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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 Golden Valley City Code Page 1 of 21 § 11.60 "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 Golden Valley City Code Page 2 of 21 § 11.60 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 Golden Valley City Code Page 3 of 21 § 11.60 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, Golden Valley City Code Page 4 of 21 § 11.60 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." Golden Valley City Code Page 5 of 21 § 11.60 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. Golden Valley City Code Page 6 of 21 § 11.60 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. Golden Valley City Code Page 7 of 21 § 11.60 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 Golden Valley City Code Page 8 of 21 § 11.60 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. Golden Valley City Code Page 9 of 21 § 11.60 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 Golden Valley City Code Page 10 of 21 § 11.60 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, Golden Valley City Code Page 11 of 21 § 11.60 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 Golden Valley City Code Page 12 of 21 § 11.60 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: Golden Valley City Code Page 13 of 21 § 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. Golden Valley City Code Page 14 of 21 § 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. Golden Valley City Code Page 15 of 21 § 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 Golden Valley City Code Page 16 of 21 § 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 Golden Valley City Code Page 17 of 21 § 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 Golden Valley City Code Page 18 of 21 § 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: Golden Valley City Code Page 19 of 21 § 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 Golden Valley City Code Page 20 of 21 § 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 Golden Valley City Code Page 21 of 21