HomeMy WebLinkAbout1993-03 Supplement Old Pages r �
MEMORANDUM
TO: EDINA CITY CODE BOOK USERS
FROM: MARCELIA DAEHN, CITY CLERK
SUBJECT: CODE UPDATE
DATE: MARCH 19, 1993
Enclosed is the following update for your Edina City Code book pursuant to an
ordinance adopted by the City Council since the last update of 2/19/93:
SECTION 850 - replace pages 850-109 thru 850-137 with enclosed
replacement pages 850-109 thru 850-138
(Ord. 1993-3 codified - Amending Subsection 850.19 - Automobile
Parking District)
City of Edina Land Use, Platting and Zoning 850.20
850.19 Automobile Parking District (APD)
Subd. 1 Principal Uses.
A. Parking lots.
B. Parking ramps and garages.
C. Drive-through banking facilities.
Subd. 2 Requirements for Setbacks.
A. Parking Lots.
Interior
Front Side Side Rear
Street Street Yard Yard
20' 20' 10' 10'
B. Parking Ramps, Garages and Other Structures.
Interior
Front Side Side Rear
Street Street Yard Yard
35'* 35'* 20'* 20'*
* or the building height if greater.
Subd. 3 Special Requirements. In addition to the general requirements described
in Subsection 850.07, the following special requirements shall apply.
A. No parking ramp, garage or other structure, or any part thereof, shall be
located within 50 feet of the nearest lot line of any property in a residential
district used for residential purposes.
B. The front street or side street setback for parking ramps and garages, and
other structures, shall be increased to 50 feet when the ramp, garage or
structure is located across the street from a property in an R-1 District used
for residential purposes.
850.20 Heritage Preservation Overlay District (HPD)
Subd. 1 Purpose. The Council believes that the preservation of the buildings,
850 - 109
City of Edina Land Use, Platting and Zoning 850.20
lands, areas and districts which possess historical or architectural significance will
promote the educational, cultural and general welfare of the residents of the City,
and, therefore, establishes the zoning classification to be known as the Heritage
Preservation Overlay District.
Subd. 2 Uses, Site Requirements. The transfer of land to the Heritage
Preservation Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter applicable to,
the land under any other zoning classification in which the land is then or thereafter
located, all of which shall continue to apply; but the additional restrictions of the
Heritage Preservation Overlay District shall also apply to land once transferred to
the Heritage Preservation Overlay District.
i
Subd. 3 Procedure for Establishing Heritage Preservation Overlay District Zoning.
The transfer of land to the Heritage Preservation Overlay District shall be
accomplished pursuant to Subsection 850.04, Subd. 2, Paragraphs A. and E.
However, the Commission shall not review the petition and the Council shall not act
on the petition until it has received the report and recommendation of the Heritage
Preservation Board pursuant to Section 800 of this Code. In transferring any land
to the Heritage Preservation Overlay District, the interior appearance of any
buildings then located on it shall also be deemed subject to the permit requirements
of this Subsection 850.20, unless in making the transfer of any specific parcel of
land into the Heritage Preservation Overlay District, the amendment making such
transfer specifically states that the interior of any one or more buildings, specifying
the same, is not subject to the permit requirements of this Subsection.
i
Subd. 4 Filing of Transfer. After the transfer of any property to the Heritage
Preservation Overlay District, the Clerk shall file a certified copy of the amendment
to this Section 850 making such transfer with the office of the Register of Deeds or
the Registrar of Titles, whichever office is appropriate; but failure to file shall not
affect the validity of the transfer or the application of the provisions of this
Subsection 850.20 to the property.
Subd. 5 Permit Required for Certain Work. A permit shall be required before any
of the following work is done on or to any land within a Heritage Preservation
Overlay District or in, on or to any improvements on it.
A. Any remodeling, repairing or altering that will change in any manner the
exterior appearance, or the interior appearance, of a building, unless the
interior of the building is not subject to the permit requirements of this
Subsection 850.20 as set out in the amendment transferring the land on
which the building is situated to the Heritage Preservation Overlay District.
B. Moving a building.
850 - 110
City of Edina Land Use, Platting and Zoning 850.20
C. Destroying a building in whole or in part.
D. Changing the nature or appearance of the land.
E. Constructing a new building or any other structure or improvement.
Any work for which a permit is granted pursuant to this Subsection shall be subject
to all other requirements,including other permits required, for the work under other
provisions of this Code.
Subd. 6 Procedure for Obtaining Permit.
A. Application with Building Official. A permit applicant shall be the owner
or owners of the land or building upon which or to which the work is to be
done. The permit applicant shall make application for the permit required
by Subd. 5 of this Subsection 850.20 with the Building Official on forms
provided by the Building Official. The application shall be accompanied by
the fee set forth in Section 185 of this Code and shall contain at least the
following information:
1. Description and address of the property;
2. Names of the owner or owners;
3. Plans for the work to be done under the permit, showing the same
in such reasonable detail as the Building Official shall require; and
4. If remodeling, repairing or altering is to be done, renderings or
pictures, showing the condition of the building or buildings after
completion of the proposed work.
B. Submission to and Recommendations of Planner and Heritage
Preservation Board. The Building Official shall submit the application, with
all required information, to the Planner. The Planner shall make a report
and recommendation on the application to the Heritage Preservation Board,
and the Heritage Preservation Board, after making its findings pursuant to
Section 800 of this Code, shall make its recommendation to the Planner to
approve or disapprove the issuance of the permit. The Planner shall not
authorize issuance of any permit which the Heritage Preservation Board has
disapproved.
C. Issuance of Permit. The Building Official shall issue the permit only upon
receipt of the approval of the Planner authorizing issuance of the permit.
D. Appeal by Applicant. If the Planner disapproves the issuance of the
850 - 111
City of Edina Land Use, Platting and Zoning 850.20
permit, the applicant may appeal to the Board, pursuant to the provisions of
Subsection 850.04, Subd. 1 relating to appeals of administrative decisions.
i
E. Hearing and Order by Board. The procedure for hearings and orders by
the Board on appeals made pursuant to this Subsection 850.20 shall be the II',
same as for other appeals of administrative decisions made under and
pursuant to 850.04, Subd. 1, except that notice of the hearing shall be given
in the same manner as a request for a variance, and shall also be given to the
Heritage Preservation Board. The decision of the Board may be appealed to
the Council pursuant to the provisions of Subsection 850.04, Subd. 1.
F. Hearing and Decision by Council. The procedure for hearings and
decisions by the Council for appeals made pursuant to this Subsection 850.20
shall be the same as set out in Subsection 850.04, Subd. 1, except that notice
of the hearing shall be given in the same manner as a request for a variance,
and shall also be given to the Heritage Preservation Board.
Subd. 7 Maintenance of Historic Buildings and Structures. Every owner or person
in possession of a building situated on land in the Heritage Preservation Overlay
District shall keep in good repair all of the exterior portions of the building and all
its interior portions unless Subd. 3 of this Subsection 850.20 specifically states that
the interior of that building is not subject to the permit requirements of this
Subsection 850.20. However, the interior portions shall be maintained even if not
otherwise required by this Subsection where failure to maintain may cause or tend
to cause the exterior portions of the building to fall into a state of disrepair.
Subd. 8 Order to Repair, Remedies for Violation.
A. Inspection. Whenever it comes to the attention of the Building Official,
by written complaint of any person or agency, or otherwise, that a building
violates Subd. 7 of this Subsection 850.20' the Building Official, shall cause
a preliminary examination to be made of the building and premises. If it
then appears that the building violates Subd. 7 of this Subsection 850.20, the
Building Official shall cause a detailed inspection of the building to be made.
Upon completion of the inspection, if it appears that the building violates
Subd. 7 of this Subsection, the Building Official shall issue a written order j
to its owner or occupant requiring repair.
I
B. Appeals. Any person who deems to be aggrieved by the order may appeal
the order to the Council by filing a written appeal with the Clerk within 30
days after the order's date. The appeal shall fully state the order appealed
from the order's date and the facts of the matter. When the appeal has been
filed, the Building Official shall make a written report and submit it to the
Council. If no appeal is filed within the 30-day period, the order shall be
final.
850 - 112
City of Edina Land Use, Platting and Zoning 850.20
C. Council to Call Hearing. The Council shall examine the report of the
Building Official, and if there is probable cause to believe that the building
violates Subd. 7 of this Subsection 850.20, shall have the matter set for
hearing.
D. Notice of Hearing. Notice of hearing shall be given in a form prescribed
by the Council. The form shall:
1. Set forth the street address and legal description sufficient for
identification of the premises upon which the building is located;
2. Contain a brief statement of the conditions mentioned in the
report of the Building Official which show probable cause to believe
that the building violates Subd. 7 of this Subsection 850.20;
3. State the date, hour and place of the hearing; and
4. Order all interested parties who desire to be heard in the matter
to appear before the Council to show cause why the building should
not be ordered repaired.
E. Hearing. The Council, at the hearing, shall hear and consider any
evidence offered by any person who is to be heard. The Council, at the end
of the hearing, at the same meeting or at a specified future meeting, shall
make its decision, giving its reasons, as to whether or not the building in
question violates Subd. 7 of this Subsection 850.20.
F. Order to Repair. If the Council determines that the building involved
violates Subd. 7 of this Subsection 850.20, it shall issue an order that the
building or structure be repaired. The order shall set forth the street address
of the building and a legal description of the premises sufficient for
identification. It shall contain a statement of the particulars which render
the building in violation of Subd. 7 of this Subsection, and a statement of
the work required to be done. The order shall state a reasonable time within
which the work required must be begun, and shall further specify a
reasonable time within which the work shall be completed. The time for
completion may, by Council resolution, be extended for just causes upon
written application of any interested party.
G. Penalty for Disregarding the Order. If Council's order is not followed
within the time provided in the order, as extended, the City may make the
necessary repairs through its agents, employees or contractors. The City
shall have a lien against the property as of the date of filing a certified copy
of the Council order or other evidence, in the county office necessary to give
constructive notice of the lien. The lien shall be for all reasonable expenses
850 - 113
City of Edina Land Use, Platting and Zoning 850.21
incurred in making the repairs, including administrative expenses and
attorneys' fees, and including interest on all expenses and fees from the
dates incurred until paid at the same rate of interest as is payable on unpaid
fees and expenses due the City pursuant to Subsection 850.04, Subd. 6. In
addition, noncompliance shall be a violation of this Section, and the
provisions of Subsection 850.04, Subd. 9 shall apply.
850.21 Floodplain Overlay District (FD).
Subd. 1 Statutory Authorization, Findings of Fact and Purpose.
A. 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. Therefore, the Council does adopt this Subsection
850.21.
B. Findings of Fact. In addition to the findings set forth in Subsection
850.01 of this Code, it is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic
inundation which results in potential loss of life, loss of property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
2. This Subsection 850.21 is based upon a reasonable method of
analyzing flood hazards which is consistent with the standards
established by the Minnesota Department of Natural Resources.
3. Lands within floodplains, as hereafter defined, in the City, in their
natural state, are a valuable land resource.
4. Development within any such floodplain must be regulated on the
basis of, and with full consideration of, the impact on the whole of
that floodplain and on the watercourses and water bodies of that j
floodplain.
5. Such lands are or may be subject to loss or impairment of value
and physical degradation through uncoordinated and unplanned
development.
. Such lands are necessary and desirable to avoid rapid runoff of
6 ry P
surface waters, to prevent polluting materials from being carried
850 - 114
City of Edina Land Use, Platting and Zoning 850.21
directly into the watercourse or water body, to preserve adequate
ground water infiltration, to protect surface and ground water
supplies, and to minimize the possibility of periodic flooding.
C. Statement of Purpose. It is the purpose of this Subsection 850.21 to
guide and regulate the orderly development of such lands to ensure
maintenance and preservation, in their natural state, of needed and desirable
natural water storage areas, and watercourses and water bodies and their
shorelines and adjacent vegetation and topography and to minimize the
possibility of, and pollution and losses resulting from, runoff and flooding,
all thereby to promote and protect the public health, safety and general
welfare.
Subd. 2 Definitions. The words and phrases used in this Subsection 850.21 shall
be subject to the rules of construction and definitions in Subsection 850.03 and, to
the extent defined below, shall have the following meanings for purposes of this
Subsection:
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor
or base below ground level on all four sides, regardless of the depth of
excavation below ground level. This definition shall apply only to this
Floodplain Overlay District Subsection and, for purposes of this Subsection,
this definition shall control over the definition in Subsection 850.03.
Channel. A natural or artificial depression of perceptible extent,with definite
beds and banks to confine and conduct, either continuously or periodically,
the waters in the respective creeks of Nine Mile Creek and Minnehaha Creek.
Commissioner. The Commissioner of Natural Resources of the State of
Minnesota.
Conditional Use. As defined in Subsection 850.03.
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.
Flood or Flooding. 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.
Flood Frequency. The frequency for which it is expected that a specific flood
stage or discharge may be equalled or exceeded.
850 - 115
City of Edina Land Use, Platting and Zoning 850.21
Flood Fringe. That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood
Insurance Study prepared for the City by the Federal Insurance
Administration dated November, 1979.
Floodplain_ The beds proper-of, and the areas adjoining, a wetland, lake or
watercourse which have been or hereafter may be covered by the regional
flood. The floodplain includes the floodway and the flood fringe.
Floodplain District or Floodplain Overlay District. A zoning district, the
boundaries of which coincide with the boundaries of the floodplain. The
floodplain district includes the floodway and the flood fringe.
Floodplain Districts. The Floodplain District, the Floodway District, and the
Flood Fringe District.
Flood-proofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
Floodway. The 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.
Map. The Official Flood Plain Zoning Map herein described.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification, culvert, building,
wire, fence, stockpile, refuse, fill, structure, material, equipment, or matter
in, along, across, or projecting into any channel, watercourse, or floodplain
which may impede, retard, or change the direction of the flow of water,
either by itself or by catching or collecting debris carried by such water.
Principal Use or Structure. All uses or structures that are not accessory uses
or structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of
a stream or river influenced by a natural or man-made obstruction. In an
urban area, the segment of a stream or river between two consecutive bridge
crossings would most typically constitute a reach.
Regional Flood. A flood which is representative of large floods known to
have occurred generally in Minnesota and reasonably characteristic of what
can be expected to occur on an average frequency in the magnitude of the
100-year recurrence interval. Regional flood is synonymous with the term
850 - 116
City of Edina Land Use, Platting and Zoning 850.21
"base flood" used in the Flood Insurance Study prepared for the City by the
Federal Insurance Administration dated November, 1979.
Regulatory Flood Protection Elevation. An elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood elevation
caused by encroachments on the floodplain; the elevation to which uses
regulated by this Subsection 850.21 are required to be elevated or
floodproofed.
Structure. As defined in Subsection 850.03.
Variance. A modification of a specific permitted development standard
required by an applicable section of this Code, including this Subsection
850.21, to allow an alternative development standard not stated as
acceptable in the applicable section of this Code, but only as applied to a
particular property for the purpose of alleviating an undue hardship, as
defined and elaborated upon in Subsection 850.04.
Subd. 3 General Provisions.
A. Lands to Which Subsection Applies. This Subsection 850.21 shall apply
to all lands within the jurisdiction of the City shown on the Official
Floodplain Zoning Map (hereinafter described) and the attachments thereto
as being located within the boundaries of the Floodway or Flood Fringe
Districts.
B. Establishment of Official Floodplain Zoning Map. The Map, a composite
copy of which, reduced in size, is appended to this Code, and with all
explanatory information thereon,is hereby adopted by reference and declared
to be a part of this Code and is hereby designated as the Official Floodplain
Zoning Map. The Map is based upon (i) the Nine Mile Creek Watershed
District Plan and Management Profile, (ii) the Flood Insurance Study dated
November 1979 prepared for the City by the Federal Insurance
Administration, (iii) the Flood Insurance Study dated March 16, 1981
prepared for the City of Bloomington by the Federal Insurance
Administration, (iv) the Flood Boundary and Floodway Maps dated May 1,
1980 prepared for the City by the Federal Insurance Administration, (v) the
Flood Boundary and Floodway Maps dated September 16, 1981 prepared for
the City of Bloomington by the Federal Insurance Administration, (vi) the
Flood Insurance Rate Maps dated May 1, 1980, prepared for the City by the
Federal Insurance Administration, and (vii) the Flood Insurance Rate Maps
dated September 16, 1981, prepared for the City of Bloomington by the
Federal Insurance Administration. The Map, and all of the above referenced
profiles, studies and maps are on file in the office of the Planner.
850 - 117
City of Edina Land Use, Platting and Zoning 850.21
C. Interpretation.
1. Minimum Requirements. In their interpretation and application,
the provisions of this Subsection 850.21 shall be held to be minimum
requirements and shall be liberally construed in favor of the City and
shall not be deemed a limitation or repeal of any other powers
granted or created by applicable ordinances or State Law.
2. Determining Boundaries. The boundaries of the floodplain districts
shall be determined by scaling distances on the Map. Where
interpretation is needed as to the exact location of the boundaries of
any district as shown on the Map, as for example where there appears
to be a conflict between a mapped boundary and actual field
conditions, and there is a formal appeal of the decision of the Planner,
the Board shall make the necessary interpretation based on elevations
on the regional flood profile and other available technical data.
Persons contesting the location of the district boundaries shall be
given a reasonable opportunity to present their case to the Board and
to submit technical evidence.
3. Abrogation and Greater Restrictions. It is not intended by this
Subsection 850.21 to repeal, abrogate, or impair any existing
easements, covenants, or deed restrictions. However, where this
Subsection imposes greater restrictions, the provisions of this
Subsection shall prevail.
D. Warning and Disclaimer of Liability. This Subsection 850.21 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 Subsection
shall not create liability on the part of the City or any officer, official, or
employee thereof for any flood damages that result from reliance on this
Subsection or any City action taken or administrative, Board, Commission,
or Council decision lawfully made hereunder.
I
E. Other Zoning Districts and Provisions. The inclusion of land within the
Floodplain Overlay District shall not change or affect, in any way, the uses
allowed on, and the restrictions and requirements then or thereafter
applicable to, the land under any other zoning classification in which the
land is then or thereafter located, all of which shall continue to apply, but
the additional restrictions of the Floodplain Overlay District shall also apply
to such land. Where the provisions in this Subsection 850.21 are
inconsistent with or contradictory to the provisions in any other section of
this Code, then the most stringent provisions shall apply and be complied
with.
850 - 118
City of Edina Land Use, Platting and Zoning 850.21
Subd. 4 Establishment of Zoning Districts.
A. Districts.
1. Floodplain District (FD). The Floodplain District includes those
areas designated as floodway and flood fringe on the Map.
2. Floodway District (FW). The Floodway District includes those
areas designated as floodway on the Map.
3. Flood Fringe District (FF). The Flood Fringe District includes
those areas designated as flood fringe on the Map.
B. Compliance. No structure wholly or partially within the Floodplain
District shall be hereafter located, extended, converted, or structurally
altered, and no use of any land wholly or partially within the Floodplain
District shall hereafter be changed without full compliance with the terms of
this Subsection 850.21, and other applicable regulations which apply to
structures or uses within the jurisdiction of this Code. Within the Floodway
and Flood Fringe Districts, all uses not listed as permitted uses or conditional
uses in Subd. 5 and Subd. 6 of this Subsection 850.21, respectively, shall be
prohibited. Without limiting the generality of the foregoing, land use shall
be deemed to have changed when any utilities are installed in, or any road
or structure is placed on, the land. In addition, the following provisions shall
apply:
1. New manufactured homes and replacement manufactured homes
are subject to the general provisions of this Section 850 and
specifically Subd. 9 of this Subsection 850.21.
2. A building, structure or use which does not comply with the
requirements of this Subsection 850.21 shall be non-conforming, and
shall be subject to the restrictions and regulations applicable to other
non-conforming uses and non-conforming buildings, whichever is
applicable, as set out in Subsection 850.07.
3. As-built elevations for elevated or floodproofed structures must be
certified by ground surveys, and floodproofing techniques must be
designed and certified by a registered professional engineer, architect
or land surveyor as stated in paragraph H. of Subd. 10 of this
Subsection 850.21.
4. Mobile homes and mobile home parks, and travel trailers and
travel vehicles, are prohibited in the Floodplain District.
850 - 119
City of Edina Land Use, Platting and Zoning 850.21
5. Garbage or waste disposal sites or systems are prohibited in the
Floodplain District.
6. Storage or processing of materials or equipment that are, in time
of flooding, flammable, explosive or potentially injurious to human,
animal or plant life is prohibited in the Floodplain District.
Subd. 5 Floodway District (FW).
i�
A. Permitted Uses. The following uses are permitted in the Floodway
District if they comply with the standards set out in paragraph B. of this
Subd. 5.
1. Horticulture, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas and parking areas.
3. Private and public golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, swimming areas, parks, wildlife and
nature preserves, fish hatcheries, fishing areas, and single or multiple
purpose recreational trails.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Section 850.
2. The use shall not obstruct flood flows or increase flood elevations,
and shall not involve structures, fill, obstructions, excavations or
storage of materials or equipment.
I
3. The use shall not involve or employ any structures located in the
floodway.
4. The use shall have received all required approvals from all other
governmental bodies having jurisdiction.
C. Conditional Uses. The following uses are conditional uses in the
Floodway District and shall be allowed only if they comply with the
standards set out in paragraph D. of this Subd. 5 and then only pursuant to
the issuance of a conditional use permit:
1. Extraction and storage of fill, dredge spoil, sand, gravel, and other
similar materials.
I
850 - 120
City of Edina Land Use, Platting and Zoning 850.21
2. Railroads, streets, bridges, utility transmission lines, and pipelines.
3. Placement of fill.
4. Structural works for flood control such as levees, dikes and
floodwalls constructed to any height where the intent is to protect
individual structures, and levees or dikes where the intent is to protect
agricultural crops from a frequency flood event equal to or less than
the 10-year frequency flood event.
D. Standards for Floodway District Conditional Uses.
1. No fill (including fill for roads and levees), deposit, obstruction, or
other uses, shall be allowed as a conditional use if such use will cause
any increase in the stage of the regional flood or cause an increase in
flood damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures
and standards contained in Subd. 10 of this Subsection 850.21.
3. The conditional use shall be a permitted use or a conditional use
in the underlying zoning district established by this Section 850.
4. Fill, sand and gravel:
a. fill, dredge spoil and all other similar materials deposited or
stored in the floodway shall be protected from erosion by
vegetative cover, mulching, riprap or other methods acceptable
to the Planner.
b. dredge spoil sites and extraction and storage of sand, gravel
and other materials shall not be allowed in the floodway unless
a long-term site development plan is submitted to and approved
by the Planner which includes an erosion/ sedimentation
prevention element to the plan. Compliance with such approved
plan shall be a condition to any conditional use permit issued.
S. The use shall not involve or employ any structures located in the
floodway.
6. The storage or processing of materials and equipment in the
floodway is prohibited.
7. Structural works for flood control that will change the course,
current or cross-section of protected wetlands or public waters shall
850 - 121
City of Edina Land Use Platting and Zoning 850.21
III
be subject to the provisions of M.S. 103.
8. Structural works intended to remove areas from the floodplain
shall not be allowed in the floodway.
9. A levee, dike or floodwall constructed in the floodway shall not
cause an increase to the regional flood, and any technical analysis
submitted to the City to evidence lack of such an increase must
assume equal conveyance or storage loss on both sides of a stream.
10. No conditional use shall be allowed unless such use has received
all required approvals from all other governmental bodies having
jurisdiction.
Subd. 6 Flood Fringe District (FF).
A. Permitted Uses. Permitted uses shall be those uses of land or structures
listed as permitted uses in the underlying zoning districts established by this
Section 850. All permitted uses shall comply with the standards in
paragraphs B. and E. of this Subd. 6.
B. Standards for Flood Fringe District Permitted Uses.
1. All structures, including accessory structures, must be elevated on
fill so that the lowest floor including the basement floor is at or above
the regulatory flood protection elevation. The finished fill elevation
for structures shall be no lower than one foot below the regulatory
flood protection elevation and the fill shall extend at such elevation
at least 15 feet beyond the outside limits of the structure erected
thereon.
2. As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square
feet for the outside dimension at ground level may be internally
floodproofed to the FP-3 or FP-4 flood proofing classification in the
Building Code then being enforced in the City.
3. The cumulative placement of fill which results, at any one time, in
excess of 1,000 cubic yards of fill being located on the parcel shall be
allowable only as a conditional use, unless said fill is specifically
intended to elevate a structure in accordance with paragraph 1. of this
Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill
to the regulatory flood protection elevation.
850 - 122
City of Edina Land Use, Platting and Zoning 850.21
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses. Any structure that is not elevated on fill or
floodproofed in accordance with subparagraphs B.1. or B.2. of this Subd. 6,
or any use of land that does not comply with the standards in subparagraphs
B.3. or B.4. of this Subd. 6, shall only be allowable as a conditional use. All
flood fringe conditional uses shall be subject to the procedures and standards
contained in paragraphs D. and E. of this Subd. 6, and in paragraph H. of
Subd. 10 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Methods other than the use of fill may be used to elevate a
structure's lowest floor above the regulatory flood protection
elevation. These alternative methods may include the use of such
things as stilts, pilings and parallel walls, or above-grade, enclosed
areas such as crawl spaces or tuck-under garages. The base or floor
of an enclosed area shall be considered above-grade and not a
structure's basement or lowest floor if: (i) the enclosed area is
above-grade on at least one side of the structure; (ii) it is designed to
internally flood and is constructed with flood resistant materials; and
(iii) it is used solely for parking of vehicles, building access or storage.
The above-noted alternative elevation methods are subject to the
following additional standards:
a. Design and Certification. The structure's design and as-built
condition must be certified by a registered professional engineer
or architect as being in compliance with the general design
standards of the Building Code, and specifically, that all
electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities are at or above the
regulatory flood protection elevation or that the structure is
designed and has been constructed so as to prevent flood water
from entering or accumulating within the structure during times
of flooding.
b. Specific Standards for Above-grade, Enclosed Areas. Above -
grade, fully enclosed areas such as crawl spaces or tuck-under
garages must be designed to internally flood and the design
plans must stipulate:
(i) the minimum area of openings in the walls where
internal flooding is to be used as a flood proofing
technique. When openings are placed in a structure's
walls to provide for entry of flood waters to equalize
850 - 123
i
City of Edina Land Use, Platting and Zoning 850.21
pressures, the bottom of all openings shall be no higher
than one-foot above grade. Openings may be equipped
with screens, louvers, valves, or other coverings or
devices, provided that they permit the automatic entry
and exit of flood waters.
(ii) that the enclosed area will be designed of flood
resistant materials in accordance with the FP-3 or FP-4
classifications in the Building Code, and shall be used
solely for building access, parking of vehicles or storage.
2. Basements shall be subject to the following:
a. residential basement construction shall not be 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 by being floodproofed in accordance with
subparagraph 3. of paragraph D. of this Subd. 6.
3. All areas of non-residential structures, including basements, to be
placed below the regulatory flood protection elevation shall be
floodproofed in accordance with the structurally dry floodproofing
' din Code. Structurally flood proofing
classifications in the Buil P g
Building Y �'
must meet the FP-1 or FP-2 floodproofing classification in the Building
Code, which shall require making the structure watertight with the
walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effects of buoyancy. Structures
floodproofed only to the FP-3 or FP-4 classification in the Building
Code shall not be permitted.
When at an one time more than 1 000 cubic yards of fill or other
4. Wh y �
similar material is located on a parcel for such activities as on-site
storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal or construction of flood control works, an
erosion/sedimentation control plan must be submitted to and
approved by the Planner. The plan must clearly specify methods to
be used to stabilize the fill on site for a flood event of at least the
regional flood event. The plan must be prepared and certified by a
registered professional engineer or other qualified individual
acceptable to the Planner. The plan may incorporate alternative
procedures for removal of the material from the floodplain if adequate
flood warning time exists. Complianceliance with such approved plan shall
850 - 124
City of Edina Land Use, Platting and Zoning 850.21
be a condition to any conditional use permit issued.
5. 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. storage of other materials or equipment may be allowed if
readily removable from the area within the time available after
a flood warning and in accordance with a plan approved by the
Planner.
6. The provisions of paragraph E. of this Subd. 6 shall also apply.
E. Standards Applicable to All Flood Fringe District Uses:
1. All principal structures constructed, erected or placed in the flood
fringe after the effective date of this Section must have vehicular
access at or above an elevation not more than two feet below the
regulatory flood protection elevation. If a variance to this
requirement is granted, the Board must specify limitations on the
period of use or occupancy of the structure during times of flooding
and only after determining that adequate flood warning time and local
flood emergency response procedures exist.
2. Accessory commercial uses of land, such as yards, railroad tracks,
and parking lots, may be at elevations lower than the regulatory flood
protection elevation. However, a permit allowing such facilities to be
used by employees or the general public shall not be granted unless
there is a flood warning system that will provide adequate time for
evacuation if the area is about to be inundated to a depth greater
than two feet or to be subject to flood velocities greater than four feet
per second.
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations, especially along
streams having protracted flood durations. Accessory land uses such
as yards and parking lots may be at lower elevations than the
regulatory flood protection elevation, subject to requirements set out
in subparagraph 2. of paragraph E. of this Subd. 6.
4. Fill allowed by this ordinance shall be properly compacted and the
slopes shall be properly protected by the use of riprap, vegetative
cover or other method acceptable to the Planner.
850 - 125
City of Edina Land Use, Platting and Zoning 850.21
5. Floodplain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Map.
6. All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation, collapse
and lateral movement. Methods of anchoring may include, but are
not limited to, use of over-the-top or frame ties to ground anchors.
This requirement is in addition to applicable State or City anchoring
requirements for resisting wind forces.
7. No use shall be allowed as a permitted or conditional use unless
such use has received all required approvals from all other
governmental bodies having jurisdiction.
Subd. 7 Subdivisions. No land shall be platted or subdivided, as defined in
Section 810 of this Code, which is determined by the City to be unsuitable for
platting or subdivision by reason of potential flooding, inadequate drainage, water
supply or sewage treatment facilities. Each lot within the Floodplain District shall
contain a building site at or above the regulatory flood protection elevation. All
plats and subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this and other applicable provisions of this Code. All plats
and subdivisions shall have road access both to the plat and subdivision and to the
individual building sites no lower than two feet below the regulatory flood
protection elevation. For all subdivisions in the Floodplain District, the regulatory
flood protection elevation and the required elevation of all access roads shall be
clearly labelled on all required subdivision maps, surveys and documents submitted
to the City, and also, to the extent permitted by law, on those recorded or filed with
Hennepin County.
Subd. 8 Public Utilities, Railroads, Roads and Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical,
sewer, and water supply systems now or hereafter located in the floodplain
shall be floodproofed in accordance with the City's Building Code or elevated
to above the regulatory flood protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges now
or hereafter located in the floodplain shall comply with Subd. 5 of this
Subsection 850.21 if in the Floodway District, and with Subd. 6 of this
Subsection 850.21 if in the Flood Fringe District. Elevation to the regulatory
flood protection elevation shall be provided where failure or interruption of
these transportation facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of the
850 - 126
City of Edina Land Use, Platting and Zoning 850.21
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.
C. On-site Sewage Treatment and Water Supply Systems. New or
replacement water supply systems or sanitary sewerage systems must be
designed to minimize or eliminate infiltration of flood waters into such
systems. Sanitary sewerage systems must be designed to minimize or
eliminate discharges from such systems into flood waters. On-site waste
disposal systems must be located to avoid impairment to them or
contamination from them during flooding. Any sewage treatment system
designed in accordance with the State's current statewide standards for
on-site sewage treatment systems shall be determined to be in compliance
with this Subsection 850.21. Where a public sanitary sewer line, or public
water line, is available to serve the parcel where the on-site sewage
treatment or water supply system is located, the on-site systems shall be
discontinued and connection shall be made pursuant to Section 445 of this
Code.
Subd. 9 Manufactured Homes.
A. The placement of new or replacement manufactured homes in the Flood
Fringe District will be treated as a new structure and may be placed only if
elevated in compliance with Subd. 6 this Subsection 820.21.
B. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable State or City anchoring requirements for resisting wind
forces.
Subd. 10 Administration.
A. Planner. The Planner shall administer and enforce this Subsection
850.21.
B. Permits and Variances Required; Grounds for Variances. A conditional
use permit or variance shall be applied for and obtained pursuant hereto
prior to the construction, erection, addition, alteration or change of use of
any obstruction wholly or partly in the Floodplain District which is not a
permitted use or which does not comply with all the requirements of this
Subsection 850.21, and prior to the change of use of any land, which use is
wholly or partly in the Floodplain District which is not a permitted use or
which does not comply with all of the requirements of this Subsection
850 - 127
City of Edina Land Use, Platting and Zoning 850.21
850.21. Variances may be granted only in the event that strict enforcement
of the literal provisions of this Subsection 850.21 will cause undue hardship
because of circumstances unique to the individual property under
consideration, and only if the action allowed by such variance will be in
keeping with the spirit and intent of this Section 850. Undue hardship shall
have the same meaning, and shall be interpreted in the same way, as in
Subd. 1 of Subsection 850.04.
C. Applications for Conditional Use Permits and Variances. Applications for
conditional use permits and variances under this Subsection 850.21 shall be
made, in duplicate, by the owner or owners of the land, to the Planner, on
forms furnished by the Planner, and shall be accompanied initially by such
of the following information, data and plans as is deemed necessary by the
Planner for determining compliance with this Subsection 850.21, evaluating
the application and determining the effects of the proposed activity on the
creek, marshes, wet areas and water bodies in the Floodplain District and the
suitability of the particular site for the proposed improvement, use,
obstruction or variance. The application shall also be accompanied by the
fee set forth in Section 185 this Code.
1. For a Variance:
i
a. plans, including a survey by a Minnesota registered land
surveyor, in duplicate, drawn to scale, showing the nature,
location, dimensions, and elevation of the lot, existing and
proposed obstructions, the relationship of the lot and existing
and proposed obstructions to the location of the channel,
marshes, wet areas and water bodies, surface water drainage
plans and floodproofing measures.
b. a receipt, signed by the applicant, of a notice from the
Planner stating, essentially, that (i) the issuance of a variance to
construct a structure below the level of the regional flood will
result in increased premium rates for flood insurance up to as
much as $25.00 for each$100.00 of insurance coverage, and (ii)
such construction below the level of the regional flood increases
risks to life and property. j
2. For a Conditional Use Permit:
a. plans and survey as required for a variance, but to be
submitted in triplicate.
b. a valley cross-section showing the channel of the stream,
elevation of land areas adjoining each side of the channel,
850 - 128
City of Edina Land Use, Platting and Zoning 850.21
cross-sectional areas to be occupied by the proposed
development, high water information, all drainage areas, all land
forms and adjacent marshes, wet areas and water bodies.
c. plans (surface view), including a survey by a Minnesota
registered land surveyor,.showing elevations or contours of the
ground, pertinent obstruction elevations, size, location, and
spatial arrangement of all proposed and existing obstructions on
the lot, location and elevations of streets, water supply and
sanitary facilities, photographs showing existing land uses and
vegetation upstream and downstream, and soil types.
d. profile showing the slope of the bottom of the channel or
flow line of the stream.
e. specifications for building construction and materials,
floodproofing, filling, dredging, grading, channel improvement,
storage of materials, water supply (including withdrawal and
discharge of ground and surface water) and sanitary facilities.
f. description of the water quality if other than a municipal
water system is used, maximum yearly withdrawal of ground
water, and the impact on the receiving creek, marsh, wet area
or water body of discharged surface and ground water.
g. statement of the private and public benefits anticipated from
the proposed activity, the alternatives to the proposed activity,
the effect of the proposed activity on the capacity of the
floodplain and on flood heights, and the adverse effect, if any,
on the floodplain and the creek, marshes, wet areas and water
bodies in the floodplain which cannot be avoided if the special
permit or variance is granted.
D. Submission of Application.
1. For a Conditional Use Permit. Within 45 days after receipt of the
application for a conditional use permit, fee and initial information
requested, the Planner shall review the application and submit it to
the Engineer, and to the Nine Mile Creek Watershed District or the
Minnehaha Watershed District, whichever district is appropriate, and,
with his report, to the Commissioner.
2. For a Variance. Within 45 days after receipt of the application for
a variance, fee and initial information requested, the Planner shall
review the application and submit it to the Engineer, the Nine Mile
850 - 129
City of Edina Land Use, Platting and Zoning 850.21
Creek Watershed District or the Minnehaha Watershed District,
�I
whichever district is appropriate, and, with his report, to the Board.
E. Issuance of Conditional Use Permit. Upon approval of the application
therefor by the Council, the Planner shall issue the conditional use permit.
However, prior to issuance of the permit, the Planner shall determine that
the applicant has obtained all necessary State and federal permits for the
conditional use.
F. Issuance of Variance; Reports. Upon approval of the application therefor
by the Board, or the Council upon any appeal of a decision of the Board, the
Planner shall issue the variance. However, prior to issuance of the variance,
the Planner shall determine that the applicant has obtained all necessary
State and federal permits for the obstruction or use allowed by the variance.
G. Recommendation of, and Technical Assistance from, Watershed District.
The Planner, Board, Commission or Council shall, at any time and relative
to each application, use or obstruction, transmit the information received to
the aPP appropriate nate
watershed district for advice recommendations or technical
III
assistance as to the hydrological effect or general impact of any such
application, use or obstruction on the floodplain, flood heights, flood
velocities or as to the seriousness of flood damage to the use, the adequacy
of plans for protection, compliance with this Subsection 850.21 or other
technical matters. The Planner, Board, Commission or Council shall withhold
decision on granting or allowing any conditional use permit, variance use or
obstruction until such advice, recommendations or assistance are received.
H. Certificate of Zoning Compliance. Upon completion of any work or
project pursuant to a conditional use permit or variance granted pursuant to
this Subsection 850.21, and prior to the use or occupancy of the land or
obstruction permitted by the conditional use permit or variance, a certificate
of zoning compliance shall be issued therefor by the Planner stating that the
use of the land or obstruction conforms to the requirements of this
Subsection 850.21. Prior to issuance of such certificate, the applicant
therefor shall submit a certification by a registered professional engineer,
architect or land surveyor, as appropriate, that the permitted obstructions,
including, but not limited to, finished fill and building floor elevations, flood
proofing or other flood protection measures, have been completed in
compliance with the provisions of this Subsection and in compliance with the
information given to the City in connection with the application for the
conditional use permit or variance.
I. Records of Elevation. The Building Official shall maintain a record of the
elevation of the basement floor, or first floor if there is no basement, of all
structures constructed or placed in the Floodplain District from and after
850 - 130
City of Edina Land Use, Platting and Zoning 850.21
April 23, 1980, and of all additions made after April 23, 1980 to structures
in the Floodplain District as of April 23, 1980. The Building Official shall
also maintain a record of the elevations to which such structures or such
additions to structures are floodproofed.
J.- Variance Records; Reports. The Planner shall maintain a record of all
variance actions, including justification for their issuance and including a
copy of the notice referred to at subparagraph 1.b. of paragraph C. of this
Subd. 10. A report of variances issued shall be included in the City's annual
or biennial report to the Administrator of the National Flood Insurance
Program.
Subd. 11 Powers and Duties of Zoning Board of Appeals, Procedures for Variances
and Appeals, Conditional Use Permits.
A. Zoning Board of Appeals.
1. Powers and Duties. The Board shall hear and decide all appeals
in which it is alleged there is an error in any order, requirement,
decision or determination made by an administrative officer in the
enforcement of this Subsection 850.21, and all requests for variances
in connection with this Subsection, in the same manner, including
notices, as it hears and decides appeals and requests for variances
under Subsection 850.04, except as otherwise herein provided.
2. Procedure for Variances. After receipt by the Board of the report
of the Planner, together with the application for a variance and initial
information requested by the Planner, the Board shall hear and decide
upon such application in the same manner, including notices, as it
hears and decides upon variances under Subsection 850.04, except:
a. no variance shall have the effect of permitting a residential
structure to be at a lower elevation than the regulatory flood
protection elevation for the individual property under
consideration;
b. no variance shall have the effect of permitting a
non-residential structure to be at a lower elevation than the
regulatory flood protection elevation for the individual property
under consideration unless such structure is floodproofed to the
FP-1 or FP-2 classification in the Building Code;
c. no variance shall allow standards or criteria lower than those
required by applicable State Law; and
850 - 131
City of Edina Land Use, Platting and Zoning 850.21
d. in deciding upon any variance the Board shall also consider
the policies and purposes of this Subsection 850.21 and all of
the applicable standards and conditions set out in this
Subsection, and the degree of conformity with such standards
and conditions as will result if the variance is granted.
3. Procedure for Appeals. Appeals to the Board shall be made and
acted upon by the Board, and, if appealed to the Council, such appeal
shall be made, and shall be heard and acted upon, by the Council in
accordance with the provisions, including notices, of Subsection
850.04, relative to the subject matter of the appeal.
B. Conditional Use Permits, Factors to Consider.
1. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make
its recommendation to the Council, in the same manner, including
notices, as it hears and reviews applications for conditional use
permits under Subsection 850.04.
2. Council. The Council shall hear all requests for conditional use
permits under this Subsection 850.21, and shall make its decision
thereon, in the same manner, including notices, and subject to the
same requirements and conditions, as it hears and decides upon
applications for conditional use permits under Subsection 850.04.
3. Factors to Consider. In granting conditional use permits under this
Subsection 850.21, the Council shall consider all relevant factors,
including those in this Section, and including the following:
a. the 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 or they may block bridges,
culverts or other hydraulic structures.
c. the proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination, and
unsanitary conditions.
d. the susceptibility of the proposed use and its contents to
flood damage and the effect of such damage on the individual
owner.
850 - 132
City of Edina Land Use, Platting and Zoning 850.21
e. the importance of the services provided by the proposed use
to the community.
f. the requirements of the use for a waterfront location.
g. the availability of alternative locations not subject to flooding
for the proposed use.
h. the compatibility of the proposed use with existing
development and development anticipated in the foreseeable
future.
i. the relationship of the proposed use to the Comprehensive
Plan and floodplain 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.
C. Conditions Attached to Conditional Use Permit.
1. The Board, and the Council on appeal, may attach such conditions
to the granting of variances as the Council or Board deems necessary
to fulfill the purposes of, and ensure compliance with, this Subsection
850.21 and other applicable sections of this Code.
2. The Commission may recommend, and the Council may impose,
such conditions to the granting of the conditional use permit as the
Council is empowered to impose on conditional use permits under
Subsection 850.04, including 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 Building Code
850 - 133
City of Edina Land Use, Platting and Zoning 850.21
and this Subsection 850.21. The applicant shall submit a plan
or document certified by a registered professional engineer or
architect that the flood proofing measures, as completed, are
consistent with the regulatory flood protection elevation and
associated flood factors for the particular area.
f. compliance with any plan approved by the Planner or Council
for storage or removal of any materials or equipment, or for
prevention of erosion or sedimentation.
D. Notice of Hearing Given to Commissioner, Conditional Use Permits and
Variances Forwarded to Commissioner and Watershed Districts. The Planner
shall give mailed notice to the Commissioner of each hearing for a
conditional use permit or variance under this Subsection 850.21, together
with a copy of the application for the conditional use permit or variance, not
less than ten days before the date of hearing. Also, a copy of each
conditional use permit or variance issued or granted shall be forwarded to
the Commissioner within ten days after issuance or granting thereof.
E. Lapse of Conditional Use Permit or Variance by Nonuser, Extension of
Time.
1. If within one year after the date of the meeting at which the
conditional use permit was granted or issued, or after the date of the
meeting of the Board, or the Council on appeal, at which the variance
was granted, the owner or occupant of the affected land shall not
have obtained a building permit, if one is required, and commenced
the work authorized by such conditional use permit or variance, then
the conditional use permit or variance shall become null and void
unless a petition for an extension of time in which to commence such
work has been granted, as provided herein.
2. The petition for extension:
a. shall be in writing, and filed with the Planner within said one
year period;
b. shall state facts showing a good faith attempt to use the
conditional use permit or variance; and
c. shall state the additional time requested to commence such
work.
The petition, if it relates to a conditional use permit, shall be heard and
decided in the same manner as the original petition for a conditional use
850 - 134
City of Edina Land Use, Platting and zoning 850.21
permit, unless such procedures have been changed by amendment to this
Code, in which event the then applicable procedures shall be used. The
petition, if it relates to a variance, shall be presented to the Board for
hearing and decision, and appeal to the Council, in the same manner as the
original request for a variance, unless such procedures have been changed by
amendment to this Section, in which event the then applicable procedures
shall be used. In determining whether the petitioner has made a good faith
attempt to use such special permit or variance, the Planner, Board or Council
may consider such factors as the design, size, expense and type of the
proposed work.
Subd. 12 Non-Conforming Obstructions and Uses, Lapse, Destruction. An
obstruction or the use of an obstruction or premises, which was lawful when
constructed, placed or commenced, but which is not in conformity with the
provisions of this Section, may be continued, subject to the following conditions:
A. No such obstruction or use shall be expanded, changed, enlarged or
altered in any way without such expansion, change, enlargement or
alteration complying, in all respects, with this Section, including, but not
limited to, the obtaining of all required conditional use permits and
variances.
B. The cumulative cost (calculated at a then current cost) of all expansions
and alterations of, and additions to, any such obstruction since April 23,
1980 to the then current date shall not exceed 50 percent of the market
value of such obstruction as then determined by the Assessor for real estate
tax purposes, unless the effect of such expansions, alterations and additions
is to convert such obstruction into a conforming obstruction and use. The
City shall determine the then current cost of the cumulative cost of all such
expansions, alterations and additions using such methods as the City shall
determine.
C. If such use of such obstruction or such premises is discontinued for one
year or longer, any subsequent use of the obstruction or premises shall
comply, in all respects, with this Subsection 850.21, including, but not
limited to, the obtaining of all required conditional use permits and
variances.
D. If any non-conforming obstruction is destroyed or damaged by any
means, including floods, to the extent that the cost of repairing or restoring
such destruction or damage is 50 percent or more, as determined by the
Engineer or some other person designated by the Manager, of the cost of
re-erecting a new obstruction of like kind and quality and of the same
physical dimensions and location, then it shall not be reconstructed except
in full compliance, in all respects, with the provisions of this Section,
850 - 135
City of Edina Land Use, Platting and Zoning 850.21
including, but not limited to, the obtaining of all required conditional use
permits and variances.
Subd. 13 Right of Passage. It shall be unlawful for any person, without a
conditional use permit obtained pursuant to this Subsection 850.21, to place any
obstruction in Nine Mile Creek or Minnehaha Creek or to obstruct, in any way, the
passage of watercraft, or to interfere, in any way, with the use by the public of the
beds, banks, waters or channels of said creeks, except obstructions placed by the
appropriate watershed district and used for floodplain management, in which event j
adequate provision shall be made for portaging and passage of watercraft.
Subd. 14 Removal of Obstructions.
A. Natural Obstructions. The City shall have the right of reasonable entry
upon lands in the floodplain, including those adjoining Nine Mile Creek and
Minnehaha Creek, for the purpose of ingress to and egress from the
floodplain and the beds, banks, channels and waters of the creeks and water
bodies therein to remove any natural obstructions such as, but not limited to,
trees, debris, litter and silt.
2. Artificial Obstructions. Any artificial obstruction of the beds, banks,
channels or waters of Nine Mile Creek or Minnehaha Creek or in the flood
plain made subsequent to February 8, 1973 and not made pursuant to a
permit or variance granted by the City shall be removed by the owner of the
adjoining land within ten days after mailing to such owner of a demand to
do so by the Planner. If the owner shall fail or refuse to remove the
obstruction within said time, or if the owner cannot be found or determined,
the City may remove such obstruction and the costs thereof shall be paid by
the owner on demand, and if not paid, such costs may be assessed against
the land and collected in the same manner as prescribed by law for levying
and collecting special assessments for municipal improvements.
Subd. 15 Violation, Penalties, Remedies. The provisions, penalties and remedies
set out in Subsection 850.04 shall also apply to any violation of the provisions of
this Subsection 850.21. Every obstruction or use placed or maintained in the
floodplain in violation of this Subsection 850.21 is hereby declared to be a public
nuisance, and may be enjoined and the maintenance thereof abated by appropriate
City and judicial action. As soon as reasonably possible after the Planner knows of
a violation of this Subsection, the Planner shall investigate the nature and extent of
the violation and give notice of such violation and the results of such investigation
to the Minnesota Department of Natural Resources and the Federal Emergency
Management Agency Regional Office, together with the City's proposed plan to
correct or remove the violation to the degree possible.
Subd. 16 Amendments.
I
850 - 136
City of Edina Land Use, Platting and Zoning 850.21
A. The boundaries of the Floodplain Overlay District, as shown on the Map,
may be changed by amendment to this Subsection 850.21, but only if it can
be shown that the boundaries are in error or that an area has been filled to
or above the elevation of the regional flood and is contiguous to lands
outside the floodplain. Special exceptions of this rule may be permitted by
the Commissioner if the Commissioner determines that, through other
measures, the subject lands are adequately protected from flooding.
B. All amendments shall be submitted to the Board of Managers of the Nine
Mile Creek Watershed District and the Minnehaha Creek Watershed District,
the Commissioner, and the Federal Emergency Management Agency, and
shall be approved by the Commissioner and the Federal Emergency
Management Agency prior to adoption.
C. The Commissioner also shall be given at least ten days prior written
notice of all hearings to consider amendments to this Subsection 850.21,
including a draft of the proposed amendment and any pertinent technical
study.
History: Ord. 825 adopted 3-07-84 and repealed Ord. 811 and 816; 825 Al not published,
amended by 825-A2 1-02-85, 825-A3 7-03-85, 825-A4 7-03-85, 825-A5 12-24-86, 825-A6 12-24-
86,
25A612-24-
86, 825-A7 5-28-86, 825-A8 2-19-86, 825-A9 5-28-86; 825 A10 not granted; 825 All 9-2-87,
825-Al2 12-24-86, 825-A13 referred to staff--Council minutes 1-16-87; amended by 825-A14
12-24-86, 825 A15 2-11-87, 825 A16 2-11-87;825 A17 not developed;825-A18 9-2-87, 825 A19
5-27-87, 825-A20 4-29-89;825-A21 not developed;825-A22 3-23-88;825-23 referred to Planning
Commission 6-06-88; 825-A24 withdrawn; 825-A25 5-03-89, 825-A26 8-24-88, 825-A27 10-30-
91;
25A2710-30-
91;amended by 825-A28 5-03-89, 825-A29 5-03-89, 825-A30 12-13-89, 825-A31 10-25-89, 825-
A3212-20-89, 825-A33 1-31-90, 825-A34 8-29-90, 825-A35 8-29-90, 825-A36 8-29-90,825-A37
reconsidered; 825-A38 I1-28-90
Reference. M.S. 103F, 429, 462, 469.001 to 469.047
Cross Reference: Sections 185, 705, 1045, 1310, 1405
Note: The Federal Emergency Management Agency ("FEMA") has established criteria for
removing the special flood hazard area designation for certain structures properly elevated on
fill above the 100 year flood elevation. FEMA's requirements incorporate specific fill compaction
and side slope protection standards for multi-structure or multi-lot developments. These
standards should be investigated prior to initiation of site preparation if a change of special flood
hazard area designation will be requested.
850 - 137