ORD 23-25of
ver
Ordinance 23 - 25
An Ordinance Amending Chapter 30, Sec. 30-1861, Definitions, through Sec. 30-
1914 Nonconforming Structures & Uses, of the City of Elk River, Minnesota, City
Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-1861, Definitions, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
Sec. 30-1861. Definitions.
The definitions in section 30-1 are applicable in this division. Unless specifically defined in
section 30-1, words or phrases used in this division shall be interpreted so as to give them the same
meaning as found elsewhere in this Code, or as they have in common usage and so as to give this
division its most reasonable application.
Base Flood means the flood having a one -percent chance of being equaled or exceeded in any
given year. "Base flood" is sGvnoM-mous with the term "regional flood" used in Minnesota Rules,
hart 6120.5000.
Base Flood Elevation (BFE). The elevation of the base flood, regiona�d, or one -percent
annual chance flood. The term "base flood elevation" is used in the Flood Insurance Study,, which
was conducted by De artment of Natural Resources and is attached to the Ci �'s official flood lain
T
Develo meat. An man-made change to im roved or unim iroved real estate including, but not
limited to buildings or other structures, mining, dredging, filling,_ aadin€;,_l�avinl;, excavation, or
drilling operations, or storage of materials or eclui ment.
Farm Fence. An open type of fence of posts and horizontal run wire, further specified in
Minnesota Statutes Section 344.02, Subd. 1 Ua] —_W.
Flood Fringe. The portion of the one -percent annual chance floodplain is located outside of the
floodway. .
Flood Insurance Kate Mats C1=IKM1. An official map on which the Federal Insurance Administrator
has delineated both the special flood hazard areas and the risk premium zones applicable to the
communih-. A FIRM that has been made available digitally is called a D' ital Flood Insurance Rate
Map (DFIRM).
Flood4lain. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other
source which have been or hereafter may be inundated by the base flood.
Flooda 4. The bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining floodnlain which must be reserved to carry or store the base flood discharge without
cumulatively increasing the water surface elevation more than one-half foot.
Manufactured home means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without permanent foundation when attached to
the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
Recreational Vehicle. A vehicle that is built on a single chassis. is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled or permanently
towable by a light duty truck and is designed primaj*, not for use as a .permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. Those vehicles not
meeting this definition shall be considered a structure for the purposes of this ordinance. For the
VgMoses of this ordinance the term recreational vehicle is unonymous with the term "travel
trailer/travel vehicle."
R gulatoa Flood Protection Elevation aUt PE]. An elevation no lower than one foot above the
elevation of the base flood plus any increases in water surface elevation caused by encroachments on
the flood Main that result from designation of a floodway. These increases in water surface elevations
are r icall identified in the Floodwa , Data Tables found in the Flood Insurance Study. Structure,
when used in division 11 of this article, means a roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not
considered travel ready, as provided in Section 30-1911(c (10), shall also be considered a
nonconforming structure for the ,purposes of this division.
Substantial damage. as used in this division, means damage of any origin sustained by a structure
where the cost of restoring the structure to it before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial improvement, as used in this division, means, within any 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage,
addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. This term
includes structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the building
official and which are the minimum necessary to assure safe living conditions.
(2) Any alteration of an "historic structure," provided that the alteration will not preclude the
structure's continued designation as an "historic structure." For the purpose of this
division, "historic structure" shall be defined in 44 Code of Federal Regulations, Part 59.1.
Variance, when used in division 11 of this article, means a modification of a specific
permitted development standards required in an official control including this division,
but only as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty, or unique circumstances as defined and elaborated upon in the City's
zoning code.
(Code 1982, 5 902.02(8); Ord. No. 2000-02, § 3, 3-20-2000; Ord. No. 11-05, § 2, 10-17-2011)
Cross reference(s)—Definitions generally, � 1-2.
Sec. 30-1862. Statutory authority.
The legislature of the state has, in Minn. Stats. chs. 103F and 462, delegated the responsibility
to local government units to adopt regulations designed to minimize flood losses. Therefore, the city
council does ordain as provided in this division.
(Code 1982, § 902.00(1))
Sec. 30-1863. Findings.
(a) The flood hazard areas of the city are subject to periodic inundation which results in potential
loss of life, loss of property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely affect the public health, safety, and general
welfare.
(b) This division is based upon a reasonable method of analyzing flood hazards which is consistent
with the standards established by the state department of natural resources.
(c) This division is adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations, Parts 59-80, as amended, so
as to maintain the city's eligibility in the National Flood Insurance Program.
(d) This division is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts, improve
water quality,reduce soil erosion rotect aquatic and ri )arian habitat ptovide recreational
opisortunities,,provide aesthetic benefits, and enhance community and economic development.
(Code 1982, § 902.00(2); Ord. No. 11-05, § 3, 10-17-2011)
Sec. 30-1864. Purpose of division.
It is the purpose of this division to promote the public health, safety, and general welfare and
to minimize those losses described in section 30-1863(a) by provisions contained in this division.
(Code 1982, § 902.00(3))
Sec. 30-1865. Lands to which division applies.
This division shall apply only to those lands within the jurisdiction of the city shown on the
official zoning map and/or the attachments thereto as being located within the boundaries of the
floodplain. lain shown as Zones A or AEJ on the Flood Insurance
Rate Map panels.
(Code 1982, § 902.02(1); Ord. No. 11-05, § 4, 10-17-2011)
Sec. 30-1866. Compliance with division.
No new structure or land shall hereafter be used, and no structure shall be constructed, located,
extended, converted, or structurally altered without full compliance with the terms of this division
and other applicable regulations which apply to uses within the jurisdiction of this division. All uses
within the floodplain not listed in Sec. 30-1911 shall be prohibited.
(Code 1982, § 902.04(2); Ord. No. 11-05, 5 5, 10-17-2011)
Sec. 30-1867. Zoning map adopted.
The official zoning map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this division. The material attached to the official zoning map
shall include the Flood Insurance Study, Sherburne County, Minnesota and Incorporated Areas, the
Map Index for Flood Insurance Study, Sherburne County, Minnesota and Incorporated Areas with
Map Number 27141CINDO A and the Flood Insurance Rate Map panels therein, numbered
27141CO270 F, 27141CO295 F, 27141CO360 F, 27141CO370 F, 27141CO380 F, 27141CO385 F,
27141CO390 F, 27141CO395 F, and 27141CO410 F, all of these documents being dated November
16, 2011, and prepared by the Federal Emergency Management Agency. The official zoning map
shall be on file in the office of the city clerk.
(Code 1982,5 902.02(2); Ord. No. 2000-02, § 1, 3-20-2000; Ord. No. 11-05, § 6, 10-17-20
SEC. 30-1868. Annexations.
The Flood Insurance Rate Map panels referenced in Sec. 30-1867 may include floodplain
areas that lie outside of the corporate boundaries of the city at the time of adoption of this division.
If any of these floodplain land areas are annexed into the City after the date of adoption of this
ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance
immediately upon the date of annexation. Annexations into panels not referenced in Sec. 30-1867
require ordinance amendment in accordance with Sec. 30-1869.
Sec. 30-1869. Regulatory flood protection elevation.
The regulatory flood protection elevation shall be an elevation no lower than one foot above
the elevation of the regional base flood plus any increases in flood elevations caused by
encroachments on the floodplain that result from designation of a floodway. The - _b _'_ftta_,- feed
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(Code 1982, § 902.02(3); Ord. No. 2000-02, § 2, 3-20-2000)
Sec. 30-1870. Amendments.
(a) Ordinance Amendments. Any revisions to the floodplain maps by the Federal Emergency
Management Agency or annexations of new map panels require an ordinance amendment to
update the map references in Sec. 30-1867 of this division.
(b) BeguiredApproval.-All amendments to this ordinance must be submitted to the Department of
Natural Resources (DNR) for review and approval prior to adoption, for compliance with state
and federal rules and requirements. Amendments to the floodplain ordinance shall not be
considered valid until approved by the DNR.
(Code 1982, § 902.22; Ord. No. 11-05, § 7, 10-17-2011)
MUM WIN
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Sec. 30-1871. Interpretation of division; determination of boundaries of districts.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the
official zoning map. Where interpretation is needed as to the exact location of the
boundaries of the district as shown on the official zoning map, as for example where there
appears to be a conflict between a mapped boundary and actual field conditions, and there
is a formal appeal of the decision of the land development staff, the board of adjustments
shall make the necessary interpretation. All decisions will be based on elevations on the
regional (100-year) flood profile, the ground elevations that existed on the site 'at the time
the city adopted its initial floodplain regulations or on the date of the first National Flood
Insurance Program map showing the area within the 100-year floodplain if earlier, and
other available technical data. Persons contesting the location of the district boundaries
shall be given a reasonable opportunity to present their case to the board of adjustments
and to submit technical evidence.
(Code 1982, § 902.02(4); Ord. No. 11-05, § 8, 10-17-2011)
Sec. 30-1872. Effect of division on existing easements, covenants, or deed restrictions.
It is not intended by this division to repeal, abrogate, or impair any existing easements,
covenants, or . private agreements. However, where this division imposes greater
restrictions, the provisions of this division shall prevail.
(Code 1982, § 902.02(5); Ord. No. 11-05, § 9, 10-17-2011)
Sec. 30-1873. Warning and disclaimer of liability.
This division does not imply that areas outside the floodplain districts or land uses permitted
within such districts will be free from flooding or flood damages. This division shall not create
liability on the part of the city or any officer or employee thereof for any flood damages that result
from reliance on this division, or any administrative decision lawfully made thereunder.
If any section, clause, provision, or portion of this division is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this division shall not be affected
thereby and shall remain in full force and effect.
(Code 1982, § 902.02(6); Ord. No. 11-05, § 10, 10-17-2011)
Sec. 30-1874. Penalty; additional remedies.
(a) Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or
maintained in the floodplain in violation of this ordinance shall be considered a public
nuisance.
(b) Civil Remedies The creation of a public nuisance may be enjoined and the maintenance of a
public nuisance under this ordinance may be abated by an action brought by the city or the
Department of Natural Resources consistent with the provisions of City Code 5 Chp. 46..
(c) Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is
punishable as defined by law. The city and the State commissioner 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.
(Code 1982,5 902.20; Ord. No. 11-05, § 11, 10-17-2011)
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(Code 1982, § 902.04(2)(A)—(C); Ord. No. 11-05, § 12, 10-17-2011)
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Secs. 30-1875-30-1890. Reserved.
SECTION 2. That § Section 30-1891, Administration, of the City of Elk River Code of
Ordinances shall be amended to read as follows:
(a) The land development staff of the city shall administer and enforce this division. If the land
development staff finds a violation of the provisions of this division, the land development
staff shall notify the person responsible for such violation in aceefda-flee with the pr-eeedur-es
states i Section 30 1873 and provide a reasonable time, based on the circumstances, to remedy
the violation.
(b) The land development staff shall maintain a record of the elevation of the lowest floor,
including basement, of all new structures and alterations or additions to existing structures in
the floodplain. The land development staff shall also maintain a record of the elevation to
which structures or alterations and additions to structures are floodproofed.
(Code 1982, § 902.16(1), (2)(G); Ord. No. 11-05, § 13, 10-17-2011)
Editor's note(s)—Section 13 of Ord. No. 11-05, adopted Oct. 17, 2011, changed the title of � 30-
1891 from "Duties of land development staff building and zoning administrator" to "Duties of
land development staff."
Sec. 30-1892. Permits and certificates.
(a) Permit required. A permit issued by the land development staff in conformity with the provisions
of this division shall be secured prior to the erection, addition, modification, rehabilitation,
replacement (including normal maintenance and repair) or alteration of any building, structure,
or portion thereof, prior to the use or change of use of a building, structure, or land, prior to
the construction of a dam, fence, or on -site septic system, prior to the change or extension of a
nonconforming use, prior to the repair of a structure that has been damaged by flood, fire,
tornado, or any other source, and prior to the placement of fill, excavation of materials, or the
storage of materials or equipment within the floodplain. Where required by this division or any
other provision of this article, such permits may require prior review and approval by the
planning commission and city council.
(b) Application forpermit. Application for a permit to the land
development staff on forms furnished by the land development staff and shall include the
following where applicable: Plans is date drawn to scale, showing the nature, location,
dimensions, and elevations of the lot; all existing or proposed buildings, structures, service
facilities, potential obstructions, fill or storage of materials, and pertinent design features• the
location and detail of grading, fill, or storage of materials ; copies of any required locaL state, or
federal permits or approvals: and other relevant information requested b)- the land
development staff as necessary to properly evaluate the application.
(c) Certificate of -,oning compliance. It shall be unlawful to use, occupy, or permit the use or occupancy
of any building or premises or part thereof hereafter created, erected, changed, converted,
altered, or enlarged in its use or structure until a certificate of zoning compliance shall have
been issued by the land development staff stating that the use of the building or land conforms
to the requirements of this division.
(d) Construction and use to comply with appynved plans. Permits, conditional use permits, or certificates of
zoning compliance issued on the basis of approved plans and applications authorize only the
use, arrangement, and construction set forth in such approved plans and applications, and no
other use, arrangement, or construction. Any use, arrangement, or construction at variance with
that authorized shall be deemed a violation of this division and punishable as provided by
section 30-1873.
(e) Certification of elevation and fZoodproofing. The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land surveyor that the
finished fill and building elevations were accomplished in compliance with the provisions of
this division. Floodproofing measures shall be certified by a registered professional engineer or
registered architect.
(0 Record of first floor elevation. The land development staff shall maintain a record of the elevation of
the lowest floor (including basement) of all new structures and alterations or additions to
existing structures in the flood plain. The land development staff shall also maintain a record of
the elevation to which structures or alterations and additions to structures are floodproofed.
(h) Notifications for watercourse alterations The land development staff shall notify, in riverine
situations, adjacent communities and the commissioner of the department of natural resources
prior to the community authorizing any alteration or relocation of a watercourse. If the
applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat.
ch. 103G.245, this shall suffice as adequate notice to the commissioner of natural resources. A
copy of said notification shall also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
(h) Notification to FEMA when physical changes increase or decrease the 100yearfZood elevation. As soon as
practicable, but not later than six months after the date such supporting information becomes
available, the land development staff shall notify the Chicago Regional Office of FEMA of the
changes by submitting a copy of said technical or scientific data. Within areas where the
floodway has not been delineated, a map revision is only required if development results in
stage increases greater than 0.5 feet.
(i) Noti zcation to the De artment o Natural Resources All notices of public hearings to consider
variances or conditional uses under this division must be sent via electronic mail to the
Department of Natural Resources respective area hydrologist at least ten days before the
hearings. Notices of hearings to consider must include copies of the subdivision/plat. A copy
of all decisions granting variances and conditional uses under this ordinance must be sent via
electronic mail to the Department of Natural Resources respective area hydrologist within ten
(10) dabs of final action.
(j) RecordkeMina. The Ciro- must maintain applicable records in taerpetuit documenting the
followinw:
(1) encroachment analysis as tixovided in section 30-1911(c) (4);
(2) Final elevations, as applicable. detailing the elevation to which structures and improvements
to structures are constructed or floodproofed. Elevations shall be determined by an
en ' eer architect, surve -or, or other qualified individual.
,"3� Substantial damage and substantial improvement determinations as detailed in section 30-
1913(cc), including the cost of improvements. repairs, and market value: and
(4) All variance actions, including justification for their issuance.
(Code 1982, § 902.16(2)(A)—(2)(F); Ord. No. 11-05, 5 14, 10-17-2011)
Sec. 30-1893. - Board of adjustments; appeals and variances.
(a) Powers arrd duties of board of adjarstmews. The planning commission, which serves as the board of
adjustments under this article pursuant to subdivision II of division 2 of this article, shall be the
board of adjustments under this division., with the following powers and duties:
(1) The board of adjustments 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 division.
(2) The board of adjustments shall hear and decide requests for variances from the
provisions of this division pursuant to the standards set forth in this section.
In exercising these powers and duties, the city council shall follow the procedures, rules
and regulations established in subdivision II of division 2 of this article.
(b) Rlrles. The board of adjustments shall adopt rules for the conduct of business and may exercise
all of the powers conferred on such boards by state law.
(c) Variarrcesgerremlyl . The board of adjustments may authorize upon appeal in specific cases such
relief or variance from the terms of this division as will not be contrary to the public interest,
and only for those circumstances such as hardship, practical difficulties, or circumstances
unique to the property under consideration, as provided for in subdivision II of division 2 of
this article. In the granting of such variance, the board of adjustments shall clearly identify in
writing the specific conditions that existed consistent with the criteria specified in subdivision
II of division 2 of this article which justified the granting of the variance.
(d) Variances must not be issued within any designated regulator- floodway if any increase in flood
levels during; the base flood structure would result;
(e) In addition to the criteria set forth in d-isieti 2, subdivision II of this article, the following
additional variance criteria of the Federal Emergency Management Agency must be satisfied for
the issuance of a variance for any property within any designated regulatory floodplain:
(1) Variances shall only be issued upon a showing of good and sufficient cause, and a
determination that failure to grant the variance would result in exceptional hardship to the
applicant.
(2) A determination [of] the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with exiting local laws or
ordinances.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief
(4) No variance shall have the effect of allowing in any district uses prohibiting in that
district, permit a lower degree of flood protection than the regulatory flood protection
elevation for the particular area, or permit standards lower than those required by state
law.
(� .Hearings. The land development staff shall submit by mail to the state commissioner of natural
resources a copy of the application for proposed variances sufficiently in advance so that the
commissioner will receive at least ten days' notice of the hearing on the variance.
(g) Decisions; restrictions on variances. In granting a variance, the board of adjustment may prescribe
appropriate conditions and safeguards, such as those specified in section 30-1914(3), which are in
conformity with the purposes of this division. Violations of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation of this
division punishable under section 30-1873. A copy of all decisions granting variances shall be
forwarded by mail to the commissioner of natural resources within ten days of such action and
shall be renorted as rcuuested b\! FEMA. Na vatianee shall be granted whieh the eity ee
(h) Flood insUrance notice; records and reports. The land development staff shall notify the applicant for
a variance that the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00
of insurance coverage, and that such construction below the 100-year or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of all
variance actions. The city shall maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its annual or biennial report submitted to the
administrator of the National Flood Insurance Program.
(Code 1982, § 902.16(3); Ord. No. 11-05, § 15, 10-17-2011)
Secs. 30-1894-30-1910. - Reserved.
SECTION 3. That § Section 30-1911, Zoning Dist6ets-and Restrictions of the City of Elk River
Code of Ordinances shall be amended to read as follows:
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Sec. 30-1911. Permitted Activities and Standards in the Floodplain District
(a) Permitted Activities. Apen-nit must be obtained from the land development staff to verif
compliance with all applicable standards outlined in this division prior to the following uses or
activities:
(1) Any addition, modification, rehabilitation, repair, or alteration to a nonconforming; structure
as specified in Sec. 30-1916 of this division. Normal maintenance and repair also requires a
ern -lit if such work se aratel • or in conjunction with other planned woik, constitutes a
substantial improvement as defined in Sec. 30-1861.
(2) Any use that requires fill, excavation, storage of materials, or placement of anything that may
cause a potential obstruction, as well as any other form of development as defined in Sec.
30-1861 of this division.
(b) Activities Not Keciuiring a Permit. Certain uses or activities may be exempt from obtaining a permit,
such as planting as garden, farming, or other obviously insignificant activities such as putting up
mailbox or flagpole. Farm fences, as defined in Sec. 30-1861, are not considered to bean
obstruction- and as such, do not require a permit. A local permit is not required if a public
waters work 12errnit has been obtained from the Department of Natural Resources unless a
sigiiificant area above the ordinary high-water level is also to be disturbed. The continuation of
existing uses, when the associated activities do not encroach further on the regulator floodplain
or truer associated standards in this ordinance. do not require a permit.
(c) Minimum DetK&4ment Standards
(1) All develo rnent must:
a. Be designed for modified) and adequately anchored to prevent flotation, collapse, or
lateral movement resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy ;
b. Be constructed with materials and equipment resistant to flood damage;
a Be constructed by methods and Practices that minimize flood damage;
d. Be reasonably safe from flooding and consistent with the need to minimize flood
da_ mage;
e. Be assured to provide adequate drainage to reduce exposure to flood hazards;
f. Not be detrimental to uses in adjgjnjDg areas: and
g. Not adversely affect the efficiency or restrict the flood carrying capacin• of the
channel and adjoining floodplain of any tributan, watercourse or drainage system.
(2) Buildings and Structures. No new structures, such as buildings or accessory structures may be
permitted in the regulator floodplain. Modifications and alterations of nonconforming
structures is subject to the standards in Sec. 30-1916.
(3) Subdivisions. All new lots must be able to accommodate for a building site with a natural grade
outside of the floodplain. All subdivisions must have vehicular access both to the
subdivision and to the individual building sites no lower than two feet below the Regulatory
Flood Protection Elevation (RFPE)..
(4) EncroachmentAnal ,sis. Development in the following areas requires hydrologic and hydraulic
analysis performed by a professional engineer, or using other standard engineering practices
4e.g.. projects that restore the site to the previous cross -sectional area)
a. In a floodway. development may not result in any of the following; during the one -
percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct
flood flows, or increase velocities.
b. In areas where a floodway has not been delineated, development may not allow stage
increases more than one-half (0.5) foot at any point during the one -percent chance
flood. This evaluation must include the cumulative effects of previous
encroachments. A lesser water surface elevation increase than one-half (0.5) foot is
required if, due to the water surface level increase, increased flood damages would
potentially result.
(S) Fences not meeting the definition of farm fences are not permitted.
(6) TmL.Oortafion Facilities. Railroad tracks roads and bridges must be elevated to the Rggulaj=
Flood Protection Elevation (RI;PE) where such facilities are essential to the orderly,
functioning of the area, or where failure or interruption would result in danger to public
health or safe -. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interru tion of trans. ortation services would not endanger the public health
or safe1 . All public transportation facilities should be desj�med to minimize increases in
flood elevations.
(7) Public Utilities All utilities such as gas electrical. sewer, and water su 1N systems to be
located in the flood lain must be elevated and/or flood roofed to the Re =ulator , Flood
Protection Elevation (RFPE). be located and constructed to minimize or eliminate flood
damage and be designed to eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters. All public utilities should be desigmed to
minimize increases in flood elevations. New solid waste management facilities, as defined in
Minnesota Rules part 7035.0300 are prohibited. Water su .1- systems are subject to the
provisions in Minnesota Rules. part 4725.4350.
(8) Potential Pollutants. Materials that, in time of flooding, ate bum-= flammable, explosive, or
could be injurious to human, animal. or plant life, as well as those likely to cause pollution of
the waters, such as sewage, sand: rock; wrecked and discarded eq=ment: dredged spoil;
municipal, a ViculturaL or industrial waste: and other wastes as further defined in Minnesota
Statutes, Section 115.01, are prohibited.
(9) Land Alterations In areas within 25 feet of the ordinan- high-water level, land alterations shall
be restricted to:
a. the minimum required to accommodate beach and access areas, not to exceed a
volume greater than 10 cubic yards and
b. the minimum required to accommodate for public utilities, roads, railroad tracks..
bridges, and shoreline stabilization 12rojects to correct an identified erosion problem
as verified by a qualified resource agency or the zoning administrator.
(10) Recreational vebicles must be travel-readv, meeting the olloxim, criteria:
a. The vehicle must be fully licensed.
b. The vehicle must be ready for hway use meanj= on wheels or the internal
jacking system attached to the site only. by quick disconnect ry e utilities.
a No permanent structural type additions mad- be attached to the vehicle.
(9 9)1'rivate On -site Eater SLi4I)Ij,, Individual Seava e Treatment S vstems and other Service Facilities shall be
subject to applicable provisions detailed in Sec. 30-1912 7 Replacement of on -site sewe
treatment s ystems are to be constructed to avoid impairment to them or contamination from
them during times of flooding, shall not be located in a designated floodway, and are subject
to the provisions in Minnesota Rules,, part 7080.2270. No new private service facilities may
be perinitted in the regulator,flood lain.
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Sec. 30-1912§. - Nonconforming structures and uses.
(a) A structure or the use of a structure or pr-emds occupancy of land which was lawful before
the passage or amendment of the ordinance from which this division is derived, but which is
not in conformity with the provisions of this division, may be continued subject to the
following conditions:
(1) No sueh use shaH be expanded, changed,
Within the floodwa , or where the floodway has not been delineated, aLiy
expansion or enlargement of uses or structures is prohibited.
(2)
would r-esuil _'.. i____ the flood damage potential of that stfuetttre or use shall be
pToteeted to the regulatory flood pj!ateetian elevation in aeearAftfiee with any a
Ant• addition modification rehabilitation
re . air or alteration shall be in conformance with the provisions of this ordinance shall not
increase the flood damage potential or increase the degree of obstruction to flood flows, and
where Wlicable, must be protected to the Regulator, Flood Protection Elevation, RFPE).
the conditions of this se-.'-.. Sfied. The east of A str-ttetftr-al ffiter-ations and
if, the --- ---- -
to be substantially damaged or substantially improved based on the rocedures in Sec. 30-
1913,(c), it may not be reconstructed except in conformity• with the -provisions of this
division.
If aW- nonconforming use, or any use of a
nonconforming structure, is discontinued for more than one year, any future use of the
premises or structure must conform to this division.
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th) Standards forModilications and Alterations of Nonconlormin� Structures. In addition to the standards
identified in Sec. 30-1911 c the following standards and procedures apply to additions
modifications, rehabilitations pairs, alterations, or maintenance of nonconforming structures:
1) All structures, includinv manufactured homes. must be elevated on fill so that the lowest
floor of the lowest enclosed area (including basemeno is at or above the Regulatory Flood
Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation
associated with the base flood plus any stage increases that result from designation of a
floodwU. Fill must extend at the same elevation at least 15 feet beyond the outside limits
of the structure. Elevations must be certified by a registered professional engineer, Iand
surveyor or other qualified person designated by the state commissioner.
(2) Electrical, heating, vet, ductwo& plumbing, and air conditioning equipment and
other service facilities are designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
C) Substantial Ly4rovement and Substantial Damage Determinations. Prior to issuing any, pemiits for
additions. modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming
structures,_ the state commissioner is required to determine if such work constitutes substantial
improvement or re air of a substantiall • damaged structure. A determination must be made in
accordance with the following, procedures:
(1) Estimate the market value of the structure. In the case of repairs, the market value of the
structure shall be the market value before the damage occurred and before an} restoration
or repairs are made.
Estimate the cost of the project. The property- owner shall accommodate for inspection,
and furnish other documentation needed by the state commissioner to evaluate costs.
L IWrovement costs shall be comprised of the market rate of all materials and labor,
as well as the costs of all ordinan- maintenance and upkeep carried out over the past one
year.
Costs to repair damages shall be comprised of the market rate of all materials and
labor re, juired to restore a building to its pre -damaged condition regardless of the work
proposed, as well as associated improvement costs if structure is being restored beyond its
pre -damaged condition.
(3) Compare the cost of the improvement, repairs, or combination thereof to the estimated
market value of the structure and determine whether the proposed work constitutes
substantial improvement or repair of a substantially damaged structure, as defined in Sec.
30-1861 of this division.
(4) Based on this determination, the state commissioner shall prepare a determination letter
and notify the ,property owner accordingIv. Structures determined to be substantially
damaged or substantially; improved may not be reconstructed except in conformity with
the provisions of this division.
(Code 1982 C 902.18, Ord. No. 11-05, � 25, 10-17-2011)
Secs. 30-19126-30-1930. Reserved.
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SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 4th day of December, 2023.
W#ietz,r
ATTEST:
F
Tina Allard, City Clerk
Last Updated January 2023
P 0 1 E R 1 0 R►
NATURE
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/09/2023 and the last
insertion being on 12/09/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. ' §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper: complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of thgg newspaper's
circulation is in the latter cout>'+v.
By
Designated
Subscribed and sworn to or affirmed before
me on 12/09/2023 by Rhonda Herberg.
Notary Public
LeDARLENE MARIE MACMPHERSON
NOTARY PUDIC - M1NNEWTA
My Cttmmb91w Witt Jan 31, 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
y
CITY OF ELK RIVER
Councilmember Wagner intro-
duced the following resolution and
moved its adoption:
RESOLUTION 23-61
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE #23-25
AN ORDINANCE
OF FLOODPLAIN
MANAGEMENT
WHEREAS, on December 4,
2023, the Elk River City Council ad-
opted Ordinance 23-25 amending
Sections 30-1861 through Sections
30-1912, of the Elk River Code of
Ordinances; and
WHEREAS, this model flood -
plain ordinance is simplified be-
cause it includes only one flood -
plain district; and
WHEREAS, this ordinance is in-
tended for communities that have
little or no structures within the
floodplain; and
WHEREAS, local governments
have been encouraged to work
with the DNR to tailor the language
for our community; and
WHEREAS, this ordinance
prohibits new building within the
floodplain, but reasonably accom-
modates for other common types
of development; and
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours; and
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four --fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 23-25.
The motion for adoption of the
foregoing resolution was duly sec-
onded by Councilmember Beyer,
and upon vote being taken thereon,
the following voted in favor thereof:
Mayor Dietz, Councilmembers Gru-
pa. Westgaard. Beyer. and Wagner
and the following against: none,
whereupon said resolution was de-
clared duly passed and adopted.
The following members were
present: Mayor Dietz, Coun-
cijmembers Grupa. WestpaarJ,.
Beyer. and Wagner and the follow-
ing absent: none.
Passed and adopted this 41' day
of December 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
December 9, 2023
1359382
Ad ID 1359382