IV.6. Second Reading: Ordinance 2016-1116 Related to Floodplain Zoning Regulations; Lindahl (Memo)MEMO
To: Honorable Mayor and City Council
From: Jason Lindahl, City Planner
Date: October 18, 2016
Subject: Second Reading for Ordinance 2016-1116 Related to Floodplain Zoning
Regulations
Proposed Action
Adopt Resolution 2016-76 approving the second reading of Ordinance 2016-1116 amending Section
545 of the City Code related to zoning standards for floodplain zoning regulations and authorize its
publication.
Overview
Ordinance 2016-1116 will repeal Section 545– Floodplain District and replace it with a model
floodplain ordinance developed by the Minnesota Department of Natural Resources (DNR) and
update the Floodplain District boundaries on the Zoning Map. According to the DNR, the
proposed ordinance text amendment contains no new policies. Rather it attempts to better organize
and clarify the existing floodplain regulations. The proposed Floodplain District boundary changes
add and remove some properties from this area. It is important to note that both changes are
required by FEMA in order to maintain the City’s eligibility to participate in the National Flood
Insurance Program (NFIP).
On October 4, 2016, the City Council approved Resolution 2016-068, approving the first reading of
Ordinance 2016-1116 amending the City Code related to floodplain zoning regulations. The
Planning & Zoning Commission reviewed this item and held public hearings that produced no
comment during the September 27, 2016, meetings. During the September 27 meeting, the Planning
& Zoning Commission voted unanimously to recommend the City Council approve this item.
Attachments
Resolution 2016-076
Ordinance 2016-1116
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 2016-076
A RESOLUTION APPROVING THE SECOND READING OF ORDINANCE 2016-1116
AMENDING SECTIONS 545 OF THE CITY CODE RELATED TO FLOODPLAIN ZONING
REGULATIONS AND AUTHORIZING ITS PUBLICATION
WHEREAS, the City of Hopkins initiated an application to amend Sections 545 of the City
Code related to zoning standards for floodplain zoning regulations;
WHEREAS, the proposed amendment is required by the Federal Emergency Management
Agency (FEMA) and the Minnesota Department of Natural Resources (MN DNR) for Hopkins to
remain eligible to participate in the National Flood Insurance Program (NFIP); and
WHEREAS, the procedural history of the application is as follows:
1. That an application to amend Section 545 of the City Code related to zoning standards for
floodplain zoning regulations was initiated by the City of Hopkins on August 25, 2016;
2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a
public hearing on the application and reviewed such application on September 27, 2016:
all persons present were given an opportunity to be heard; and,
3. That the written comments and analysis of City staff were considered.
WHEREAS, Minnesota Statutes, Section 412.191, Subd. 4, allows publication by title and summary in
the case of lengthy ordinances; and
WHEREAS, the City Council finds that the following summary would clearly inform the public of the
intent and effect of the Ordinances.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins
hereby approves Ordinance 2016-1116 amending Sections 545 of the City Code related to floodplain
zoning regulations, based on the following Findings of Fact:
1. The zoning ordinance text amendment is consistent with the goals and implementation
strategies of the Comprehensive Plan, will promote the public health, safety and welfare
of the City of Hopkins and is consistent with the requirements of the Federal Emergency
Management Agency and the Minnesota Department of Natural Resources.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Clerk shall cause the
following summary of Ordinance 2016-1116 to be published in the official newspaper in lieu of
the entire ordinance:
Public Notice
In summary, Ordinance 2016-1116 makes the following changes:
1. Ordinance 2016-1116 will repeal Section 545– Floodplain District and replace it with a
model floodplain ordinance developed by the Minnesota Department of Natural
Resources (DNR) and update the Floodplain District boundaries on the Zoning Map.
2. According to the DNR, the proposed ordinance text amendment contains no new policies.
Rather it attempts to better organize and clarify the existing floodplain regulations.
3. The proposed Floodplain District boundary changes add nine new properties into the
Floodplain and remove many others.
4. Both zoning text and map changes are required by the Federal Emergency Management
Agency in order to maintain the Hopkins’s eligibility to participate in the National Flood
Insurance Program (NFIP).
Adopted by the City Council of the City of Hopkins this 18th day of October 2016.
_______________________
Molly Cummings, Mayor
ATTEST:
______________________
Amy Domeier, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1116
AN ORDINANCE AMENDING SECTIONS 545 OF THE CITY CODE RELATED TO
FLOODPLAIN ZONING REGULATIONS
SECTION 1.0
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN THAT SECTION
545 OF THE CITY CODE IS HEREBY REPEALED AND REPLACED WITH THE FOLLOWING:
545.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE
Subd. 1. 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 Hopkins,
Minnesota, does ordain as follows.
Subd. 2. Purpose:
a) This ordinance regulates development in the flood hazard areas of the City of Hopkins.
These flood hazard areas are subject to periodic inundation, which may result in loss of
life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base. It is the purpose of this ordinance to promote the public
health, safety, and general welfare by minimizing these losses and disruptions.
b) 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.
c) This ordinance is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community and
economic development.
545.02 GENERAL PROVISIONS
Subd. 1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to
the City of Hopkins and includes three floodplain districts: Floodway, Flood Fringe, and General
Floodplain.
a) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the
standards in Sections 4 or 5 will apply, depending on the location of a property.
b) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain
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maps are considered to fall within the General Floodplain district. Within the General
Floodplain district, the Floodway District standards in Section 4 apply unless the floodway
boundary is determined, according to the process outlined in Section 6. Once the floodway
boundary is determined, the Flood Fringe District standards in Section 5 may apply outside
the floodway.
Subd 2. Lands to Which Ordinance Applies: This ordinance applies to all lands within the
jurisdiction of the City of Hopkins shown on the Official Zoning Map and/or the attachments to the map
as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
a) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are
superimposed on all existing zoning districts. The standards imposed in the overlay districts
are in addition to any other requirements in this ordinance. In case of a conflict, the more
restrictive standards will apply.
Subd. 3. Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this
ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota,
and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated
below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These
materials are on file in the office of the City Clerk.
Effective Flood Insurance Rate Map panels:
27053C0333F
27053C0334F
27053C0341F
27053C0342F
27053C0343F
27053C0344F
27053C0361F
Subd. 4. Regulatory Flood Protection Elevation: The regulatory flood protection elevation
(RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the floodplain that result from designation of a
floodway.
Subd. 5. Interpretation: The boundaries of the zoning districts are determined by scaling
distances on the Flood Insurance Rate Map.
a) Where a conflict exists between the floodplain limits illustrated on the official zoning map and
actual field conditions, the flood elevations shall be the governing factor. The Zoning
Administrator must interpret the boundary location based on the ground elevations that existed
on the site on the date of the first National Flood Insurance Program map showing the area
within the regulatory floodplain, and other available technical data.
b) Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the City and to submit technical evidence.
Subd. 6. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements. However, where this
ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances
inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.
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Subd. 7. Warning and Disclaimer of Liability: This ordinance does not imply that areas outside
the floodplain districts or land uses permitted within such districts will be free from flooding or flood
damages. This ordinance does not create liability on the part of the City of Hopkins or its officers or
employees for any flood damages that result from reliance on this ordinance or any administrative
decision lawfully made hereunder.
Subd. 8. Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and
shall remain in full force.
Subd. 9. Definitions: Unless specifically defined below, words or phrases used in this ordinance
must be interpreted according to common usage and so as to give this ordinance its most reasonable
application.
a) 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.
b) Base Flood Elevation – The elevation of the “regional flood.” The term “base flood elevation” is
used in the flood insurance survey.
c) Basement – 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.
d) 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 in the official zoning controls or building codes and upon a finding that:
i. Certain conditions as detailed in the zoning ordinance exist.
ii. The structure and/or land use conform to the comprehensive land use plan if one exists
and are compatible with the existing neighborhood.
e) Critical Facilities – facilities necessary to a community’s public health and safety, those that store
or produce highly volatile, toxic or water-reactive materials, and those that house occupants that
may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include
hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police
stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage
facilities, and waste handling and storage facilities.
f) Development – any manmade change to improved or unimproved real estate, including buildings
or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or
storage of equipment or materials.
g) Equal Degree of Encroachment – a method of determining the location of floodway boundaries so
that floodplain lands on both sides of a stream are capable of conveying a proportionate share of
flood flows.
h) 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.
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i) Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
j) Flood Fringe – the portion of the Special Flood Hazard Area (one percent annual chance flood)
located outside of the floodway. Flood fringe is synonymous with the term “floodway fringe”
used in the Flood Insurance Study for Hennepin County, Minnesota.
k) Flood Insurance Rate Map - an official map on which the Federal Insurance Administrator has
delineated both the special hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map
(DFIRM).
l) Flood Prone Area – any land susceptible to being inundated by water from any source (see
“Flood”).
m) Floodplain – the beds proper and the areas adjoining a wetland, lake or watercourse which have
been or hereafter may be covered by the regional flood.
n) Floodproofing – a combination of structural provisions, changes, or adjustments to properties and
structures subject to flooding, primarily for the reduction or elimination of flood damages.
o) Floodway – the bed of a wetland or lake and the channel of a watercourse and those portions of
the adjoining floodplain which are reasonably required to carry or store the regional flood
discharge.
p) 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; provided, that such
enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of 44 Code of Federal Regulations, Part 60.3.
q) 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.”
r) New Construction - Structures, including additions and improvements, and placement of
manufactured homes, for which the start of construction commenced on or after the effective date
of this ordinance.
s) 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 floodplain
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.
t) One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see definition).
u) Principal Use or Structure – all uses or structures that are not accessory uses or structures.
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v) Reach – a hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typically constitute a reach.
w) 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 permanently
towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of
this ordinance, the term recreational vehicle is synonymous with the term “travel trailer/travel
vehicle.”
x) 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 1% chance or 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in a flood insurance study.
y) Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the
elevation of the regional flood plus any increases in flood elevation caused by encroachments on
the floodplain that result from designation of a floodway.
z) Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during
a ten year period for which the cost of repairs at the time of each such flood event on the average
equals or exceeds 25% of the market value of the structure before the damage occurred.
aa) Special Flood Hazard Area – a term used for flood insurance purposes synonymous with “One
Hundred Year Floodplain.”
bb) Start of Construction – includes substantial improvement, and means the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that
occurred before the permit’s expiration date. The actual start is either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or
the placement of a manufactured home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or
the erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
cc) Structure - anything 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
9.22 of this ordinance and other similar items.
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dd) 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.
ee) 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:
i. Any project for improvement of a structure to correct existing violations of state or local
health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living
conditions.
ii. Any alteration of a “historic structure,” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure.” For the purpose of this
ordinance, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1.
Subd. 10 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3
above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time
of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and
come under the jurisdiction of the City of Hopkins after the date of adoption of this ordinance, the newly
detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of
detachment.
545.03 ESTABLISHMENT OF ZONING DISTRICTS
Subd. 1. Districts:
a) Floodway District. The Floodway District includes those areas within Zones AE that have a
floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3. For
lakes, wetlands and other basins within Zones AE that do not have a floodway delineated,
the Floodway District also includes those areas that are at or below the ordinary high water
level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.
b) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a
floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are
located outside of the floodway. For lakes, wetlands and other basins within Zones AE that
do not have a floodway delineated, the Flood Fringe District also includes those areas below
the 1% annual chance (100-year) flood elevation but above the ordinary high water level as
defined in Minnesota Statutes, Section 103G.005, subdivision 14.
c) RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF)
Subd. 2 Applicability: Within the floodplain districts established in this ordinance, the use, size,
type and location of development must comply with the terms of this ordinance and other applicable
regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict
the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any
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other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections
4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in
all floodplain districts.
545.04 FLOODWAY DISTRICT (FW)
Subd. 1. Permitted Uses: The following uses, subject to the standards set forth in Section 4.2,
are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay
district:
a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
b) Industrial-commercial loading areas, parking areas, and airport landing strips.
c) Open space uses, including but not limited to private and public golf courses, tennis courts,
driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and
fishing areas, and single or multiple purpose recreational trails.
d) Residential lawns, gardens, parking areas, and play areas.
e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources’ Area Hydrologist is notified at least ten days prior to
issuance of any permit.
Subd. 2. Standards for Floodway Permitted Uses:
a) The use must have a low flood damage potential.
b) The use must not obstruct flood flows or cause any increase in flood elevations and must
not involve structures, obstructions, or storage of materials or equipment.
c) Any facility that will be used by employees or the general public must be designed with a
flood warning system that provides adequate time for evacuation if the area is inundated to
a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per
second) would exceed a product of four upon occurrence of the regional (1% chance)
flood.
Subd. 3. Conditional Uses: The following uses may be allowed as conditional uses following
the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the
standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable
overlay district.
a) Structures accessory to the uses listed in 4.11 – 4.13 above and the uses listed in 4.32 –
4.33 below.
b) Extraction and storage of sand, gravel, and other materials.
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c) Marinas, boat rentals, docks, piers, wharves, and water control structures.
d) Storage yards for equipment, machinery, or materials.
e) Placement of fill or construction of fences that obstruct flood flows. Farm fences, as
defined in section 2.918, are permitted uses.
f) Travel-ready recreational vehicles meeting the exception standards in Section 9.3.
g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to
or less than the 10-year frequency flood event.
Subd. 4. Standards for Floodway Conditional Uses:
a) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or
regional flood or cause an increase in flood damages in the reach or reaches affected.
b) Fill; Storage of Materials and Equipment:
i. 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.
ii. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other
acceptable method. Permanent sand and gravel operations and similar uses must be
covered by a long-term site development plan.
iii. Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1% percent chance or regional flood may only be
allowed if the City Council has approved a plan that assures removal of the
materials from the floodway based upon the flood warning time available.
c) Accessory Structures. Accessory structures, as identified in Section 4.31, may be
permitted, provided that:
i. structures are not intended for human habitation;
ii. structures will have a low flood damage potential;
iii. structures will be constructed an placed so as to offer a minimal obstruction to the
flow of flood waters;
iv. Service utilities, such as electrical and heating equipment, within these structures
must be elevated to or above the regulatory flood protection elevation or properly
floodproofed;
v. Structures must be elevated on fill or structurally dry floodproofed in accordance
with the FP1 or FP2 floodproofing classifications in the State Building Code. All
floodproofed structures must be adequately anchored to prevent flotation, collapse
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or lateral movement and designed to equalize hydrostatic flood forces on exterior
walls.
vi. As an alternative, an accessory structure may be internally/wet floodproofed to the
FP3 or FP4 floodproofing classifications in the State Building Code, provided the
accessory structure constitutes a minimal investment and does not exceed 576
square feet in size. Designs for meeting this requirement must either be certified by
a registered professional engineer or meet or exceed the following criteria:
(1) To allow for the equalization of hydrostatic pressure, there must be a minimum
of two “automatic” openings in the outside walls of the structure, with a total
net area of not less than one square inch for every square foot of enclosed area
subject to flooding; and
(2) 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 satisfy this requirement for automatic openings.
d) Structural works for flood control that will change the course, current or cross section of
protected wetlands or public waters are subject to the provisions of Minnesota Statutes,
Section 103G.245.
e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the
1% chance or regional flood. The technical analysis must assume equal conveyance or
storage loss on both sides of a stream.
f) Floodway developments must not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
545.05 FLOOD FRINGE DISTRICT (FF)
Subd.1. Permitted Uses: Permitted uses are those uses of land or structures allowed in the
underlying zoning district(s) that comply with the standards in Sections 5.2.
Subd. 2 . Standards for Flood Fringe Permitted Uses:
a) All structures, including accessory structures, must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished fill
elevation for structures must be no lower than one foot below the regulatory flood
protection elevation and the fill must extend at the same elevation at least 15 feet beyond
the outside limits of the structure.
b) Accessory Structures. As an alternative to the fill requirements of section 5.21, structures
accessory to the uses identified in Section 5.1 may be permitted to be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code,
provided that:
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i. the accessory structure constitutes a minimal investment, does not exceed 576 s
square feet in size, and is only used for parking and storage.
ii. All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse
or lateral movement and designed to equalize hydrostatic flood forces on exterior
walls, (ii) be constructed with materials resistant to flood damage, and (iii)must
have all service utilities be water-tight or elevated to above the regulatory flood
protection elevation
iii. Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
(1) To allow for the equalization of hydrostatic pressure, there must be a
minimum of two “automatic” openings in the outside walls of the structure,
with a total net area of not less than one square inch for every square foot
of enclosed area subject to flooding; and (2) 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 satisfy this requirement for automatic
openings.
c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance with
Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33
below.
d) The storage of any materials or equipment must be elevated on fill to the regulatory flood
protection elevation.
e) All service utilities, including ductwork, must be elevated or water-tight to prevent
infiltration of floodwaters.
f) 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.
g) All fill must be properly compacted and the slopes must be properly protected by the use
of riprap, vegetative cover or other acceptable method.
h) All new principal structures must have vehicular access at or above an elevation not more
than two feet below the regulatory flood protection elevation, or must have a flood
warning /emergency evacuation plan acceptable to the City Council.
i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by
employees or the general public must be designed with a flood warning system that
provides adequate time for evacuation if the area is inundated to a depth and velocity such
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that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a
product of four upon occurrence of the regional (1% chance) flood.
j) Interference with normal manufacturing/industrial plant operations must be minimized,
especially along streams having protracted flood durations. In considering permit
applications, due consideration must be given to the needs of industries with operations
that require a floodplain location.
k) Manufactured homes and recreational vehicles must meet the standards of Section 9 of
this ordinance.
Subd. 3. Conditional Uses: The following uses and activities may be allowed as conditional
uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the
procedures in Section 10.4 of this ordinance.
a) Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21
and 5.22 of this ordinance.
b) Storage of any material or equipment below the regulatory flood protection elevation.
c) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being
used to elevate a structure in accordance with Section 5.21 of this ordinance.
Subd. 4. Standards for Flood Fringe Conditional Uses:
a) The standards listed in Sections 5.24 through 5.30 apply to all conditional uses.
b) Basements, as defined by Section 2.913 of this ordinance, are subject to the following:
i. Residential basement construction is not allowed below the regulatory flood protection
elevation.
ii. Non-residential basements may be allowed below the regulatory flood protection
elevation provided the basement is structurally dry floodproofed in accordance with
Section 5.43 of this ordinance.
c) All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be floodproofed in accordance with the
structurally dry floodproofing classifications in the State Building Code. Structurally dry
floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building
Code, which requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel
(other than for the purpose of elevating a structure to the regulatory flood protection
elevation) must comply with an approved erosion/sedimentation control plan.
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i. The plan must clearly specify methods to be used to stabilize the fill on site for a flood
event at a minimum of the regional (1% chance) flood event.
ii. The plan must be prepared and certified by a registered professional engineer or other
qualified individual acceptable to the City Council.
iii. The plan may incorporate alternative procedures for removal of the material from the
floodplain if adequate flood warning time exists.
e) Storage of materials and equipment below the regulatory flood protection elevation must
comply with an approved emergency plan providing for removal of such materials within
the time available after a flood warning.
545.06 RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF)
545.07 LAND DEVELOPMENT STANDARDS
Subd. 1 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and
recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
a) All lots within the floodplain districts must be able to contain a building site outside of
the Floodway District at or above the regulatory flood protection elevation.
b) All subdivisions must have road access both to the subdivision and to the individual building
sites no lower than two feet below the regulatory flood protection elevation, unless a flood
warning emergency plan for the safe evacuation of all vehicles and people during the regional
(1% chance) flood has been approved by the City Council. The plan must be prepared by a
registered engineer or other qualified individual, and must demonstrate that adequate time and
personnel exist to carry out the evacuation.
c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the
regulatory flood protection elevation and the required elevation of all access roads must be
clearly labeled on all required subdivision drawings and platting documents.
d) In the General Floodplain District, applicants must provide the information required in
Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and
Flood Fringe District boundaries and the regulatory flood protection elevation for the
subdivision site.
e) If a subdivision proposal or other proposed new development is in a flood prone area, any
such proposal must be reviewed to assure that:
i. All such proposals are consistent with the need to minimize flood damage within the
flood prone area,
ii. All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage, and
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iii. Adequate drainage is provided to reduce exposure of flood hazard.
f) Building Sites. If a proposed building site is in a flood prone area, all new construction and
substantial improvements (including the placement of manufactured homes) must be:
i. Designed (or modified) and adequately anchored to prevent floatation, collapse, or
lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy;
ii. Constructed with materials and utility equipment resistant to flood damage
iii. Constructed by methods and practices that minimize flood damage; and
iv. Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components during conditions of
flooding.
545.08 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES
Subd. 1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and
water supply systems to be located in the floodplain must be floodproofed in accordance with the State
Building Code or elevated to the regulatory flood protection elevation.
Subd. 2. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located
within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation
facilities must be elevated to the regulatory flood protection elevation where failure or interruption of
these 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 or railroads may be constructed at a lower
elevation where failure or interruption of transportation services would not endanger the public health or
safety.
Subd. 3. On-site Water Supply and Sewage Treatment Systems: Where public utilities are
not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of
flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as
amended; 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,
they must not be subject to impairment or contamination during times of flooding, and are subject to the
provisions in Minnesota Rules Chapter 7080.2270, as amended.
545.09 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND
RECREATIONAL VEHICLES.
Subd. 1. Manufactured Homes: New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing manufactured home
parks or lots of record, the following requirements apply:
a) Placement or replacement of manufactured home units is prohibited in the Floodway District.
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b) If allowed in the Flood Fringe District, placement or replacement of manufactured home units
is subject to the requirements of Section 5 of this ordinance and the following standards.
i. New and replacement manufactured homes must be elevated in compliance with Section 5
of this ordinance and must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements for resisting
wind forces.
ii. New or replacement manufactured homes in existing manufactured home parks must meet
the vehicular access requirements for subdivisions in Section 7.22.
Subd. 2. Recreational Vehicles: New recreational vehicle parks or campgrounds and
expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain
must meet the exemption criteria below or be treated as new structures meeting the requirements of this
ordinance.
a) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in
any of the following areas and meet the criteria listed in Section 9.22:
i. Individual lots or parcels of record.
ii. Existing commercial recreational vehicle parks or campgrounds.
iii. Existing condominium-type associations.
b) Criteria for Exempt Recreational Vehicles:
i. The vehicle must have a current license required for highway use.
ii. The vehicle must be highway ready, meaning on wheels or the internal jacking system,
attached to the site only by quick disconnect type utilities commonly used in campgrounds
and recreational vehicle parks.
iii. No permanent structural type additions may be attached to the vehicle.
iv. The vehicle and associated use must be permissible in any pre-existing, underlying zoning
district.
v. An accessory structure must constitute a minimal investment
c) Recreational vehicles that are exempt in Section 9.22 lose this exemption when development
occurs on the site that exceeds a minimal investment for an accessory structure such as a
garage or storage building. The recreational vehicle and all accessory structures will then be
treated as new structures subject to the elevation and floodproofing requirements of Section
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5.0 of this ordinance. No development or improvement on the parcel or attachment to the
recreational vehicle is allowed that would hinder the removal of the vehicle should flooding
occur.
545.10 ADMINISTRATION
Subd. 1. Zoning Administrator: A Zoning Administrator or other official designated by the
City Manager must administer and enforce this ordinance.
Subd. 2. Permit Requirements:
a) Permit Required. A permit must be obtained from the Zoning Administrator prior to
conducting the following activities:
i. The erection, addition, modification, rehabilitation, or alteration of any building, structure,
or portion thereof. Normal maintenance and repair also requires a permit if such work,
separately or in conjunction with other planned work, constitutes a substantial improvement as
defined in this ordinance.
ii. The use or change of use of a building, structure, or land.
iii. The construction of a dam, fence, or on-site septic system, although a permit is not
required for a farm fence as defined in this ordinance.
iv. The change or extension of a nonconforming use.
v. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
vi. The placement of fill, excavation of materials, or the storage of materials or equipment
within the floodplain.
vii. Relocation or alteration of a watercourse (including new or replacement culverts and
bridges), unless a public waters work permit has been applied for.
viii. Any other type of “development” as defined in this ordinance.
b) Application for Permit. Permit applications must be submitted to the Zoning Administrator on
forms provided by the Zoning Administrator. The permit application must include the
following as applicable:
i. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and
significant natural features having an influence on the permit.
ii. Location of fill or storage of materials in relation to the stream channel.
iii.Copies of any required municipal, county, state or federal permits or approvals.
iv. Other relevant information requested by the Zoning Administrator as necessary to
properly evaluate the permit application.
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c) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building,
land or structure may be occupied or used in any manner until a certificate of zoning
compliance has been issued by the Zoning Administrator stating that the use of the building or
land conforms to the requirements of this ordinance.
d) Certification. The applicant is 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.
Floodproofing measures must be certified by a registered professional engineer or registered
architect.
e) Record of First Floor Elevation. The Zoning Administrator must 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 floodplain. The Zoning Administrator must also
maintain a record of the elevation to which structures and alterations or additions to structures
are floodproofed.
f) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a
river or stream, the Zoning Administrator must notify adjacent communities. If the applicant
has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section
103G.245, this will suffice as adequate notice. A copy of the notification must also be
submitted to the Chicago Regional Office of the Federal Emergency Management Agency
(FEMA).
g) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations.
As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the Zoning Administrator must notify the Chicago Regional
Office of FEMA of the changes by submitting a copy of the relevant technical or scientific
data.
Subd. 3 Variances:
a) Variance Applications. An application for a variance to the provisions of this ordinance
will be processed and reviewed in accordance with applicable state statutes and Section
5252.07 of the City Code.
b) Adherence to State Floodplain Management Standards. A variance must not allow a use
that is not allowed 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.
c) Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
i. Variances must 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 may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) a determination that the granting
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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 may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
d) Flood Insurance Notice. The Zoning Administrator must 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 base or regional
flood level increases risks to life and property. Such notification must be maintained with
a record of all variance actions.
g) General Considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
i. The potential danger to life and property due to increased flood heights or
velocities caused by encroachments;
ii. The danger that materials may be swept onto other lands or downstream to the
injury of others;
iii. The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary
conditions;
iv. The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
v. The importance of the services to be provided by the proposed use to the
community;
vi. The requirements of the facility for a waterfront location;
vii. The availability of viable alternative locations for the proposed use that are not
subject to flooding;
viii. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
ix. The relationship of the proposed use to the Comprehensive Land Use Plan and
flood plain management program for the area;
x. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
xi. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
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h) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City must
submit hearing notices for proposed variances to the DNR sufficiently in advance to provide
at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail
to the respective DNR area hydrologist.
i) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be
forwarded to the DNR within ten days of such action. The notice may be sent by electronic
mail or U.S. Mail to the respective DNR area hydrologist.
j) Record-Keeping. The Zoning Administrator must maintain a record of all variance actions,
including justification for their issuance, and must report such variances in an annual or
biennial report to the Administrator of the National Flood Insurance Program, when requested
by the Federal Emergency Management Agency.
Subd. 4. Conditional Uses:
a) Administrative Review. An application for a conditional use permit under the provisions of
this ordinance will be processed and reviewed in accordance with Section 525.013 of the City
Code.
b) Factors Used in Decision-Making. In passing upon conditional use applications, the City
Council must consider all relevant factors specified in other sections of this ordinance, and
those factors identified in Section 10.35 of this ordinance.
c) Conditions Attached to Conditional Use Permits. The City Council may attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill the
purposes of this ordinance. Such conditions may include, but are not limited to, the following:
i. Modification of waste treatment and water supply facilities.
ii. Limitations on period of use, occupancy, and operation.
iii. Imposition of operational controls, sureties, and deed restrictions.
iv. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
v. Floodproofing measures, in accordance with the State Building Code and this
ordinance. The applicant must submit a plan or document certified by a registered
professional engineer or architect that the floodproofing measures are consistent with
the regulatory flood protection elevation and associated flood factors for the particular
area.
d) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City must
submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to
provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or
U.S. Mail to the respective DNR area hydrologist.
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e) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses
must be forwarded to the DNR within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
545.11 NONCONFORMITIES
Subd. 1 Continuance of Nonconformities: A use, structure, or occupancy of land which was
lawful before the passage or amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following conditions. Historic structures, as
defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11 – 11.16 of
this ordinance.
a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or
altered in a way that increases its flood damage potential or degree of obstruction to flood
flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or
occupancies within the Floodway District is prohibited.
b) Any addition or structural alteration to a nonconforming structure or nonconforming use that
would result in increasing its flood damage potential must be protected to the regulatory flood
protection elevation in accordance with any of the elevation on fill or floodproofing
techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building
Code, except as further restricted in 11.13 and 11.17 below.
c) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the
market value of any nonconforming structure, that shall be considered substantial
improvement, and the entire 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. 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.
d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more
than one year, any future use of the premises must conform to this ordinance. The Assessor
must notify the Zoning Administrator in writing of instances of nonconformities that have
been discontinued for a period of more than one year.
e) If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it
may 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 or 5.0 will
apply depending upon whether the use or structure is in the Floodway or Flood Fringe,
respectively.
f) If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936
of this ordinance, it must not be reconstructed except in conformity with the provisions of this
ordinance.
g) Any substantial improvement, as defined in Section 2.941 of this ordinance, to a
nonconforming structure requires that the existing structure and any additions must meet the
requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon
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whether the structure is in the Floodway or Flood Fringe District.
545.12 PENALTIES AND ENFORCEMENT
Subd. 1. Violation Constitutes a Misdemeanor: 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) constitute a misdemeanor and will
be punishable as defined by law.
Subd. 2. Other Lawful Action: Nothing in this ordinance restricts the City of Hopkins from
taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible
party does not appropriately respond to the Zoning Administrator within the specified period of time,
each additional day that lapses will constitute an additional violation of this ordinance and will be
prosecuted accordingly.
Subd. 3. Enforcement: Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section 115 of the City Code. In responding to a
suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of
enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-
the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for
denial of flood insurance availability to the guilty party. The City of Hopkins 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.
545.13 AMENDMENTS
Subd. 1 Floodplain Designation – Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain 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 floodplain. Special exceptions to this rule may
be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner
determines that, through other measures, lands are adequately protected for the intended use.
Subd. 2. Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to
adoption. The Commissioner must approve the amendment prior to community approval.
Subd. 3. Map Revisions Require Ordinance Amendments. The floodplain district regulations
must be amended to incorporate any revisions by the Federal Emergency Management Agency to the
floodplain maps adopted in Section 2.3 of this ordinance.
SECTION 2.0 This ordinance shall take effect and be in force upon its publication, in accordance with
Section 3.07 of the City Charter.
First Reading: October 4, 2016
Second Reading: October 18, 2016
Date of Publication: October 27, 2016
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Date Ordinance Takes Effect: October 27, 2016
______________________
Molly Cummings, Mayor
ATTEST:
_______________________
Amy Domeier, City Clerk