flood elevations and shall be compatible with local comprehensive flood plain development plans. Protection to the regulatory flood protection elevation shall be provided where failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities &re essential to the orderly functioning of the area. Where failure or interruptioncof service~would(notendangerlife or health, a lesser de5'Tee:of protection may be provided for minor or auxiliary road, railroads, or utilities. 5.34 Waste Treatment and Waste Disposal. (+.) No ne~ constTUctioJ;l, adclitlion, or modification' toeristing waste treatment facilities shall be permitted within the flood plain unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed ~dth, and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters. (2) There shall be no disposal of garbage or solid waste materiels within flood plain areas except upon issuance of a Conditional Use Permit for sites approved by the Minnesota Pollution Control Agency and subject to the requirements of Section 4.35. 5.35 Flood Control Works, Flood control works shall be subject to the provisions of Section 4.36 and the following provisions: (1) The minimum height and design of any dikes, levees, floodwalls, or similar structural works shall be based upon the flood profile of the regional flood confined between the structures f;ubjectto'the following: (a) For urban areas the mininmm height and design of structural works shall be at least three feet above the elevation of the regional flood, as confined by structures, or at the elevation of the standard project flood, whichever is greater. -~ n; " J. .." .', ,r""'''-' L\ " .. 0:: . ,'.~.\ - -:.1..: .J.. ,... '_.~, , ," ~'\r,.r-. ',-"~l \..1 ~.' _;~, <'I .....~: :;l~-: :."-".1 .c .-r' .=.3'" ''\ ~-<. ; ,.: h (2) Flood protection elevations and floodway limits which reflect proposed measures for flood control shill not be effective until such measures are constructed and operative unless the proposed measures ~rlll increase flood heights, in which event, the regulatory flood protection elevations and flood plain limits shall reflect the anticipated increases. (3) Detailed plans shall be submitted to the Board for aIT;{ new developments placed on the flood plain landward from dikes, floodwalls, and similar structures. The plans must provide for ponding areas or other measures to protect against flooding from internal drainage. SECTION 6.0 SUBDIVIE; IONS No land shall be subdivided which is held unsuitable by The City for reason of flooding, inadequate drainage or inadequate water supply or sewage treatment facilities. All lots cantained within the flood plain dist.ricts shill contain a building site at or above the flood protection elevation. All subdivisions shall have access and water and sewage disposal facilities that comply with provisions of this Ordinance. In all areas designated an unnumbered A Zone in the Flood Insurance Study J~or the City, subdividers shall provide the information required in Section 9.52 and the subdivision shall be evaluated in accordance with procedures therein. Section 7.0 PUBLIC UTILITIES All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain districts shall be designed and constructed in a manner to minimize or eliminate flood damage. Sewer and water supply systems shall be designed to minimize infiltration by flood waters. SEeTION 8.0 MOBIL HOMES AND MOBILE HOME PARKS 8.1 New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions placed on subdivisions by Section 6.0. 8.2 Mobile homes on permanent sites in existing mobile parks may be replaced if the site is located in the Flood Fringe District. Replacement mobile hones that lie below the flood protection elevation shall be anchored by tiedowns that comply with requirements of Minnesota Statutes Chapter 327.32 SECTION 9.0 ADMINIfjTRATION 9.1 Zoning Adninistrator The Zoning Administrator designated in the City Zoning Ordinance shall administer and enforce this Ordinance. If he finds a violation of the provisions of this Ordinance he shall notify tho person responsible for such violation, indicating the nature of the violation, and ordering the action necessarY to correct it. 9.2 Permits 9.21 BuiJ.ding Permit Required. A Building Permit or Certificate of of Zoning Compliance issued by the Zoning Administrator in con- fornity 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 < building, structure, or land; prior to the change or extension of & Nonconforming Use; and proir to the placement of fill or excc.vation of materials within the floodplain. 9.22 Application for Building Permit required..Application for Building Permit shall be made to the Zoning Administrator on forms furnished by the City and shall include the following where applicable plans in duplicate drawn to scale, showing the nature, location, dimension';, and elevations of the lot; existing or proposed str~ctures, fill, or storage of materials; and the location of the foregoing in relation to the channel. ~.23 State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance. the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 9.24 Cert.ificate of Zoning Compliance for New or Altered, Uses. It shall be unlawful to use, occup,y or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or e.nlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Admi.nistrator stating that the use of the building or land conforms to the requirements of this Ordinance. 9.25 Construction and Use to be as Provided in Applications, Plans, Permits, and Certificates of Zoning Compliance. Building Permits, Conditional Use Permits, or Certificates of Zon:iiJ.g 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 varimce with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 10.0. The applicant shall be required to submit certification by a registered professional engineer or architect that the finished fill and building elevations, flood proofing or other flood protection measures were accomplished in compliance with the provisions of this Ordinance. A registered land surveyor may certify fill and building elevations. 9.26 Record of First Floor Elevations. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in tJle flood plain districts. He shall also maintain a record of the elevations to which structures or additions to structures are flood proofed. 9.3 Board of Adjustment. The Board of Adjustment shall be the Board of Adjustments established in the City Zoning Ordinance and shall function under the authority, rules and regulations of the Zoning Ordinance and shall also perform the additional functions denoted in this Ordinance. 9.31 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, dec:"_sion, or determination made by an administrative official in the enforcement or administration of this Ordinance. 9.32 Variances. It may hear upon appeal in specific cases such Var:tance from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions and literal enforcement of the provisions of the Ordinance will result in tUlnecessary hardship and so that the spirit of the Ordinance shaJ.l be observed and substantial justice done. 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 flood protection elevation for the particular area, or permit standards lower than those required by State law. e.4 Hearings cLOd Decisions of the Board of Adjustment 9.41 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the 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. The Board shall submit to the Commissioner of Natural Resources a copy of the application for proposed Variances or Conditional Uses sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 9.42 Decisions. The Board shall arrive at a decision on such appeal Concitional Use or Variance within~ reasonable period of time. In Jassing upon an appeal the Board may, so long as such action is in conformity with the provisions of this Ordina4ce, reverse or affirm, wholly or in part, or modify the order, :r-equirement, decision, or determination appealed from and it shall make its decision in writing setting forth the findings of fact and the reasons for its decisiom;, the Board shall submit their recommendaticns to the City Council who shall make the final deterrrrLnation as defined in the City Zoning Ordinance. In granting a Variance the Board may prescribe appropriate conditions and ~;afeguards, in addition to those specified in SectIori6. 55, wIrfch are in conformity with the purposes of this Ordinance. Violations of s,lch conditions and safeguards, when made a part of the terms under which the Conditionsl Use Permit or Variance is granted, shall be deemed a violation of this Ordinance punisr~ble under Section 11.0. A co~ of all decisions granting Variances or Cond~tional Use Permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. 9.43 (For use by municipalities) City Council (governing body) Appeals from any decision of the Board Appeal to the and District Court. may be taken by any person or persons, jointly or sEverally, aggr:.eved by any decision of the Board, or any taxpayer, officer, department, board, or bureau of the ~cipality, to the City CO:t.m.Cil,.," . The decision of the City, Council {gov~rning body) (governing body) may 'be applealed to the district court, of this jurisdiction as provided in Minnesota Statutes 462.361 -. ~ )~-, .- .-' \ ('> to,. n --I i; .7l - . ,--~, ,"" 9.5 Conditional Use Permits 9.51 Any use requiring a special permit under this Ordinance may be allowed only upon application to the Zoning Administrator on forns furnished by him and issuance of a Conditional Use Permit by the Planning Commision and Council. Upon receipt of the application, the Zoning Administrator shall forthwith submit it ~o the Planning Commission. 9.52 Procedure to be followed by the Planning Commission in Passing on Conditional Use Permits. Upon receiving an application for a Conditional Use Permit involving the use of fill, construction of structures, or storage of materials, the City shalL proir to renderi:1.g a decision thereon: I (1) Require the applicant to furnish such of the folloWling information and additional information as deemEd necessary by the Board for determing the suitability of the particular site for the proposed use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the rela- tionship of the above to the location of the channel. (b) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. ( c) Plan (surface view) showing elevations'~or contours Of'"the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevation of streets, water supply, sanitary facilities; photographs showing e:cisting land uses and vegetation upstream and downstream; and soil type s . (d) Profile showing the slope of the bottom of the channel or flow line of the stream. (e) Specifications for building construction ~nd materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (2) Transmit one copy of the information described in subsection (1) to a designated engineer'or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Board shall determine the specific flood hazard at the site and evaluate the suitablility of the proposed use in relation to the flood haza~d. 9.53 Factors Upon Which the Decision of the Planning Co~nision and Council Shall Be Based. In passing upon Conditional Use apJ)lications, the Plarning Commission and Council shall consider all relevant factors specified in other sections of this Ordinance, and (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage arld the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with exinting develop- ment and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. 9.54 Time for Acting on Application. The Planning Commision shall act on fn application in the manner above described Within thirty (30) daYf> from receiving the application, except that where additional infcrmation is required pursuant to Section 6.52(1) of this Ordinance., theJ' shall render a written decision within sixty (60) days from the recfipt of such information, their decision shall b:~ forwarded to the Council for action at their next offical meeting. 9.55 Concitions Attached to Conditional Use Permits. Upon consid- eration of the factors listed above and the PUrposes of this Ordinance, the City may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of the Ordinance. Such conditions may include, but are not limited to, the following: (1) Modification of waste disposal and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifications, dikes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the State Building Code. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the flood proofing neasures are con- sistent with the regUlatory flood_protection elevation and associated flood factors for the praticular area. SECTION 10.0 NONCONFORMING USES 10.1 A s+.ructure or the use of a structure or premises which was lawful before the passage or amendment of the Ordinance but which is not in eonformity with the provisions of this Ordinance may be. continued subject to the following conditions: 10.11 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 10. .c2 No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a Nonconforming Use unless the structure is permanently changed to a Conforming Use. 10.13 If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The Zoning Administrator shall be responsible fo;' recording of and notification of instance of Nonconforming Uses which have been discontinued for a period of 12 months. 10.<,4 If any Nonconforming Use is destroyed by any~means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Ordinance. 10. ~~5 Uses or adjuncts thereof which are or becorre nuisances shall not be entitled to continue as Nonconforming Uses. 10.16 Except as provided in Section 10.15, any use which has been permitted as a Conditionsl Use shall not be considered as a Nonconforming Use. 10.17 Nonconforming Uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordinance within a reasonf.ble period of time. The City shall make its determination upon the basis of the normal useful life of any improvement.upon the premise3. In addition, the monetary value of any comp~tative advantage derived by the operation of such Nonconforming Use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be comidered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 10.1(~ Any alteration or addition to any Nonconforrr.ing Use which would result in substantially increasing its flood damage potential shall be protected in accordance 1I>:ith Section 6.55 of this Ordinance. 10.19 The Zoning Administrator shall prepare a list of those Nonconforming Uses which have been floodproofed or otherwise adequately protected in conformity with Section 9.55. He shall present such list to the Planning Comrr~ssion which ~ay issue a certificate to the owner stating that such uses as a result of these corrective measures are in conformity with the provisions of this Ordinance. SECTION 11.0 PENALTIES FOR VIOLATION Violation of the provisions of this Ordinance or failure -':.0 comply with ar10l of its requirements (including violations of conditions and safeguards established in connection ....ith 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 three hundred ($300.00) dollars 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 seperate offense. Nothing herein contained shall prevent the City of Elk River from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 12.0 fMENDMENTS The flood plain designation on maps described in this Ordinance, shall not be removed from flood plain areas unless it can be shown that the designation iE. in error. Special exceptions to this rule may be permitted by the Commissioner of Natural Rescurces if he determines that, through other measures, lands are protected adeq~ately for the intended uses. All amendrrents to this ordinance including amendments to "~he Official Zoning Map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes to the Official Zoning Map require approval by the Federal Insurance Administrator.