Loading...
HomeMy WebLinkAboutOrd. 050 - Flood Plan CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 50 AN ORDINANCE FOR THE MANAGEMENT OF FLOOD PLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota does ordain as follows: 1.2 Findings of Fact. 1.21 The flood hazard areas of Andover, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzin~ flood hazards which is consistent with the standards estaqlished by the Minnesota Department of Natural Resources. 1.3 Statement of purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS. 2.1 Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Andover shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2.2 Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted b reference and dec~ared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Andover prepared by the Federal Insurance Administration dated March, 1980, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official zoning Map shal be on file in the office of the City Clerk. The attached material shall include the floodway boundaries and Floodway Map, panel OOlSA, as amended by TK ,A study, dated September 3, 1981. (SOA, 11-03-81) 2.3 Regulatory Flood protection Elevation. o The Regulatory Flood protection Elevation shall be an elevation no lower than one foot above the elevation of th regional flood plus any increases in flood elevation cause by encroachments on the flood plain that result from designat on of a floodway, 2.4 Interpretation. 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of he governing body and shall not be deemed a limitation or rep al of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall b determined by scaling distances on the Official zoning Map Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretatio , based on elevations on the regional (lOa-year) flood profi e and other available technical data. Persons contesting th location of the district boundaries shall be given a reasonable opportunity to present their case to the Boarp .nd to submit technical evidence. 2.5 Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the term of this Ordinance and other applicable regulations which appl to uses within the jurisdiction of this Ordinance. 2.6 Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrog te, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes great r restrictions, the provisions of this Ordinance shall preva 1. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.7 warning and Disclaimer of Liability. This Ordinance does not imply that areas outside of t e flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. Th s Ordinance shall not create liability on the part of the Ci y of Andover or any officer or employee thereof for any floo Page 2 damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.8 Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainde~ of this Ordinance shall not be affected thereby. 2.9 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. the and Accessory Use or Structure - a use or structure on same lot with, and of a nature customarily incidental subordinate to, the principal use or structure, Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry areas. Flood Frequency - the average frequency, statistlcally determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Andover. Flood plain - the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. Flood-Proofing - a combination of structural provislons, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway - the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry and discharge the regional flood. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulato(y fl~oct plain which amy impede, retard, or change the direction of the flow of water, either in page 3 itself or by catching or collecting debris carried by such water. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings wo~ld most typically constitute a reach. Relional Flood - a flood which is representative of large loods 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 lOO-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Structure - anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS. The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District (GFP). 3.1 Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. 3.2 Flood Fringe District. The Flood Fringe District shall include those ares designated as floodway fringe in the Flood Insurance Study. 3.3 General Flood plain District. The General Flood plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map. The boundaries of these districts shall be shown as an attachment to the Official zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be prohibited. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the Page 4 ( main stream or of any drainage ditch, or any other drainage facility or system. 4.11 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. 4.13 private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential uses such as lawns, gardens, parking areas, and play areas. 4.2 Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance. These uses are also subject to the provisions of Section 4.3, which applies to all floodway Conditional Uses. 4.21 Structures accessory to open space uses. 4.22 Placement of fill. 4.23 Extraction of sand, gravel, and other materials. 4.24 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.25 Railroads, streets, bridges, utility transmission lines, and pipelines. 4.26 Storage yards for equipment, machinery, or materials. 4.27 Other uses similar in nature to uses described in Sections 4.1 and 4.2 which are consistent with the provisions set out in Sections 1.3 and 4.0 of this ordinance. 4.3 standards for Floodway Conditional Uses. 4.31 All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases floon heights. In addition, all floodway Conditional Uses shall be subject to the standards contained Page 5 in Section 10.45 and the following standards (Sections 4.32- 4.36) . 4.32 Fill " (1) Any fill deposited in the floodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 4.2. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. (2) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with (1) of this Section. (3) Fill shall be protected from erbsion by vegetative cover. 4.33 Accessory Structures (temporary or permanent) permitted as Conditional Uses by Section 4.21. (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (b) So far as practicable, structures shall 'be placed approximately on the same flood flow lines as those of adjoining structures. . (3) Accessory structures shall be flood-proofed in accordance with the State Building Code. 4.34 Storage of Materials and Equipment (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. 4.35 Structural Works for Flood Control. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross-section of a publi~ water shall be subject to the provisions of Minnesota Statutes, Chapter 105. SECTION 5.0 FLOOD FRINGE DISTRICT CFF) page 6 o 5.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: 5.11 Any use permitted in section 4.1. 5.12 Accessory structures provided they comply with the provision of Section 4.33 of this ordinance. 5.13 Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements in Section 5.31. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 5.2 Conditional Uses. Other uses are permitted only upon application to the zoning Administrator and the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance and subject to the following provisions: 5.21 Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood-proofed in accordance with the State Building Code. 5.22 Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP-l classification in accordance with the State Building Code. No floor or portion of a residence below the Regulatory Flood Protection Elevation may be used for human occupancy. 5.23 Non-Residential Structures. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special circumstances be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the Regulatory Flood Protection Elevation shall be flood-proofed to FP-l or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. 5.3 Standards for Flood Fringe Uses Page 7 5.31 Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood protection Elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. 5.32 Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.33 Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.32 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT. 6.1 Permitted Uses. Permitted uses shall include those uses permitted by Section 4.1 in this ordinance. 6.2 Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a special permit as provided in Section 10.4. The General Flood Plain District includes the entire flood plain and does not differentiate between those areas that are floodway and those areas that are flood fringe. Because of this the Planning and zoning Commission shall determine whether the proposed use is in floodway or flood fringe using procedures established in Section 10.43. If it is determined that the use lies in the floodway, the provisions of Section 4.0 of this Ordinance shall apply. If it is determined that the proposed use lies in the flood fringe, the provisions of Section 5.0 of this Ordinance shall apply. SECTION 7.0 SUBDIVISIONS. No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of any City ordinance and have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood protection Elevation. page 8 In the General Flood plain District, applicants shall provide the information required in Section 10.43 of this Ordinance. The Planning and zoning Commission shall evaluate the subdivision in accordance with procedures established in Section 10.43 and standards contained in Section 10.45 of this Ordinance. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES. 8.1 Public utilities. " All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood protection Elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the Floodway District shall comply with Sections 4.31 and 4.32 of this ordinance. Elevation to the Regulatory Flood protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety, SECTION 9.0 MOBILE HOMES AND MOBILE HOME PARKS. 9.1 New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this ordinance. 9.2 Mobile homes in existing mobile home parks that are located i~ flood plain districts are nonconforming uses and may be replaced only if in compliance with the following conditions: (1) The mobile home lies in the Flood Fringe District. (2) The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations MoH 450. (3) The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding. (4) The mobile home park owner develops a flood emergency plan consistent with the time available after a flood warning. The plan shall be filed with and approved by the Planning and zoning Commission. SECTION 10.0 ADMINISTRATION. 10.1 Zoning Administrator. A zoning Administrator designated by the City Council shall administer and enforc~ this Ordinancp.. If h~/she finds a violation of thp. proV15~0r!5 0e this Ordinance he/she shall Page 9 notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. 10.2 Use Permit. 10.21 Use Permit Required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the erectton, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of ill or excavation of materials within the flood plain. 10.22 Application for Use Permit. Application for a Use Permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 10.23 state and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or variance, the zoning Administrator shall determine that the applicant has obtained all necessary state and Federal Permits. 10.24 Certificate of zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use of occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure ~ntil a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Ordinance. 10.25 Construction and Use to be as provided in Applications, plans, Permits, and Certificate of zoning Compliance. Use Permits, Conditional Use Permits, or Certificates of zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. Page 10 10.26 Record of First Floor Elevation. The zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He/she shall also maintain a record of the elevations to which structures or additions to structures are flood-proofed. 10.3 Board of Adjustment. established. A Board of Adjustment is hereby ~ 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State Law. 10.32 Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of the Ordinance will result in unnecessary hardship so that the spirit of the Ordinance shall be observed and substantial justice done. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State Law. 10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or variance within 60 days. In passing upon an appeal the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.47, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. Page 11 LD.36 Appeal of the city Council and District Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, officer, department, board, or bureau of the municipality, to the City Council. The decision of the City Council may be appealed to the district court, of this jurisdiction as provided in Minnesota Statutes 462.361. " 10.4 conditional Uses. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning and Zoning Commission for consideration. The Planning and Zoning Commission shall hear and forward recommendations regarding applications for Conditional Uses permissable under this Ordinance. 10.41 Hearings. Upon filing with the Zoning Administrator an application for a Conditional Use Permit, the zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Use sufficiently in advance so that the Commissioner will receive at least ten (10) days notice of the hearing. 10.42 Decisions. The City Council shall arrive at a decision on a Conditional Use within 60 days. In granting a Conditional Use Permit the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section10.47, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 procedures for Evaluating Proposed Conditional Uses Within the General Flood Plain District. (1) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the floodway or flood fringe. (a) A typical valler cross-section showing the channel of the stream, e evation of land areas adjoining each side of the channel, cross-sectional ares to be occupied by the proposed development, and highwater information. (b) plan (surface view) showing elevations or contours or-the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; Page 12 photographs showing existing land uses and vegetation upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. " (2) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations NR86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach be assumed in computingfloodway boundaries. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine whether the proposed use is in Protection Elevation at the site. 10.44 Procedures to be Followed by the City Council in Passing on Conditional Use Permit Applications Within All Flood Plain Districts. (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning and Zoning Commission for determining the suitability of the particular site for the proposed use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel, (b) Specifications for building construction and "materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) Transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation Page 13 " to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.45 Factors Upon Which the Recommendation of the Planning and zoning Commission and the decision of the City Council shall be Based. In passing upon Conditional Use Applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and (1) The danger of life and property due to increased flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. ( 11 ) or rise, expected The expected heights, velocity, duration, rate and sediment transport of the flood waters at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. (13) Submission and favorable review by the Coon Creek Watershed Board. Page 14 10.46 Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Sections 10.43 and 10.44 of this Ordinance. The City Council shall render a written decision within 60 days from the receipt of such additional information. 10.47 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Ordinance, the City Council may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (1) Modification of waste disposal and water supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. . (4) Requirements for construction of channel modifications, dikes, levees, and other protective measures. (5) Flood-proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the Regulatory Flood protection Elevation and associated flood factors for the particular area. SECTION 11.0 NONCONFORMING USES. 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: 11.11 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 11.12 No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. 11.13 any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be flood-proofed in accordance with the State Building Code. Page 15 11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building or premises shall conform to this Ordinance. Any appropriate public official shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. 11.15 If any nonconforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Ordinance. However, the City Council may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately flood-proofed, elevated, or otherwise protected in conformity with Section 10.47. 11.16 Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. 11.17 Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards continued in this Ordinance within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result in this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 11.18 The Zoning Administrator shall prepare a l~st of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with Section 10.47 of this Ordinance and shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Ordinance. SECTION 12.0 PENALTIES FOR VIOLATION. Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Nothing herein contained shall prevent the City of Andover from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 13.0 AMENDMENTS. The flood plain designation on the official zoning map shall . not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation ~f the regional flood and is contiguous to Page 16 land outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this ordinance including amendments to t e official zoning map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Chanses n the official zoning map also require prior approval by the Fed ral Insurance Administration. Adopted by the City Council of the City of Andover this 2n day of September, 1980. CITY OF ANDOVER JERRY WINDSCHITL Mayor ATTEST: PATRICIA K. LINDQUIST City Clerk 50A, 11-03-81 Page 17 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.50A AN ORDINANCE AMENDING ORDINANCE NO. 50, ADOPTED SEPTEMBER 12,1980, KNOWN AS THE FLOOD PLAIN ORDINANCE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Section 2.2 is hereby amended to read: Add: The attached material shall include the floodway boundaries and Floodway Map, PanelOO15A, as amended by TKDA study, dated September 3, 1981. Adopted by the City Council of the City of Andover this 3rd day of November , 1981. CITY OF ANDOVER Ken ~--4 t-A.Adm. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESarA ORDINANCE NO. 50 AN ORDINANCE FOR THE MANAGEMENT OF FLOOD PLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESarA. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION. FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota does ordain as follows: 1.2 Findings of Fact 1.21 The flood hazard areas of Andover, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of Purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0 GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies. This ordinance shall apply to all lands within the jurisdiction of the City of Andover shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2.2 Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Andover prepared by the Federal Insurance Administration dated March, 1980, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on file in the Office of the City Clerk. 2.3 Regulatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation. 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on elevations on the regional (lOO-year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to -2- uses within the jurisdiction of this Ordinance. 2.6 Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside of the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Andover or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. 2.8 Severability. If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 2.9 Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Equal Degree of Encroachment - a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry areas. Flood Frequency - the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of Andover. -3- Flood Plain - the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. 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. Floodway - the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry and discharge the regional flood. Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or r~gulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 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 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. Structure - anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District (GFP). -4- 3.1 Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. 3.2 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study. 3.3 General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map. The boundaries of these districts shall be shown as an attachment to the Official Zoning Map. Within these districts all uses not allowed as Permitted Uses or permissible as Conditional Uses shall be prohibited. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. 4.11 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. 4.13 Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential uses such as lawns, gardens, parking areas, and play areas. -5- 4.2 Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance. These uses are also subject to the provisions of Section 4.3, which applies to all floodway Conditional Uses. 4.21 4.22 4.23 4.24 4.25 4.26 4.27 Structures accessory to open space uses. Placement of fill. Extraction of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. Railroads, streets, bridges, utility transmission lines, and pipelines. Storage yards for equipment, machinery, or materials. Other uses similar in nature to uses described in Sections 4.1 and 4.2 which are consistent with the provisions set out in Sections 1.3 and 4.0 of this ordinance. 4.3 Standards for Floodway Conditional Uses 4.31 All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in Section 10.45 and the following standards (Sections 4.32-4.36.). 4.32 Fill (1) Any fill deposited in the floodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 4.2. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. (2) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with (1) -6- of this Section. (3) Fill shall be protected from erosion by vegetative cover. 4.33 Accessory Structures (temporary or permanent) permitted as Conditional Uses by Section 4.21. (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be flood-proofed in accordance with the State Building Code. 4.34 Storage of Materials and Equipment (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. 4.35 Structural Works for Flood Control. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross-section of a public water shall be subject to the provisions of Minnesota Statutes. Chapter 105. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: -7- 5.11 Any use permitted in Section 4.1. 5.12 Accessory structures provided they comply with the provision of Section 4.33 of this ordinance. 5.13 Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements in Section 5.31. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 5.2 Conditional Uses. Other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance and subject to the following provisions: 5.21 Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood-proofed in accordance with the State Building Code. 5.22 Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP-l classification in accordance with the State Building Code. No floor or portion of a residence below the Regulatory Flood Protection Elevation may be used for human occupancy. 5.23 Non-Residential Structures. Commercial, manufacturing, and industrial -~ structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special circumstances be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the Regulatory Flood Protection Elevation shall be flood-proofed to FP-l or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. 5.3 Standards for Flood Fringe Uses 5.31 Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. 5.32 Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.33 Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.32 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 6.1 Permitted Uses. Permitted uses shall include those uses permitted by Section -9- 4.1 of this Ordinance. 6.2 Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a special permit as provided in Section 10.4. The General Flood plain District includes the entire flood plain and does not differentiate between those areas that are floodway and those areas that are flood fringe. Because of this the Planning and Zoning Commission shall determine whether the proposed use is in the floodway or flood fringe usigg procedures established in Section 10.43. If it is determined that the use lies in the floodway, the provisions of Section 4.0 of this Ordinance shall apply. If it is determined that the proposed use lies in the flood fringe, the provisions of Section 5.0 of this ordinance shall apply. SECTION 7.0 SUBDIVISIONS No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of any city ordinance and~have road access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. In the General Flood plain District, applicants shall provide the information required in Section 10.43 of this Ordinance. The planning and Zoning Commission shall evaluate the subdivision in accordance with procedures established in Section 10.43 and standards contained in Section 10.45 of this Ordinance. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood- proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the Floodway District shall comply with Sections 4.31 and 4.32 -10- of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. SECTION 9.0 MOBILE HOMES AND MOBILE HOME PARKS 9.1 New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 Mobile homes in existing mobile home parks that are located in flood plain districts are nonconforming uses and may be replaced only if in compliance with the following conditions: (1) The mobile home lies in the Flood Fringe District. (2) The mobile home is anchored with tied owns that comply with requirements of Minnesota Regulations MoH 450. (3) The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding. (4) The mobile home park owner develops a flood emergency plan consistent with the time available after a flood warning. The plan shall be filed with and approved by the Planning and Zoning Commission. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator. A Zoning Administrator designated by the City Council shall administer and enforce this Ordinance. If he/she finds a violation of the provisions of this Ordinance he/she shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. 10.2 Use Permit 10.21 Use Permit Required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior -11- to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. 10.22 Application for Use Permit. Application for a Use Permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 10.23 State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use of occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Ordinance. 10.25 Construction and Use to be as Provided in Applications, plans, Permits, and Certificate of Zoning Compliance. Use Permits, Conditional Use Permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, -12- and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. The applicant shall be required to submit certifi- cation by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. 10.26 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He/she shall also maintain a record of the elevations to which structures or additions to structures are flood-proofed. 10.3 Board of Ad;ustment. A Board of Adjustment is hereby established. 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State Law. 10.32 Administrative Review. The Board shall hear and decide appeals where it it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of the Ordinance will result in unnecessary hardship so that the spirit of the Ordinance shall be observed and substantial -13- justice done. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State Law. 10.34 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within 60 days. In passing upon an appeal the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.47, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.36 Appeal to the City Council and District Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, officer, department, board, or bureau of the municipality, to the City Council. ~14- The decision of the City Council may be appealed to the district court, of this jurisdiction as provided in Minnesota Statutes 462.361. 10.4 Couditional Uses. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning and Zoning Commission for consideration. The planning and Zoning Commission shall hear and forward recommendations regarding applications for Conditional Uses permissable under this Ordinance. 10.41 Hearings. Upon filing with the Zoning Administrator an application for a Conditional Use Permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Uses sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.42 Decisions. The City Council shall arrive at a decision on a Conditional Use within 60 days. In granting a Conditional Use Permit the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.47, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 10.43 Procedures for Evaluating Proposed Conditional Uses Within the General Flood plain District. (1) Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the floodway or flood fringe. -15- (a) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and highwater information. (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the flood- way or flood fringe and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations NR86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. -16- (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine whether the proposed use ia in the f100dway or flood fringe and the Regulatory Flood Protection Elevation at the site. 10.44 Procedures to be Followed by the City Council in Passing on Conditional Use Permit Applications Within All Flood Plain District~. (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning and Zoning Commission for determining the suitability of the particular site for the proposed use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. (b) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) Transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.45 Factors Upon Which the Recommendation of the Planning and Zoning -17- Commission and the decision of the City Council shall be Based. In passing upon Conditional Use Applications, the City Council shall consider all relevant factors specified in other sections of this Ordinance, and (1) The danger to life and property due to increased. flood heights or velocities caused by encroachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfron~ location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan. and and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate or rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. ((13) Submission and favorable review by the Coon Creek Watershed Board.) -18- 10.46 Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to Sections 10.43 and 10.44 of this Ordinance. The City Council shall render a written decision within 60 days from the receipt of such additional information. 10.47 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Ordinance, the City Council may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (1) Modification of waste disposal and water suPpJy facilities. (2) Limitations on period of use, occupancy, and operation. (3) Imposition of operational controls, sureties, and deed restrictions. (4) Requirements for construction of channel modifications, dikes, levees, and other protective measures. (5) Flood-proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood- proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. SECTION 11.0 NONCONFORMING USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions: ll.ll No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 11.12 No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its assessed value -19- at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. 11.13 Any alteration or addition to a nonconforming use which would result in substantially increasing the flood damage potential of that use shall be flood-proofed in accordance with the State Building Code. 11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building or premises shall conform to this Ordinance. Any appropriate public official shall notify the Zoning Administrator in writing of instances of nonconforming uses which have been dis- continued for a period of 12 months. 11.15 If any nonconforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Ordinance. However, the City Council may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately flood-proofed, elevated, or otherwise protected in conformity with Section 10.47. 11.16 Uses or adjuncts thereof which are or become niusances shall not be entitled to continue as nonconforming uses. 11.17 Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordinance within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, -20- by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 11.18 The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with Section 10.47 of this ordinance and shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Ordinance. SECTION 12.0 PENALTIES FOR VIOLATION Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Nothing herein contained shall prevent the City of Andover from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 13.0 AMENDMENTS The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to land outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this ordinance including amendments to the official zoning map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map also require prior approval by the Federal Insurance Administration. ------ -21- Adopted by the City Council of the City of Andover this 2nd day of September 1980. ATTEST: CITY OF ANDOVER ~ LJ~.M1 Je Win schitl, Mayor -22- ORDI NANCE NO. SO CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE FOR THE MANAGEMENT OF FLOOD PLAINS IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. THE CITY COUNCIL OF THE CITY OF AN- DOVER DOES ORDAIN AS FOLLOWS: SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapter 104 and 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Andover, Minnesota does ordain as follows; 1.2 Findings of Fact 1.21 The flood hazard areas of Andover, Min- nesota, are subiect to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affectthe pUblic health, safety, and general welfare. 1.22 Methods Used to Analyze Flood Hazards. This Ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. 1.3 Statement of Purpose. It is the purpose of this Ordinance to promote the public health, safety, and general welfare and to minimize those losses described in Section 1.21 by provisions contained herein. SECTION 2.0GENERAL PROVISIONS 2.1 Lands to Which Ordinance Applies. This or- dinance shall apply to all lands within the jurisdic- tion of the City of Andover shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. 2.2 Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shalf include the Flood Insurance Study for the City of Andover prepared by the Federal I n- surance Administration dated March, 1980, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on fite in the Office of the City Clerk. 2.3 RegUlatory Flood Protection Elevation. The Regulatory Flood Protection Elevation shalt be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 2.4 Interpretation. 2.41 In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. 2.42 The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary in- terpretation based on elevations on the regional (100- year) flood prOfile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence. 2.5 Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the iurisdiction of this Ordinance. 2.6 Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance im- poses greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances in- consistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 2.7 Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside of the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Andover or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any ad- ministrative decision lawfully made thereunder. 2.8 Severability. If any section, clause, provision, or portion of this Ordinance is adjudged un- constitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 2.9 Definitions. Unless speCifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application. Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily in- cidental and subordinate to, the principal use or structure. Equal Degree of Encroachment . a method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. Flood - a temporary increase in the flow or stage of a stream or in the stage of a lake that results in the inundation of normally dry areas. Flood Frequency - the average frequency, statistically determined, for which it is expected that a specific flood stage or discharge may be equalled or exceeded. Flood Fringe. that portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance StUdy for the City of Andover. Flood Plain. the areas adjoining a watercourse which have been or hereafter may be covered by the regional flood. 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. Floodway . the channel of the watercourse and those portions of the adjoining flood plain which are reasonably required to carry and diScharge the regional flood. Obstruction - any dam, walt, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regUlatory flood plain which may impede, retard, or Change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. Reach. a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 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 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance StudY. Structure. anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, mobile homes, and other similar items. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS The flood plain areas within the jurisdiction of this ordinance are hereby divided into three districts: Floodway District (FW), Flood Fringe District (FF), and General Flood Plain District (GFP). 3.1 Floodway District. The FIOOdway Districtshall include those areas deSignated as flOOdway in the Flood I nsurance Study. 3.2 Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance StUdy. 3.3 General FlOod Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones on the Flood I nsurance Rate Map. The boundaries of these districts shall be shown as an attachment to the Official Zoning Map. Within these districts all uses not allowed as Permitted Uses 1 or permissible as Conditional Uses shall be prohibited. SECTION 4.0 FLOODWAY DISTRICT(FW) 4.1 Permitted Uses.. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of materials or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any ot.her drainage facility or system. 4.11 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, hor- ticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. 4.13 Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picniC grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential uses such as lawns, gardens, parking areas, and play areas. 4.2 Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance. These uses are also subiect to the proviSions of Section 4.3, which applies to all floodway Conditional Uses. 4.21 Structures accessory to open space uses. 4.22 Placementoffilt. 4.23 Extraction of sand, gravel, and other materials. 4.24 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.25 Railroads, streets, bridges, utility tran- smission lines, and pipelines. 4.26 Storage yards for equipment, machinery, or materials. 4.27 Other uses similar in nature to uses described in Sections 4.1 and 4.2 which are consistent with the provisions set out in Sections 1.3 and 4.0 of this or- dinance. 4.3 Standards for Floodway Conditional Uses 4.31 All Uses. No structure (temporary or per. manent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use which, acting alone or in com- bination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in Section 10.45 and the following standards (Sections 4.32-4.36.). 4.32 Fill (1) Any till deposited in the floodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 4.2. Generally, fit I shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. (2) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with (1) of this Section. (3) Fill shall be protected from erosion by vegetative cover. 4.33 Accessory Structures (temporary or per- manent) permitted as Conditional Uses by Section 4.21. (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be con. structed with the longitudinal axis parallel to the direction of flood flow, and (b) So far as practicable, structures shall be placed approximately on the same flood flow fines as those of adjoining structures. (3) Accessory structures shall be flood-proofed in accordance with the State Building Code. 4.34 Storage of Materials and Equipment (1) The storage or processing of materials that ar.e, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. 4.35 Structural Works for Flood Contro1. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross.section of a public water shall be sUbject to the provisions of Minnesota Statutes, Chapter 105. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: 5.11 Any use permitted in Section 4.1. 5.12 Accessory structures provided they comply with the provision of Section 4.33 of this ordinance. 5.13 Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. Residences con. structed on fill shall be subject to the vehicular ac. cess requirements in Section 5.31. No use shall be permitted which will adversely affect the capacity of the channels or f100dways of any tributary to the main stream, or of any drainage ditch, or any other drainage faCility or system. 5.2 Conditional Uses. Other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit as provided in Section 10..4 of this Ordinance and sUbject tothe following provisions: 5.21 Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood-proofed in accordance with the State Building Code. 5.22 Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP-l classification in accordance with the State Building Code. No floor or portion of a residence below the Regulatory Flood Protection Elevation may be used for human occupancy. 5.23 Non-Residential Structures. Commercial, manufacturing, and industrial structures shall or. dinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special cir- cumstances be flood-proofed in accordance with the State Building Code. Structurs that are not elevated to above the Regulatory Flood Protection Elevation shall be flood-proofed to FP-l or FP-2 classification as defined by the State Building Code. Structures flood-proofed to F P-3 or F P-4 classification shall not be permitted. 5.3 Standards for Flood Fringe Uses 5.31 Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance the Board shall specify limitations on the period of use or occupancy of the residence. 5.32 Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general publiC shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would inundate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 5.33 Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5.32 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT 6.1 Permitted Uses. Permitted uses shall in- clude those uses permitted by Section 4.1 of this Ordinance. 6.2 Conditional Uses. All other uses are Con. ditional Uses and are permitted only upon the issuance of a special permit as provided in Section 10.4. The General Flood Plain District includes the entire flood plain and does not differentiate between those areas that are floodway and those areas that are flood fringe. Because of this the Planning and Zoning Commission shall determine whether the proposed use is in the f100dway or flood fringe using procedures established in Section 10.43. If it is determined that the use lies in the floodway, the provisions of Section 4.0 of this Ordinance shall apply. If it is determined that the proposed use lies in the flood fringe, the provisions of Section 5.0 of this ordinance shall apply. SECTION 7.0 SUBDIVISIONS No land shall be subdivided which is held un- suitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the RegUlatory Flood Protection Elevation. All sub- divisions shall have water and sewage disposal facilities that comply with the provisions of any city ordinance and have road access both to the sub- division and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation. In the General Flood Plain District, applicants shall provide the information required in Section 10.43 of ths Ordinance. The Planning and Zoning Commission shall evaluate the subdivision in ac- cordance with procedures established in Section 10.43 and standards contained in Section 10.45 of this Ordinance. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be floodproofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. 8.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the Floodway District shall comply with Sections 4.31 and 4.32 of this Ordinance. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilities would result in danger tothe publiC health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be con- structed at a lower elevation where failure or in- terruption of transportation services would not endanger the public health or safety. SECTION 9.0 MOBilE HOMES AND MOBilE HOME PARKS 9.1 New mobile home parks and expansions to existing mobile home parks shall be SUbject to the provisions placed on subdivisions by Section 7.0 of this Ordinance. 9.2 Mobile homes in existing mobile home parks that are located in flood plain districts are non- conforming uses and may be replaced only if in compliance with the following conditions: (1) The mobile home lies in the Flood Fringe District. (2) The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations MoH 450. (3) The mobile home owner or renter is notified that the mobile home site lies in the flood plain and may be subject to flooding. (4) The mobile home park owner develops a flood emergency plan consistent with the time available after a flood warning. The plan shall be filed with and approved by the Planning and Zoning Commission. SECTION 10.0 ADMINISTRATION 10.1 zoning Administrator. A Zoning Ad- ministrator designated by the City Council shall administer and enforce this Ordinance_ If he/she finds a violation of the provisions of this Ordinance he/she shall notify the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. 10.2 Use Permit 10.21 Use Permit Required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to 2 the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the placement of fill or excavation of materials within the flood plain. 10.22 Application for Use Permit. Application for a Use Permit shall be made in duplicate to the Zoning Administrator on forms furnished by him/her and shall include the following where applicable: pla~s in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lOti existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 10.23 State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. 10.24 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use of occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Ordinance. Where a nonconforming use or structure is extended or substantially altered, the Certificate of zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Ordinance. 10.25 Construction and Use to be as Provided in Applications, Plans, Permits, and Certificate of Zoning Compliance. Use Permits, Conditional Use Permits, or Certificates of Zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and con- struction set forth in such approved plans and ap- plications, and no other use, arrangement, or con. struction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Ordinance, and punishable as provided by Section 12.0 of this Ordinance. The ap- plicant shall be required to submit certification by a registered professional engineer, registered ar. chitect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer or registered ar- chitect. 10.26 Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. He/she shall also maintain a record of the elevations to which structures or ad- ditions to structures are flood-proofed. 10.3 Board of Adjustment. A Board of Adjustment is hereby established. 10.31 Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State Law. 10.32 Administrative Review. The Board shall hear and decide appeals where it it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Ordinance. 10.33 Variances. The Board may authorize upon appeal in speCific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of the Or- dinance will result in unnecessary hardship so that the spirit of the Ordinance shall be observed and substantial justice done. No Variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit stan- dards lower than those required by State Law. 10.34 Hearings. upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Variances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.35 Decisions. The Board shall arrive at a decision on such appeal or Variance within 60 days. In passing upon an appeal the Board may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a Variance the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10.47, which are in conformity with the purposes of this Ordinance. Violations of such con- ditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Variances shall be forwarded by mail to the Com- missioner of Natural Resources within ten (10) days of such action. 10.36 Appeal to the City Council and District Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer., officer, department, board, or bureau of the municipality, tothe City Council. The decision of the City Council may be appealed to the district court, of this iurisdiction as provided in Minnesota Statutes 462.361. 10.4 Conditional Uses. Applications shall be submitted to the zoning Administrator who shall forward the application to the Planning and zoning Commission for consideration. The Planning and Zoning Commission shall hear and forward recommendations regarding applications for Con- ditional Uses permissable under this Ordinance. 10.41 Hearings. Upon filing with the zoning Ad- ministrator an application for a Conditional Use Permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed Conditional Uses sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. 10.42 Decisions. The City Council shall arrive at a decision on a Conditional Use within 60 days. In granting a Conditional Use Permit the City Council may prescribe appropriate conditions and safeguards, in addition to those specified in Section 10.47, which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the Conditional Use Permit is granted, shall be deemed a violation of this Ordinance punishable under Section 12.0. A copy of all decisions granting Conditional Use Permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days-oTsl:lch action. 10.43 Procedures for Evaluating Proposed Con- ditional Uses Within the General Flood Plain District. (1) Upon receipt of an application for a Con- ditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the Regulatory Flood Protec- tion Elevation and whether the proposed use is within the floodway or flood fringe. (a) A typical valley cross-section showing the channel of the stream, elevation of land areas ad- joining each side of the channel, cross-sectional areas to be occupied by the proposed development, and highwater information. (b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (c) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (2) One copy of the above information shalt be transmitted to a designated engineer or other expert person or agency for technical assistance in deter- mining whether the proposed use is in the floadway or flood fringe and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations N R86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine whether the proposed use is in the floodway or flood fringe and the Regulatory Flood Protection Elevation at the site. 10.44 Procedures to be Followed by the City Council in Passing on Conditional Use Permit Ap- plications Within All Flood Plain Districts. (1) Require the applicant to furnish such of the following information and additional information as deemed necessary by the Planning and Zoning Commission for determining the suitability of the particular site for the proposed use: (a) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or prop,osed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. (b) Specificatons for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (2) Transmit one copy of the information described in subsection (1) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and ve- locities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (3) Based upon the technical evaluation of the designated engineer or expert, the Planning' and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. 10.45 Factors Upon Which the Recommendation of the Planning and Zoning Commission and the decision of the City Council shall be Based. In passing upon Conditional Use Applications, the City Council shall consider all relevant factors specified in other sectons of this Ordinance, and J 1) The danger to life and property due to in- creased flood heights or velocities caused by en- croachments. (2) The danger that materials may be swept onto other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (4) The susceptibility of the proposed faCility and its contents to flood damage and the effect of such damage on the individual owner. (5) The importance of the services provided by the proposed faCility to the community. (6) The requirements of the facility for a water- front location. (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (10) The safety of access to the property in times of flood for ordinary and emergency vehicles. (11) The expected heights, velocity, duration, rate or rise, and sediment transport of the flood waters expected at the site. (12) Such other factors which are relevant to the purposes of this Ordinance. (13) Submission and favorable review by the Coon Creek Watershed Board.) 10.46 Time for Acting on Application. The City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional in formation is required pursuant to Sections 10.43 ana 10.44 of this Ordinance. The City Council shall render a written decision within 60 days from the receipt of such additional information. 10.47 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Ordinance, the City Council may attach such conditions to the granting 01 Conditional Use Permits as it deems necessary tc fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following: (1) Modification of waste disposal and water 3 supply facilities. (2) Limitations on period of use, occupancy, and operation. (3) I mposition of operational controls, sureties, and deed restrictions. (4) ReqUirements for construction of channel modifications, dikes, levees, and other protective measures. (5) Flood-proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood. proofing measures are consistent with the RegUlatory Flood Protection Elevation and associated flood factors for the particular area. SECTION 11.0 NONCONFORMING USES 11.1 A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued SUbject to the following conditions: 11.11 No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. 11.12 No structural alteration or addition to any nonconforming structure over the life of the struc' ture shall exceed 50 pecent of its assessed value at the time of its becoming a nonconforming use, unless the entire structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. 11.13 Any alteration or addition to a non. conforming USe which would result in substantially increasing the flood damage potential of that use shall be flood-proofed in accordance with the State Building Code. 11.14 If any nonconforming use is discontinued for 12 consecutive months, any future use of the building or premises shall conform to this Ordinance. Any appropriate publiC official shall notify the Zoning Administrator in writing of instances of non. conforming uses which have been discontinued for a period of 12 months. 11.15 If any nonconforming use is destroyed by any means, including floods, to an extent of 50 percent or more of its assessed value, it shall not be recon. structed except in conformity with the provisions of this Ordinance. However, the City Council may issue a Conditional Use Permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately flood-proofed, elevated, or otherwise protected in conformity with Section 10.47. 11.16 Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. 11.17 Nonconforming uses located in the Floodway District shall be eliminated or brought into con- formity with the standards contained in this Or- dinance within a reasonable period of. time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In ad- dition, the monetary value of any competitive ad- vantage derived by the operation of such non- conforming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 11.18 The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with Section 10.47 of this Ordinance and shall present such list to the City Council which may issue a certificate 10 the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Ordinance. SECTION 12.0 PENALTIES FOR VIOLATION Violation of the provisions of this Ordinance or failure to comply with any of its requirements (in, c1uding violations of conditions and safeguards established in connection with grants of Variances or Conditional Uses) shall constitute a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Nothing herein contained shall prevent the City of Andover from taking such other lawful action as is necessary to prevent or remedy any violation. SECTION 13.0 AMENDMENTS The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to land outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this ordinance including amendments to the official zoning map must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map also require prior approval by the Federal Insurance Administration. Adopted by the City Council of the City of Andover this 2nd day of September, 1980. CITY OF ANDOVER -s- Jerry Windschitt Jerry Windschitr, Mayor ATTEST: -5- Patricia K. Lindquist Patricia K. Lindquist, City Clerk abcdefghi i kl mnopqrstuvwxyz Published in Anoka Co. Union Sept. 12,1980 4