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HomeMy WebLinkAboutOrdinance No. 2025-09 Amending Chapter 36 Floodplain DistrictsORDINANCE NO. 2025-09 AN ORDINANCE AMENDING CHAPTER 36 OF THE EDINA CITY CODE CONCERNING ZONING, ARTICLE X. FLOODPLAIN DISTRICTS THE CITY COUNCIL OF EDINA ORDAINS: Chapter 36, Article X of the Edina City Code is repealed in its entirety and replaced as follows: DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Sec. 36-749. Statutory Authorization. This floodplain ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 – 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR § 59 to 78; and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Sec. 36-750. Purpose. (1) 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 public health, safety, and general welfare by minimizing these losses and disruptions. (2) This ordinance is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding. (3) This ordinance is adopted to maintain eligibility in the National Flood Insurance Program. (4) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (5) While this ordinance is primarily focused on reducing exposure and vulnerability of structures to flooding from surface sources, the City of Edina recognizes that seepage from high groundwater and sanitary sewer backflow are also pathways for flood exposure and that individual properties are responsible for understanding their exposure to all sources of flooding and implementing specific flood exposure or vulnerability reducing measures. Site specific standards for “Local Flood Areas”, as defined in Division 2 of this ordinance, allow redevelopment flexibility to make specific tradeoffs between flood exposure and vulnerability reducing measures for equivalent or improved flood risk reduction. Regulation is one of four key strategies used in the City of Edina Flood Risk Reduction Strategy of the City’s Water Resources Management Plan. (6) Climate change is increasing the risks associated with flooding through more frequent and intense storm events, altered precipitation patterns, and prolonged elevated groundwater levels during wet cycles, creating long-term challenges. Promoting risk-informed development can mitigate the impacts of flooding on current and future generations. Sec. 36-751. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this ordinance take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Sec. 36-752. 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. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. 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. Sec. 36-753. 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. Secs. 36-754—36-770. Reserved. DIVISION 2. DEFINITIONS Sec. 36-771. Definitions. Unless specifically defined, 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. Accessory Structure means a structure, as defined in this ordinance, that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation. Base Flood means the flood having a one-percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE) means the elevation of the base flood, or one-percent annual chance flood. Basement means any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all sides, regardless of the depth of excavation below ground level. Building. See Structure. Channel means a natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically. Conditional Use means as defined in section 36-10. Critical Storm Event means a design storm which provides the highest flood discharges/water surface elevations for the flooding source. This may include the one-percent annual chance flood or 10-day snowmelt event. Development means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Equal Degree of Encroachment means 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. FEMA means Federal Emergency Management Agency. Flood means a temporary rise in the stream flow or water surface elevation from any source that results in the inundation of normally dry land areas. Flood Fringe means the portion of the one-percent annual chance floodplain located outside of the floodway. Flood Insurance Rate Map (FIRM) means an official map on which the Federal Insurance Administrator has delineated both the special flood 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). Flood Insurance Study (FIS) means the study referenced in section 36-792, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e. mudflow) and/or flood-related erosion hazards. Floodplain means the beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood. Floodproofing means a combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge. Flood Flow Path means areas of land with expected concentrated overland flow or overflow from a Local Flood Area in the 1-percent annual chance event, which may be planned or unplanned. General Floodplain means those floodplains designated on the Flood Insurance Rate Maps referenced in section 36-792, but that do not have a delineated floodway. Landlocked basin means a basin that does not have an outlet in the 10-percent annual chance event. Local Flood Area means flood prone areas not shown on the Flood Insurance Rate Maps referenced in section 36-792, which are located outside of the Floodway, Flood Fringe, and General Floodplain Districts. Local Flood Area is synonymous with the term “Local 1-Percent Annual Chance Flood Inundation” used in the Water Resources Management Plan and the City of Edina’s Interactive Water Resources Map. Light Duty Truck means any motor vehicle that has all three of the following: (1) 8,500 pounds Gross Vehicle Weight Rating or less; (2) vehicle curb weight of 6,000 pounds or less; and (3) basic vehicle frontal area less than 45 square feet. Lowest Floor means the lowest floor of the lowest enclosed area (including basement). Lowest Opening Elevation means the lowest opening of a structure, for example garage door, windowsill elevation, top of dry-floodproofed window well elevation, or walkout or door threshold elevation. Manufactured Home means 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.” New Construction means structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures. Ponding Basin means an area used for long term or extended flood storage, for example detention basins/ponds, retention basins/pond, natural waterbodies, or other areas that provide flood storage either by design or naturally. Principal Structure means the main building or other structure on a lot that is utilized for the property’s principal use. Reach means 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. Recreational Vehicle means 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. Those vehicles not meeting this definition shall be considered a structure for the purposes of this ordinance. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel vehicle.” Regional Tailwater means the Local Flood Area which is controlled or significantly affected by the regional flood as shown in the Floodway, Flood Fringe, and General Floodplain Districts. Regulatory Flood Protection Elevation (RFPE) means an elevation that is two feet above the elevation of the base flood or, for landlocked basins in the Local Flood Area District, an elevation that is two feet above the elevation of the critical storm event elevation. Special flood hazard area (SFHA) means an area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on a Flood Hazard Boundary Map (FHBM) or FIRM as Zone A, AO, A1-30, AE, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, A99, AH, VO, V1-30, VE, V, M, or E. Stage Increase means any increase in the water surface elevation during the one-percent annual chance flood caused by encroachments on the floodplain. Start of Construction includes substantial improvement, and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means 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. Structure means a roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in section 36-952(2), shall also be considered a structure for the purposes of this ordinance. Subdivision means as defined in section 32-2. 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. Substantial Improvement means any reconstruction, rehabilitation, 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: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this ordinance, “historic structure” is defined in 44 CFR § 59.1. Subwatershed means a smaller, distinct drainage area within a larger watershed. It represents a localized region where all precipitation and surface water flow converge into a specific waterbody or low area. Subwatersheds are delineated by topographical features which define the boundaries of water flow. Subwatershed delineations are available in the City of Edina’s Interactive Water Resources Map. Variance means the same as that defined in 44 CFR § 59.1 and Minnesota Statutes, 462.357, Subd. 6(2). Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation of until such time as that documentation is provided. Watercourse means a channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels. Secs. 36-772—36-790. Reserved. DIVISION 3. JURISDICTION AND DISTRICTS Sec. 36-791. Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Edina within the Special Flood Hazard Areas (SFHAs) identified on the Flood Insurance Rate Maps listed in section 36-792 and those areas within the Local Flood Area as described within the City’s Water Resources Management Plan. Areas within the SFHA are within one of three districts: the Floodway, Flood Fringe, or General Floodplain, as listed in section 36-793. Areas within the Local Flood Area are within the Local Flood Area District as listed in section 36-793(4). (1) The Floodway, Flood Fringe, General Floodplain or Local Flood Area Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply. (2) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the one-percent annual chance floodplain. (3) 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. Sec. 36-792. 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, and the Flood Insurance Rate map panels enumerated below, all dated November 4, 2016, and revised by the Letter of Map Revision, Case No. 25-05-1025P, with an effective date of December 26, 2025 including all attached maps, tables, and flood profiles: all prepared by the Federal Emergency Management Agency. The City of Edina’s Interactive Water Resources Map is also hereby adopted to support the applicable regulations within the Local Flood Area District. These materials are hosted on the City’s website and on file in the Engineering Department. 27053C0342F 27053C0362F 27053C0432F 27053C0344F 27053C0363F 27053C0451F 27053C0361F 27053C0364F 27053C0452F Sec. 36-793. Districts. (1) Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps referenced in section 36-792 and those areas within Zone A determined to be located in the floodway based on the delineation methods in section 36- 874. (2) Flood Fringe District. Those areas within Zones AE located outside of the delineated floodway, as shown on the Flood Insurance Rate Maps referenced in section 36-792 and those areas within Zone A determined to be located in the flood fringe based on the delineation methods in section 36-874. (3) General Floodplain District. Those areas within Zone A or Zone AE areas that do not have a floodway delineated as shown on the Flood Insurance Rate Maps referenced in section 36- 792. (4) Local Flood Area District. Those areas not within the Special Flood Hazard Area that are identified as “Local 1-Percent Annual Chance Flood Inundation” on the City of Edina’s Interactive Water Resources Map. Sec. 36-794. Annexations. The Flood Insurance Rate Map panels referenced in section 36-792 may include floodplain areas that lie outside of the corporate boundaries of the City of Edina at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Edina after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. Annexations into panels not referenced in section 36-792 require ordinance amendment in accordance with Division 15. Sec. 36-795. Municipal Boundary Adjustments & Townships. The Flood Insurance Rate Map panels referenced in section 36-792 apply countywide. If at any point any lands come under the jurisdiction of another local government, the following shall apply: (1) City adjustments of corporate boundaries, including but not limited to annexations and detachments, shall shift floodplain administrative authority of all affected lands immediately upon the date of the boundary adjustment occurring. Secs. 36-796—36-810. Reserved. DIVISION 4. REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS Sec. 36-811. Permit Required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this ordinance prior to the following uses or activities: (1) The erection, addition, modification, maintenance, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in section 36-991(3). (2) The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. (3) The change or expansion of a nonconforming use. (4) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (5) The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities. (6) The storage of materials or equipment, in conformance with section 36-812(2). (7) Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed. (8) Any other type of “development,” as defined in Division 2 of this ordinance. Sec. 36-812. Minimum Development Standards. (1) All development must: a. Be designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. Be constructed with materials and equipment resistant to flood damage; c. Be constructed by methods and practices that minimize flood damage; d. Be constructed with heating, ventilation, duct work, and air conditioning equipment and other service facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding; e. Be reasonably safe from flooding and consistent with the need to minimize flood damage; f. Be assured to provide adequate drainage to reduce exposure to flood hazards; g. Not be detrimental to uses in adjoining areas; and h. Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. i. Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible. (2) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in Minnesota Statutes, Section 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit. Secs. 36-813—36-830. Reserved. DIVISION 5. FLOODWAY DISTRICT Sec. 36-831. Permitted Uses in Floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the one-percent annual chance flood. The following uses and activities may be allowed with a permit, subject to the standards in section 36-832: (1) Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses. (2) Roads, railroads, trails, bridges, and culverts. (3) Public utility facilities and water-oriented industries which must be in or adjacent to watercourses. (4) Grading, filling, land alterations, and shoreline stabilization projects. (5) No structures, as defined in Division 2, are allowed in the Floodway District, except structures accessory to the uses detailed in section 36-831(1), which require a CUP under section 36-833(1). Sec. 36-832. Standards for Permitted Uses in Floodway. In addition to the applicable standards detailed in Division 4: (1) The applicant must demonstrate that the development will not result in any of the following during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area). This is commonly documented through a “no-rise certification.” (2) Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12. Map revisions must follow the procedures in section 36-971(5) and Division 15. (3) Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in section 36-971(5) and Division 15. (4) Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with Minnesota Statutes, section 103G.245 or a utility crossing license in accordance with Minnesota Statutes, section 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit. (5) Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four. (6) Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible. Sec. 36-833. Conditional Uses in Floodway. The following uses and activities may be permitted as conditional uses, subject to the standards detailed in section 36-834: (1) Structures accessory to uses detailed in section 36-831(1). Sec. 36-834. Standards for Conditional Uses in Floodway. In addition to the applicable standards detailed in Division 4, section 36-832 and section 36-972: (1) Accessory Structures. Structures accessory to the uses detailed in section 36-831(1) must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in section 36-852(3) of this ordinance. Secs. 36-835—36-850. Reserved. DIVISION 6. FLOOD FRINGE DISTRICT Sec. 36-851. Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in section 36-852. Sec. 36-852. Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards detailed in Division 4: (1) Residential Structures. a. Elevation on Fill. All structures to be erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in Division 2 of this ordinance, is elevated at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a Conditional Use Permit, as provided in section 36-853(1) of this ordinance. (2) Nonresidential Principal Structures. Nonresidential principal structures must meet one of the following construction methods: a. Elevation on Fill. Structures may be elevated on fill, meeting the standards in section 36-852(1)a of this ordinance. Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the structure. b. Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill standards in section 36-852(1)a of this ordinance. Such methods include the use of filled stem walls. Designs must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards: (1) The lowest floor, as defined in Division 2 of this ordinance, shall be elevated at or above the Regulatory Flood Protection Elevation (RFPE). c. Dry Floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood Protection Elevation (RFPE) must meet the following standards: (1) Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the Regulatory Flood Protection Elevation (RFPE); (2) Must meet the standards of FEMA Technical Bulletin 3, as amended; and (3) A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this Division. (3) Accessory Structures. All accessory structures must meet the following standards: a. Structures shall not be designed or used for human habitation. b. Structures will have a low flood damage potential. c. Structures shall constitute a minimal investment not to exceed 600 square feet in size, one-story in height, and shall only be used for parking and storage, except as provided under section 36-852(3)e. d. Structures with two or more rigid walls, must meet one of the following construction methods: (1) Wet Floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. Portions of structures below the RFPE must be constructed of flood damage-resistant materials. Utilities must be elevated above the RFPE and any utility lines below the RFPE shall be constructed so as to prevent floodwaters from entering or accumulating within them. Wet floodproofed structures must be anchored to resist flotation, collapse, and lateral movement. (2) Elevation on Fill. Structures may be elevated on fill, meeting the standards in section 36-852(1)a of this ordinance. Fill is not required to be extended 15 feet beyond the outside limits of the structure. (3) Alternative Elevation Methods. Structures may have their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) through methods alternative to the fill standards in section 36-852(3)d.(2), and must meet the standards in section 36-852(2)b of this ordinance. (4) Dry Floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in section 36-852(2)c of this ordinance. e. Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, meeting the standards in section 36-812(1) of this ordinance may be located at an elevation below the Regulatory Flood Protection Elevation, exceed 600 square feet in size, and may include uses as provided under section 36-851. (4) Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the City of Edina that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four. (5) Manufactured homes and recreational vehicles must meet the standards of Division 11 of this ordinance. Sec. 36-853. Conditional Uses in Flood Fringe. The following uses and activities may be permitted as conditional uses, subject to the standards in section 36-854: (1) Alternative Elevation Methods – Residential Structures. Residential structures with their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in section 36-852. Sec. 36-854. Standards for Conditional Uses in Flood Fringe. In addition to the applicable standards detailed in Division 4, section 36-852 and section 36-972: (1) All residential structures with lowest floors elevated through alternative elevation methods must meet the standards for nonresidential structures in section 36-852(2)a or b of this ordinance. Secs. 36-855—36-870. Reserved. DIVISION 7. GENERAL FLOODPLAIN DISTRICT Sec. 36-871. Permitted Uses in General Floodplain District. (1) Until the floodway is delineated, allowable uses will be restricted to those listed in the Floodway District, Division 5. (2) All other uses are subject to a floodway/flood fringe determination as provided in section 36- 874, in addition to the standards provided in sections 36-872 and 36-873. Permitted uses shall be determined as follows: a. If the development is determined to be in the Floodway District, Division 5 applies. b. If the development is determined to be in the Flood Fringe District, Division 6 applies. Sec. 36-872. Determining Flood Elevations. (1) All development requires a determination of the Base Flood Elevation (BFE). Exceptions to this requirement include projects that restore the site to the previous cross-sectional area, such as shore stabilization or culvert replacement projects. Base Flood Elevations (BFE) may be found using best available data from any Federal, State, or other source (including MNDNR’s Lake & Flood Elevations Online (LFEO) Viewer). (2) The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming a one-half (0.5) foot stage increase to accommodate for future cumulative impacts. A stage increase does not need to be assumed along lakes, wetlands, and other basins that are not affected by velocities. Sec. 36-873. Encroachment Analysis. (1) Encroachments due to development may not allow stage increases more than one-half (0.5) foot at any point, unless through a map revision following the procedures in section 36-971(5) and Division 15. This evaluation must include the cumulative effects of previous encroachments, and must be documented with hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices. A lesser water surface elevation increase than one-half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result. Sec. 36-874. Standards for the Analysis of Floodway Boundaries. (1) Requirements for Detailed Studies. Any development, as requested by the Zoning Administrator, shall be subject to a detailed study to determine the Regulatory Flood Protection Elevation (RFPE) and the limits of the Floodway District. This determination must be consistent with the minimum standards for hydrologic and hydraulic mapping standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised. Additionally: a. A regulatory floodway necessary to carry the discharge of the one-percent annual chance flood must be selected without increasing the water surface elevation more than one-half (0.5) foot at any point. This determination should include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one- half (0.5) foot is required if, due to the water surface level increase, increased flood damages would potentially result; and b. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless topography, existing development patterns, and comprehensive land use plans justify a modified approach, as approved by the Department of Natural Resources. (2) Other Acceptable Methods. For areas where a detailed study is not available or required: a. Development prohibited in floodways (e.g. most buildings) requires a floodway/flood fringe determination to verify the development is within the flood fringe. This determination must be done by a professional engineer or utilize other accepted engineering practices. The Department of Natural Resources may also provide technical assistance and must approve any alternative methods used to determine floodway boundaries. b. For areas where the floodway has not been determined in and along lakes, wetlands, and other basins: all areas that are at or below the ordinary high water level, as defined in Minnesota Statutes, section 103G.005, Subd. 14, will be considered floodway, and all areas below the Base Flood Elevation (BFE) but above the ordinary high water level will be considered flood fringe. Secs. 36-875—36-890. Reserved. DIVISION 8. LOCAL FLOOD AREA DISTRICT Sec. 36-891. Permitted Uses in the Local Flood Area District. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in section 36-893. Sec. 36-892. Determining Flood Elevations. (1) Base Flood Elevations (BFE) and critical storm event elevations may be found using best available data provided in the City of Edina Interactive Water Resources Map or by contacting the Engineering Director. (2) For areas subject to regional tailwater effects, the standards in sections 36-852 and 36-893(3) shall apply. Sec. 36-893. Standards for Permitted Uses in Local Flood Area District. In addition to the applicable standards detailed in Division 4: (1) Lowest Floor for Ponding Basins. All new principal structures, additions, and other permanent fixtures including heating and air conditioning must be elevated so that the lowest floor elevation is a minimum of two feet above the ponding basin outlet elevation. (2) Lowest Floor for Landlocked Basins. All new principal structures, additions, and other permanent fixtures including heating and air conditioning must be elevated so that the lowest floor elevation is at or above the Regulatory Flood Protection Elevation. (3) Lowest Opening. All new principal structures, additions, or other permanent fixtures including heating and air conditioning must be elevated so that the lowest opening elevation is at or above the Regulatory Flood Protection Elevation (RFPE). (4) Accessory Structures. Accessory structures shall meet the requirements of section 36-852(3). (5) Fill. Earth moving and the addition of fill at or below the base flood elevation, or critical storm event elevation within subwatersheds of landlocked basins, may be allowed given all the following conditions are met: a. Addition of fill is necessary to reduce flood exposure to a primary structure. b. Addition of fill results in no adverse impact to neighboring properties or public trust. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer. c. Addition of fill shall be minimized to the greatest extent practicable. Sec. 36-894. Site-specific Standards for Principal Structure Elevations in the Local Flood Area District. (1) The basis for the site-specific standard is to allow an alternative path for risk reduction that does not require two feet of freeboard (but not less than zero feet of freeboard) as required in section 36-893 and/or below grade parking garages design standards as required in section 36-895. This may include strategies that reduce flood vulnerability instead of or in addition to reducing flood exposure. The outcome should still be overall reduction in flood risk. Elevation standards for the lowest floor elevation or lowest opening elevation reduce flood exposure by providing two feet of freeboard between the structure and the base flood elevation or critical storm elevation. Site-specific standards for lowest floor elevation or lowest opening elevation less than the two feet of freeboard required by section 36-893 and/or lesser below- grade parking garages design standards as required by section 36-895 may be allowed given all the following conditions are met: a. The structure is not within the Special Flood Hazard Area. b. The structure, if subject to section 36-892(2) meets the standards of section 36-852. c. The new structure, addition, or modification results in a net reduction in vulnerability from existing conditions. For example, additional construction methods and precautions are proposed that reduce the potential for flood damage to the structure. Vulnerability reducing measures could include wet or dry floodproofing, sanitary backflow prevention for low floor fixtures and drains, flood flow area diversion, dual sump pump systems with battery backup, and other means specific to the probable flood exposure. d. The applicant demonstrates that meeting the lowest floor elevation or lowest opening elevation requirements as described in section 36-893 presents a burden. e. The new structure, addition, or modification does not adversely impact the flood exposure or vulnerability of others. f. The new structure, addition, or modification design, and/or flood vulnerability reducing measures are approved by the City Engineer. Sec. 36-895. Below-Grade Garages and Parking. (1) Construction of below-grade parking garages is allowed outside of R-1 and R-2 zoning districts, provided the structure (including the parking garage) is floodproofed to the Regulatory Flood Protection Elevation (RFPE) in accordance with the following design standards: a. Together with associated utility and sanitary facilities, the structure must be designed so that below the Regulatory Flood Protection Elevation (RFPE) the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. b. A Floodproofing Certificate and Inspection and Maintenance Plan must be provided by a registered professional engineer or architect. c. A floodproofing design that entails human intervention, such as the installation of flood gates or flood shields, will require a Flood Emergency Operation Plan. Secs. 36-896—36-910. Reserved. DIVISION 9. SUBDIVISION STANDARDS Sec. 36-911. Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. (1) All lots within floodplain districts must be suitable for a building site outside of the Floodway District. (2) Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the City of Edina. (3) All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the City of Edina. (4) The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents. Secs. 36-912—36-930. Reserved. DIVISION 10. PUBLIC AND PRIVATE UTILITIES, SERVICE FACILITIES, ROADS, BRIDGES, AND RAILROADS Sec. 36-931. Public Transportation Facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. 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. All public transportation facilities should be designed to minimize increases in flood elevations. Sec. 36-932. Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited in the one-percent annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350. Sec. 36-933. Private On-site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities. Private facilities shall be subject to applicable provisions detailed in section 36-932. New or replacement on-site sewage treatment systems are prohibited. Secs. 36-934—36-950. Reserved. DIVISION 11. MANUFACTURED HOMES AND RECREATIONAL VEHICLES Sec. 36-951. Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition: (1) New and replacement manufactured homes must be placed and elevated in compliance with Division 6 of this ordinance and must be securely anchored to a 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. (2) New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in Division 9 of this ordinance. Sec. 36-952. Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either: (1) Meet the requirements for manufactured homes in section 36-951, or (2) Be travel ready, meeting the following criteria: a. The vehicle must be fully licensed. b. The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities. c. No permanent structural type additions may be attached to the vehicle. d. Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Division 4 and section 36-852(3). Secs. 36-953—36-970. Reserved. DIVISION 12. ADMINISTRATION Sec. 36-971. Duties. A Zoning Administrator or other official must administer and enforce this ordinance. (1) Permit Application Requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable: a. A site plan as required in Sec. 36-129. b. Copies of any required local, state or federal permits or approvals. c. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. (2) Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting: a. All certifications for dry floodproofing and alternative elevation methods, where applicable. b. Analysis of no-rise in the Floodway District, as detailed in section 36-832(1), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in section 36-872(2) and 36-873(1). c. Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator. d. Substantial damage and substantial improvement determinations, as detailed in section 36-991(3), including the cost of improvements, repairs, and market value. e. All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency. (3) Certificate of Occupancy for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of occupancy has been issued by the Building Official stating that the finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this ordinance. (4) 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 in accordance with Minnesota Statutes, section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA. (5) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Edina must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Sec. 36-972. Conditional Uses and Variances. (1) Process. a. An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this ordinance. b. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with Minnesota Statutes, section 462.357, Subd. 6(2) and this ordinance. (2) Adherence to State Floodplain Management Standards. Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law. Though variances may be used to modify permissible methods of flood protection, no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE). a. The Local Flood Area District shall be exempt from sections 36-972(2) and 36-972(3) and 36-972(4). (3) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances from the provisions of this ordinance may only be issued by a community upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. 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 from the provisions in this ordinance may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law. (4) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance in writing that: a. 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 b. Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. (5) Considerations for Approval. The City of Edina must consider all relevant factors specified in other sections of this ordinance in granting variances and conditional use permits, including the following: 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 safety of access to the property in times of flood for ordinary and emergency vehicles. d. The duration of flood exposure. (6) Conditions of Approval. The City of Edina may attach such conditions to the granting of variances and 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. Limitations on period of use, occupancy, and operation. b. Imposition of operational controls, sureties, and deed restrictions. c. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. d. Other conditions as deemed appropriate by the Zoning Administrator and Planning Commission. Sec. 36-973. Notifications to the Department of Natural Resources. (1) All notices of public hearings to consider variances or conditional uses under this ordinance must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten (10) days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat. (2) A copy of all decisions granting variances and conditional uses under this ordinance must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within ten (10) days of final action. (3) The Local Flood Area District shall be exempt from section 36-973. Secs. 36-974—36-990. Reserved. DIVISION 13. NONCONFORMITIES Sec. 36-991. 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: (1) Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in section 36-874, or when the floodway has not been delineated), expansion or enlargement of uses or structures is prohibited. (2) Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this ordinance, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE). (3) If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in section 36-992, it may not be reconstructed except in conformity with the provisions of this ordinance. Existing structures within the Local Flood Area District, but outside of the Floodway District, Flood Fringe District, or General Floodplain District are exempt from this provision. (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. (5) If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in section 36- 812(1)d to the greatest extent practicable. This requirement shall apply regardless of the determinations made in section 36-992. Sec. 36-992. Substantial Improvement and Substantial Damage Determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures: (1) Estimate the market value of the structure. In cases where the property has sustained damage, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made. (2) Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the zoning administrator to evaluate costs. a. Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year. b. Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition. (3) Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure, and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in Division 2 of this ordinance. (4) Based on this determination, the zoning administrator or other official shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this ordinance. Secs. 36-993—36-1010. Reserved. DIVISION 14. VIOLATIONS AND PENALTIES Sec. 36-1011. Uses in Violation of the Ordinance. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this ordinance shall be considered a public nuisance. Sec. 36-1012. Civil Remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this ordinance may be abated by an action brought by the City of Edina or the Department of Natural Resources. Sec. 36-1013. Enforcement. Violations of the provisions of this ordinance constitutes a misdemeanor and is punishable as defined by law. The Zoning Administrator 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. 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. Secs. 36-1014—36-1030. Reserved. DIVISION 15. AMENDMENTS Sec. 36-1031. Ordinance Amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require an ordinance amendment to update the map references in section 36-792 of this ordinance. Sec. 36-1032. Required Approval. All amendments to this ordinance must be submitted to the Department of Natural Resources for review and approval prior to adoption, for compliance with state and federal rules and requirements. The floodplain ordinance shall not be considered valid until approved. This ordinance is effective upon adoption. First reading: October 7, 2025 Second reading: Waived Published: Attest: ________________________ __________________________________ Sharon Allison, City Clerk James B. Hovland, Mayor PLEASE PUBLISH IN THE EDINA SUN CURRENT SEND ONE AFFIDAVIT OF PUBLICATION BILL TO EDINA CITY CLERK Sharon Allison (Oct 8, 2025 13:50:47 CDT)