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Ordinance 81-491(Official Publication) CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 81 -491 "ORDINANCE AMENDING HOPKINS ZONING ORDINANCE SECTION 427:41, re: FLOOD PLAIN." BE IT RESOLVED that Hopkins Zoning Ordinance No. 77 -427, as amended, Section 427:41, is hereby repealed and the following Section 427:41, is hereby adopted: Section 427:41, FLOOD PLAIN DISTRICT: (1) The flood pilain shall be all land within the City of Hopkins which lies below the official flood profile line and shall consist of the Floodway District and the Flood Fringe District. (2) 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, the appropriate Watershed District Board shall make the necessary inter- pretation based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to pre- sent their case to the Board and to submit technical evidence. The Flood Plain District is an overlying set of regulations and standards applying to all land encompassed by the flood plain. Said uses permitted are determined by the zoning district within which the land is located. (3) Conditional Use Permit Application: Any person, Corporation or other legal entity which can show ownership or equitable interest in parcel of land may apply for a Conditional Use Permit to utilize said parcel. (4) Criteria for granting a Conditional Use Permit Application: (a) It shall be found that the approval of said permit will not cause any obstruction which restricts the right of public passage and use of the channel of Minnehaha Creek or Nine Mile Creek, except that a Conditional Use Permit may be issued for -1? obstructions approved by the Minnehaha Creek Watershed Dis- tricts as to Minnehaha Creek, and the Nine Mile. Creek Water- shed District as to Nine Mile Creek and used for flood plain management provided adequate provision is made for portaging and for passage of water craft relative to Minnehaha Creek. (b) It shall be found that the approval of said permit will not cause any obstruction or use which will adversely affect land or water areas essential to the protection of surface and ground water supply. (5) Floodway District (FW) (a) Permitted Uses: The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other ordinance and provided they do not require structures, fill, or storage of material: or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvest- ing. Industrial- Commercial uses such as loading areas, park- ing areas, and airport landing strips. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hacheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. Residential uses such as lawns, gardens, parking areas, and play areas. (b) Conditional Uses: The following open space uses requirE accessory structures (temporary or permanent), or fill -2- 0 0 or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit as provided in Section (4) of this Ordinance. These uses are also subject to the pro- visions of Section (5) (c) which applies to all floodway Conditional Uses. Structures accessory to open space uses. Placement of fill. Extraction of sand, gravel, and other materials. Marinas, boat rentals, docks, piers, wharves, and water control structures. Railroads, streets, bridges, utility trans- mission lines, and pipelines. Storage yards for equipment, machinery, or materials. Other uses similar in nature to uses described in Section (5) (a) and (5) (b) which are con sistent with the provisions set out in this Ordinance. (c) Standards for Floodway Conditional Uses: c.1 No structure (temporary or permanent), fill (includ- ing fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as a Conditional Use which, acting alone or in combination with existing or reasonably future uses, adversely affects the capacity of the f loodway.Conditional Uses shall be subject to the standards contained in Section 9.44 and the following standards: c.2 Fill: Any fill deposited in the floodway shall be no more than minimum amount necessary to conduct a Conditional Use listed in Section (5)(b). Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can -3- be done in accordance with this section. Fill shall be protected from erosion by vegetation cover. c.3 Accessory Structures (temporary or permanent) per- mitted as Conditional Uses by Section (5)(b). Accessory structures shall not be designed for human habitation. Accessory structures, if permitted, shall be con- structed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. Accessory structures shall be flood-proofed in accor- dance with the State Building Code. Storage of Materials and Equipment (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. c.4 Structural Works for Flood Control. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. Other structural work for flood control such as dams and channel enlargements that will change the course, current, or cross- section of public water shall be subject to the provisions of Minnesota Statutes, Chapter 105. c.5 Any proposed development which is to adjust the flood plain elevations through creation of retention areas shall include a method for maintenance acceptable to the City, said retention area shall be constructed so as to be operative prior to acceptance of buildings. c.6 Trees of 6" diameter or greater which exist within the flood way shall be retained as part of the erosion con- trol program. The bulk storage of flammable liquids or other deleterious products within the flood plain shall be prohibited. c.7 Right of Passage: It is unlawful for any person, without a Conditional Use Permit obtained pursuant to this Ordinance to place any obstruction in Minnehaha Creek to obstruct the passage of water craft and to place any obstruction in Minnehaha or Nine Mile Creek to interfere with the use by the public of the channel, except ob- structions placed by the Nine Mile Watershed District in Nine Mile Creek and Minnehaha Watershed District in Minnehaha Creek for flood plain management provided ade- quate provisions are made in case of Minnehaha Creek for portaging or passage of water craft. c.8 Declared Emergency: The City Council, during a declared emergency may authorize temporary diking by the City, or where considered necessary by the landowner, without a Conditional Use Permit. Said temporary dikes are to be removed within 90 days after the City Council has declared the emergency terminated and failure to do so will be a violation of this Ordinance. (6) FLOOD FRINGE DISTRICT (FF) (a) Permitted Uses. The following uses shall be permitted use within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: Any use permitted in Section (5)(a). Accessory structures provided they comply with the pro- vision of Section (5) (c 3) of this ordinance. Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Pro- tection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any struc- ture or building erected thereon. Fill shall be compactec and the slopes shall be protected by r;prap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements in Section (6)(c.1). No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tribu- tary to the main stream, or of any drainage ditch, or any other drainage facility or system. (b) Conditional Uses. Other uses are permitted only upon application to the Zoning Administrator and the issuance of Conditional Use Permit as provided in this Ordinance and subject to the following provisions: b.1 Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood proofed in accordance with the State Building Code. b.2 Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP -1 classification in accordance with the State Building Code. No floor or portion of a resi- dence below the Regulatory Flood Protection Elevation may be used for human occupancy. b.3 Non- Residential Structures. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special circumstances be flood proofed in accordance with the State Building Code. Structures that are not elevated to above the Regulatory Flood Protection Eleva- tion shall be flood proofed to FP -1 or FP -2 classifica- -6- tion as defined by the State Building Code. Structures flood-proofed to FP -3 or FP -4 classification shall not be permitted. (c) Standards for Flood Fringe Areas. c.1 Residential Uses. Residences that do not have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the appropriate Watershed District. In granting a variance the District shall specify limitations on the period of use or occupancy of the residence. c.2 Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation of the area if it would in- undate to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurance of the regional flood. c.3 Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant opera- tions especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may at lower elevations subject to requirements set out above. In considering permit appli• cations, due consideration shall be given to needs of an industry whose business requires it to be located in flood plain areas. c.4 Any proposed development which is to adjust the flood plain elevations through creation of retention areas shall include a method for maintenance acceptable to the City, said retention area shall be constructed so as to be operative prior to acceptance of buildings. c.5 Trees of 6" diameter or greater which exist within the 7- O flood fringe sha1i be retained as a part of the erosion control program. c.6 The bulk storage of flammable liquids or other deleter- ious products within the flood fringe shall be prohibite (7) PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES. 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 accor- dance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located with the Floodway District shall comply with Sections (5) (c.1) and (5) (c.2) of this Ordinance. Eleva- tion to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transporation facilities would result in danager to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or rail- roads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. Certificate of Zoning Compliance. Upon completion of any work on projects pursuant to a Conditional Use Permit or vari- ance granted pursuant to this Ordinance and prior to the use or occupancy of the land or obstruction permitted by the Conditional Use Permit or variances, a Certificate of Zoning Compliance shall be issued therefore by the City Manager stating that the use of the land or obstruction conforms to the requirements of this Ordinance. Prior to issuance of such Certificate, applicant shall submit a certification by a registered professional engineer or land surveyor as appro- priate, that the permitted obstructions, including, but not limited to, finished fill and building floor elevations, flood proofing, or other flood protection measures, have been com- pleted in compliance with the provisions of this Ordinance and in compliance with the information given to the City in con- -8- nection with the application for the Conditional Use Permit or variance. Floodproofing measures shall be certified by a registered professional engineer or registered architect. No variance shall allow or permit a lessor degree of flood protection than the regulatory established flood protection elevation. (8) Establishment of Official Zoning Map. The Official Zoning Map together with all materials listed below is hereby adopted by reference and declared to be a part of this ordinance. The listed material shall include the Flood Insurance Study for the City of Hopkins prepared by the Federal Insurance Administration dated November 5, 1980, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. The Official Zoning Map shall be on file in the office of the City Clerk and Zoning Ad- ministrator. (9) State and Federal Permits. Prior to processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal Permits. First read at a regular meeting of the Council of the City of Hopkins, Minnesota held the 7th day of April, 1981, and accepted for the second reading and ordered published at a regular meeting of the Council of the City of Hopkins, Minnesota, held the 5th day of May 1981. H.E. RICHARDSON, City Clerk JOSEPH C. VESELY, City, Attorney TudraiimmiSEM Published in the HOPKINS SUN, May 13, 1981. -9- RRE A. MILLER, Mayor