HomeMy WebLinkAboutCc407 Floodplain Management Ordinance
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CHAPTER 407 STATUTORY AUTHORIZATIONS, FINDINGS OF FACT AND
PURPOSE
101 Statutory Authorization 1
201 Findings of Fact 1
202 Statement of Purpose 1
GENERAL PROVISIONS 1
301 Reserved
302 Lands to Which Ordinance Applies 1
303 Establishment of Official Zoning Map 1
304 Regulatory Flood Protection Elevation 2
305 Interpretation 2
306 Abrogation and Greater Restrictions 2
307 Warning and Disclaimer of Liability 2
308 Severabilitv 2
309 Definitions 2
310 Annexations 4
401 STABLISHMENT OF ZONING DISTRICTS 5
1.1 Districts
1.2 Compliance
501 FLOODWAY DISTRICT (FW) 5
1.1 Permitted Uses
1.2 Standards for Floodwav_ Permitted Uses 6
1.3 Conditional Uses 6
1.4 Standards for Floodwav Conditional Uses 6
1.5 Storage of Materials and Equipment 7
601 FLOOD FRINGE DISTRICT (FF) 7
1.1 Permitted Uses 7
1.2 Standards for Flood Fringe Permitted Uses 7
1.6 Conditional Uses 8
1.7 Standards for Flood Fringe Conditional Uses 8
1.11 Standards for All Flood Fringe Uses 9
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701 STANDARDS FOR ALL FLOOD FRINGE USES 10
801 PROCEDURES FOR DETERMINING 1% ANNUAL CHANCE
FLOOD ELEVATIONS (100 -YR FLOOD ELEVATIONS) IN ZONE A 10
901 SUBDIVISIONS 11
1.1 Land Suitabilitv Review Criteria 11
1.2 Requirements for Floodwav/Flood Fringe Determinations 11
1.3 Removal of Special Flood Hazard Area Designation 11
1001 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 11
1.1 Public Utilities 11
1.2 Public Transportation Facilities 11
1.3 On -site Sewage Treatment and Water Supply Systems 11
1101 MANUFACTURED HOMES /TRAVEL TRAILERS AND
TRAVEL VEHICLES 12
1.1 New Manufactured Home Parks 12
1.2 Replacement Manufactured Homes- Existing Parks 12
1.3 Anchoring Requirements 12
1.4 Recreational Vehicles 12
1.5 Exemption 12
1.6 Areas Exempted for Placement of Recreational Vehicles 12
1.7 Accessory Structures 12
1.8 New Parks /Subdivisions 12
1201 ADMINISTRATION 13
1.1 Zoning Administrator 13
1.2 Permit Requirements 13
1.3 Board of Adjustment 14
1.4 Conditional Uses - Standards and Evaluation Procedures 15
1301 NONCONFORMING USES 17
1401 PENALTIES FOR VIOLATION 18
1501 AMENDMENTS 19
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FLOOD PLAIN MANAGEMENT ORDINANCE
THREE DISTRICT - ONE -MAP FORMAT'
1 .4 Flood Insurance Rate Ptap has been published for the conmtunih mid the Regtlatory Floodwa boundary is
shown on this map. .4 separate Flood Boundm_v and Floodwav Ptap has not been published.
CHAPTER 407 STATUTORY AUTHORIZATIONS, FINDINGS OF FACT AND PURPOSE
407.101 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes
Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of the City of Oak Park Heights, Minnesota does
ordain as follows:
407.201 Findin s of Fact:
a. The flood hazard areas of the Citv of Oak Park Heights, 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 or 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.
C. National Flood Insurance Program Compliance. This Ordinance 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.
407.202 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 in Section 1.21 by provisions contained herein.
GENERAL PROVISIONS:
407.301: Reserved for fttttrre itse
407.302 Lands to Which Ordinance Applies: This Ordinance shall apply to all lands within the jurisdiction
of the Cite of Oak Park Heights shown on the Official Zoning Map and /or the attachments thereto as being
located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
407.303 Establishment of Official Zoning Map: The Official Zoning Map together with all materials
attached thereto is hereby adopted by reference and declared to be a part of this Ordinance. The attached
material shall include the Flood Insurance Study for Washington County, Minnesota And Incorporated Areas
and Flood Insurance Rate Map panels therein numbered 27163CO261E, 27163CO262E, 27163CO265E,
27163CO266E, 27163CO267E, 27163CO268E and 27163CO269E, all dated February 3, 2010 and prepared by the
Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the Citv
Administrator.
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407.304 Reaulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation
caused bv encroachments on the flood plain that result from designation of a floodway.
407.305 Intern ret ation :
a. In their interpretation and application, the provisions of this Ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of the Governing Body and shall
not be deemed a limitation or repeal of any other powers granted by state statutes.
b. The boundaries of the zoning districts shall be determined by scaling distances on the Official
Zoning Map. 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 and there is a formal appeal of
the decision of the Zoning Administrator, the Board of Adjustment shall make the necessar-
interpretation. All decisions will be based on elevations on the regional (100 -gear) flood profile,
the ground elevations that existed on the site at the time the Community adopted its initial
floodplain ordinance or on the date of the first National Flood Insurance Program map showing
the area within the 100 -gear floodplain if earlier, and other available technical data. Persons
contesting the location of the district boundaries shall be given a reasonable opportunity to
present their case to the Board of Adjustment and to submit technical evidence.
407.306 Abrog ation and Greater Restrictions: It is not intended bv 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 inconsistencv oniv.
407.307 Warning and Disclaimer of Liabilitv: This Ordinance does not imply that areas outside the flood
plain districts 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 Oak Park Heights or any officer or employee
thereof for anv flood damages that result from reliance on this Ordinance or anv administrative decision lawfulIv
made thereunder.
407.308 Severabilitv: If any section, clause, provision, or portion of this Ordinance is adjudged
unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be
affected therebv.
407.309 Definitions: Unless specifically defined below, words or phrases used in this Ordinance shall be
interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance
its most reasonable application.
1.1 Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
1.2 Basement - means anv 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.
1.3 Conditional Use - means a specific type of structure or land use listed in the official control that
ma`s be allowed but only after an in -depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building codes and upon a finding that:
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(a) Certain conditions as detailed in the zoning ordinance exist.
(b) The structure and /or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
1.4 Equal Degree of Encroachment - a method of determining the location of floodway boundaries
so that flood plain lands on both sides of a stream are capable of conveying a proportionate
share of flood flows.
1.5 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.
1.6 Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
1.7 Flood Fringe - that portion of the flood plain outside of the floodway. Flood fringe is
s`non`inous with the term "floodway fringe" used in the Flood Insurance Stud` for
Washington Count`, Minnesota And Incorporated Areas.
1.8 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.
1.9 Flood Proofing - a combination of structural provisions, changes, or adjustments to properties
and structures subject to flooding, primarilv for the reduction or elimination of flood damages.
1.10 Floodwav - 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.
1.11 Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor.
1.12 Manufactured Home - a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include the term
"recreational vehicle."
1.13 Obstruction - anv 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 in itself or
by catching or collecting debris carried by such water.
1.14 Principal Use or Structure - means all uses or structures that are not accessory uses or
structures.
1.15 Reach - a hvdraulic engineering term to describe a longitudinal segment of a stream or river
influenced bv a natural or man -made obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most t` pically constitute a reach.
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1.16 Recreational Vehicle - a vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self - propelled or permanentl`
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes
of this Ordinance, the term recreational vehicle shall be synonymous with the term travel
trailer /travel vehicle.
1.17 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 -gear recurrence interval. Regional flood is
svnonvmous with the term "base flood" used in a flood insurance studv.
1.18 Regulaton� Flood Protection Elevation - The regulatory flood protection elevation shall be an
elevation no lower than one foot above the elevation of the regional flood plus any increases in
flood elevation caused bv encroachments on the flood plain that result from designation of a
floodway.
1.19 Structure - an`-thing constructed or erected on the ground or attached to the ground or on -site
utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, recreational vehicles not meeting the exemption criteria specified in
Section 9.31 of this Ordinance and other similar items.
1.20 Substantial Damage - means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
1.21 Substantial Improvement - within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value
of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damage," regardless of the actual repair work
performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessan� to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will not preclude
the structure's continued designation as an "historic structure." For the purpose of this
Ordinance, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part X9.1.
1.22 Variance — means 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 acceptable in the official control, but only as applied to a particular property for the purpose
of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated
upon in a community's respective planning and zoning enabling legislation.
407.310 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.2 above
may include floodplain areas that lie outside of the corporate boundaries of the Cite of Oak Park Heights at
the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the Cite of Oak
Park Heights after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject
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to the provisions of this ordinance immediately upon the date of annexation into the City of Oak Park
Heights.
401 ESTABLISHMENT OF ZONING DISTRICTS
1.1 Districts:
a. Floodwav District: The Floodwav District shall include those areas designated as Zone AE and
Zone A on the Flood Insurance Rate Map panels adopted in Section 2.2 that are below the
ordinary- high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
b. Flood Fringe District: The Flood Fringe District shall include those areas designated as Zone
AE and Zone A on the Flood Insurance Rate Map panels adopted in Section 2.2 that are below
the 1% annual chance flood elevation (100 -gear flood elevation) but above the ordinary high
water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. See Section
6.0 for procedures to determine the 1% annual chance flood elevation (100 -gear flood
elevation).
1.2 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 Ordinance and
other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway,
Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or conditional uses in
Sections 4.0, 5.0 and 6.0 that follow, respectively, shall be prohibited. In addition, a caution is provided here
that:
a New manufactured homes, replacement manufactured homes and certain travel trailers and
travel vehicles are subject to the general provisions of this Ordinance and specifically Section
9.0.
b. 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 Ordinance and specifically Section 11.0.
C. As -built elevations for elevated or flood proofed structures must be certified by ground surveys
and flood proofing techniques must be designed and certified by a registered professional
engineer or architect as specified in the general provisions of this Ordinance and specifically as
stated in Section 10.0 of this Ordinance.
407.501 FLOODWAY DISTRICT (FW)
The permitted and conditional uses listed below are only allowable in the floodway if not prohibited by any
other underlying zoning district classifications of the City of Oak Park Heights and if not prohibited bv anv
applicable state or federal law.
1.1 Permitted Uses:
a General farming, pasture, grazing, outdoor plant nurseries, horticulture, and wild crop
harvesting.
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b Boat launching ramps, swimming areas, parks, wildlife and nature preserves, and
fishing areas.
c Residential lawns, gardens and play areas.
1.2 Standards for Floodwav Permitted Uses:
a The use shall have a low flood damage potential.
b The use shall be permissible in the underlying zoning district if one exists.
c 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.
1.3 Conditional Uses:
a Extraction and storage of sand, gravel, and other materials.
b Marinas, boat rentals, docks, piers, wharves, and water control structures.
c Railroads, streets, bridges, utilitv transmission lines, and pipelines.
d Placement of fill.
1.4 Standards for Floodwav Conditional Uses:
a. All Uses. No fill (including fill for roads and levees), deposit, obstruction, or other use
ma`s be allowed as a conditional use that will cause anv increase in the stage of the 100 -gear or
regional flood or cause an increase in flood damages in the reach or reaches affected.
b. All floodwav conditional uses shall be subject to the procedures and standards contained
in Section 10.4 of this Ordinance.
c The conditional use shall be permissible in the underlying zoning district if one exists.
d Fill
(i) 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.
(ii) Dredge spoil sites and sand and gravel operations shall not be allowed in the
floodwav unless a long -term site development plan is submitted which includes an
erosion /sedimentation prevention element to the plan.
(iii) As an alternative, and consistent with Subsection (b) 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 -gear or
regional flood but only after the Governing Body has received an appropriate plan which
assures the removal of the materials from the floodwav based upon the flood warning
time available. The conditional use permit must be title registered with the property in
the Office of the Countv Recorder.
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1.5 Storage of Materials and Equipment. Storage of other materials or equipment may be allowed
if readil` removable from the area within the time available after a flood warning and in accordance
with a plan approved by the Governing Body. 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.
Communitv-wide structural works for flood control intended to remove areas from the regulator- flood
plain shall not be allowed in the floodwa`.
407.601 FLOOD FRINGE DISTRICT (FF)
1.1 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, underl` ing zoning use districts exist, then
anv 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 5.2 and the
"Standards for all Flood Fringe Uses" listed in Section 5.5.
1.2 Standards for Flood Frinize Permitted Uses:
a All structures, including accessory structures, must be elevated on fill so that the lowest
floor including basement floor is at or above the regulatory flood protection elevation. The
finished fill elevation for structures shall be no lower than one (1) foot below the regulator
flood protection elevation and the fill shall extend at such elevation at least fifteen (15) feet
bevond the outside limits of the structure erected thereon.
b 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 flood proofed
in accordance with the following standards:
(i) Accessory structures shall not be designed for human habitation.
(ii) Accessor� structures shall be elevated on fill or structurally dry flood proofed in
accordance with the FP -1 or FP -2 flood proofing classifications 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 and, for a detached garage, the detached
garage must be used solely for parking of vehicles and limited storage. Flood proofed
accessor� 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 h`-drostatic
flood forces on exterior walls,
(2) Any mechanical and utility equipment in a structure must be elevated to or above
the regulatory flood protection elevation or properly flood proofed, and
(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 square inch for every square foot of enclosed area
subject to flooding. There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one foot above the lowest
adjacent grade to the structure. Using human intervention to open a garage door
prior to flooding will not satis& this requirement for automatic openings.
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1.3 The cumulative placement of fill where at any one time in excess of one - thousand (1,000) cubic
vards of fill is located on the parcel shall be allowable only as a conditional use.
1.4 The storage of any materials or equipment shall be elevated on fill to the regulatory flood
protection elevation.
1.5 The provisions of Section 5.5 of this Ordinance shall appl` .
1.6 Conditional Uses: Any structure that is not elevated on fill or flood proofed in accordance with
Section 5.21 - 5.22 and or anv use of land that does not comply with the standards in Section 5.23 - 5.24
shall on1v 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 5.4 -5.5 and 10.4 of this
Ordinance.
1.7 Standards for Flood Frinize Conditional Uses: Alternative elevation methods other than the use
of fill ma`s be utilized to elevate a structure's lowest floor above the regulatory flood protection
elevation. These alternative methods ma`s include the use of stilts, pilings, parallel walls, etc., or above -
grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area
shall be considered above -grade and not a structure's basement or lowest floor if. 1) the enclosed area is
above -grade on at least one side of the structure; 2) it is designed to internally flood and is constructed
with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage.
The above -noted alternative elevation methods are subject to the following additional standards:
(a) Design and Certification - The structure's design and as -built condition must be certified
by a registered professional engineer or architect as being in compliance with the general design
standards of the 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.
(b) Specific Standards for Above - grade, Enclosed Areas - Above - grade, full` enclosed
areas such as crawl spaces or tuck under garages must be designed to internally flood and the
design plans must stipulate:
1. A minimum area of 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 automatic entry and exit of
flood waters without anv form of human intervention; and
2. 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.
1.8 Basements, as defined by Section 2.812 of this Ordinance, shall be subject to the following:
(a) Residential basement construction shall not be allowed below the regulatory flood
protection elevation.
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(b) Non - residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry flood proofed in accordance with Section
5.43 of this Ordinance.
1.9 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
buovancv. Structures flood proofed to the FP -3 or FP -4 classification shall not be permitted.
1.10 When at anv one time more than 1,000 cubic vards 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 communitv is enforcing a state approved shoreland management ordinance. 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 -gear or regional flood event. The plan
must be prepared and certified by a registered professional engineer 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.
1.11 Storag of Materials and Eauinment:
(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
Governing Bodv.
1.12 The provisions of Section 5.5 of this Ordinance shall also appl` .
407.701 STANDARDS FOR ALL FLOOD FRINGE USES
a. 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 speci& 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.
b. 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 bv 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.
C. 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 5.52 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.
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d. 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 -gear 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.
e. 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 floodwav or other
encroachment limit has not been specified on the Official Zoning Map.
f. Standards for recreational vehicles are contained in Section 9.3.
g. 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 to be 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.
407.801 PROCEDURES FOR DETERMINING 1% ANNUAL CHANCE FLOOD ELEVATIONS (100 -
YR FLOOD ELEVATIONS) IN ZONE A
1.1 Procedures for determining 1% annual chance flood elevations (100 -YR flood elevations)
in Zone A
a. Upon receipt of an application for a permit or other approval within a Zone A, the Zoning
Administrator will use the 1% annual chance flood elevation for that basin that has previously been
determined in accordance with approved FEMA methods, if available. If the 1% annual chance
flood elevation has not been previously determined, the applicant shall be required to furnish all
necessary- information as deemed necessary- by the Zoning Administrator for the determination for
the 1% annual chance flood elevation in accordance with approved FEMA methods.
b. The applicant shall be responsible to submit one cop` of the above information to a designated
engineer or other expert person or agency for technical assistance in determining the 1% annual
chance flood elevation (100 -gear flood elevation). Procedures consistent with Minnesota
Regulations 1983, Parts 6120.000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall
be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to
discuss the proposed technical evaluation methodology with the respective Department of Natural
Resources' Area Hvdrologist prior to commencing the analysis.
c. Once the 1% annual chance flood elevation (100 -gear flood elevation) has been determined, the
Zoning Administrator shall process the permit application consistent with the applicable provisions
of Section 4.0 and 5.0 of this Ordinance.
Oak Park Heights -09 24 2009 revision _10-
407.901 SUBDIVISIONS
1.1 Review Criteria: No lands, covered under this Chapter 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 Ordinance and have road access both to the
subdivision and to the individual building sites no lower than two feet below the regulaton� 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 clearIv labeled on all required subdivision drawings and platting documents.
1.2 Floodwav /Flood Fringe Determinations in the General Flood Plain District: In the General
Flood Plain District, applicants shall provide the information required in Section 6.2 of this Ordinance
to determine the 100 -gear flood elevation, the Floodway and Flood Fringe District boundaries and the
regulatory flood protection elevation for the subdivision site.
1.3 Removal of Sbecial Flood Hazard Area DesiQnatlon: 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 -gear 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.
407.1001 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
1.1 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.
1.2 Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the
flood plain shall comply with Sections 4.0 and 5.0 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 orderIv
functioning of the area. Minor or auzilian- roads or railroads ma`s be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
1.3 On -site Sewaize Treatment and Water Sullll1V SVStems: 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 s`-stems; 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 Section.
Oak Park Heights -09 24 2009 revision - 11 -
407.1101 MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF RECREATIONAL VEHICLES.
1.1 New manufactured home parks and expansions to existing manufactured home parks shall be
subject to the provisions placed on subdivisions by Section 7.0 of this Ordinance.
1.2 The placement of new or replacement manufactured homes in existing manufactured home
parks or on individual lots of record that are located in flood plain districts will be treated as a new
structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If
vehicular road access for pre - existing manufactured home parks is not provided in accordance with
Section 5.5 1, then replacement manufactured homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to the Governing Body.
1.3 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 to be 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.
1.4 Recreational vehicles that do not meet the exemption criteria specified in Section 9.31 below
shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 9.33 -9.34
below.
1.5 Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are
placed in any of the areas listed in Section 1.6 below 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.
(c) The recreational vehicle and associated use must be permissible in any pre - existing,
underlying zoning use district.
1.6 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.
1.7 Recreational vehicles exempted in Section 1101 subsection 1.5 lose this exemption when
development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or
exceeding $500 for an accessory structure such as a garage or storage building. The recreational 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 4.0 and
5.0 of this Ordinance. 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.
1.8 New commercial recreational vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing similar use exceeding five
(5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement recreational vehicle will be allowed in the Floodway or Flood
Fringe Districts provided said recreational vehicle and its contents are placed on fill above the
Oak Park Heights -09 24 2009 revision -12-
regulatory flood protection elevation and proper elevated road access to the site exists in
accordance with Section 5.51 of this Ordinance. No fill placed in the floodway to meet the
requirements of this Section shall increase flood stages of the 100 -gear or regional flood.
(b) All new or replacement recreational vehicles not meeting the criteria of (a) above ma`s,
as an alternative, be allowed as a conditional use if in accordance with the following provisions
and the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for
the safe evacuation of all vehicles and people during the 100 gear flood. Said plan shall be
prepared by a registered engineer or other qualified individual, shall demonstrate that adequate
time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of
Section 9.31 (a) and (b) of this Ordinance will be met. All attendant sewage and water facilities
for new or replacement recreational vehicles must be protected or constructed so as to not be
impaired or contaminated during times of flooding in accordance with Section 8.3 of this
Ordinance.
407.1201 ADMINISTRATION
1.1 Zoning Administrator: A Zoning Administrator or other official designated by the Governing Bod`
shall administer and enforce this Ordinance. If the Zoning Administrator finds a violation of the provisions of
this Ordinance the Zoning Administrator shall notJ& the person responsible for such violation in accordance
with the procedures stated in Section 12.0 of the Ordinance.
1.2 Permit Reauirements:
a. Permit Required. A Permit issued bv the Zoning Administrator in conformity with the provisions of
this Ordinance 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 for Permit. Application for a permit shall be made in duplicate to the Zoning
Administrator on forms furnished bv the Zoning Administrator 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.
C. 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
necessan� state and federal permits.
d. Certificate of Zoniniz Compliance for a New. Altered. or NonconforminS 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 Ordinance.
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e Construction and Use to be as Provided on Applications, Plans, Permits, Variances and Certificates of
Zoniniz 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
Ordinance, and punishable as provided by Section 12.0 of this Ordinance.
f. 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 Ordinance. Flood proofing measures
shall be certified by a registered professional engineer or registered architect.
g. 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 or alterations and additions to structures are flood proofed.
h. Notifications for Watercourse Alterations. The Zoning Administrator shall noti&, 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 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 cop` of said
notification shall also be submitted to the Chicago Regional Office of the Federal Emergenc`
Management Agency (FEMA).
i. Notification to FEMA When Physical Changes Increase or Decrease the 100 -vear 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 notJ& the Chicago Regional Office of FEMA of
the changes by submitting a cop` of said technical or scientific data.
1.3. Board of Adjustment:
a. Rules The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of
the powers conferred on such Boards by State law.
b. Administrative Review. The Board of Adjustment shall hear and decide appeals where it is alleged
there is error in any order, requirement, decision, or determination made by an administrative official
in the enforcement or administration of this Ordinance.
C. Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or
variance from the terms of this Ordinance as will not be contrary to the public interest and only for
those circumstances such as hardship, practical difficulties or circumstances unique to the property
under consideration, as provided for in the respective enabling legislation for planning and zoning for
cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall
clearIv identi& in writing the specific conditions that existed consistent with the criteria specified in
this Ordinance, any other zoning regulations in the Community, and in the respective enabling
legislation that justified the granting of the variance. No variance shall have the effect of allowing in
any district uses prohibited in that district, 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. The following additional variance criteria of the Federal Emergenc`
Management Agency must be satisfied:
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(i) 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.
(ii) 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.
(iii) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
d. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning
Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time
for a hearing and give due notice to the parties in interest as specified by law. The Board of
Adjustment 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.
e. Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance within
ninety (90) days. In passing upon an appeal, the Board of Adjustment may, so long as such action is
in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the
order, requirement, decision or determination of the Zoning Administrator 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 Board of Adjustment may prescribe appropriate conditions and safeguards
such as those specified in Section 10.46, which are in conformity with the purposes of this Ordinance.
Violations of such conditions 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 12.0. 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.
f Appeals Appeals from any decision of the Board of Adjustment may be made, and as specified in
this communitv's official controls and also by Minnesota Statutes.
g. Flood Insurance Notice and Record Keeping. The Zoning Administrator 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 -gear 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 biennial report submitted to the Administrator of the
National Flood Insurance Program.
1.4 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible
under this Ordinance. Applications shall be submitted to the Zoning Administrator who shall forward
the application to City Council for consideration.
a. Hearinis. Upon filing with the City Council an application for a conditional use permit, the
City 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.
Oak Park Heights -09 24 2009 revision - 15 -
b. Decisions. The Cite Council shall arrive at a decision on a conditional use within ninety (90)
days. In granting a conditional use permit, the City shall prescribe appropriate conditions and
safeguards, in addition to those specified in Section 10.46, which are in conformity with the purposes
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 12.0. A cop` 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. Procedures to be followed b`- the City Council in Passing on Conditional Use Permit
Applications Within all Flood Plain Districts.
(i) Require the applicant to furnish such of the following information and additional
information as deemed necessary b`- the Citv Council for determining the suitability of the
particular site for the proposed use, including but not limited to:
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.
(ii) Transmit one cop` of the information described in subsection (a) to a designated
engineer or other expert person or agency for technical assistance, where necessary-, in
evaluating 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.
(iii) Based upon the technical evaluation of the designated engineer or expert, the City
Council shall determine the specific flood hazard at the site and evaluate the suitability of the
proposed use in relation to the flood hazard.
d. Factors upon which the decision of the Citv Council shall be based. In passing upon conditional use
applications, the City Council shall consider all relevant factors specified in other sections of this
Ordinance, and:
(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 injure of others or
the` ma`s block bridges, culverts or other hydraulic structures.
(3) The proposed water supply and sanitation systems and the ability of these systems to prevent
disease, contamination, and unsanitan� 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.
(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 Ordinance.
e. Time for Actiniz on Application. The Citv Council shall act on an application in the manner described
above within ninety dav (90)da`-s from receiving the application, except that where additional
Oak Park Heights -09 24 2009 revision -16-
information is required pursuant to 10.43 of this Ordinance or as may be permitted by Minnesota
Statute. The Cite Council shall render a written decision within ninety (90) days from the receipt of
such additional information.
f Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and
the purpose of this Ordinance, the City shall attach such conditions to the granting of conditional use
permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions ma` 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, compensaton� storage, dikes, 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.
407.1301 NONCONFORMING USES
1.1 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. Historic structures, as defined in Section 2.831(b) of this Ordinance, shall be subject to
the provisions of Sections 11.11 — 11. 15 of this Ordinance.
a. No such use shall be expanded, changed, enlarged, or altered in a way that increases its
nonconformitv.
b. Anv 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 11.13 and 11.16 below.
C. The cost of all structural alterations or additions to anv 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 Section are satisfied. The cost of all structural alterations and additions must
include all costs such as construction materials and a reasonable cost placed on all manpower or
labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of
the market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0
of this Ordinance for new structures depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively.
d. If any nonconforming use is discontinued for 12 consecutive months, any future use of the
building premises shall conform to this Ordinance. The Assessor shall notJ& the Zoning
Administrator in writing of instances of nonconforming uses that have been discontinued for a
period of 12 months.
Oak Park Heights -09 24 2009 revision - 17-
e. If anv nonconforming use or structure is substantially damaged, as defined in Section 2.830 of
this Ordinance, it shall not be reconstructed except in conformity with the provisions of this
Ordinance. The applicable provisions for establishing new uses or new structures in Sections
4.0, 5.0 or 6.0 will apply depending upon whether the use or structure is in the Floodway, Flood
Fringe or General Flood Plain District, respectively.
f If a substantial improvement occurs, as defined in Section 2.831 of this Ordinance, from an`
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 4.0 or 5.0 of this Ordinance for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District, respectivelv.
407.1401 PENALTIES FOR VIOLATION
1.1 Violation of the provisions of this Ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with grants of variances or
conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
1.2 Nothing herein contained shall prevent the City of Oak Park Heights from taking such other lawful
action as is necessary to prevent or remedv anv violation. Such actions ma`s include but are not limited to:
a. In responding to a suspected Ordinance violation, the Zoning Administrator and Local Government
ma`s utilize the full arrav of enforcement actions available to it including but not limited to
prosecution and fines, injunctions, after - the -fact permits, orders for corrective measures or a request to
the National Flood Insurance Program for denial of flood insurance availability to the guilty part`.
The Community 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 Zoning
Administrator, the Zoning Administrator 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 Community's plan of action to
correct the violation to the degree possible.
C. The Zoning Administrator shall notJ& the suspected part` 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 Zoning Administrator ma`s order the
construction or development immediately halted until a proper permit or approval is granted b`- the
Communitv. If the construction or development is already completed, then the Zoning Administrator
ma`s either: (1) issue an order identifOng 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) noti& the
responsible part` 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 part` does not appropriately respond to the Zoning Administrator within the
specified period of time, each additional day that lapses shall constitute an additional violation of this
Oak Park Heights -09 24 2009 revision - 18-
Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse
of the specified response period noti& the landowner to restore the land to the condition which existed
prior to the violation of this Ordinance.
407.1501 AMENDMENTS
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.
All amendments to this Ordinance, including amendments to the Official Zoning Map, must be submitted to and
approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map
must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must
receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 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 studv under consideration.
EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval
and publication, as required by law and /or charter.
Adopted by the City Council City of Oak Park Heights
This of
(Dav) (Month) (Year)
Attest: Mav_ or
David Beaudet
Attest: Citv Administrator
Eric Johnson
Stamp with Community Seal:
Oak Park Heights -09 24 2009 revision -19-