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HomeMy WebLinkAbout0883ORDINANCE NO. 883 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 OF THE LAKEVILLE CITY CODE, THE ZONING ORDINANCE, CONCERNING CHAPTER 101, FLOODPLAIN OVERLAY DISTRICT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Chapter 11 -101 of the City Code is hereby amended to read as follows: CHAPTER 101 FP, FLOOD PLAIN OVERLAY DISTRICT SECTION: 11- 101 - -1: Statutory Authorization, Findings Of Fact And Purpose 11- 101 - -3: Warning And Disclaimer Of Liability 11- 101 - -5: District Application 11- 101 - -7: General Provisions 11- 101 - -9: Establishment Of Zoning Districts 11- 101 -11: FW, Floodway District 11- 101 -13: FF, Flood Fringe District 11- 101 -15: GFD, General Flood Plain District 11- 101 -17: Subdivisions 11- 101 -19: Public Utilities, Railroads, Streets, And Bridges 11- 101 -21: Manufactured Homes And Manufactured Home Parks And Placement Of Recreational Vehicles 11- 101 -23: Administration 11- 101 -25: Amendments And Variances 11- 101 -27: Conditional Uses 11- 101 -29: Non - Conforming Uses 11- 101 -1: STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE: The legislature of the State has, in Minnesota Statutes Chapters 103F and 462, as may be amended, delegated the responsibility to 1 local government units to adopt regulations designed to minimize flood losses. Therefore, the City does ordain as follows: A. Findings Of Fact: 1. Periodic Inundation: 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 on flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. Methods Used To Analyze Flood Hazards: This Chapter 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. National Flood Insurance Program Compliance. This Chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. B. Statement Of Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize those losses described in subsection A of this Section by provisions contained herein. 11- 101 -3: WARNING AND DISCLAIMER OF LIABILITY: This Chapter does not imply that areas outside the FP Flood Plain Overlay District boundaries or land uses allowed within this District will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages which result from reliance on this Chapter or any administrative decision lawfully made thereunder. 11- 101 -5: DISTRICT APPLICATION: The FP, Flood Plain Overlay District shall be applied to and superimposed upon all districts as existing or amended by the text and map of this Chapter. The FP, Flood Plain Overlay District regulations shall not be construed to allow any use or structure otherwise not allowed in the underlying zoning district where the property is located. The regulations and requirements imposed by the FP Flood Plain Overlay District shall be in addition to those established by all other districts of this 2 Title. The FP Flood Plain Overlay District shall be established based upon the specific information contained in the Flood Insurance Rate Map and the Flood Insurance Study for the City as adopted in section 11- 101 -7B of this Chapter. All aforementioned official road maps and documents are hereby adopted by reference and declared to be an integral part of this Chapter. 11- 101 -7: GENERAL PROVISIONS: A. Lands To Which The Chapter Applies: This Chapter shall apply to all lands within the jurisdiction of the City shown on the Official Zoning Map and the Flood Insurance Rate Map attached thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. B. Establishment Of Official Zoning Map: 1. Adoption: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this Chapter. The attached material shall include the Flood Insurance Study for Dakota County, Minnesota And Incorporated Areas, Flood Insurance Rate Map panels therein numbered 27037C0179E, 27037C0183E, 27037C0184E, 27037C0191E, 27037C0192E, 27037C0193E, 27037C0194E, 27037CO203E, 27037CO204E, 27037CO208E, 27037CO211E, 27037CO212E, 27037CO213E and 27037CO214E and the Flood Insurance Rate Map Index (Map Numbers 27037CINDIA, 27037CIND3A and 27037CIND4A), all dated December 2, 2011 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the City Clerk and the Zoning Administrator. C. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1 above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of floodway. D. Regional Flood Elevation For Lakes: The regional flood elevation for lakes shall be as defined in the current Flood Insurance Study for Dakota County, Minnesota And Incorporated Areas or the Lakeville Water Resources Management Plan, as amended to reference the NAVD88 vertical datum, for those lakes for which no base flood elevation has been determined. These elevations are as follows: Lake 'Regional Flood Elevation 3 Crystal Lake Goose Lake 936.1 1,083.8 Kingsley Lake 982.5 Lake Marion 984.6 Lee Lake 953.2 Orchard Lake 978.5 Raven Lake 1,100.2 E. Rules For Interpretation Of District Boundaries: 1. The boundaries of the Flood Plain Overlay District shall be determined by scaling distances on the Official Zoning Map. 2. Where interpretation is needed as to the exact location of the boundaries of the District as shown on the Official Zoning Map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation. 3. The decision of the City Engineer will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area in the flood plain if earlier, and other available technical data. 4. The persons appealing the location of the District boundary shall be given a reasonable opportunity to present their case and to submit their own technical evidence if they so desire in accordance with Chapter 7 of this Title. F. The Flood Insurance Rate Map adopted by reference may include flood plain areas that lie outside the boundaries of the City as of December 2, 2011. If any of these flood plain land areas are annexed to the city after December 2, 2011, the newly annexed flood plain lands shall be subject to the provisions of this Chapter immediately upon the date of annexation. n 11- 101 -9: ESTABLISHMENT OF ZONING DISTRICTS: A. Floodway Subdistricts: The area within the FP Flood Plain Overlay District is further divided into three (3) districts: 1. FW, Floodway District: The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 11- 101 -7B of this Chapter. 2. FF, Flood Fringe District: The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 11- 101 -7B of this Chapter as being within Zone AE but being located outside of the floodway. 3. GFD, General Flood Plain District: The General Flood Plain District shall include those areas designated as Zone A and Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 11- 101 -7B of this Chapter. B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this Chapter and other applicable regulations which apply to uses within the jurisdiction of this Chapter. Within the FW, Floodway; FF, Flood Fringe; and GFD, General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in Sections 11- 101 -11, 11- 101 -13 and 11- 101 -15 of this Chapter, shall be prohibited. In addition: 1. New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Chapter and specifically Section 11- 101 -21 of this Chapter. 2. Modifications, additions, structural alterations, normal maintenance and repair or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Chapter and specifically, Section 11- 101 -29 of this Chapter. 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 or architect as specified in the general provisions of this Chapter and specifically as stated in Section 11- 101 -23.G of this Chapter. 11- 101 -11: FW, FLOODWAY DISTRICT: A. Permitted Uses: 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial - commercial loading areas, parking areas, and airport landing strips. 3. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails including pedestrian bridges. 4. Residential lawns, gardens, parking areas, and play areas. 5. Public utilities, sanitary sewer, public water, storm sewer, and street and bridge improvements. B. Standards For Floodway Permitted Uses: 1. The use shall have a low flood damage potential. 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. C. Permitted Accessory Uses: None. D. Conditional Uses: 1. Structures accessory to the uses listed in subsection A of this Section, and the uses listed in subsection D2 through D8 of this Section. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, utility transmission lines, and pipelines. 5. Storage yards for equipment, machinery, or materials. 6. Placement of fill and construction of fences that obstruct flood flows. 7. Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 11- 101 -21.0 of this Chapter. 8. 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 for a frequency flood event equal to or less than the 10 -year frequency flood event. E. Standards For Floodway Conditional Uses: 1. All Uses: Except in areas designated for storm water management and deeded in drainage and utility easements or as outlots to the City, no structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use which, acting alone or in combination with existing or anticipated future uses, adversely affect the capacity of the floodway, or increase flood heights. Consideration of the effects of a proposed use shall be based upon the reasonable assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. All conditional use applications shall be accompanied by a floodway impact statement drafted by a registered professional engineer. The City Engineer shall be responsible for submitting the proposal and application to the Department of Natural Resources and any other governmental unit having jurisdiction over the area for review and comment. 2. Fill. a. Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. b. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long -term site development plan is submitted which includes an erosion /sedimentation prevention element to the plan. 7 C. As an alternative, and consistent with subsection E.2.b of this Section, dredge spoil disposal and sand and gravel operations may allow temporary, on -site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood but only after the City Council has approved an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder. 3. Accessory Structures: a. Accessory structures shall not be designed for human habitation. b. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (1) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow. (2) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. C. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP -2 floodproofing classifications in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP -3 or FP -4 floodproofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at it's largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards: (1) The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and (2) Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (3) To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure having a total net area of not less than one (1) square inch for every one (1) square foot of enclosed area subject to flooding. There must be openings on at least two (2) sides of the structure and the bottom of all openings must be no higher than one (1) foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Storage Of Materials And Equipment: a. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, is prohibited. b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily movable from the area within the time available after a flood warning in accordance with a plan approved by the City Council. 5. Garbage And Solid Waste Disposal: No conditional use permits for garbage and waste disposal sites shall be issued for floodway areas. There shall be no further encroachment upon the floodway at existing sites. 6. Structural Works: a. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the applicable provisions of Minnesota statute Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. b. A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood and the technical 0 analysis must assume equal conveyance or storage loss on both sides of a stream. 7. Floodway Alterations and Filling: a. Any floodway alteration or filling shall not cause a net decrease in flood storage capacity below the regulatory flood protection elevation unless it is shown that the proposed alteration or filling, together with an equal degree of flood storage reduction on all other land in the affected reach of the water body or watercourse, will not cause high water or aggravate flooding on other land and will not unduly restrict flood flows. b. Any alteration or filling that alters floodplain boundaries, including bridge crossings and /or regional ponds, and increases the regional food level due to an encroachment or obstruction in the floodway may be allowed provided that: (1) The applicant submits easements or other documentation in a form acceptable to the city demonstrating and recording the consent of the owner of any land affected by the increase in the regional flood level; (2) The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed and no detrimental impacts result, or adverse impacts are mitigated; (3) The action is consistent with this Chapter and state and federal regulations and a conditional and final letter of map revision is approved from the Federal Emergency Management Agency. 8. Drainage and Utility Easements: Drainage and utility easements shall be dedicated over areas in the floodway below the regulatory flood protection elevation of any water body, watercourse, or wetland or deeded to the City in an outlot in conjunction with subdivision of the land. 11- 101 -13: FF, FLOOD FRINGE DISTRICT: A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre- existing, underlying 10 zoning use districts exist, then any residential or non residential structure or use of a structure or land shall be a permitted use in the Flood Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe District "Permitted Uses" listed in Section 11- 101 -13.B of this Chapter and the "Standards for all Flood Fringe Uses" listed in Section 11- 101 -13.E of this Chapter. B. Standards For Flood Fringe Permitted Uses: 1. All principal and accessory structures shall be elevated on fill so that the lowest floor (including basement) at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1 below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen feet (15 beyond the outside limits of the structure erected thereon. For detached residential accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection, the fill shall extend at such elevation at least five feet (5 beyond the outside limits of the structure erected thereon. 2. Accessory Structures: As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 11- 101- 11.E.3.c of this Chapter. 3. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. C. Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with Section 11- 101- 13.B.1 and 2 or any use of land that does not comply with the standards in Section 11- 101- 13.B.3 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 11- 101 -13.D and E and 11- 101 -27 of this Chapter. D. Standards for Flood Fringe Conditional Uses: 1. Structural Floodproofing Standards: Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above - grade, enclosed 11 areas such as crawlspaces 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: a. the enclosed area is above grade on at least one side of the structure; b. is designed to internally flood and is constructed with flood resistant materials; and, C. is used solely for parking of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards: (1) Design And Certification: The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air - conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. (2) Specific Standards For Above- Grade, Enclosed Areas: Above- grade, fully enclosed areas such as crawlspaces or tuck under garages must be designed to internally flood and the design plans must stipulate: (a) A minimum area of automatic openings in the walls where internal flooding is to be used as a flood proofing technique. 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 automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the 12 automatic entry and exit of flood waters without any form of human intervention; and, (b) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. 2. Basements: Basements as defined in Section 11 -2 -3 of this Title shall be subject to the following: a Residential basement construction shall not be allowed below the regulatory flood protection elevation. b. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 11- 101- 13.D.3 of this Chapter. 3. Nonresidential Structures: All areas of non residential structures including basements to be placed below the regulatory flood protection elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP -1 or FP -2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted. 4. Erosion Control: When at any one time more than one thousand (1,000) cubic yards of fill or other 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 unless the respective flood plain area falls within a designated Shoreland Overlay District and shoreland regulations will be applied. In the absence of a State approved Shoreland Ordinance, the plan must clearly specify methods to be used to stabilize the fill on- site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and 13 certified by a registered professional engineering or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 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 City Council. E Standards For All Flood Fringe Uses: 1. Vehicular Access: All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. 2. Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. 3. Manufacturing and Industrial Uses - measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 11-101 - 13.E.2 of this Chapter above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 14 4. Fill For Construction: Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. 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 the initiation of site preparation if a change of special flood hazard area designation will be requested. 5. Flood Capacity: Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map. 6. Waste Treatment And Waste Disposal: a. No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to be taken in the event of flooding are prepared, filed with, and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters. b. There shall be no disposal of garbage or solid waste materials within flood fringe areas except upon issuance of a conditional use permit at sites approved by the Minnesota Pollution Control Agency and subject to the requirements of Chapter 4 of this Title. 11- 101 -15: GFD, GENERAL FLOOD PLAIN DISTRICT: A. Permitted Uses: 1. The uses listed as permitted uses in Section 11- 101 -11 of this Chapter are permitted uses in the General Flood Plain District. 15 2. All other uses shall be subject to the floodway /flood fringe evaluation criteria pursuant to Section 11- 101 -15.B below. Section 11- 101 -11 of this Chapter shall apply if the proposed use is in the Floodway District and Section 11- 101 -13 of this Chapter shall apply if the proposed use is in the Flood Fringe District. B. Procedures for Floodway and Flood Fringe Determinations Within the General Flood Plain District: Upon receipt of an application for a permit or other approval within the GFD District: 1. The applicant shall be required to furnish such of the following information as is deemed necessary for the determination of the regulatory flood protection elevation and whether the proposed use is in the FW, Floodway or the FF, Flood Fringe District: a. Typical valley cross section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross sectional areas to be occupied by the proposed development, high water information and peak discharge of the regional flood as identified in the Lakeville Water Resources Management Plan. b. Plan (surface view) showing the nature, locations, dimensions, and elevation of the lot, contours of the ground, fill; storage of materials; floodproofing measures; the arrangement of all proposed and existing structures on the site; locations and elevations of streets; existing and proposed utilities, septic tanks or water wells; existing land uses and vegetation upstream and downstream; soil type, and the relationship of the above to the location of the channel. C. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. d. Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred feet (500 in either direction from the proposed development. 2. The City Engineer shall determine whether the proposed use is located within a floodway or flood fringe area by computing the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 feet. A lesser stage increase than 0.5 feet shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the 16 stream within the reach shall be assumed in computing floodway boundaries. Upon such determination, the applicable conditions, provisions and restrictions shall be imposed. 3. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200\and 44 Code of Federal Regulations Part 65 shall be followed by the City Engineer in this evaluation. 11- 101 -17: SUBDIVISIONS: A. Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this Title and have road access both to the subdivision and to the individual building sites no lower than two feet (2 below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. B. Floodway /Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 11- 101 -15.B of this Chapter to determine the 100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. C. Removal Of Special Flood Hazard Area Designation: FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA requirements incorporate specific fill compaction and side slope protection standards for multi - structure or multi -lot developments. D. Easements: Flood storage, flowage and drainage easements shall be dedicated over areas in the floodway below the regulatory flood protection elevation of any water body, watercourse, or wetland or deeded to the City in an outlot in conjunction with the subdivision of land. 11- 101 -19: PUBLIC UTILITIES, RAILROADS, STREETS, AND BRIDGES: 17 A. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be floodproofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation and comply with the following setbacks: 1. Where a watercourse has a sinuous flow pattern and a meander belt can be identified, the setback for new underground utilities shall be set back fifteen feet (15 from the outer edge of the meander belt. 2. Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel alterations and /or the geomorphology of the channel, the setback established for new underground utilities shall provide for the potential for restoration and a sinuous flow pattern as follows: (a) Where there are existing encroachments that limit full restoration of the watercourse to the meander widths appropriate for the watercourse type, the setback shall be fifteen feet (15 from the reasonably achievable restoration width as determined by the city engineer for the meander belt given the existing encroachments. (b) Where full restoration is possible, the setback shall be fifteen feet (15 from a meander belt width defined as ten (10) times the bankfull channel width. The bankfull channel width of a stream, creek, or river is its width at bankfull stage; the water level in a watercourse where the flow just begins to leave the main channel and enter the active floodplain. (c) An assessment of the watercourse type may be completed, and meander belt widths established according to the stream type, in place of using the above formula as approved by the city engineer. 3. Utilities that require reaching or crossing the watercourse, are exempted from this section provided the minimum impact alignment is used. B. Public Transportation Facilities: Railroad tracks, streets, and bridges to be located within the FP Floodway and Flood Fringe Districts shall comply with this Chapter. All railroad tracks, streets, bridges, and major transportation facilities must be constructed at or above the regulatory 18 flood protection elevation where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Local streets or minor railroads may be constructed at an elevation two feet (2 below the regulatory flood protection 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: Where public utilities are not provided: 1) on -site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) new or replacement on -site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of 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 Chapter. 11- 101 -21: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES: A. Restrictions: New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 11- 101 -17 of this Chapter. B. Elevation And Anchoring: 1. The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in the FP District will be treated as a new structure and may be placed only if elevated in compliance with subsection 11- 101 -13 of this Chapter. 2. 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 local anchoring requirements for resisting wind forces. 3. If vehicular street access for pre- existing manufactured home parks is not provided for in accordance with Section 11- 101- 13.E.1 of this Chapter, then replacement manufactured homes will not be allowed 19 until a flood warning emergency plan is prepared by the property owner and approved by the city council. C. Recreational Vehicles: Recreational vehicles that do not meet the exemption criteria specified in Section C1 of this Section shall be subject to the provisions of this Chapter and as specifically spelled out in Sections C3 of this Section. 1. Exemptions: Recreational vehicles are exempt from the provisions of this Chapter if they are placed in any of the areas listed in subsection C2 of this Section, and further they meet the following criteria: a. Have current licenses required for highway use. b. Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 2. Areas Exempted For Placement Of Recreational Vehicles: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. C. Existing condominium type associations. 3. Development: a. Recreational vehicles exempted in Section C1 of this Section, lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00)for a structural addition to the recreational vehicle or an accessory structure such as a garage or storage building. b. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation /floodproofing requirements and the use of land restrictions specified in Sections 11- 101 -11 and 11- 101 -13 of this Chapter. C. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. 20 11- 101 -23: ADMINISTRATION: A. Permit Requirements: A permit issued by the Zoning Administrator in conformity with the provisions of this Chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair),or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure or land; prior to the construction of a dam, fence, or on -site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. B. Application And Fee: A permit shall be applied for from the Zoning Administrator in accordance with the provisions of Section 11 -8 -5 of this Title. Said application shall be made in duplicate and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. The application fee amount will be in accordance with City resolution and shall be required for each use permit. C. Security: 1. Upon approval of a permit required by this Chapter, the City shall be provided with financial security in accordance with Section 11 -9 -19 of this Title. 2. The financial security shall be in the amount of the City Engineer's and /or City Building Official's estimated costs of labor and materials for the proposed improvements or development. 3. The City shall hold the security until completion of the proposed improvements or development at which time a certificate of occupancy indicating compliance with the use permit and codes and ordinances of the City may be issued by the City Building Official and said security released. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect. 21 D. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. E. Certificate Of Zoning Compliance For New, Altered, Or Nonconforming Use: It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Chapter. F. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates Of Zoning Compliance: Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this Chapter, and punishable as provided by Chapter 10 of this Title. G. Certification: The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect. H. Record Of First Floor Elevation: The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and /or alteration additions to structures are floodproofed. I. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant 22 has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). J. Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon'as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. 11- 101 -25: AMENDMENTS AND VARIANCES: A. In addition to the procedures and requirements for amendments and variances as established in Chapters 3 and 6 of this Title, the commissioner of Natural Resources shall be given at minimum ten (10) days notice of any public hearing, and a review and written report must be obtained from the Minnesota Department of Natural Resources and any other governmental body or commission having jurisdiction for such changes, additions or modifications affecting an FP, Flood Plain Overlay District. The commissioner of Natural Resources shall be advised in writing of all decisions made regarding variances and amendments within ten (10) days of the final decision. B. No variance or amendment shall have the effect of allowing a prohibited use within an FP District, permit a lesser degree of flood protection than the regulatory flood protection elevation, and /or permit standards lower than those required under applicable State law. C. Amendments: 1. The flood plain designation on the Official Zoning Map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. 2. Changes in the Official Zoning Map must meet the FEMA technical conditions and criteria and must receive prior FEMA approval before adoption. The commissioner of Natural Resources must be given ten (10) days 23 written notice of all hearings to consider an amendment to this Chapter and said notice shall include a draft of the amendment or technical study under consideration. Variances: 1. In addition to the criteria established by section 11- 6-5 of this title, the variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances shall 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 shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 2. The Zoning Administrator shall notify the applicant for a variance 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 $25.00 for $100.00 of insurance coverage, and b) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biannual report submitted to the administrator of the National Flood Insurance Program. 24 11- 101 -27: CONDITIONAL USES: Conditional uses require a conditional use permit based upon procedures set forth in, and regulated by, Chapter 4 of this Title and the following provisions: A. The Zoning Administrator shall require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: 1. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures and the relationship of the above to the location of the stream channel; and 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. B. The City Engineer shall evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters to determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. C. Supplementary Considerations: In acting upon the conditional use application, the City Council shall consider all relevant factors specified in section 11 -4 -3E of this Title in addition to: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. 3. The water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the community. 25 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the Comprehensive Plan and flood plain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 12. Such other factors which are relevant to the purposes of this Chapter. D. Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purposes of this Chapter, the City Council may attach such conditions to the granting of conditional use permits, as it deems necessary to fulfill the purposes of this Chapter. Such conditions may include, but are not limited to, the following: 1. Modification of waste treatment and water supply facilities. 2. Limitations on period of use, occupancy, and operation. 3. Imposition of operational controls, sureties, and deed restrictions. 4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. 5. Floodproofing measures, in accordance with the State Building Code and this Chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. E. The commissioner of Natural Resources shall be given at minimum ten (10) days notice of the required public hearing C and shall be advised in writing of decisions made concerning any conditional use within ten (10) days of the final decision. 11- 101 -29: NON - CONFORMING USES: In addition to the provisions of Chapter 15 of this Title, a structure or the use of a structure or premises which was lawful before the passage or amendment of the FP District but which is not in conformity with the provisions of this Chapter may be continued subject to the following conditions: A. No such use shall be expanded, changed, enlarged or altered in a way that increases its nonconformity. B. Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP -1 thru FP -4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Section 11- 101-29.D of this Title below. C. Section 11- 15 -3.D.2 of this Title shall not apply within the FP District. If any nonconforming use or structure is substantially damaged, as defined in Section 11 -2 -3 of this Title, it shall not be reconstructed except in conformity with the provisions of this chapter. D. If a substantial improvement occurs, as defined in Section 11 -2 -3 of this Title, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 11- 101 -11 or 11- 101 -13 of this Chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP -1 or FP -2 dry floodproofing requirements of Section 11- 101 -11 or 11- 101 -13 of this Ordinance for new structures and the existing structure must also meet the elevation on fill or FP -1 or FP -2 dry floodproofing requirements of Section 11- 101 -11 or 11- 101 -13 of this Ordinance for new structures if any alteration is made to the common wall in excess of installing a standard doorway. 27 E. Historic structures, as defined in Section 11 -2 -3 of this Title, shall be subject only to the provisions of Sections A, B and C of this Section. Section 2. This ordinance shall be in full force and effect upon its passage and publication according to law. ADOPTED by the City Council of the City of Lakeville, Minnesota, this 19 day of September, 2011. CITY OF LAKEVILLE BY: II ILA ed--�— Mark Bellows, Mayor I_Wi arlene Friedges, City Fes•' SUMMARY ORDINANCE NO. 883 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE), CHAPTER 101 (THE FP, FLOOD PLAIN OVERLAY DISTRICT) OF THE LAKEVILLE CITY CODE This ordinance amends the City's zoning ordinance concerning the flood plain overlay district. Wording and substantive changes have been made to the text of the requirements of the FP, flood plain overlay district. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 19 day of September, 2011. CITY OF LAKEVILLE BY: j4jm,- i jr Mark Bellows, Mayor PUBLIC NOTICE SUMMARY ORDINANCE NO. 883 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 11 (THE ZONING ORDINANCE), CHAPTER 101 (THE FP, FLOOD PLAIN OVERLAY DISTRICT) OF THE LAKEVILLE CITY CODE This ordinance amends the City's zoning ordinance concerning the flood plain overlay district. Wording and substantive changes have been made to the tett of the requirements of the FP, flood plain overlay district A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Min- nesota, this 19th day of September, 2011. CITY OF LAKEVILLE BY: ATTEST: Mark Bellows, Mayor Charlene Friedges, City Clerk 2763953 9/29/11 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Thursday, the 29th day of September, 2011, and was therefore printed and published on every Thursday to and including Thursday, the 29th day of September, 2011, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdcfghijklmnopgrstuvw yz %23,,;) Subscribed and sworn to before me on this 29th day of September, 2011 Notary Public R SQ,4 Managing Editor JANICE ROSE SCOTT Notary Public -Minnesota My Commission Expires Jan 31, 2014 2763953