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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. 1 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. 2 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. 3 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. 4 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 5 (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. 6 (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) 7 (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: 8 (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. 9 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 10 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. 11 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 12 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. 13 (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 14 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. 15 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. 16 (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 17 (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. 18 (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. 19 (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. 20 (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. 21 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 22