11.60 - Floodplain Management Zoning Overlay District § 11.60
Section 11.6o: Floodplain Management Zoning
Overlay District
Subdivision 1. Purpose
A. It is found and determined by the Council that the lands within the Floodplains
of Bassett Creek and its tributaries are an invaluable land resource; that lands
within the Floodplain are or may be subject to loss or imprudent alteration
through uncoordinated and unplanned Development; that the proper
management of Development of such lands is essential to avoid rapid runoff of
surface waters, to preserve adequate ground water infiltration, to protect
surface waters, to prevent pollution of the City's water bodies, to minimize
periodic flooding resulting in loss of life and property, to prevent interruption
of governmental services and extraordinary public expenditures, and to control
runoff and impairment of the tax base, all of which adversely affect the public
health, safety and welfare; and that Development within the Floodplain must
be regulated on the basis of and with proper consideration of the impact on
Bassett Creek and other water bodies in the City.
B. It is the purpose of this Section to guide and regulate the orderly Development
of land within the Floodplain by establishing a system of management of the
Floodplain. It is further the intent of this Section to promote a uniform
Floodplain Management Program, consistent with the needs of individual cities
having lands within the Floodplain, to maximize the coordinated efforts of all
members of the Bassett Creek Water Management Commission (BCWMC) in
Floodplain management, and to secure for the benefit of the citizens of Golden
Valley the benefits of the National Flood Insurance Act of 1968 as amended.
C. This Section is enacted pursuant to Minnesota Statutes, Chapter 103F, and is
in conformance with the Management Plan for the BCWMC.
D. In addition to the foregoing, this ordinance is adopted to comply with the rules
and regulations of the National Flood Insurance Program, codified as 44 Code
of Federal Regulations Parts 59-78, as amended, so as to maintain the City's
eligibility in the National Flood Insurance Program.
E. This ordinance 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, protect
aquatic and riparian habitat, provide recreational opportunities, provide
aesthetic benefits and enhance community and economic development.
Subdivision 2. District Established
A. This Section applies to all lands within the jurisdiction of the City shown on the
Official Zoning Map and/or the attachments to the map as being located within
the boundaries of the Floodplain, and such area shall be referred to as the
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"Floodplain Management District". The Floodplain Management District is an
overlay district that is superimposed on all existing zoning districts. The
standards imposed in the overlay district are in addition to any other
requirements in this Chapter. In case of a conflict between this Section and
any other Section of the City Code, the more restrictive standards will apply.
B. The Floodplain Management District includes those areas within Zone AE or
Zone A as shown on the Flood Insurance Rate Map adopted in Subd. 2(E).
C. Base Flood Elevations for Regional Flood events are determined by referencing
the Flood Insurance Study, referred to in Subd. 2(F) below, and hydraulic
models developed and maintained by the BCWMC. This method of identifying
flood hazard areas is consistent with the standards established by the
Minnesota Department of Natural Resources.
D. Where a conflict exists between the Floodplain limits illustrated on the Official
Zoning Map and actual field conditions, the flood elevations shall be the
governing factor. The Administrator shall interpret the boundary location
based on the ground elevations that existed on the site on the date of the first
National Flood Insurance Program map showing the area within the regulatory
Floodplain, and other available technical data.
E. The Official Flood Zone Profile and Map are hereby adopted by reference and
made a part of this Section. The profile and map are on file in the City's
Physical Development Department, and are open to inspection by the public
during normal business hours of the City.
F. The official boundaries of the Floodplain zone shall be determined on the basis
of the criteria set forth above. Copies of the Flood Insurance Rate Maps,
adopted in Subd. 2(E), indicating the location of the Floodplain zones, shall be
on file in the City offices for informational purposes. The following maps
together with all attached material are hereby adopted by reference and
declared to be a part of the Official Zoning Map and this Section. The attached
material includes the Flood Insurance Study for Hennepin County, Minnesota,
and Incorporated Areas, dated November 4, 2016, and the Flood Insurance
Rate Map panels enumerated below, dated November 4, 2016, all prepared by
the Federal Emergency Management Agency. These materials are on file in the
City's Physical Development Department.
Effective Flood Insurance Rate Map panels:
27053C0194F
27053CO213F
27053CO214F
27053C0332F
27053C0351F
27053C0352F
27053C0354F
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Subdivision 3. Definitions
The following terms, as used in this Section, shall have the meanings as stated,
whether or not capitalized:
A. Administrator: The City Manager or his/her designee, who in consultation
with the City Engineer, the technical advisors of the BCWMC, and other staff or
outside technical experts as necessary, shall be responsible for discharging the
administrative duties entailed by this Section.
B. Base Flood: The flood having a one percent (1%) chance of being equaled or
exceeded in any given year. This is the regulatory standard also referred to as
the "100-Year Flood." The Base Flood is the national standard used by the
National Flood Insurance Program (NFIP) and all Federal agencies for the
purposes of requiring the purchase of flood insurance and regulating new
Development. Base Flood Elevations (BFEs) are typically shown on Flood
Insurance Rate Maps (FIRMs).
C. Base Flood Elevation: The elevation of the Regional Flood. The term Base
Flood Elevation is used in the flood insurance survey.
D. Basement: Any area of a Structure, including crawl spaces having its floor or
base subgrade (below ground level) on all four (4) sides, regardless of the
depth of excavation below ground level.
E. BCWMC: The Bassett Creek Watershed Management Commission.
F. Development: Any manmade change to improved or unimproved real estate,
including buildings or other Structures, mining, dredging, Filling, grading,
paving, excavation or drilling operations, or storage of equipment or materials.
G. DNR Commissioner: The Commissioner of the Minnesota Department of
Natural Resources.
H. Fill: Any material or combination of materials used in Filling.
I. Filling: The artificial depositing upon any parcel of property of any soil, rock,
rubble, mulch, vegetation or similar materials except for the depositing of any
such materials in localized depressions for the sole purpose of landscaping,
and except for the deposition of top soil on any particular parcel for the sole
purpose of either gardening or landscaping. It shall be the duty of the
Administrator to determine whether such deposition of materials falls within
one of the exceptions as outlined.
3. Flood Fringe: That portion of the Floodplain located outside of the Floodway.
The Flood Fringe shall include those Zone AE areas outside of the Floodway as
shown on the Flood Insurance Rate Map panels adopted in Subd. 2(E). For
lakes, wetlands and other basins that do not have a Floodway delineated, the
Flood Fringe also includes those areas below the one percent (1%) annual
chance 100-year flood elevation but above the ordinary high water level as
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defined in Minnesota Statutes, Section 103G.005, Subd. 14. For those Zone A
and Zone AE areas as shown on the Flood Insurance Rate Map panels adopted
in Subd. 2(E), where Floodway/Flood Fringe boundaries are not shown in Zone
A or Zone AE, an applicant for a Special Permit in the Floodplain must meet
the provisions of Subd. 4 of this Section.
K. Flood Insurance Rate Map (FIRM): An official map on which the Federal
Insurance Administrator has delineated both the special hazard areas and the
risk premium zones applicable to the City. A FIRM that has been made
available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
L. Flood Prone Area: Any land susceptible to being inundated by water from
any source.
M. Flood Proofing: A combination of structural provisions, changes, or
adjustments to properties and Structures subject to flooding, primarily for the
reduction or elimination of flood damages.
N. Floodplain: Those areas within the City which include the beds proper and
the areas adjoining Bassett Creek or its tributaries which have been or
hereafter may be covered by a Regional Flood. The Floodplain shall be further
divided into the Floodway and the Flood Fringe.
0. Floodplain Management District: The district established by and defined in
Subd. 2 of this Section.
P. Floodway: The channels of Bassett Creek and its tributaries plus those
portions of the Floodplain which are required to convey the Regional Flood
discharge and store the runoff from the Regional Flood. The Floodway shall
include those Floodway areas as shown on the Flood Insurance Rate Map
panels adopted in Subd. 2(E). For those Zone A and Zone AE areas as shown
on the Flood Insurance Rate Map panels adopted in Subd. 2(E), where the
Floodway/Flood Fringe boundaries are not shown, an applicant for a Special
Permit in the Floodplain must meet the provisions of Subd. 4 of this Section.
Q. Lowest Floor: The Lowest Floor on the lowest enclosed area (including
Basement). An unfinished or flood-resistant enclosure, used solely for parking
of vehicles, building access or storage in an area other than a Basement area,
is not considered a building's lowest floor; provided, that such enclosure is not
built so as to render the Structure in violation of the applicable non-elevation
design requirements of 44 Code of Federal Regulations, Part 60.3.
R. New Construction: Structures, including additions and improvements for
which the start of construction commenced on or after the effective date of
this Section, or the effective date of applicable amendments to this Section.
S. Obstruction: Any storage or placement of material or equipment, any dam,
wall, wharf, embankment, levee, road, dike, pile, object, abutment,
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projection, excavation, channel rectification, culvert, conduit, pipe, building,
wire, fence, stockpile, refuse, Fill, deposit, clearing of trees or vegetation,
Structure or matter in, along, across, or projecting, in whole or in part, into
any Floodplain.
T. One Hundred Year Floodplain: Lands inundated by a Regional Flood.
U. Official Flood Zone Profile and Map: The collection of flood profiles
contained in the Flood Insurance Study, Volumes 1 of 2 and 2 of 2, Hennepin
County, Minnesota, all jurisdictions, dated November 4, 2016, including the
Flood Insurance Rate Maps for the City of Golden Valley, panels
27053C0194F, 27053CO213F, 27053CO214F, 27053C0332F, 27053C0351F,
27053C0352F and 27053C0354F, dated November 4, 2016.
V. Reach: A hydraulic engineering term used to describe a longitudinal segment
of a stream or river influenced by a natural or man-made Obstruction. For
example, the segment of a stream or river between two (2) consecutive
bridges would constitute a Reach.
W. Recreational Vehicle: A vehicle that is built on a single chassis, is four
hundred (400) square feet or less when measured at the largest horizontal
projection, is designed to be self-propelled or is permanently towable by a
light-duty truck, and is designed primarily not for use as a permanent
dwelling, but as a temporary living quarters for recreational, camping, travel
or seasonal use. For the purposes of this Section, the term Recreational
Vehicle shall be synonymous with the term travel trailer/travel vehicle.
X. Regional Flood: 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 1%
chance or 100-year recurrence interval. Regional Flood is synonymous with
the term "Base Flood" used in a Flood Insurance Study.
Y. Regulatory Flood Protection Elevation or RFPE: An elevation not less than
two (2) feet above the elevation of the Regional Flood. It is the elevation to
which uses regulated by this Section are required to be elevated or flood-
proofed.
Z. Repetitive Loss: Flood related damages sustained by a Structure on two (2)
separate occasions during a ten (10) year period for which the cost of repairs
at the time of each such flood event on the average equals or exceeds twenty-
five percent (25%) of the market value of the Structure immediately before
the damage occurred.
AA. Special Flood Hazard Area: A term used for flood insurance purposes
synonymous with "100-year Floodplain."
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BB. Special Permit: For the purposes of this Section, a City Stormwater
Management Permit meeting the requirements for a Special Permit under this
Section and for a permit under Section 4.31 of the City Code and, as may be
required by the Administrator, the approval of the BCWMC and DNR
Commissioner.
CC. Structure: Anything that is built or constructed, an edifice or building of any
kind, or some piece of work artificially built up or composed of parts joined
together in some definite manner, whether of a temporary or permanent
character.
DD. Substantial Damage: Damage of any origin sustained by a Structure where
the cost of restoring the Structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the Structure
immediately before the damage occurred.
EE. Substantial Improvement: Within any consecutive three hundred sixty five
(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 exceeds fifty percent (50%) of the market
value of the Structure immediately 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 local code enforcement official, and which are the
minimum necessary to assure safe living conditions.
2. Any alteration of a "historic structure," provided that the alteration will not
preclude the Structure's continued designation as a "historic structure." For
the purposes of this Section, "historic structure" shall be as defined in Code
of Federal Regulations, Part 59.1.
Subdivision 4. General Rules and Prohibitions Affecting Uses
A. No existing land use, Obstruction, or Structure within the Floodplain shall be
altered in size or scope, except in accordance with the provisions of this
Section.
B. No temporary or permanent Structure, dredge spoil site, sand and gravel
operation, Fill for driveways, roads, levees or other purposes; and no deposit,
Obstruction, or storage of material or equipment or other use shall be
permitted, which acting alone or in combination with existing or anticipated
uses, would adversely affect the efficiency or the capacity of the Floodplain or
the Floodplain elevation or flood damages.
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C. In connection with any proposed activity or Development, or placement of an
Obstruction in the Floodplain, there must be no net loss in Floodplain storage
and no increase in Floodplain elevations consistent with the BCWMC watershed
management plan and policies, as may be amended from time to time.
D. No use shall be permitted by right or by Special Permit unless the proposed
use conforms to the land use plans and underlying zoning requirements of the
City and the watershed management plan and goals and policies of the
BCWMC.
E. Permit Required. A permit issued by the Administrator in conformity with the
provisions of this Section shall be secured prior to the erection, addition,
modification, rehabilitation (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 or fence; prior to the change, replacement or extension of a non-
conforming use or non-conforming Structure; 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.
Subdivision 5. Uses Permitted by Right
A. Provided that such uses shall not adversely affect the efficiency or restrict the
capacity of the channels or floodways of any tributary to the main stream or
other drainage facility or system, the following uses are permitted in the
Floodplain to the extent that they are not prohibited by any other City Code
provision and provided they do not involve Structures, Fill, fences, dams,
storage of materials or equipment.
1. Private and public open space or recreational uses, such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife habitat, trails, nature
preserves and fishing areas.
2. Residential lawns, gardens, parking areas, and play areas.
3. Non-residential parking areas, provided the following provisions are met:
a. Any facility that will be used by employees or the general public must
be designed with a flood warning system that provides adequate time
for evacuation if the area is inundated to a depth and velocity such that
the depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional one percent
(1% chance flood); and
b. Vegetated buffers meeting City requirements must be established
around wetlands, streams, and water bodies.
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4. Signs and signals delineating or accessory to parks, trails and other
permitted uses as described above in this Subdivision.
5. Recreational Vehicles are allowed on individual lots of record if they meet
the criteria listed in (a) through (c) immediately below, and provided
further that there will be no additions attached to the Recreational Vehicle,
and no Development placed on the parcel of land that would hinder the
removal of the Recreational Vehicle from the site should flooding occur. The
Recreational Vehicle must:
a. Have current licenses required for highway use.
b. Be highway ready, meaning on wheels or the internal jacking system;
be attached to the site only by quick-disconnect type utilities commonly
used in campgrounds and recreational vehicle parks; and must not have
any permanent structural type additions attached to it.
c. Be permissible in any pre-existing, underlying zoning use district.
Subdivision 6. Special Permits
A. The following uses may be introduced into the Floodplain upon the issuance of
a Special Permit in accordance with the provisions of this Section:
1. Filling may be undertaken provided (i) that the Filling is only in the Flood
Fringe portion of the Floodplain or in Zone A areas and Zone AE areas
where a Floodway has not been designated on the Flood Insurance Rate
Map, (ii) the requirements of Subd. 4 are met, and (iii) that:
a. All Fill materials deposited or stored in the Floodplain shall be protected
from erosion by vegetative cover, mulching, riprap or other acceptable
method, consistent with and in compliance with Subd. 4 and Section
4.31, City Code. All materials or equipment must be stored outside the
Floodway, but within the Flood Fringe, and shall be elevated on Fill to
the RFPE.
b. Dredge spoil sites and sand and gravel operations shall not be allowed
in the Floodway.
2. Nonconformities that are in existence in the Floodplain on the effective date
of this Section, or the effective date of applicable amendments to this
Section, may be redeveloped, altered, enlarged, or reconstructed upon
issuance of a Special Permit, provided that the requirements of Subd. 11
are met and the Structure either 1) is located in the Flood Fringe portion of
the Floodplain; or 2) for Zone A areas and Zone AE areas where a
Floodway has not been designated, and is located in an area where any
encroachment caused would be consistent with the criteria in Subd. 4 of
this Section. No permit shall be granted for the redevelopment of a parcel
of land or for the alteration (except by removal), enlargement, replacement
or reconstruction of any non-conforming Structure or Obstruction within
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the Floodway or Zone A or Zone AE areas where a Floodway has not been
designated not meeting the criteria of Subd. 4.
3. Structural works for flood control such as dams, levees, dikes and
floodwalls may be erected consistent with the criteria in Subd. 4. The
modification and additions to such works shall assure that the work will
provide a means of decreasing flood damage potential in the area.
4. Public utilities, railroad tracks, streets and bridges may be located provided
they are designed to minimize impacts within the Floodplain, and are
compatible with the Watershed Management Plan of the BCWMC. These
uses can cause no increase in stage to the 100-year flood within the
Floodplain. Protection to the RFPE shall be provided where failure or
interruption of these public facilities would endanger the public health or
safety or where such facilities are essential to the orderly functioning of the
area. Where failure or interruption of service would not endanger life or
health, a lesser degree of protection may be provided for minor or auxiliary
roads, railroads or utilities.
5. All public utilities and facilities such as gas, electrical, sewer and water
supply systems to be located in the Floodplain shall be flood proofed in
accordance with the State Building Code or elevated to above the RFPE.
New or replacement utilities and facilities must be designed and
constructed to minimize or eliminate infiltration.
6. Any on-site water supply or sewage treatment system to be replaced in the
Floodplain must be connected to the municipal water supply and sewage
treatment system, respectively.
B. Applications for Special Permits shall be made to the Administrator by the
owner of the land involved. Five (5) copies of all submittal materials shall be
provided. The application shall be accompanied by a fee in an amount
determined by ordinance of the City Council, and shall include the following
information:
1. When determined necessary by the Administrator, a report, prepared or
signed by a licensed professional engineer, detailing the results of
computer modeling of the impact of the proposed Structure or Obstruction
on the Floodplain. Information that must be presented in this report shall
include but not necessarily be limited to: a statement of whether, and to
what extent, the proposed Structure or Obstruction lies within the Flood
Fringe or Floodway; a quantification of any expected change in Floodplain
elevations due to the proposed Structure or Obstruction; a quantification of
the expected impacts of any change in Floodplain elevations on any
upstream or adjacent property; and an explanation of any alternative
construction options that have been investigated. The computer modeling
shall assume that there will be an equal degree of encroachment on both
sides of the stream extending for a significant Reach. The computer
modeling must be submitted in a format compatible with the hardware and
software used by the City.
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2. Plans and specifications prepared by a Minnesota licensed professional land
surveyor or engineer, showing: the nature, location, dimensions, and
elevation of the lot or plot and existing and proposed Structures or
Obstructions; the relationship of the lot or plot and existing and proposed
Structures or Obstructions to the location of the channel; surface water
drainage plans; cross-sections of the Floodplain on both sides of the stream
bed; and longitudinal profiles of the stream bed at sufficient intervals to
determine the impact of the proposed Structure or Obstruction.
3. Plans and specifications prepared by a licensed professional architect or
engineer, showing: details of construction and materials, Flood Proofing,
Filling, dredging, grading, channel improvement, storage of materials,
water supply (including withdrawal and discharge of ground and surface
water), and sanitary facilities.
4. Statement of the private and public benefits anticipated from the proposed
Structure or Obstruction, and any hardship that may be imposed if the
application is denied.
C. The review process shall consist of the following steps:
1. Upon receipt of a fully completed application, it shall be forwarded first to
the City Engineer. The City Engineer or a designated technical assistant
shall be responsible for analyzing the information submitted to determine
whether the subject property is located in the Floodway or Flood Fringe or
is consistent with Subd. 4 of this Section. The City Engineer may
recommend a provisional approval to be finalized after review by the DNR
Commissioner and the BCWMC, may request additional information from
the applicant in order to complete the analysis, may request that the
applicant modify the plans in order to achieve an acceptable outcome, or
may deny the application on the grounds of unacceptable location or
unacceptable increase in flood heights or flood damages.
2. If the application is provisionally recommended for approval by the City
Engineer, the Administrator shall within five (5) business days submit two
(2) copies of the application and the City Engineer's report to the BCWMC,
allowing an interval of up to sixty (60) days for review and comment.
Another copy shall be submitted to the DNR Commissioner for review and
comment, with a minimum interval of ten (10) business days being allowed
for such review and comment in addition to any time necessary for the
actual transmittal of the application between offices.
3. After receiving the comments of both the DNR Commissioner and the
BCWMC, the Administrator shall route them, if necessary, back to the City
Engineer, who shall repeat as much of subparagraph 1 as necessary in
order to either deny the application or to recommend its approval. If the
application is recommended for approval by the City Engineer, then the
Administrator shall review the entire file for the application, including the
comments submitted by all reviewing parties, and shall prepare and issue a
permit containing all such conditions regulating the construction of the
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proposed Structure or Obstruction as may be deemed necessary to carry
out the purposes of this Section. The permit shall be fully executed within
fifteen (15) business days of the receipt of the last set of comments or
recommendations. A copy of the approved Special Permit shall be
forwarded by mail to the DNR Commissioner within ten (10) days of
issuance.
4. If at any point in the application process the report of the City Engineer is
that the application must be denied, then the Administrator shall, within
five (5) business days of receiving the report of the City Engineer, prepare
and forward to the applicant a letter explaining that the application is
denied and outlining all reasons for the denial. Once an application has
been denied, it may not be resubmitted in substantially the same form for
a period of at least six (6) months following the date of the Administrator's
letter of explanation.
Subdivision 7. Variances; Board of Zoning Appeals
A. The Board of Zoning Appeals shall hear and decide all appeals where it is
alleged that there is an error in any order, requirement, decision or
determination made by an administrative officer in the enforcement of this
Section. The Board shall hear all such interpretive appeals and all appeals for
variances from the strict application of the terms of this Section in the same
manner and under the same standard as it hears and decides appeals under
Section 11.90 of this Chapter, except as otherwise provided for herein.
B. Any variance shall include conditions that assure compliance with the
requirements of this Section insofar as practical.
C. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, a
variance may not: (i) allow a use that is not allowed in the Floodplain
Management District; (ii) permit a lower degree of flood protection than the
Regulatory Flood Protection Elevation for the particular area; (iii) permit
standards lower than those required by state law; (iv) permit an increase in
the flood hazard or flood damage potential; (v) permit a lower degree of flood
protection than the flood protection elevation established by this Section; or
(vi) be inconsistent with the purpose and intent of this Section.
D. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, for
any variance, the following additional criteria of the Federal Emergency
Management Agency (FEMA) must be satisfied:
1. Variances shall not be issued within any designated regulatory Floodway if
any increase in flood levels during the Base Flood discharge would result.
2. Variances shall only be issued upon:
a. a showing of good and sufficient cause,
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b. a determination that failure to grant the variance would result in
exceptional hardship to the applicant, and
c. a determination that 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 existing 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.
E. Notwithstanding anything to the contrary in Section 11.90 of this Chapter, an
application for variance shall be made to the Administrator in the same
manner as an application for a Special Permit under this Section, and shall
include the same required elements. The Administrator shall submit a copy of
the application for review to the BCWMC and the DNR Commissioner within
forty-five (45) days after receipt of the same from the applicant. The report of
the Administrator shall accompany said application and shall include any other
such data as the Administrator deems necessary for a complete review. There
shall be a minimum interval of ten (10) days allowed for the review and
comment by the DNR Commissioner, in addition to any time necessary for the
actual transmittal of the application between offices, before the Board's
hearing can take place.
F. The Board shall hear and decide upon the application in the same manner it
decides appeals under Section 11.90 of this Chapter. The Board shall take no
action in the appeal unless forty-five (45) days have elapsed from the
submission of the application to the BCWMC and the DNR Commissioner;
provided, however, that if reports or comments have been received from both
the BCWMC and the DNR Commissioner prior to the expiration of the aforesaid
forty-five (45) day period, then the Board is empowered to thereupon act on
said application prior to the end of said forty-five (45) day period. The
recommendations of the BCWMC and the DNR Commissioner, if any, shall be
appended to the application and the Administrator's report and considered by
the Board in making its judgment. No variance shall be granted without full
consideration of the standards, policies and purposes expressed in this Section
and Chapter. The decision of the Board shall be subject to appeal to the
Council in the same manner as other zoning appeals according to Section
11.90 of this Chapter. A copy of all decisions granting variances shall be
forwarded by mail to the DNR Commissioner within ten (10) days of such
action.
G. Flood Insurance Notice and Record Keeping. The Administrator shall notify the
applicant for a variance that:
1. the issuance of a variance to construct a Structure below the Base Flood
level will result in increased premium rates for flood insurance up to
amounts as high as twenty-five dollars ($25) for one hundred dollars
($100) of insurance coverage, and
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2. such construction below the 100-year or Regional Flood level increases
risks to life and property.
Such notification shall be maintained with a record of all variance actions. The
City shall maintain a record of all variance actions, including justification for
their issuance, and report such variances issued in its annual or biennial report
submitted to the Administrator of the National Flood Insurance Program.
Subdivision 8. Lapse of Variance or Special Permit
If within one (1) year after the issuance or grant of a Special Permit or variance
under this Section, the owner or occupant shall not have substantially completed the
work authorized by such Special Permit or variance, then the Special Permit or
variance shall become null and void unless a petition for extension of time in which
to perform such work has been granted. Such petition to extend time shall be in
writing and filed with the Administrator more than twenty (20) days before the
expiration of one (1) year from the date the original Special Permit or variance was
issued or granted, shall state facts showing a good-faith attempt to use the Special
Permit or variance, and shall state the additional time requested to complete such
work. No such extension shall exceed one (1) year. Such petition, if it relates to a
variance, shall be considered in the same manner as the original request for
variance. If the petition relates to a Special Permit, it shall be heard and decided in
the same manner as the original petition for a Special Permit. In determining under
this Subdivision whether the petitioner has made a good-faith attempt to complete
such work, such factors as the design, size, expense and type of the proposed work
may be considered.
Subdivision 9. Certified Record Drawings
Upon completion of any work or project pursuant to a Special Permit or variance
granted in accordance with this Section, and prior to the use or occupancy of the
land or completion thereon of any Obstruction permitted by the Special Permit or
variance, the applicant shall submit a certification, prepared by a licensed
professional engineer or land surveyor (as appropriate) that the permitted work,
including, but not limited to, finished Fill and building floor elevations, Flood Proofing,
or other flood protection measures, has been completed in compliance with the
provisions of this Section and in compliance with conditions contained in the Special
Permit or variance. This certification shall include five (5) copies of certified record
drawings of the work completed. The certified record drawings shall also be
submitted in digital format compatible with the City's computer hardware and
software. The applicant shall be responsible for submitting an application for a Letter
of Map Amendment to FEMA, including all costs associated with the submittal.
Subdivision 10. Method for Determining Floodplain Boundary Location
All decisions regarding the location of the Floodplain boundary will be based on
elevations of the regional 100-year flood profile, the actual ground elevations on the
site and other available technical data. In all cases where application is made
pursuant to this Section for interpretation of the existing Floodplain zoning elevations
and determination of the exact boundaries of the Floodplain zone, as established by
the Official Flood Zone Profile and Map and Flood Insurance Rate Maps made a part
hereof, the Administrator or a designated technical advisor shall:
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§ 11.60
A. Obtain from the applicant, at the applicant's expense, a current survey of the
property in question, signed by a licensed land surveyor. The survey shall
show exact elevations of the property and, if applicable, exact locations and
elevations of any existing or proposed Structures or Obstructions.
B. Determine the Floodplain zone elevations from the Official Flood Zone Profile
and Map or information provided by the applicant, consistent with Subd. 6(B).
C. Land within the Floodplain zone but outside of the Floodway shall be
considered Flood Fringe. The cost of such computation shall be reimbursed by
the applicant.
Subdivision 11. Non-Conforming Obstructions, Uses and Structures
Notwithstanding Section 11.90, Subd. 2 of this Chapter (Non-Conforming Uses), the
following shall apply to all Obstructions, Structures and uses within the Floodplain:
A. Continuance. An Obstruction or Structure, or the use of a Structure or
premises, which was lawful before the effective date of this Section, or the
effective date of applicable amendments to this Section, but which is not in
conformity with the provisions of this Section may be continued subject to the
following conditions:
1. No such Obstruction, use or Structure shall be replaced, expanded,
changed, enlarged, or altered in any way, nor shall any parcel of land be
redeveloped, without complying, in all respects, with this Section,
including, but not limited to, the obtaining of all required permits and
variances. Any alteration or addition to a non-conforming Obstruction, use,
or Structure shall be elevated on Fill as specified in Subd. 11(D)(1), or
adequately flood proofed to the RFPE. Flood Proofing shall be done in
accordance with the FP-1 through FP-4 Flood Proofing classification of the
State Building Code as adopted by the City, provided the cost of the
alteration or addition does not exceed fifty percent (50%) of the market
value of the existing Structure prior to the alteration or addition, unless
such alteration or addition includes the elevation on Fill or adequate FP-1
or FP-2 Flood Proofing to the RFPE of the entire Obstruction, use, or
Structure; and unless all other requirements of this Subdivision are met.
2. If such use of such Obstruction or Structure, or use of such premises, is
discontinued for six (6) consecutive months, any subsequent use of the
Obstruction, Structure or premises shall comply, in all respects, with this
Section, including, but not limited to, the obtaining of all required permits
and variances.
3. If any non-conforming Obstruction or Structure is destroyed or damaged
by any means, including floods, to the extent that the cost of repairing or
restoring such destruction or damage would be fifty percent (50%) or more
of the current market valuation then it shall not be reconstructed except in
full compliance, in all respects, not limited to, the obtaining of all required
permits and variances.
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§ 11.60
4. If a Substantial Improvement occurs from any combination of a building
addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the
inside dimensions of an existing non-conforming building, then the building
addition and the existing non-conforming building must meet the
requirements of Subd. 11 of this Section.
B. Certification of Non-Conforming Uses. Upon application and submittal to the
Administrator of an appropriate certification by a licensed professional land
surveyor, the Administrator shall certify to the owners of properties whose
uses were lawful prior to the effective date of this Section, or the effective
date of applicable amendments to this Section, that said properties, the uses
thereof and the Structures thereon were and are a legal non-conforming use
which may be continued as specified in said certification and as permitted by
this Chapter.
C. Nuisances. Uses or adjuncts thereof which are or become public nuisances
shall not be entitled to continue as non-conforming uses.
D. Additional Standards for Floodplain Non-Conformities.
1. All redeveloped or reconstructed Structures and additions to Structures,
that are not being flood proofed in accordance with this Section, must be
elevated on Fill so that the Lowest Floor, including Basement floor, is at or
above the RFPE. The finished Fill elevation for Structures shall be no lower
than one (1) foot below the RFPE, and the Fill shall extend at such
elevation at least fifteen (15) feet beyond the outside limits of the
Structure erected thereon.
2. The storage of any materials or equipment shall be located outside of the
floodway, and shall be elevated on Fill to the RFPE.
3. Alternative elevation methods other than the use of Fill may be used to
elevate a Structure's Lowest Floor above the RFPE. Use of these alternative
methods must receive written authorization from the Floodplain
Administrator and the City Engineer. These alternative methods may
include the use of stilts, pilings, parallel walls, etc., or above-grade,
enclosed areas such as crawl spaces or tuck under garages. The base or
floor of an enclosed area shall be considered above-grade and not a
Structure's Lowest Floor if:
a. the enclosed area is above-grade on at least two (2) sides of the
Structure;
b. it is designed to internally flood and is constructed with flood-resistant
materials; and
c. it is used solely for parking of vehicles, building access or storage.
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§ 11.60
d. The above-noted alternative elevation methods are subject to the
following additional standards:
1) Design and certification. The Structure's design and as-built
condition must be certified by a licensed professional engineer or
architect as being in compliance with the general design standards of
the State Building Code and, specifically, that all wiring, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the RFPE, or be designed to
prevent flood water from entering or accumulating within the
components during times of flooding.
2) Specific standards for above-grade, enclosed areas - Above-grade,
fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood, and the design plans must
stipulate:
a) A minimum area of openings in the walls where internal flooding
is to be used as a Flood Proofing technique. There shall be a
minimum of two (2) openings on at least two (2) sides of the
Structure, and the bottom of all openings shall be no higher than
one (1) foot above-grade. The automatic openings shall have a
minimum net area of not less than one (1) square inch for every
square foot subject to flooding unless a licensed professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens,
louvers, valves or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any
form of human intervention; and,
b) The enclosed area will be designed of flood-resistant materials in
accordance with the FP-3 or FP-4 classifications in the State
Building Code, and shall be used solely for building access,
parking of vehicles or storage.
4. Basements, as defined by this Section, in residential Structures, shall not
be allowed below the RFPE. Non-residential Basements may be allowed
below the RFPE provided the Basement is structurally dry flood proofed in
accordance with Subd. 11(D)(6) of this Section.
5. All new principal Structures must have vehicular access at or above an
elevation not more than two (2) feet below the RFPE. If a variance to this
requirement is granted, the City must specify limitations on the period of
use or occupancy of the Structure for times of flooding, and only after
determining that adequate flood warning time and local flood emergency
response procedures exist.
6. As an alternative, all areas of substantially improved non-residential
Structures, including Basements, to be placed below the RFPE shall be
flood proofed in accordance with structurally dry Flood Proofing
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§ 11.60
classifications in the State Building Code. Structurally dry Flood Proofing
must meet the FP-1 or FP-2 Flood Proofing classification in the State
Building Code, and this shall require making the Structure watertight with
the walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Non-residential
Structures flood proofed to the FP-3 or FP-4 classifications shall not be
permitted.
7. Commercial use. Accessory land uses, such as yards, railroad tracks and
parking lots, may be at elevations lower than the RFPE. However, a permit
for such facilities to be used by the employees or the general public shall
not be granted in the absence of a flood warning system that provides
adequate time for evacuation.
8. Manufacturing and industrial uses. Measures shall be undertaken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Certain accessory land uses,
such as yards and parking lots, may be at lower elevations subject to
requirements set out in this Section.
Subdivision 12. Obstructions
A. The City shall have the right of reasonable entry upon lands in the Floodplain
for the purpose of ingress and egress to the Floodplain, and the beds, banks
and waters of the creeks, to remove any natural Obstructions such as, but not
limited to, trees, debris, litter and silt.
B. It is unlawful for any person, without a Special Permit obtained pursuant to
this Section, to place any Obstruction in Bassett Creek and its tributaries, to
obstruct the passage of watercraft or to interfere with the use by the public of
the beds, banks, waters or channels of said Creek, except Obstructions placed
by the appropriate authority and used for Floodplain management, in which
case adequate provision shall be made for portaging and passage of
watercraft.
C. Any artificial Obstruction of the beds, banks, waters or channels of Bassett
Creek or the Floodplain made subsequent to February 3, 1981, and without
first obtaining a Special Permit or variance therefore shall be removed by the
owner of the adjoining land within ten (10) days after mailing to such owner of
a demand to do so by the Administrator. If the owner shall fail or refuse to
remove the Obstruction, within said time, or if the owner cannot be found or
determined, the City may remove such Obstruction and the cost thereof shall
be paid by the owner on demand, or may be assessed against the land, and
collected in the same manner as prescribed by law for levying and collecting
special assessments for municipal improvements.
Subdivision 13. Unlawful Act
It is unlawful for any person to violate any provision of this Section or fail to comply
with any of its terms or requirements. Each day such violation continues shall be
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§ 11.60
considered a separate offense. Each Obstruction or use placed or maintained in the
Floodplain in violation of this Section is hereby declared to be a public nuisance and
creation thereof may be enjoined and the maintenance thereof abated by appropriate
judicial action. Nothing herein contained shall prevent the City from taking such
other lawful action as is necessary to prevent, remedy or remove any violation.
Subdivision 14. Amendments
A. Complete documentation on any proposed amendments to this Section,
including amendments to the Official Flood Zone Profile and Map and Flood
Insurance Rate Maps, must be submitted to the DNR Commissioner for review
and approval, with a minimum of ten (10) days being allowed for such review
in addition to any time necessary for the actual transmittal of the documents
between offices; no public hearing shall be held by the Council with regard to
the proposed amendment until the approval of the DNR Commissioner is
received. The BCWMC shall also be notified of any proposed amendment to
this Section at least thirty (30) days in advance of the scheduled public
hearing. Amendments that would affect the Floodplain designation of any area
must be approved by the FEMA before being adopted by the City. With all of
these additional requirements incorporated, amendments to this Section shall
be made in the manner provided for all zoning amendments pursuant to this
Chapter and in compliance with state law.
B. There shall be no change made to the Official Flood Zone Profile and Map or
Flood Insurance Rate Maps that has the effect of removing or reducing the
Floodplain designation of any area unless it can be shown that the designation
is in error or that the area has been filled to or above the elevation of the RFPE
and is contiguous to lands outside of the Floodplain above the RFPE. Special
exceptions to this rule may be permitted by the DNR Commissioner if it is
determined that the area in question is adequately protected by other
measures. Changes affecting the Floodplain designation of any area must also
meet FEMA's Technical Conditions and Criteria.
Subdivision 15. Interpretation
In interpreting and applying the provisions of this Section, they shall be held to be
the minimum requirements for the promotion of the public health, safety, prosperity
and general welfare.
Subdivision 16. Abrogation and Greater Restrictions
It is not the intention of this Section to interfere with, abrogate or annul any
covenant or other City Code provision; provided, however, where this Section
imposes a greater restriction upon the use or improvement of any premises than
those imposed or required by other statutes, City Code provisions, rules, regulations,
or permits of the City, State or the BCWMC, or by covenants or agreements, the
provisions of this Section shall govern.
Subdivision 17. Warning and Disclaimer of Liability
This Section does not imply that areas outside the Floodplain or land uses or
Obstructions permitted within the Floodplain will be free from flooding or flood
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§ 11.60
damages. This Section shall not create liability on the part of the City or any official
or employee thereof for any flood damages that result from reliance on this Section
or any City action taken or administrative or Council decision lawfully made
hereunder.
Subdivision 18. Severability.
If any Section, clause, provision, or portion of this Section is adjudged
unconstitutional or invalid by a court of law, the remainder of this Section shall not
be affected and shall remain in full force.
Subdivision 19. Subdivision of Land
A. In General. Recognizing that Flood Prone Areas may exist outside of the
designated Floodplain Management District, the requirements of this
Subdivision and Section 4.31 Stormwater Management shall apply to all land
within the City.
B. Review Criteria. No land shall be subdivided which is unsuitable for the reason
of flooding, or inadequate drainage, water supply or sewage treatment
facilities. All lots within the Floodplain Management District shall be able to
contain a building site consistent with this Section at or above the RFPE. All
subdivisions shall have water and sewage treatment facilities that comply with
the provisions of this Section, and have road access both to the subdivision
and to the individual building sites no lower than two (2) feet below the RFPE.
For all subdivisions in the Floodplain, the Floodway and Flood Fringe
boundaries, areas of allowable encroachment for building sites in Zone A areas
and Zone AE areas where a Floodway has not been designated, the RFPE and
the required elevation of all access roads shall be clearly labeled on all
required subdivisions drawings and platting documents.
C. Encroachment Studies in Zone A Areas and Zone AE Areas Where a Floodway
Has Not Been Designated. In Zone A areas and Zone AE areas where a
Floodway has not been designated, applicants shall provide the information
required in Subd. 6(B) of this Section to determine the 100-year flood
elevation, the areas suitable for encroachment for building sites and the RFPE
for the subdivision site.
D. Removal of Special Flood Hazard Area Designation. FEMA has established
criteria for removing the Special Flood Hazard Area designation for certain
Structures properly elevated on Fill above the one hundred (100) year flood
elevation. FEMA's requirements incorporate specific Fill compaction and side
slope protection standards for multi-Structure or multi-lot Developments.
These standards should be investigated prior to the initiation of site
preparation if a change of Special Flood Hazard Area designation will be
requested.
E. If a subdivision proposal or other proposed new Development is in a Flood
Prone Area, any such proposal must be reviewed to assure that:
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§ 11.60
1. All such proposals are consistent with the need to minimize flood damage
within the Flood Prone Area,
2. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood
damage, and
3. Adequate drainage is provided to reduce exposure of flood hazard.
F. Building Sites. If a proposed building site is in a Flood Prone Area, all New
Construction and Substantial Improvements must be:
1. Designed (or modified) and adequately anchored to prevent floatation,
collapse, or lateral movement of the Structure resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy;
2. Constructed with materials and utility equipment resistant to flood
damage;
3. Constructed by methods and practices that minimize flood damage; and
4. Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
Subdivision 20. Additional Administrative Requirements
A. State and Federal Permits. Prior to granting a permit or processing an
application for a Conditional Use Permit (CUP) or variance, the Administrator
shall determine that the applicant has obtained all necessary state and federal
permits.
B. Certification. The applicant shall be required to submit certification by a
licensed professional engineer, architect or land surveyor that the finished Fill
and building elevations were accomplished in compliance with the provisions
of this Section. Flood Proofing measures shall be certified by a licensed
professional engineer or architect.
C. Record of Lowest Floor Elevation. The Administrator 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
Administrator shall also maintain a record of the elevation to which Structures
or alterations and additions to Structures are flood proofed.
D. Notifications for Watercourse Alterations. The Administrator shall notify, in
riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources, prior to the City authorizing any alteration
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§ 11.60
or relocation of a watercourse. If the applicant has applied for a permit to
work in the beds of public waters pursuant to Minnesota Statute, Chapter
103G, this shall suffice as adequate notice to the Commissioner of Natural
Resources. A copy of said notification shall also be submitted to the Chicago
Regional Office of FEMA. Applicant must maintain capacity for all watercourse
alterations.
E. Notification to FEMA when Physical Changes Increase or Decrease the 100-
Year Flood Elevation. As soon as is practicable, but not later than six (6)
months after the date such supporting information becomes available, the
Administrator shall notify the Chicago Regional Office of FEMA of the changes
by submitting a copy of said technical or scientific data.
Source: Ordinance No. 614, 2nd Series
Effective Date: 10-13-16
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