HomeMy WebLinkAbout90-04
"FLDORD"
CITY OF PRIOR LAKE
FLOOD PLAIN MANAGEMENT ORDINANCE
ORD. 90-04
AN ORDINANCE AMENDING IN THEIR ENTIRETY CITY OF PRIOR LAKE CITY
CODE TITLE 5A AND CITY OF PRIOR LAKE FLOOD PLAIN ORDINANCE 78-13.
The City Council of the City of Prior Lake doew hereby ordain:
Title 5A of the Prior Lake city Code, and the Prior Lake Flood
Plain Ordinance 78-13 are hereby amended in their entirety by
deleting the current provisiona and substituting the following
provisions:
SECTION:
5A-l-l:
5A-2-1:
5A-3-l:
5A-4-1:
5A-5-1:
5A-6-1:
5A-7-l:
5A-8-1:
5A-9-1:
5A-lO-l:
5A-ll-l:
5A-12-1:
Statutory Authorization
General provisions
Definitions
Flood Plain District
Permitted and Conditional Uses
Subdivisions
Public utilities
Travel Trailers/Vehicles
Administration
Nonconforming Uses
Penalties for Violation
Amendments
SECTION 1: STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
1.1 STATUTORY AUTHORIZATION: The legislature of the state
of Minnesota has, in Minnesota Statutes Chapter 104 and
462 (Zoning Enabling Statute) delegated the
responsibility to local government units to adopt
regulations designed to minimize flood losses.
Therefore, the City Council of Prior Lake, Minnesota
does ordain as follows:
1.2 FINDINGS OF FACT:
(A) The flood hazard areas of Prior Lake, Minnesota,
are subject to periodic inundation which results in
potential loss of life, loss of property, health
and safety hazards, disruption of commerce and
governmental services, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely
affect the public health, safety, and general
welfare.
(B) Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of
analyzing flood hazards which is consistent with
the standards established by the Minnesota
Department of Natural Resources.
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1.3 STATEMENT OF PURPOSE: It is the purpose of this
Ordinance to promote the public health, safety, and
general welfare and to minimize those losses described
ln Chapter 1.2 by provisions contained herein.
SECTION 2: GENERAL PROVISIONS
2.1 LANDS TO WHICH ORDINANCE APPLIES: This ordinance
shall apply to all lands within the jurisdiction of
Prior Lake, Minnesota shown on the Flood Insurance Rate
Map and the attachments thereto as being located within
the boundaries of the area designated as Zone A2 (Spring
Lake) and A7 (Prior Lake) and the Unnumbered A Zones
surrounding pike Lake.
2.2 ESTABLISHMENT OF OFFICIAL MAP: The Flood Insurance
Rate Map dated September 29, 1978, is hereby adopted by
reference and declared to be a part of this Ordinance.
A Flood Insurance Rate Map has been published for Prior
Lake and the Regulatory Floodway Boundary is shown on
the map. The Flood Insurance Study for the City of
Prior Lake prepared by the Federal Insurance
Administration dated March 1978 is also declared to be a
part of this Ordinance. The Official Flood Map shall be
on file in the Office of the Director of Planning.
2.3 REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory
Flood Protection Elevation shall be the elevation of the
Regional Flood plus any increases in flood elevation
caused b~ encroachments on the flood plain that result
from des1gnation of a floodway.
2.4 INTERPRETATION:
(A) In their inter~retation and application, the
provisions of th1S Ordinance shall be held to be
minimum requirements and shall be liberally
construed in favor of the City of Prior Lake and
shall not be deemed a limitation or repeal of any
other powers granted by State Statutes.
(B) The boundaries of the Flood Plain District shall
be determined by reference to the Flood Insurance
Rate Map. Where interpretation is needed as to the
exact location of the boundaries of the Flood Plain
District, for example where there appears to be a
conflict between a ma~ped boundary and actual field
conditions and there 1S a formal appeal of the
decision of the Director of Planning, the Planning
Commission shall make the necessary interpretation.
All decisions will be based on elevations of the
regional (lOO-~ear) flood profile and other
available techn1cal data.
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2.5 ABROGATION AND GREATER RESTRICTIONS: It is not
intended by this Ordinance to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance
shall prevail. All other ordinances inconsistent with
this Ordinance are hereby repealed to the extent of the
inconsistency only.
2.6 WARNING AND DISCLAIMER OF LIABILITY: This Ordinance
does not imply that areas outside the Flood Plain
District or land uses permitted within such districts
will be free from flooding or flood damages. This
Ordinance shall not create liability on the part of the
City of Prior Lake or any officer or employee thereof
for any flood damages that result from reliance on this
Ordinance or any administrative decision lawfully made
thereunder.
2.7 SEVERABILITY: If any Cha~ter, clause, provision, or
portion of this Ordinance 1S adjudged unconstitutional
or invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected
thereby.
SECTION 3: DEFINITIONS
Unless specifically defined below, words or phrases used
in this Ordinance shall be interpreted so as to give
this Ordinance its most reasonable application.
ACCESSORY STRUCTURE OR USE - Any subordinate building or
use customarily incidental and subordinate to the
principal use and located on the same lot as the
principal use.
BASEMENT - Means any area of a structure, including
crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless
of the depth of excavation below ground level.
CONDITIONAL USE - A specific type of structure or land
use listed in the official control that may be
allowed but only after an in-depth review procedure
and with appropriate conditions or restrictions as
provided by the City Council, zoning controls
and/or building codes and upon a finding that: (1)
Certain conditions as detailed in the zoning
ordinance exist and (2) The structure and/or land
use conform to the Comprehensive Land Use Plan and
is compatible with the existing neighborhood.
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E UAL DEGREE OF ENCROACHMENT a method of
determ1n1ng the ocat1on 0 loodway boundaries so
that flood plain lands on both sides of a stream
are capable of conveying a proportionate share of
flood flows.
FLOOD - a temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
FLOOD FREQUENCY - the frequency for which it is expected
that a specific flood stage or discharge may be
equalled or exceeded.
FLOOD PLAIN - the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or
hereafter may be covered by the regional flood.
FLOOD-PROOFING - a combination of structural provisions,
changes, or adjustments to pro~erties and
structures subject to flooding, primar1ly for the
reduction or elimination of flood damages.
FLOODWAY - the bed of a wetland or lake and the channel
of a watercourse and those portions of the
adjoining flood plain which are reasonably required
to carry or store the regional flood discharge.
OBSTRUCTION - any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation,
channel modification, culvert, building, wire,
fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood plain
which may impede, retard, or change the direction
of the flow of water, either 1n itself or by
catching or collecting debris carried by such
water.
PRINCIPAL USE OR STRUCTURE - The main use to which the
premises are devoted and the principal purpose for
which the premises exist.
REGIONAL FLOOD - a flood which is representative of
large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can
be expected to occur on an average frequency in the
magnitude of the 100-year recurrence interval.
Regional flood is synonYmous with the term "base
flood" used in the Flood Insurance Study.
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REGULATORY FLOOD PROTECTION ELEVATION - The
Flood Protection Elevation shall be the
of the regional flood plus any increases
elevation caused by encroachments on
plain that results from designation of a
Regulatory
elevation
in flood
the flood
floodway.
STRUCTURE - Anything constructed or erected, the use of
which requires a fixed location on the ground or
any attachment of something having a fixed location
on the ground, including but not limited to
buildings, factories, sheds, detached garages,
cabins, manufactured homes, travel
trailers/vehicles not meeting the exemption
criteria specified in Section 8.3 of the ordinance
and billboards, carports, porches, and other
building features but not including sidewalks,
drives, fences and patios.
VARIANCE A modification of a specific permitted
development standard required in an official
control including this ordinance to allow an
alternative development standard not stated as
acce~table in the official control, but only as
appl1ed to a particular property for the purpose of
alleviating a hardship, practical difficulty or
unique circumstance associated with the property.
SECTION 4: FLOOD PLAIN DISTRICT
4.1 FLOOD PLAIN DISTRICT. The Flood plain District shall
include those areas designated as Zone A-2 and A-7 on
the Flood Insurance Rate Map adopted in Section 2.2.
4.2 COMPLIANCE: No new structure or land shall hereafter be
used and no structure shall be located, extended,
converted, or structurally altered without full
compliance with the terms of this Ordinance and other
applicable regulations which apply to uses within the
jurisdiction of this Ordinance. Within the Flood Plain
District, all uses not listed as permitted uses or
conditional uses in Sections 5.1 and 5.3 that follow,
shall be prohibited. In addition, a caution is provided
here that:
(A)
MOdifications, additions, structural alterations or
repair after damage to existing nonconforming
structures and nonconforming uses of structures or
land are regulated by the general provisions of
this Ordinance and specifically Section 10; and
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(B) As-built elevations for elevated or flood proofed
structures must be certified by ground surveys and
flood proofing techniques must be desi9ned and
certified by a re9istered professional eng1neer or
architect as spec1fied in the general provisions of
this Ordinance and specifically as stated in
Section 9.2(E) of this Ordinance.
SECTION 5: PERMITTED AND CONDITIONAL USES
5.1 PERMITTED USES:
The following uses shall be permitted uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A) Open Space, Recreation, Retaining Walls, Stairs,
Platforms and Fill approved in conjunction with a
development proposal.
(B) Accessory structures provided the~ comply with the
provision of Section 5.4(E) of th1S Ordinance.
(C) Fill may be a permitted use provided that it is
part of a development project and is accompanied by
an approved building permit and/or grading and
filling permit. Fill shall be protected from
erosion by vegetative cover, mulching, rip rap or
any other acceptable method, approved in advance by
the Cit~ of Prior Lake. All buildin9 permits for
lands w1thin the Flood Plain Distr1ct shall be
forwarded to the Department of Natural Resources
for review and approval according to the procedures
outlined in Section 9 of this Ordinance.
(D) Residence and other structures constructed on fill
so that the basement floor or first floor, if there
is no basement, is at or above the regulatory flood
protection elevation. The finished fill elevation
shall be no lower than one (1) foot below the
regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative
covering, approved in advance by the City of Prior
Lake.
5.2 STANDARDS FOR PERMITTED USES:
(A) The use shall have low flood damage potential.
(B) The use shall be permissible in the underlying
zoning district.
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(C) The use shall not adversely affect the regional
flood elevation or cause a measurable increase in
the stage of the 100-year or regional flood or
cause a considerable increase in flood damages in
the reach or reaches affected.
(D) Residences that do not have vehicular access at or
above an elevation not more than two (2) feet below
the regulatory flood protection elevation shall not
be permitted unless granted a variance by the Prior
Lake Planning Commission. In 9ranting a
variance, the Prior Lake Planning Comm1ssion shall
specify limitations on the period of use or
occupancy of the residence.
(E) Where existing streets, utilities, and small lot
sizes preclude the use of fill, other methods of
elevating the first floor (including basements)
above the regulatory flood protection elevation,
may be permitted provided appropriate variances are
granted by the Planning Commission and provided
that the residence is flood-proofed in accordance
with the state Building Code.
5.3 CONDITIONAL USES:
The following uses shall be conditional uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A) Marinas, boat rentals, piers, wharves, and water
control structures. Railroads, streets, bridges,
utility transmission lines, and pipelines.
(B)
Flood control structural works
dikes and floodwalls intended to
structures and or agricultural
flood equal to or less than a
flood event.
such
protect
crops
10-year
as levees,
individual
against a
frequency
5.4 STANDARDS FOR CONDITIONAL USES:
(A) All Uses. No structure (temporary or permanent),
fill (including fill for roads and levees),
deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as
Conditional Use that will adversely affect the
regional flood elevation or cause a considerable
increase in flood damages in the reach or reaches
affected.
All Conditional Uses shall be subject to the
procedures and standards contained herein.
(C) The Conditional Use shall be permissible in the
underlying Zoning District.
(B)
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(D) STORAGE OF MATERIALS IN FLOOD PLAIN DISTRICT:
(1) Dredge spoil, fill and all other similar
materials deposited or stored in the flood plain
shall be protected from erosion by vegetative
cover, mulching, rip rap or other acceptable
method, approved in advance, by the City of Prior
Lake.
(2) 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.
(3) As an alternative, and consistent with
Subsection (2) immediately above, 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 Director of Planning has received
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 filed by the property owner with the
Office of the Scott County Recorder.
(E) ACCESSORY STRUCTURES:
(1) Accessory structures shall not be designed for
human habitation.
(2) Accessory structures, if permitted, shall be
constructed and placed on the building site so as
to offer the minimum obstruction to the flow of
flood waters.
(3) Accessory structures shall be elevated on fill
or structurally dry flood-proofed in accordance
with the FP-l or FP-2 flood-proofing classification
in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the
FP-3 or FP-4 flood proofing classification in the
State Building Code provided the accessory
structure constitutes a minimal investment, does
not exceed 832 square feet in size, and for a
detached garage, the detached garage must be used
solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet
the following additional standards, as
appropriate:
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(a) 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
(b) Any mechanical and utility
structure must be elevated to
Regulatory Flood Protection
properly flood proofed.
(F) STORAGE OF MATERIALS AND EQUIPMENT:
equipment in a
or above the
Elevation or
(1) The storage or processing of materials that
are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant
life is prohibited.
(2) storage of other materials or equipment may be
allowed if readily removable from the area within
the time available after a flood warning and in
accordance with a plan approved by the City
Council.
(G) 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
provisions of Minnesota Statute, Chapter 105.
Community-wide structural works for flood control
intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
(H) A levee, dike or floodwall constructed in the
floodway shall not cause an increase to the
100-year or regional flood and the technical
analysis must assume equal conveyance or storage
loss on both sides of a stream.
SECTION 6: SUBDIVISIONS
6.1 No land shall be subdivided which is deemed unsuitable
by the city of Prior Lake for reason of flooding,
inadequate drainage, inadequate water supply or sewage
treatment facilit1es. All lots within the Flood Pla1n
District shall contain a building site at or above the
regulatory flood protection elevation. All subdivisions
shall have water and sewage disposal facilities that
comply with the provisions of this Ordinance and have
road access no lower than two (2) feet below the
regulatory flood protection elevation. In the
Flood Plain District, applicants shall provide the
information required in 9.4(C) and the subdivision shall
be evaluated in accordance with procedures therein.
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SECTION 7: PUBLIC UTILITIES; PUBLIC TRANSPORTATION FACILITIES
7.1 PUBLIC UTILITIES: All public utilities and facilities
such as gas, electrical, sewer and water supply systems
to be located in the flood plain shall be flood proofed
in accordance with the state Building Code or elevated
to above the Regulatory Flood Protection Elevation.
7.2 PUBLIC TRANSPORTATION FACILITIES. Transportation
facilities such as roads and bridges to be located
within the flood plain shall comply with Chapter 4 of
this Ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or
interruption of these transportation facilities would
result in danger to the public health or safety or where
such facilities are essential to the orderly functioning
of the area. Minor or auxiliary roads may be
constructed at a lower elevation where failure or
interruption of transportation services would not
endanger the public health or safety.
SECTION 8: TRAVEL TRAILERS/VEHICLES AND MANUFACTURED HOMES
8.1 New manufactured home parks shall be subject to the
provisions placed on subdivisions by section 6 of this
Ordinance.
8.2 The placement of new or replacement of manufactured
homes on individual lots of record that are located in
the Flood Plain District will be treated as a new
structure and may be placed only if elevated in
compliance with Section 5 of this Ordinance.
A. All manufactured homes must be securely anchored
to an adequatel~ anchored foundation system that
resists floatat1on, 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.
8.3 Travel trailers and travel vehicles that do not meet the
exemption criteria specified in Section 8.3A below shall
be subject to the provisions of this Ordinance and as
specifically spelled out in Section 8.3(B) below.
(A)
Exemption - Travel trailers and travel vehicles
exempt from the provisions of this Ordinance
they are placed in any of the areas listed
Section (B) below and further if they meet
following criteria:
are
if
in
the
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1. Have current licenses required for highway
use.
2. Are highway ready, that is that they are on
wheels or on the internal jacking system, are
attached to the site only by quick disconnect
type utilities commonly used in campgrounds
and trailer parks and the travel
trailer/travel vehicle has no permanent
structural type additions attached to it.
3. The travel trailer or travel vehicle and
associated use must be permissible in any
pre-existing, underlying zoning district.
(B) Areas exempted for placement of travel/recreational
vehicles:
1. Individual lots or parcels of record.
(C) Travel trailers and travel vehicles exempted in
8.3(A) lose this exemption when development occurs
on the parcel exceeding $500.00 dollars for a
structural addition to the travel trailer/travel
vehicle or an accessory structure such as a garage
or storage building. The travel trailer/travel
vehicle and all additions and accessory structures
will then be treated as a new structure and shall
be subject to the elevation/flood proofing
requirements and the use of land restrictions
specified in Sections 4 and 5 of this Ordinance.
8.4 New commercial travel trailer or travel vehicle parks or
campgrounds and new residential type subdivisions and
condominium associations and the expansion of any
existing similar use or dwelling sites shall be
subject to the following:
(A) Any new or replacement travel trailer or travel
vehicle will be allowed in the Flood Plain District
provided said trailer or vehicle and its contents
are placed on fill above the Regulatory Flood
Protection Elevation and proper elevated road
access to the site exists. Any fill ~laced in the
Flood Plain for the purpose of elevat1ng a travel
trailer shall be subject to the requirements of
Section 4.
(B) All new or replacement travel trailers or travel
vehicles not meeting the criteria of (A) above may,
as an alternative, be allowed as a Conditional Use
if in accordance with the following provisions of
9.4 of the Ordinance. The applicant must submit an
emergency plan for the safe evacuation of all
vehicles and people during the 100 year flood.
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Said plan shall be prepared by a registered
engineer and shall demonstrate that adequate time
and personnel exist to carry out the evacuation.
All attendant sewage and water facilities for new
or replacement travel trailers or other
recreational vehicles must be protected or
constructed so as to not be impaired or
contaminated during times of flooding.
SECTION 9: ADMINISTRATION
9.1 DIRECTOR OF PLANNING: The Director of Planning
designated by the City of Prior Lake shall administer
and enforce this Ordinance. If the Director of Planning
finds a violation of the provisions of this Ordinance,
he/she shall notify the person responsible for such
violation in accordance with the procedures stated in
Section 11 of the Ordinance.
9.2 PERMIT REQUIREMENTS: A permit issued by the Director of
Planning or his/her designee, in conformity with the
provisions of this Ordinance shall be secured prior to
the erection, addition or alteration of any building,
structure or portion thereof; prior to the use or change
of use of a building, structure, or land; prior to the
change or extension of a nonconforming use; and prior to
the placement of fill, excavation of materials, or the
storage of material or equipment within the flood
plain.
(A) APPLICATION FOR PERMIT: Application for a permit
within the Flood Plain District, shall be made in
duplicate to the Director of Planning on forms
furnished by the Planning Department and shall
include the following where applicable: A
Certificate of Survey is required showing the legal
description of the propert~, dimensions of
property, location of existlng and proposed
structures on the site, location of well and septic
system, walks, driveways, and other improvements.
Elevations including lowest floor, garage floor,
street at center of driveway and property corners
and the location of the foregoing in relation to
the Regulatory Flood Plain elevation. All
elevations will be field verified b~ the City of
Prior Lake Building Official or des1gnee.
(B) ADMINISTRATIVE REVIEW: A copy of the Flood Plain
building permit and/or Flood Plain excavating and
filling permit application and submission materials
will be forwarded to the Commissioner of Natural
Resources for review and comment. The Department of
Natural Resources and City permit review process
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will be conducted concurrently. In the event that
no response is received by the city of Prior Lake
within ten days of notification to the Department
of Natural Resources, it will be determined that
there is no objection to issuance of the permit. A
permit will be issued by the City upon approval of
both the Department of Natural Resources and City
of Prior Lake. In the event that consensus cannot
be reached concernin9 the conditions of permit
approval, a hearin9 w1lI be scheduled before the
Prior Lake Plann1ng Commission to decide the
matter.
(C) STATE AND FEDERAL PERMIT: Prior to granting a
permit or processing an application for a
Conditional Use Permit or Variance, the applicant
shall verify that all necessary State and Federal
Permits have been applied for and/or issued.
(D) ZONING CERTIFICATE FOR NEW, ALTERED OR
NON-CONFORMING 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 Zoning
Certificate has been issued by the Director of
Planning stating that the use of the building or
land conforms to the requirements of this
Ordinance.
(E) CONSTRUCTION AND USE TO BE AS PROVIDED ON
APPLICATIONS, PLANS, PERMITS, VARIANCES AND ZONING
CERTIFICATES: Permits, Conditional Use Permits, or
Zoning Certificates 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
Ordinance, and punishable as provided by Section 11
of this Ordinance.
(F) CERTIFICATION: The ap~licant shall be required
to submit certificat10n by a registered
professional engineer, registered architect or
re9istered land surveyor that the finished fill and
bUllding elevations were accomplished in compliance
with the provisions of this ordinance. Flood
proofing measures shall be certified by a
registered professional engineer or registered
architect.
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(G) RECORD OF FIRST FLOOR ELEVATION: The Director of
Planning 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 Director of
Planning shall also maintain a record of the
elevation to which structures and alterations or
additions to structures are flood proofed.
9.3 BOARD OF ADJUSTMENT:
(A) ADMINISTRATIVE REVIEW: The Planning Commission
shall h~ar and decide ~ppeals where it is alleged
there 1S an error 1n any order, requirement,
decision or determination made by an administrative
official in the enforcement or administration of
this Ordinance.
(B) VARIANCES: The Planning Commission may authorize a
variance from the terms of this Ordinance if it is
found that such action is not contrary to the
public interest; that a defined hardship exists and
or that unique characteristics of the property
under consideration require special consideration.
In the 9ranting of such a variance, the Planning
Commiss1on shall clearly identify, in writing, the
specific conditions that exist which justify the
granting of the variance. No variance shall have
the effect of allowin9 in any district, uses
prohibited in that distr1ct, permit a lower degree
of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or
permit standards lower than those required by State
law.
(C) HEARINGS: Upon filing with the Planning Commission
an appeal from a decision of the Director of
Planning, or an application for a variance, the
Planning Commission shall fix a reasonable time for
a hearing and give due notice to the ~arties of
interest as specified by law. The D1rector of
Planning shall submit by mail, to the Commissioner
of Natural Resources, a copy of the application for
proposed variances sufficiently in advance so that
the Commissioner will receive at least ten days
notice of the hearing.
(D)
DECISIONS:
a decision
(30) days.
Commission
conformity
reverse or
The Planning Commission shall arrive at
on such appeal or variance within thirty
In passing upon an appeal, the Planning
may, so lon9 as such action is in
with the prov1sions of this Ordinance,
affirm, wholly or in part, or modify the
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order, requirement, decision or determination of
the Director of Planning or other public official.
It shall make its decision in writing setting forth
the findings of fact and the reasons for its
decisions. In granting a variance the Planning
Commission may prescribe appro~riate conditions
and safeguards such as those spec1fied in Chapter
9.4(F) which are in conformity with the ~urposes of
this Ordinance. violations of such cond1tions and
safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a
violation of this Ordinance punishable under
Section 11. A copy of all decisions granting
variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10)
days of such action.
(E) APPEALS: Appeals from any decision of the Planning
Commission may be made, by a property owner, agent
or an~ person ag9rieved by the decision of the
Plann1n9 Commiss1on. A notice of appeal shall be
filed w1th the City Manager, stating the specific
grounds upon which the appeal is made within five
(5) working days after the date of the order of the
Planning Commission. The City Council shall then
hear such appeal and shall make its decision by
resolution or motion within a reasonable time
after the date of the City Council hearing.
Appeals from any decision of the City Council of
Prior Lake may be taken by any person or persons,
jointly or severally, aggrieved by any decision of
the Council, to the district court of this
jurisdiction as provided in Minnesota Statutes
462.361.
(F) FLOOD INSURANCE NOTICE AND RECORD KEEPING: The
Director of Planning shall notify the applicant for
a variance that: 1) The issuance of a variance to
construct a structure below the base flood level
will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of
insurance coverage and 2) Such construction below
the 100-year or regional flood level increases
risks to life and ~roperty. Such notification
shall be maintained w1th a record of all variance
actions. The City shall maintain a record of all
variance actions, including justification for their
issuance, and report such variances issued in its
annual or biennial report submitted to the
Administrator of the National Flood Insurance
Program.
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9.4 CONDITIONAL USES: All Conditional Use Permits shall be
submitted to the Planning Commission for Public Hearing
then the recommendation of the Planning commission shall
be forwarded to the City Council for final action.
Applications shall be submitted to the Director of
Planning who shall forward the application to the
Planning Commission and City Council for
consideration.
(A) HEARINGS: Upon filing with the Director of
Planning an application for a Conditional Use
Permit, the Director of Planning shall submit by
mail to the Commissioner of Natural Resources a
copy of the application for proposed Conditional
Use sufficiently in advance so that the
Commissioner will receive at least ten days notice
of the hearing.
(B) DECISIONS: The Planning Commission shall arrive at
a decision on a Conditional Use within 45 days of
the public hearing date. The recommendation of the
Planning Commission shall be forwarded to the City
Council for review. In granting a Conditional Use
Permit the Planning Commission and City Council
shall prescribe ap~ropriate conditions and
safeguards, in addit10n to those specified in
Chapter 9.4(F), which are in conformity with the
purpose of this Ordinance. violations of such
conditions and safeguards, when made a part of the
terms under which the Conditional Use Permit is
granted, shall be deemed a violation of this
Ordinance punishable under Section 11. A copy of
all decisions granting Conditional Use Permits
shall be forwarded by mail to the commissioner of
Natural Resources within ten (10) days of such
action.
(C) CONDITIONAL USE PERMIT REVIEW CRITERIA:
(1)
The applicant must furnish
information and any other data
Director of Planning to
suitability of the particular
proposed use:
the following
required by the
determine the
site for the
(a) PLANS in triplicate drawn to scale showing
the nature, location, dimensions, and
elevation of the lot, existing or proposed
structures, fill, storage of materials, flood-
proofing measures, and the relationship of the
above to the Regulatory Flood Protection
Elevation.
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(b) SPECIFICATIONS: for building construction
and materials, flood-proofing, filling,
dredging, gradin9, channel improvement,
storage of materlals, water supply and
sanitary facilities.
(2) The Director of Planning shall transmit one
copy of the information described in
subsection (a) to the City Engineer or other
expert consultant or agency for technical
assistance, where necessary, in evaluatin~ the
proposed project in relation to flood he1ghts
and velocities, the seriousness of flood
damage to the use, the adequacy of the plans
for protection, and other technical matters.
(3) Based upon the technical evaluation of the
desi~nated engineer or ex~ert, the Planning
Comm1ssion and City Counc1l shall determine
the specific flood hazard at the site and
evaluate the suitability of the proposed use
in relation to the flood hazard.
(D) CONDITIONAL USE PERFORMANCE STANDARDS: In order to
approve a Conditional Use Permit application, the
Planning Commission and City Council shall
consider all relevant factors specified in other
sections of this Ordinance, and:
(1) The danger to life and propert~ due to
increased flood heights or velocit1es caused
by encroachments.
(2)
The danger that materials may be
other lands or downstream to the
others or they may block bridges,
other hydraulic structures.
swept onto
injury of
culverts or
(3)
The proposed water supply and
systems and the ability of these
prevent disease, contamination and
conditions.
sanitation
systems to
unsanitary
(4)
The susceptibility of the
and its contents to flood
effect of such damage on
owner.
proposed facility
damage and the
the individual
(5) The importance of the services ~rovided by the
proposed facility to the communlty.
(6) The requirements of the facility
waterfront location.
for
a
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(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 hei9hts, velocity, duration, rate
of rise, and sed1ment transport of the flood
waters expected at the site.
(12) Such other factors which are relevant to the
purposes of this Ordinance.
(E) CONDITIONAL USE REVIEW PERIOD: The Planning
Commission shall act on the application in the
manner described above within forty-five (45) days
from receiving the application, except that where
additional information is required pursuant to this
Ordinance. The City Council shall render a written
decision and may attach such conditions to the
approval of any conditional use as may be
necessary. The approved site plan and all attached
conditions shall be filed by the petitioner with
the Zoning Officer within thirty (30) days of final
approval. Any development contrary to the approved
plan shall constitute a violation of this
ordinance.
(F) CONDITIONS ATTACHED TO CONDITIONAL USE PERMITS:
Upon consideration of the factors listed above and
the purpose of this Ordinance, the Planning
Commission and City Council shall attach such
conditions to the granting of a Conditional Use
Permit as deemed necessary to fulfill the purpose
of this Ordinance. 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.
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(4)
Requirements for construction of
modifications, compensatory storage,
levees, and other protective measures.
(5) Flood-proofing measures, in accordance with
the state Building Code and this Ordinance.
The applicant shall submit a plan or document
certified by a registered professional
engineer or architect that the flood-proofing
measures are consistent with the Regulatory
Flood Protection Elevation and associated
flood factors for the particular area.
channel
dikes,
SECTION 10: NONCONFORMING USES
10.1 A structure or the use of a structure or premises which
was lawful before the passage or amendment of this
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject to
the following conditions:
(A)
(B)
(C)
(D)
No such use shall be expanded, changed, enlarged or
altered in a way which increases its
nonconformity.
Any 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-l through FP-4 flood proofing
classifications) allowable in the state Building
Code, except as further restricted in 10.I(C)
below.
The cost of any structural alterations or additions
to any nonconforming structure over the life of the
structure shall not exceed 50 percent of the market
value of the structure unless the conditions of
this Chapter are satisfied. The cost of all
structural alterations and additions constructed
since the adoption of the City of Prior Lake's
initial flood plain controls must be calculated
into today's current cost which will include all
costs such as construction materials and a
reasonable cost placed on all manpower or labor.
If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the
current market value of the structure, then the
structure must meet the standards of Chapter 4 of
this Ordinance for new structures.
If any nonconforming use is discontinued for 12
consecutive months, any future use of the building
premises shall conform to this Ordinance.
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(E) If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 50
percent or more of its market value at the time of
destruction, it shall not be reconstructed exce~t
in conformity with the provisions of th1S
Ordinance. The applicable provisions for
establishing new uses or new structures in Chapter
4 will apply.
SECTION 11: PENALTIES FOR VIOLATION
11.1 Violation of the provisions of this Ordinance or failure
to comply with an~ of its requirements (including
violations of condit1ons and safeguards established in
connection with grants of Variances or Conditional Uses)
shall constitute a misdemeanor and shall be punishable
by law. Any party that violates this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof, be
punished by a fine not to exceed $700.00 dollars or by
imprisonment for a term not to exceed ninety (90) days.
11.2 Nothing herein contained shall prevent the City of Prior
Lake from taking such other lawful action as is
necessary to prevent or remedy any violation. Such
actions may include but are not limited to:
(A) In responding to a suspected ordinance violation,
the Director of Planning and the City of Prior Lake
may utilize the full array of enforcement actions
available to it including but not limited to
prosecution and fines, injunction, after-the-fact
permits, and orders for corrective measures. In the
event that it is proven that an individual has
violated this Ordinance, the city may request that
flood insurance, available through the National
Flood Insurance Program, be denied to the guilty
party. The City of Prior Lake 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.
(B) When an ordinance violation is either discovered by
or brought to the attention of the Director of
Planning, he/she shall immediately investigate the
situation and document the nature and extent of the
violation of the official control. As soon as is
reasonably possible, this information will be
submitted to the appropriate Department of Natural
Resources and Federal Emergency Management Agency
Regional Office along with the Citr of Prior Lake's
plan of action to correct the v1olation to the
degree possible.
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(C) The Director of Planning shall notify the suspected
party of the requirements of this Ordinance and all
other Official Controls and the nature and extent
of the suspected violation of these controls. If
the structure and/or use is under construction or
development, the Director of Plannin9 may order the
construction or development immed1ately halted
until a proper permit or a~proval is granted by the
City. If the construct1on or development is
already completed, then the Director of Planning
may either (1) issue an order identifying the
corrective actions that must be made within a
specified time period to bring the use or
structure into compliance with the official
controls, or (2) notify the responsible party to
apply for an after-the-fact permit/development
approval within a specified period of time not to
exceed 30 days.
(D) If the responsible party does not appropriately
respond to the Director of Planning within the
specified period of time, each additional day that
la~ses shall constitute an additional violation of
th1S Ordinance and shall be prosecuted accordingly.
The Director of Planning shall also upon the lapse
of the specified response period notify the
landowner to restore the land to the condition
which existed prior to the violation of this
Ordinance.
SECTION 12: AMENDMENTS
12.1 The flood plain designation on the Flood Insurance Rate
Map shall not be changed unless it can be shown that the
designation is in error or that the area has been filled
to or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he/she determines
that, through other measures, lands are adequately
protected for the intended use.
12.2 All amendments to this Ordinance, including amendments
to the Flood Insurance Rate Map, must be submitted to
and approved b~ the Commissioner of Natural Resources
prior to adopt1on. Changes in the Flood Insurance Rate
Map must meet the Federal Emergency Management Agency's
(FEMA) Technical Conditions and criteria and must
receive prior FEMA approval before ado~tion. The
Commissioner of Natural Resources must be glven 10 days
written notice of all hearings to consider an amendment
to this Ordinance and said notice shall include a draft
of the ordinance amendment or technical study under
consideration.
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This ordinance shall become effective from and after its passage and
publication.
Passed by the city Council of Prior Lake this 4th day of September,
1990.
ATTEST:
~T:~.
cit Manager
~d,-< ~~/-'.
May
Published in the Prior Lake American on the
1990.
day of September,
Drafted By:
Deborah Ann Garross
Assistant City Planner
City of Prior Lake
4629 Dakota street
Prior Lake, MN 55372
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