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HomeMy WebLinkAbout2016-14 Amending Chapter 36 Floodplain Regulations ORDINANCE NO. 2016-14 AN ORDINANCE AMENDING CHAPTER 36 REGARDING FLOODPLAIN REGULATIONS The CITY COUNCIL OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS: CONTENTS DIVISION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE I DIVISION 2.0 GENERAL PROVISIONS 2 DIVISION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 5 DIVISION 4.0 FLOODWAY DISTRICT (FW) 6 DIVISION 5.0 FLOOD FRINGE DISTRICT (FF) 8 DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 10 DIVISION 7.0 LAND DEVELOPMENT STANDARDS 101 DIVISION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 12 DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 12 DIVISION 10.0 ADMINISTRATION 12 DIVISION 11.0 NONCONFORMITIES 16 DIVISION 12.0 PENALTIES AND ENFORCEMENT 16 DIVISION 13.0 AMENDMENTS 17 ARTICLE X. FLOODPLAIN DISTRICTS DIVISION 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 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of the City of Edina. These flood hazard areas are subject to periodic inundation, which may result in loss of life and 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. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 1.22 National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 1.23 This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve Ordinance No. 2016-14 Page 2 water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. DIVISION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Edina and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Edina shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. 2.3 Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the Engineering Department. Effective Flood Insurance Rate Map panels: 27053CO342F 27053CO362F 27053CO432F 27053CO344F 27053CO363F 27053CO451 F 27053CO361 F 27053CO364F 27053CO452F 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. Ordinance No. 2016-14 Page 3 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance 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 the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Edina or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. 2.9 Definitions: Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. 2.911 Accessory Use or Structure—as defined in section 36-10. 2.912 Base Flood Elevation—The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. 2.913 Basement—any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 2.914 Conditional Use—as defined in section 36-10. 2.915 Critical Facilities—facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. 2.916 Development—any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. 2.917 Equal Degree of Encroachment—a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. 2.919 Flood—a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 2.920 Flood Frequency—the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. Ordinance No. 2016-14 Page 4 2.921 Flood Fringe—the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. 2.922 Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). 2.923 Flood Prone Area—any land susceptible to being inundated by water from any source (see "Flood"). 2.924 Floodplain —the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. 2.925 Floodproofing—a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 2.926 Floodway—the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. 2.927 Lowest Floor—the lowest floor of the lowest enclosed area (including basement). 2.928 Manufactured Home—a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." 2.929 New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. 2.930 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 regulatory 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. 2.931 One Hundred Year Floodplain— lands inundated by the "Regional Flood" (see definition). 2.932 Principal Use or Structure—as defined in section 36-10. 2.933 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. 2.934 Recreational Vehicle—a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." 2.935 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 Ordinance No. 2016-14 Page 5 average frequency in the magnitude of the I% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. 2.936 Regulatory Flood Protection Elevation (RFPE) - an elevation not less than two feet above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. 2.937 Special Flood Hazard Area—a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." 2.938 Start of Construction —includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 2.939 Structure - anything constructed or erected on the ground or attached to the ground or on- site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.21 of this ordinance and other similar items. 2.940 Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 2.941 Substantial Improvement- within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a)Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b)Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. DIVISION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3. For Ordinance No. 2016-14 Page 6 lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the floodway. For lakes, wetlands and other basins within Zones A and AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the I% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.13 General Floodplain District. The General Floodplain District includes riverine areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Applicability: Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. DIVISION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 Open space uses, including but not limited to private and public 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, hunting and fishing areas, and single or multiple purpose recreational trails. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. 4.23 Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set Ordinance No. 2016-14 Page 7 forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.11 —4.13 above. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill. 4.4 Standards for Floodway Conditional Uses: 4.41 All Uses. A conditional use must not cause any increase in the stage of the I%chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 4.42 Fill; Storage of Materials and Equipment: (a) 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. (b)Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. (c) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the I% percent chance or regional flood may only be allowed if the Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 4.43 Accessory Structures. Accessory structures, as identified in Section 4.3 1, may be permitted, provided that: (a)structures are not intended for human habitation; (b)structures will have a low flood damage potential; (c)structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (d) Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed; (e) Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP I or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. (f) As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (I)To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the Ordinance No. 2016-14 Page 8 structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. 4.45 A levee, dike or floodwall constructed in the floodway must not cause an increase to the I% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. DIVISION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. 5.22 Accessory Structures. As an alternative to the fill requirements of section 5.2 1, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: (a) the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage. (b) All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation (c)Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: (I)To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 5.24 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. Ordinance No. 2016-14 Page 9 5.25 All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. 5.26 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. 5.27 All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.28 Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (I% chance) flood. 5.29 Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 5.30 Manufactured homes and recreational vehicles must meet the standards of division 9 of this ordinance. 5.3 Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Basements, as defined by Section 2.913 of this ordinance, are subject to the following: (a) Residential basement construction is not allowed below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. 5.43 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FPI or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Ordinance No. 2016-14 Page 10 5.44 The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. (a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (I%chance) flood event. (b)The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Council. (c)The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5.45 Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 6.22 If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in 6.23 below. 6.23 The determination of floodway and flood fringe must include the following components, as applicable: (a) Estimate the peak discharge of the regional (1%chance) 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 or store the regional flood without increasing flood stages more than one-half(0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 6.24 The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Ordinance No. 2016-14 Page II Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 6.25 Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Section 4.0 and 5.0 of this ordinance. DIVISION 7.0 LAND DEVELOPMENT STANDARDS 7.1 In General: Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Edina. 7.2 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. 7.21 All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 7.25 If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: (a) All such proposals are consistent with the need to minimize flood damage within the flood prone area, (b) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and (c) Adequate drainage is provided to reduce exposure of flood hazard. 7.3 Building Sites. If a proposed building site is in a flood prone area, all new construction (including the placement of manufactured homes) must be: (a)Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (b) Constructed with materials and utility equipment resistant to flood damage; (c) Constructed by methods and practices that minimize flood damage; Ordinance No. 2016-14 Page 12 (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (e) Approved by the City Engineer. DIVISION 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 floodplain must be floodproofed in accordance with the State Building Code, industry standards, or elevated to the regulatory flood protection elevation. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these 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. 8.3 On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. 9.11 Placement or replacement of manufactured home units is prohibited in the Floodway District. 9.2 Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Temporary storage of recreational vehicles in the floodplain must meet the exemption criteria below. 9.21 Criteria for exempt recreational vehicles (a) The vehicle must have a current license required for highway use. (b)The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities. DIVISION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City of Edina must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: Ordinance No. 2016-14 Page 13 (a)The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. (b)The use or change of use of a building, structure, or land. (c)The construction of a dam, fence, or on-site septic system. (d)The change or extension of a nonconforming use. (e)The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. (h)Any other type of"development" as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the information required in Sec. 36-129. 10.23 Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 10.24 Certification. The applicant is 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. Floodproofiing measures must be certified by a registered professional engineer or registered architect. 10.25 Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 10.26 Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 10.27 Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 10.3 Variances: Ordinance No. 2016-14 Page 14 10.31 Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Sections 36-95 through 36-104 of the zoning ordinance/code. 10.32 Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed 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. 10.33 Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: (a Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 10.34 Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 10.35 General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: (a)The potential danger to life and property due to increased flood heights or velocities caused by encroachments; (b)The danger that materials may be swept onto other lands or downstream to the injury of others; (c)The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; (d)The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; (e)The importance of the services to be provided by the proposed use to the community; (f) The requirements of the facility for a waterfront location; (g)The availability of viable alternative locations for the proposed use that are not subject to flooding; (h)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; Ordinance No. 2016-14 Page 15 (i) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; (j) The safety of access to the property in times of flood for ordinary and emergency vehicles; (k)The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.38 Recordkeeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section(s) 36-301 —36-310 of the zoning ordinance/code. 10.42 Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. 10.43 Conditions Attached to Conditional Use Permits. 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: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 10.44 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.45 Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. Ordinance No. 2016-14 Page 16 DIVISION 11.0 NONCONFORMITIES 1 1.1 Continuance of Nonconformities: A use, structure, or occupancy of land 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. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 1 1.1 1 — 1 1.15 of this ordinance. 1 1.1 1 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 1 1.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 1 1.12 Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FPI thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 1 1.17 below. 1 1.15 If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 1 1.17 Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. DIVISION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: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) constitute a misdemeanor and will be punishable as defined by law. 12.2 Other Lawful Action: Nothing in this ordinance restricts the City of Edina from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 36-369 through 36-371 of the zoning ordinance/code. In responding to a suspected ordinance violation, the Zoning Administrator and Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Edina must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. Ordinance No. 2016-14 Page 17 DIVISION 13.0 AMENDMENTS 13.1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain 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 regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 13.2 Amendments Require DNR Approval: All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. 13.3 Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. First Reading: October 18, 2016 Second Reading: Waived Published: October 27, 2016 Attest Debra A. Mangen, City Clerk aures B. ova , Ma or Please publish in the Edina Sun Current on: October 27, 2016 Send two affidavits of publication Bill to Edina City Clerk STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of October 18, 2016, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this day of City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s)known as: SC Edina with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for I successive week(s); the first insertion being on 10/27/2016 and the last insertion being on 10/27/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 10/27/2016 by Charlene Vold. Notary Public otai rrr MARLENE M. MITCHELL Notary Public-Minnesota +' My commission Expires Jan 31,2020 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 612601 CITY OF EDINA pile,abutment, projection,excavation,channel modification,culvert, foot of enclosed area subject to flooding;and ORDINANCE NO.2016-14 building,wire,fence,stockpile,refusa,fill,structure,or matter in,along, (2)There must be openings on at least two sides of the structure and AN ORDINANCE AMENDING CHAPTER 36 across,or projecting into any channel,:watercourse,or regulatory flood- the bottom of all openings must be no higher than one foot above the low- REGARDING FLOODPLAIN REGULATIONS plain which may impede,retard,or change the direction of the flow of wa- est adjacent grade to the,stnctum.Using human intervention to open a The CITY COUNCIL OF EDINA,MINNESOTA,DOES ORDAIN AS FOL- ter,either in Itself or by catching or collecting debris carried by such water. garage door prior to flooding will not satisfy this requirement for automatic LOWS:CONTENTS 2.931 One Hundred Year Fioodpiajn-lands inundated by the"Regional openings. DIVISION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT Flood"(see definition). 4.44 Structural works for flood control that will change the course,cur- AND PURPOSE 1 2.932 Principal Use or Structure-as defined in section 36-10. rent or cross section of protected wetlands or public waters are subject to DIVISION 2.0 GENERAL PROVISIONS 2 2.933 Reach-a hydraulic engineering term to describe a longitudi- me provisions of Minnesota Statutes,Section 103G.245. nal segment of a stream or Over influenced by a natural or man-made 4.45 A levee,dike or floodwall constructed in the floodway must not DIVISION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 7 obstruction.In an urban area,the segment of a stream or Over between cause an increase to the 1%chance or regional flood.The technical anal- DIVISION 4.0 FLOODWAY DISTRICT(FW) 7 two consecutive bridge crossings would most typically constitute a reach. ysis must assume equal conveyance or storage loss on both sides of a DIVISION 5.0 FLOOD FRINGE DISTRICT(FF) 9 2.934 Recreational Vehicle-a vehicle that is built on a single chas- stream. DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT(GF) 12 wa,is 400 square feet or less when measured at the largest horizontal 4.46 Floodway developments must not adversely affect the hydraulic DIVISION 7.0 LAND DEVELOPMENT STANDARDS 121 projection,is designed to be self-propelled or permanently towable by capacity of the channel and adjoining floodplain of any tributary water- DIVISION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND a light duty truck,and Is designed primarily not for use as a permanent course or drainage system. BRIDGES 14 dwelling but as temporary living quarters for recreational,camping,travel, DIVISION 5.0 FLOOD FRINGE DISTRICT(FF) or seasonal use.For the purposes of this ordinance,the term recreatlonal 5.1'Permitted Uses: Permitted uses are those uses of land or stmc- DIVISION 9.0 MANUFACTURED HOMES,MANUFACTURED HOME vehicle Is synonymous with the tern"travel trailer/tmvel vehicle." tures allowed in the underlying zoning district(s)that comply with the stan- PARKS,AND RECREATIONAL VEHICLES. 14 2.935 Regional Flood-a flood which is representative of large floods dards in Sections 5.2. DIVISION 10.0 ADMINISTRATION 15 known to have occurred generally in Minnesota and reasonably chemo- 5.2 Standards for Flood Fringe Permitted Uses: DIVISION 11.0 NONCONFORMITIES 18 terlstic of what can be expected to occur on an average frequency in the 5.21 All structures,including accessory.structures,must be elevated DIVISION 12.0 PENALTIES AND ENFORCEMENT 19 magnitude of the I%chance or 100-year recurrence interval.Regional on fill so that the lowest floor,as defined,is at or above the regulatory DIVISION 13.0 AMENDMENTS 20 flood is synonymous with the term"base flood"used in a flood insurance flood protection elevation.The finished fill elevation for structures must ARTICLE X.FLOOOPLAIN DISTRICTS study. be no lower than one foot below the regulatory flood protection elevation DIVISION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT 2.936 Regulatory Flood Protection Elevation(RFPE)-an elevation not and the fill must extend at the same elevation at least 15 feet beyond the AND PURPOSE less than two feet above the elevation of the regional flood plus any in- outside limits of the structure. 1.1 Statutory Authorization:The legislature of the State of Minnesota creases in flood elevation caused by encroachments on the floodplain that 5.22 Accessory Structures.As an alternative to the fill requirements of has,in Minnesota Statutes Chapter 103F and Chapter 462 delegated the result from designation of a floodway. section 5.21,structures accessory to the uses identified in Section 5.1 responsibility to local government units to adapt regulations designed to 2.937 Special Flood Hazard Area-a term used for flood insurance may be permitted to be internally/wet floodproofed to the FP3 or FP4 ze flood loes. purposes synonymous with"One Hundred Year Floodplain." fjoctlproofing classifications in the State Building Code,provided that: minimize ssPurpose: 2.938 Start of Construction-includes substantial improvement,and (a)the accessory structure constitutes a minimal investment,does not 1.21 This ordinance regulates development in the flood hazard areas of means the actual start of construction,repair,reconstruction,mhabilita- exceed 576 square feet in size,and is only used for parking and storage. the City of Edina.These flood hazard areas are subject to periodic Inunda- bon,addition,placement or other improvement that occurred before the (b)All portions of floodproofed accessory structures below the Regu- tion,which may result in loss of life and property,health and safety haz- permit's expiration date.The actual start is either the first placement of latory Flood Protection Elevation must be:(i)adequately anchored to ards,disruption of commerce and governmental services,extraordinary permanent construction of a structureon a site,such as the pouring of prevent flotation,collapse or lateral movement and designed to equalize public expenditures for flood protection and relief,and impairment of the slab or footings,the installation of piles,the construction of columns,or hydrostatic flood forces on exterior walls,(ii)be constructed with materials tax base.It is the purpose ofthis ordinance to promote the public health, any work beyond the stage of excavation;or the placement of a manu- resistant to flood damage,and(iii)must have all service utilities be water- safety,and general welfare by minimizing these losses and disruptions. factured home on a foundation.Permanent construction does not include tight or elevated to above the regulatory flood protection elevation 1.22 National Flood Insurance Program Compliance.This ordinance land preparation,such as clearing,grading and filling;nor does it include (c)Designs for meeting this requirement must either be certified by a is adopted to comply with the rules and regulations of the National Flood the Installation of streets and/or walkways;nor does it include excavation registered professional engineer or meet or exceed the following criteria: Insurance Program codified as 44 Code.of Federal Regulations Parts 59 for a basement,footings,piers,foundations,or the erection of temporary (1)To allow for the equalization of hydrostatic pressure,there must be -78,as amended,so as to maintain the community's eligibility in the Na- forms;nor does it include the installation on the property of accessory a minimum of two"automatic"openings in the outside walls of the struc- tional Flood Insurance Program. buildings,such as garages or sheds not occupied as dwelling units or ture,with atotal net area of not less than one square inch for every square 1.23 This ordinance is also intended to preserve the natural character- not part of the main structure.For a substantial improvement,the actual foot of enclosed area subject to flooding;and /sties and functions of watercourses and floodplains in order to moderate start of construction means the first alteration of any wall,ceiling,floor,or (2)There must be openings on at least two sides of the structure and flood and stormwater impacts,improve water quality,reduce soil erosion, other structural part of a building,whether or not that alteration affects the the bottom of all openings must be no higher than one foot above the low- protect aquatic and riparian habitat,provide recreational opportunities, external dimensions of the building. est adjacent grade to the structure.Using human intervention to open a provide aesthetic benefits and enhance community and economic tlevel- 2939 Structure-anything constructed or erected on the ground or at- garage door prior to flooding will not satisfy this requirement for automatic tached to the ground or on-site utilities'Including,but not limited to,build- openings. opD VISION 2.0 GENERAL PROVISIONS ings,factories,sheds,detached garaies,cabins,manufactured homes, 5.24 The storage of any materials or equipment must be elevated on fill 2.1 How to Use This Ordinance:This ordinance adopts the floodplain recreational vehicles not meeting the emption criteria specified in Sec- to the regulatory flood protection elevation. maps applicable to the City of Edina and includes three floodplain dis- tlon 9.21 of this ordinance and other s alar items. 5.25 All service utilities,including ductwork,must be elevated or water- ' trios:Floodway,Flood Fringe,and General Floodplain. 2.940 Substantial Damage-means.barrage of any origin sustained by tight to prevent infiltration of floodwaters. 2.11 Where Floodway and Flood Fringe districts are delineated on the a structure where the cost of restoring a structure to its before damaged 5.26 The storage or processing of materials that are,in time of flooding, r floodplain maps,the standards in Sections 4 or 5 will apply,depending on condition would equal or exceed 50 cent of the market value of the flammable,explosive,or potentially injurious to human,animal,or plant the location of a property. structure before the damage occurred- life is prohibited. 2.12 Locations where Floodway and Flood Fringe districts are not de- 2.941 Substantial Improvement- him nany consecutive 365-day pe- 5.27 All fill must be properly compacted and the slopes must be prop- lineated on the floodplain maps are considered to fall within the General Hod,any reconstruction,rehabilitation cluding normal maintenance and any protected by the use of ripmp,vegetative cover or other acceptable Floodplain district.Within the General Floodplain district,the Floodway repair),repair after damage,addition, other improvement of a structure, method. District standards in Section 4 apply unless the floodway boundary is de- the cost of which equals or exceeds 5�pement of the market value of the 5.28 Accessory uses such as yards,railroad tracks,and perking jots terminad,according to the process outlined in Section 6.Once the flood- structure before the"start of construction"of the improvement.This term may be at an elevation lower than the regulatory flood protection eleva- way boundary is determined,the Flood Fringe District standards in Sac- includes structures that have incurred:"substantial damage,"regardless tion.However,any facilities used by employees or the general public must tion 5 may apply outside the floodway of the actual repair work performed.The term does not,however,include be designed with a flood warning system that provides adequate time for 2.2 Lands to Which Ordinance Applies:This ordinance applies to all either. evacuation If the area Is inundated to a depth and velocity such that the lands within the jurisdiction of the City of Edina shown on the Official Zon- (a)Any project for improvement of.'structure to correct existing viola- depth(In feet)multiplied by the velocity(in feet per second)would exceed ing Map and/or the attachments to the map as being located within the tions of state or local health,sectary,or safety code specifications which a product of four upon occurrence of the regional(1%chance)flood. boundaries of the Floodway,Flood Fringe,or General Floodplain Districts, have been identified by the local codivenfomement official and which are 5.29 Interference with normal manufacturing/mclustrial plant operations 2.21 The Floodway,Flood Fringe and General Floodplain Districts are the minimum necessary to assure safAliving conditions. must be minimized,especially along streams having protracted flood du overlay districts that are superimposed on all existing zoning districts.The (b)Any alteration of a"historic structure,"provided that the alteration rations.In considering permit applications,due consideration must be standards Imposed in the overlay districts are in addition to any other will not preclude the structure's continued designation as a"historic struc- given to the needs of industries with operations that require a floodplain requirements in this ordinance.In case of a conflict,the more restrictive tura."For the purpose of this ardinande,"historic structure"is as defined location. standards will n thiy. jn 44 Code of Federal Regulations,Part 59.1. 5.30 Manufactured homes and recreational vehicles must meet the 2.3 Incorporation of Maps by Reference:The fallowing maps together DIVISION 3.0 ESTABLISHMENT OFZONING DISTRICTS standards of division 9 of this ordinance. with all attached material are hereby adopted by reference and declared 3.1 Distracts: 5.3 Conditional Uses:The fallowing uses and activities maybe allowed to be a part of the Official Zoning Map and this ordinance.The attached 3.11 Floodway District. The Floodway District includes those areas as conditional uses,if allowed in the underlying zoning district(s)or any material includes the Flood Insurance Study for Hennepin County,Min- within Zones AE that have a floodwaydelineated as shown on the Flood applicable overlay district,following the procedures in Section 10.4 of this nesota,and Incorporated Areas,dated November 4,2016 and the Flood Insurance Rate Map adopted In Section 2.3.For lakes,wetlands and other ordinance. Insurance Rate Map panels enumerated below,dated November 4,2016, basins within Zones A and AE that do not have a floodway delineated,the 5.31 Any structure that is not elevated on fill or floodproofed In accor- ali prepared by the Federal Emergency Management Agency.These ma- Floodway District also includes Mose areas that are at or below the ordi- dance with Sections 5.21 and 5.22 of this ordinance. tenals are on Main the Engineering Department. nary high water level as defined in Minnesota Statutes,Section 103G.005, 5.32 Storage of any material or equipment below the regulatory flood Effective Flood Insurance Rate Map panels: subdivision 14. protection elevation. 3.12 Flood Fringe District. The Flood Fringe District Includes areas 5.33 The cumulative placement of more than 1,000 cubic yards of fill 27063CO342F 27053CO361F 27053CO363F 27053CO432F within Zones AE that have a flaodwaydelineated on the Flood Insurance when the fill is not being used to elevate a structure in accordance with 27053CO344F 27053CO362F 27053CO364F 2705300451 F Rate Map adopted in Section 2.3,but are located outside of the floodway. Section 5.21 of this ordinance. 27053CO452F For lakes,wetlands and other basins within Zones A and AE that do not 5.4 Standards for Flood Fringe Conditional Uses: 2.4 Regulatory Flood Protection Elevation: The regulatory flood pro- have a floodway delineated,the Flood Fringe District also includes those 5.41 The standards listed in Sections 5.24 through 5.30 apply to all rection elevation(RFPE)is an elevation no lower than two feet above areas below the 1%annual chance(100-year)flood elevation but above conditional uses. the elevation of the regional flood plus any increases in flood elevation the ordinary high water level as defined in Minnesota Statutes,Section 5.42 Basements,as dented by Section 2.913 of this ordinance,are caused by encroachments on the floodplain that result from designation 103G.005,subdivision 14. subject to the following: of a floodway. 3.13 General Floodplain District.�h.General Floodplain District In- (a)Residential basement construction is not allowed below the regula- 2.5 Interpretation: The boundaries of the zoning districts are deter- eludes riverine areas within Zone Athdo not have a delineated floodway tory flood protection elevation. mined by scaling distances on the Flood Insurance Rate Map. as shown on the Flood Insurance RaMap adopted in Section 2.3. (b) Non-residential basements may be allowed below the regulatory 2.51 Where a conflict exists between the Flootlplain limits illustrated on 3.2 Applicability:Within the floodpl9jn districts established in this ordi- flood protection elevation provided the basement is structurally dry flood- Two th­.doeTune and lco,nionof development must pori with proofed in accordance with Section 5.43 of this ordinance. Shall be the governing factor.The Zoning Administrator must interpret the the terms of this ordinance and other applicable regulations.In no cases 5.43 All areas of nonresidential structures,including basements,to boundary locationbased on the ground elevations that existed on the shall floodplain development adversely affect the efficiency or unduly re- be placed below the regulatory flood protection elevation must be flood- site on the date of the first National Flood Insurance Program map show- strict the cap uacity of the channels or floodways of any tributaries to the proofed in accordance with the structurally dry fioodproofing classifica- ing the area within the regulatory floodplain,and other available technical main stream,drainage ditches,or any other drainage facilities or systems. tions in the State Building Code.Structurally dry floodprocfng must meet data. All uses not listed as permitted uses a conditional uses in Sections 4.0, the FPI or FP2 floodproofng classification in the State Building Code, 2.52 Persons contesting the location of the district boundaries will be 5.0 and 6.0 are prohibited.In addition,critical facilities,as defined In Sec- which requires,making the structure watertight with the walls substantially given a reasonable opportunity to present their case to the Planning Com- tion 2.915,are prohibited in all floodplain districts. impermeable to the passage of water and with structural components ca- mission and to submit technical evidence. DIVISION 4.0 FLOODWAY DISTRICT(FW) pable of resisting hydrostatic and hydrodynamic loads and the effects of 2.6 Abrogation and Greater Restrictions:It is not intended by this ordi- 4.1 Permitted Uses:The following uses,subject to the standards set buoyancy. nonce to repeal,abrogate,or impair any existing easements,covenants, forth in Section 4.2,are permitted uses if otherwise allowed in the underly- 5.44 The placement of more than 1,000 cubic yards of fill or other simi- or other private agreements.However,where this ordinance Imposes Ing zoning district or any applicable overlay district: lar material on a parcel(other than for the purpose of elevating a struc- greater restrictions,the provisions of this ordinance prevail.All other ordi- 4.11 General fanning,pasture,grazing,outdoor plant nurseries,hor- tura to the regulatory flood protection elevation)must comply with an ap- nances inconsistent with this ordinance are hereby repealed to the extent ticultum'truck farming,forestry,sod farming,and wild crop harvesting. proved emsion/sedimentation control plan. of the inconsistency only. 4.12 Industnalcommercial loading areas,parking areas,and airport (a)The plan must clearly specify methods to be used to stabilize the fill 2.7 Warning and Disclaimer of Liability:This.ordinance does not imply landing strips. on site for a flood event at a minimum of the regional(1%chance)flood that areas outside the floodplain districts or land uses permitted within 4.13 Open space uses,including but not limited to private and pub- event. such districts will be free from flooding or flood damages.This ordinance lic golf courses,tennis courts,driving ranges,archery ranges,picnic (b)The plan must be prepared and certified by a registered professional does not create liability on the part of the City of Edina or its officers or grounds,boat launching ramps,swimming areas,parks,wildlife and na- engineer or other qualified individual acceptable to the Council. employees for any flood damages that result from reliance on this ordi- ture preserves,game farms,fish hatcheries,shooting preserves,hunting (c)The plan may incorporate alternative procedures for removal of the nance or any administrative decision lawfully made hereunder. and fishing areas,and single or multiple purpose recreational trails. material from the floodplain I adequate flood warning time exists. 2.8 Severability:If any section,clause,provision,or portion of this ordi- 4.14 Residential lawns,gardens,parking areas,and play areas. 5.45 Storage of materials and equipment below the regulatory flood nanca is adjudged unconstitutional or invalid by a court of law,the remain- 4.15 Railroads,streets,bridges,utility,transmission lines and pipelines, protection elevation must comply with an approved emergency plan pro- der of this ordinance shall not be affected and shall remain in full force. provided that the Department of Natural Resources'Area Hydrologist is viding for removal of such materials within the time available after a flood 2.9 Definitions: Unless specifically defined below,words or phrases notified at least ten days prior to Issuance of any permit. warning. used in this ordinance must be interpreted according to common usage 4.2 Standards for Floodway Permitted Uses: DIVISION 6.0 GENERAL FLOODPLAIN DISTRICT(GF) and so as to give this ordinance its most reasonable application. 4.21 The use must have a low flood damage potential. 6.1 Permitted Uses: 2.911 to Use or Structure-as defined In section 36-10. 4.22 The use must not obstruct flood flows or cause any increase in 6.11 The uses listed in Section 4.1 of this ordinance,Floodway District 2.912 Base Flood Elevation-The elevation of the"regional flood."The flood elevations and must not Involve structures,obstructions,or storage Permitted Uses,are permitted uses. term"base flood elevation"is used in the flood insurance survey. of materials or equipment. 6.12 All other uses are subject to the floodway/flood fringe evaluation 2.913 Basement_Shy area ofa structure,including crawl spaces,hav- 4.23 Any facility that will be used by employees or the general public criteria specified in Section 6.2 below.Section 4.0 applies if the proposed ing its floor or base subgrade(below ground level)on all four sides,re- must be designed with a flood warning system that provides adequate use is determined to be in the Floodway District.Section 5.0 applies if the gardless of the depth of excavation below ground level. time for evacuation if the area is inundated to a depth and velocity such proposed use Is determined to be in the Flood Fringe District. 2.914 Conditional Use-as defined in section 36-10. that the depth(in feet)multiplied by the velocity(in feet par secontl)would 6.2 Procedures for Floodway and Flood Fringe Determinations: 2.915 Critical Facilities-facilities necessary to a community's public exceed a product of four upon occurrence of the regional(1%chance) 6.21 Upon receipt of an application for a permit or other approval within health and safety,those that store or produce highly volatile,toxic or wa- flood. the General Floodplain District,the Zoning Administrator must obtain,ra- ter-reactive materials,and those that house occupants that may be insuf- 4.3 Conditional Uses: The following uses may be allowed as condi- view and reasonably utilize any regional flood elevation and floodway data fcientiy mobile to avoid loss of life or injury.Examples of critical facilities tional uses following the standards and procedures set forth in Section available from a federal,state,or other source. include hospitals,correctional facilities,schools,daycare facilities,nuns- 10.4 of this ordinance and further subject to the standards set forth in 6.22 If regional flood elevation and floodway data are not readily Ing homes,fire and police stations,wastewater treatment facilities,public Section 4.4,it otherwise allowed in the undarlying zoning district or any available,the applicant must furnish additional information,as needed, electric utilities,water plants,fuel storage facilities,and waste handling applicable overlay district. to determine the regulatory flood protection elevation and whether the and storage facilities. 4.31 Structures accessory to the uses listed in 4.11-4.13 above. proposed use would fall within the Floodway or Flood Fringe District.In- 2.916 Development-any manmade change to improved or unim- 4.34 Storage yards for equipment,machinery,or materials. formation must be consistent with accepted hydrological and hydraulic proved real estate,including buildings or other structures,mining,dredg- 4.35 Placement of fill. engineering standards and the standards in 6.23 below. ing,filling,grading,paving,excavation or drilling operations,or storage of 4.4 Standards for Floodway,Conditional Uses: 6.23 The determination of floodway and flood fringe must include the equipment or materials. 4.41 All Uses. A conditional use must not cause any increase in the following components,as applicable: 2.917 Equal Degree of Encroachment-a method of determining the stage of the 1%chance or regional flood or cause an increase in flood (a)Estimate the peak discharge of the regional(1%chance)flood. location of Floodway boundaries so that floodplain lands on both sides of damages in the reach or reaches affected. (b)Calculate the water surface profile of the regional flood based upon a stream are capable of conveying a proportionate share of flood flows. 4.42 Fill;Storage of Materials and Equipment: a hydraulic analysis of the stream channeland overbank areas. 2.919 Flood-a temporary increase in the flow,or stage of a stream or (a)The storage or processing of materials that are,in time of flooding, (c)Compute the Floodway necessary to convey or store the regional in the stage of a wetland or lake that results in the inundation of normally flammable,explosive,or potentially injurious to human,animal,or plant flood without increasing flood stages more than one-half(0.5)foot.A dry areas. life is prohibited. lesser stage increase than 0.5 foot is required it,as a result of the stage 2.920 Flood Frequency-the frequency for which it Is expected that a (b)Fill,dredge spoil,and other similar materials deposited or stored increase,increased flood damages would result.An equal degree of an- specific flood stage or discharge may be equaled or exceeded. in the floodplain must be protected from erosion by vegetative cover, croachment on both sides of the stream within the reach must be as- 2.921 Flood Fringe-the portion of the Special Flood Hazard Area(one mulching,riprap or other acceptable method.Permanent sand and gravel sumed in computing floodway boundaries. percent annual chance flood)located outside of the floodway. Flood operations and similar uses must be covered by a long-term site develop- 6.24 The Zoning Administrator will review the submitted information's fringe is synonymous with the term"floodway,fringe"used in the Flood ment plan. and assess the technical evaluation and the recommended Floodway Insurance Study for Hennepin County,Minnesota. (c) Temporary placement of fill,other materials,or equipment which and/or Flood Fringe District boundary.The assessment must include the 2.922 Flood Insurance Rate Map-an official map on which the Federal would cause an Increase to the stage of the 1%percent chance or m- cumulative effects of previous floodway encroachments.The Zoning Ad- Insurance Administrator has delineated both the special hazard areas and gional flood may only be allowed if the Council has approved a plan that ministrator may seek technical assistance from a designated engineer the risk premium zones applicable to the community.A FIRM that has assures removal of the materials from the floodway based upon the flood or other expert person or agency,including the Department of Natural been made available digitally is called a Digital Flood Insurance Rate Map warning time available. Resources.Based on this assessment,the Zoning Administrator may ap- (DFIRM). 4.43 Accessory Structures.Accessorystructures,as identified in Sec- prove or deny the application. 2.923 Flood Prone Area-any land susceptible to being inundated by tion 4.31,may be permitted,provided that: 6.25 Once the Floodway,and Flood Fringe District boundaries have water from any source(see"Flood"). (a)structures am not intended for human habitation; been determined,the Zoning Administrator must process the permit ap- 2.924 Floodplain-the beds proper and the areas adjoining a wetland, (b)structures will have a low flood damage potential; plication consistent with the applicable provisions of Section 4.0 and 5.0 lake or watercourse which have been or hereafter may be covered by the (c)structures will be constructed and placed so as to offer a minimal of this ordinance. regional flood. obstruction to the flow of flood waters; DIVISION 7.0 LAND DEVELOPMENT STANDARDS 2.925 Floodproofing-a combination of structural provisions,changes, (d)Service utilities,such as electrical and heating equipment,within 7.1 In General:Recognizing that flood prone areas may exist outside of or adjustments to properties and structures subject 10 flooding,primarily these structures must be elevated to or above the regulatory flood protec- the designated floodplain districts,the requirements of this section apply, for the reduction or elimination of flood damages. tion elevation or properly floodproofed; to all land within the City of Edina. 2.926 Floodway-the bed of a wetland or lake and the channel of a (e)Structures must be elevated on fill or structurally dry floodproofed in 7.2 Subdivisions: No land may be subdivided which is unsuitable for watercourse and those portions of the adjoining floodplain which are me- accordance with the FP1 or FP2 floodproofing classifications in the State reasons of flooding or inadequate drainage,water supply or sewage treat- scnably required to carry or store the regional flood discharge. Building Code.All floodproofed structures must be adequately anchored ment facilities. 2.927 Lowest Floor-the lowest floor of the lowest enclosed area(in- to prevent flotation,collapse or lateral movement and designed to equal- 7.21 All lots within the floodplain districts must be able to contain ai CIU ding basement). ize hydrostatic flood forces on exterior walls. building site outside of the Floodway District at or above the regulatory 2.928 Manufactured Home-a structure,transportable In one or mom (1)As an alternative,an accessory structure may be internellyANet flood protection elevation. sections,which is built on a permanent chassis and Is designed for use floodproofed to the FP3 or FP4 floodproofing classifications in the State 7.22 All subdivisions must have road access both to the subdivision and with or without a permanent foundation when attached to the required Building Code,provided the accessory structure constitutes a minimal in- to the individual building sites no lower than two feet below the regulatory utilities.The term"manufactured home"does not include the term'mc- vestment and does not exceed 576 square feet in size.Designs for meet- flood protection elevation,unless a flood warning emergency plan for the reational vehicle." Ing this requirement must either be certified by a registered professional safe evacuation of all vehicles and people during the regional If%chance)I 2.929 New Construction-Structures,including additions and improve- engineer or meet or exceed the following criteria: flood has been approved by the Council.The planmst be prepared by mems,and placement of manufactured homes,for which the start of can- (1)To allow for the equalization of hydrostatic pressure,there must be a registered engineer or other qualified indivitlual,and'must demonstrator struction commenced on or after the effective date of this ordinance. a minimum of two"automatic"openings in the outside walls of the struc- that adequate time and personnel exist to carry out the evacuation. 2.930 Obstruction-any dam,wall,wharf,embankment,levee,dike, tura,with a total net area of not less than one square Inch for every square CONTINUED...' I AFFIDAVIT OF PUBLICATION - STATE OF MINNESOTA )ss COUNTY OF HENNEPIN Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s)known as: SC Edina with the known office of issue being located in the county of: HENNEPIN with additional circulation in the counties of: HENNEPIN and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/27/2016 and the last insertion being on 10/27/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: atw,�� � Designated Agent Subscribed and sworn to or affirmed before me on 10/27/2016 by Charlene Vold. Notary Public ifgv MARLENE M. MITCHELL ,..... Notary Public-Minnesota '. ;" My Commission Expires Jan 31,2020 N AA Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $34.45 per column inch Ad ID 612650 (....CONT.)CITY OF EDINA 10.34 Flood Insurance Notice. The Zoning Administrator must notify ORDINANCE NO.2016114 the applicant for a variance that: 1)The issuance of a variance to con- AN ORDINANCE AMENDING CHAPTER 36struct a structure below the base flood level will result in increased pre- REGARDING FLOODPLAIN REGULATIONS", mium rates for flood insurance up to amounts as high as$25 for$100 of 7.23 For all subdivisions in the floodplain, the Floodway and Flood insurance coverage;and 2)Such construction below the base or regional Fringe District boundaries,the regulatory flood protection elevation'and flood level increases risks to life and property.Such notification must be the required elevation of all access roads must be clearly labeled on all maintained with a record of all variance actions. required subdivision drawings and platting documents. 10.35 General Considerations. The community may consider the fol- 7.24 In the General Floodplain District, applicants must provide the lowing factors in granting variances and imposing conditions on varianc- information required in Section 6.2 of this ordinance to determine the re- es and conditional uses in floodplains: gional flood elevation,the Floodway and Flood Fringe District boundaries (a)The potential danger to life and property due to increased flood and the regulatory flood protection elevation for the subdivision site. heights or velocities caused by encroachments; 7.25 If a subdivision proposal or other proposed new development is (b)The danger that materials may be swept onto other lands or down- in a flood prone area,any such proposal must be reviewed to assure that: stream to the injury of others; (a)All such proposals are consistent with the need to minimize flood (c)The proposed water supply and sanitation systems,if any,and the damage within the flood prone area, ability of these systems to minimize the potential for disease,contamina- (b)All public utilities and facilities,such as sewer,gas,electrical,and tion and unsanitary conditions; water systems are located and constructed to minimize or eliminate flood (d)The susceptibility of any proposed use and its contents to flood damage,and damage and the effect of such damage on the individual owner; (c)Adequate drainage is provided to reduce exposure of flood hazard. (e)The importance of the services to be provided by the proposed use 7.3 Building Sites. If a proposed building site is in a flood prone area, to the community; all new construction(including the placement of manufactured homes) (f)The requirements of the facility for a waterfront location; must be: (g)The availability of viable alternative locations for the proposed use (a)Designed(or modified)and adequately anchored to prevent floata- that are not subject to flooding; tion,collapse,or lateral movement of the structure resulting from hydro- (h)The compatibility of the proposed use with existing development dynamic and hydrostatic loads,including the effects of buoyancy; and development anticipated in the foreseeable future; (b)Constructed with materials and utility equipment resistant to flood (i)The relationship of the proposed use to the Comprehensive Land damage; Use Plan and flood plain management program for the area; (c)Constructed by methods and practices that minimize flood dam- 0)The safety of access to the property in times of flood for ordinary age; and emergency vehicles; (d)Constructed with electrical,heating,ventilation,plumbing,and air (k)The expected heights,velocity,duration,rate of rise and sediment conditioning equipment and other service facilities that are designed and/ transport of the flood waters expectedat the site. or located so as to prevent water from entering or accumulating within the 10.36 Submittal of Hearing Notices to the Department of Natural Re- components during conditions of flooding;and sources(DNR). The Zoning Administrator must submit hearing notices (e)Approved by the City Engineer. for proposed variances to the DNR sufficiently in advance to provide at DIVISION 8.0 PUBLIC UTILITIES,RAILROADS,ROADS,AND BRIDG- least ten days'notice of the hearing.The notice may be sent by electronic ES mail or U.S.Mail to the respective DNR area hydrologist. 8.1 Public Utilities: All public utilities and facilities such as gas,electri- 10.37 Submittal of Final Decisions to the DNR. A copy of all decisions cal,sewer,and water supply systems to be located in the floodplain must granting variances must be forwarded to the DNR within ten days of such be floodproofed in accordance with the State Building Code, industry action.The notice may be sent by electronic mail or U.S.Mail to the re- standards,or elevated to the regulatory flood protection elevation. spective DNR area hydrologist. 8.2 Public Transportation Facilities: Railroad tracks,roads,and bridg- 10.38 Recordkeeping.The Zoning Administrator must maintain a re- es to be located within the floodplain must comply with Sections 4.0 and cord of all variance actions,including justification for their issuance,and 5.0 of this ordinance.These transportation facilities must be elevated to must report such variances in an annual or biennial report to the Admin- the regulatory flood protection elevation where failure or interruption of istrator of the National Flood Insurance Program,when requested by the these facilities would result in danger to the public health or safety or Federal Emergency Management Agency. where such facilities are essential to the orderly functioning of the area. 10.4 Conditional Uses: Minor or auxiliary roads or railroads may be constructed at a lower el- 10.41 Administrative Review. An application for a conditional use per- evation where failure or interruption of transportation services would not mit under the provisions of this ordinance will be processed and reviewed endanger the public health or safety. in accordance with Section(s)36-301 -36-310 of the zoning ordinance/ 8.3 On-site Water Supply and Sewage Treatment Systems: Where code. public utilities are not provided: 1) On-site water supply systems must 10.42 Factors Used in Decision-Making. In passing upon conditional be designed to minimize or eliminate infiltration of flood waters into the use applications,the City Council must consider all relevant factors spec- systems and are subject to the provisions in Minnesota Rules Chapter ified in other sections of this ordinance,and those factors identified in 4725.4350, as amended; and 2) New or replacement on-site sewage Section 10.35 of this ordinance. treatment systems must be designed to minimize or eliminate infiltration 10.43 Conditions Attached to Conditional Use Permits. The City of flood waters into the systems and discharges from the systems into Council may attach such conditions to the granting of conditional use flood waters,they must not be subject to impairment or contamination permits as it deems necessary to fulfill the purposes of this ordinance. during times of flooding,and are subject to the provisions in Minnesota .Such conditions may include,but are not limited to,the following: Rules Chapter 7080.2270,as amended. (a)Modification of waste treatment and water supply facilities. DIVISION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME (b)Limitations on period of use,occupancy,and operation. PARKS,AND RECREATIONAL VEHICLES. (c)Imposition of operational controls,sureties,and deed restrictions. 9.1 Manufactured Homes: New manufactured home parks and expan- (d)Requirements for construction of channel modifications,compen- sions to existing manufactured home parks are prohibited in any flood- satory storage,dikes,levees,and other protective measures. plain district. (e) Floodproofing measures, in accordance with the State Building 9.11 Placement or replacement of manufactured home units is prohib- Code and this ordinance. The applicant must submit a plan or document ited in the Floodway District. certified by a registered professional engineer or architect that the flood- 9.2 Recreational Vehicles: New recreational vehicle parks or camp- proofing measures are consistent with the regulatory flood protection el- grounds and expansions to existing recreational vehicle parks or camp- evation and associated flood factors for the particular area. grounds are prohibited in any floodplain district.Temporary storage of 10.44 Submittal of Hearing Notices to the Department of Natural Re- recreational vehicles in the floodplain must meet the exemption criteria sources(DNR).The Zoning Administrator must submit hearing notices for below. proposed conditional uses to the DNR sufficiently in advance to provide 9.21 Criteria for exempt recreational vehicles at least ten days'notice of the hearing.The notice may be sent by elec- (a)The vehicle must have a current license required for highway use, tronic mail or U.S.Mail to the respective DNR area hydrologist. (b)The vehicle must be highway ready,meaning on wheels or the in- 10.45 Submittal of Final Decisions to the DNR.A copy of all decisions ternal jacking system,attached to the site only by quick disconnect type granting conditional uses must be forwarded to the DNR within ten days utilities. of such action.The notice may be sent by electronic mail or U.S.Mail to DIVISION 10.0 ADMINISTRATION the respective DNR area hydrologist. 10.1 Zoning.Administrator: A Zoning Administrator or other official DIVISION 11.0 NONCONFORMITIES designated by the City of Edina must administer and enforce this ordi- 11.1 Continuance of Nonconformities:A use,structure,or occupancy nance. of land which was lawful before the passage or amendment of this ordi- 10.2 Permit Requirements: nance but which is not in conformity with the provisions of this ordinance 10.21 Permit Required. A permit must be obtained from the Zoning may be continued subject to the following conditions.Historic structures, Administrator prior to conducting the following activities: as defined in Section 2.941(b)of this ordinance,are subject to the provi- (a)The erection,addition, modification,rehabilitation,or alteration.of sions of Sections 11.11-11.15 of this ordinance. any building,structure,or portion thereof. Normal maintenance and re- 11.11 A nonconforming use,structure,or occupancy must not be ex- pair also requires a permit if such work,separately or in conjunction with panded,changed,enlarged,or altered in a way that increases its flood other planned work,constitutes a substantial improvement as defined in damage potential or degree of obstruction to flood flows except as pro- this ordinance. vided in 11.12 below. Expansion or enlargement of uses,structures or (b)The use or change of use of a building,structure,or land. occupancies within the Floodway District is prohibited. (c)The construction of a dam,fence,or on-'site septic system. 11.12 Any addition or structural alteration to a nonconforming struc- (d)The change or extension of a nonconforming use. ture or nonconforming use that would result in increasing its flood dam- (e)The repair of a structure that has been damaged by flood,fire,tor- age potential must be protected to the regulatory flood protection el- ­4� Mhcr avntion in arcnrdAnrP with nnv of tha alavation on fill or flnndnrnofino 36-129. this ordinance,to a nonconforming strLcture requires thaf'thLa'existing 10.23 Certificate of Zoning Compliance for New,Altered, or)don- structure and any additions must meet the requirements of Section 4.0 conforming Use. No building,land or.sfructure;may be4#ocupred or used or 5.0 of this ordinance:for,new structures,_depending upon`.whether.the in any manner until,a' 'certificate of zoninng.compliance has--een issued structure is in the Flopd tP,or Flood Fringe District. by the Zoning Adrginistratorstating that�the use the building or fend DIVJSION 12 0 PEi A++?,JES AND ENFORCEMENT conforms to the requirements of this ordinance 121 Violation Constitutes a Misdemeanor Violafion of the provisions 10.24 Certification. The applicant is rgquifed#osub;rr d ilification by of this ordinance or failure to comply,with any of its requirements(in- cea registered professional eng)nedr registered architect, r qis 46',land eluding violations of cond&nsand safeguards established in connection surveyor that the finished fill and building elevatio asrw with graril of vanances or.conditional,uses)const itute:a misdemeanor in compliance with the provisions of this ordinance FJoA a ng ,ea an Will be punishabe as defined bylaw. _. sures must be certified by a registered professional engin regi red _1122,Other'Lawful dtion Nothing in this ordinance restricts the City architect f~til��. {:;, of Edina from taking such ottrer lawful action as is necessary to prevent 10.25 Record of First Floor Elevation: The Zonin4aAdAiAl irator4hust or remedy any:,viojail" If the responsible party does not appropriately maintain a record of the elevation of the lowestfloor(rcludi, �17a ement) respond to tieiZonipgAdRlrrars}gator within the specified period of time, of all'new structures:and alterations oradditions td e1"i"t1ei pictures in eac.a(dditronalcc ay lnattapaes will constitute an additional violation of the floodplain.The.Zoning Admirnstr t est also rnaintarri 9,46c of tl j ar�inatice,a, Hiifibeprosecuted accordingly the elevation'to which'structures and aitle'al' rlsoradditions tos uctur 1�51 nforrerd Violations of the proaisibns of thi9 ordinance will be are floodproofed., - . 1 # i , s$ga d aril iesolved�in accordance with the provisions ofSection(s) I v • „ 10.26 Notifications for Watercourse Alterations.-.Beforeauthorizing 36-369 through 36-37.1 of the zoning ordiriance/code'In res,ponding to a any alteration or relocation of a river or stream,the Zori ft.Administra suspected ordinance violation,the Zoning Administrator and Couficil may for must notify adjacent communities.if the applicant has applied'fora ut7ze the full array of enforcement actions available to it including but not perrnit to work in public waters pursuant to Minnesota Statutes,Section limited to prosecution and fines,injunctions,after-,the-,,fact permits,orders 103G.245 this will suffice as adequate notice.A copy,of the notification for corrective mf fleasures;or a request to the National Flood Insurance,Pro- must also be submitted to the Chicago Regional Office of the Federal gram for denial 000d insurance availability to the guilty,party.The City Emergency Management Agency(FEMA). of Edina rrrustact in good faith to enforce these official controls and to 10.27 Notification to FEMA When Physical:Changes,Increase or De- coriect ordinanc,e violations to the extent possible so as not to jeopardize crease Base Flood Elevations:: As soon as is,practicable,but notlater its eligibility in the National Flood Insurance Program: than'six months after the'date such supportinginformation"becomes DIVISION 13.0 AMENDMENTS available,the Zoning'Administrator must notify the Chicago Regional Of- 13.1 Floodplain Designation-Restrictions on Removal:The floodplain fico of FEMA of the changes by submitting a copy of therelevant techni- designation on the Official Zoning Map must-trot be removed from flood- cal or scientific data. :' plain areas unless it can be shown that the designation is in error or that 10.3 Variances:'' the area has been filled to or above the elevationof the regulatory flood 10.31 Variance APplications_.An application:for a varianceto the pro- protection;elevation and is contiguous to lands outside the floodplain. visions of this ordinance will be;processed and reviewed in:aecordance Special.exceptions to this rule may be permitted by the Commissioner of with applicable state statutes.and Sections 36-95 through 36-104 of the the'Department of Natural Resources(DNR)if the Commissioner deter zoning ordinance/code. mines that,through other measures,lands are adequately protected for 10.32 Adherence to State Floodplain Management Standards. i A the intended use. variance must not allow a use that is not allowed in that district,permit 13.2 Amendments Require DNR Approval:All amendments to this or- a lower degree of.flood protection than the regulatory flood tprotection dinance,must"be submitted to and approved by the Commissioner of.the elevation-for the particular,area; or peri it standards law dr,than-those Department of Natural Resources,(DNR)prior to adoption.The Commis- required by state law. sioner must approve the amendment prior to community approval. 10.33 Additional Variance Criteria.The following additional'variance 13.3 Map Revisions Require Ordinance Amendments.The floodplain criteria oftheFederal Emergency Management Agency must besatisfied: district regulations"must.be amended to incorporate any revisions by the (a Variances must not be issued by acornmunity withinany designated Federal Emergency Management Agency to the floodplain maps adopted regulatory floodway if any increase in flood levels during the base flood in Section 2.3 of this ordinance. discharge would results EFFECTIVE DATE: This ordinance shall be in full force and effect from (b)Variances may,only be issued by community.upoh;(i)a showing arid'after its passageand approval and'p_ublication,as"required bylaw of good and sufficient cause,(U)a determination that farlrire'to'grant the and/or charter, - variance would result in exceptional hardship acs theappliean# and` (ii)a First Reading:October 18,2016 determination that fhe'granting of q variance will not result in increased Second Reading:Waived flood heights,additional threats to public safety,extraordlr aty public ex- Attest pense,create nuisances,cause fraud on or victimization of the public,or Debra A.Mangen,City Clerk conflict with existing local laws or ordinances. James B.Hovland,Mayor (c)Variances may only be issued upon a deterniinafionthat the vari- Published in the ance is the minimum necessary.,considering the4lood hazard,to afford Edina Sun Current relief. October 27;2016 612601&612650