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2016-1116 Amending Sections 545 of the City Code Related to Floodplain Zoning Regulations CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO.2016-1116 AN ORDINANCE AMEND II G SECTIONS 545 OF THE CITY CODE RELATED TO FLO S I PLAIN ZONING REGULATIONS SECTION 1.0 THE COUNCIL OF THE C TY OF HOPKINS DOES HEREBY ORDAIN THAT SECTION 545 OF THE CITY CODE IS HE' BY REPEALED AND REPLACED WITH THE FOLLOWING: 545.01 STATUTORY AUTHOR!' ATION, FINDINGS OF FACT AND PURPOSE Subd. 1. Statutory Autho ization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 62 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 regul:tes development in the flood hazard areas of the City of Hopkins. These flood hazard . eas are subject to periodic inundation, which may result in loss of life and property,he.lth and safety hazards, disruption of commerce and governmental services, extraordin. public expenditures for flood protection and relief, and impairment of the t. base. It is the purpose of this ordinance to promote the public health, safety, and g;neral welfare by minimizing these losses and disruptions. b) National Flood Ins ce Program Compliance. This ordinance is adopted to comply with the rules and ret lations of the National Flood Insurance Program codified as 44 Code of Federal Rev lations Parts 59 -78, as amended, so as to maintain the community's eligibility in the Nafonal Flood Insurance Program. c) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and flo.dplains in order to moderate flood and stormwater impacts, improve water quali , reduce soil erosion, protect aquatic and riparian habitat,provide recreational oppo iities, provide aesthetic benefits and enhance community and economic developm-nt. 545.02 GENERAL PROVISION. Subd. 1 How to Use This o rdinance: This ordinance adopts the floodplain maps applicable to the City of Hopkins and includes iee 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 5'..04 or 545.05 will apply, depending on the location of a property. b) Locations where Flood ay and Flood Fringe districts are not delineated on the floodplain 1 maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 545.04 apply unless the floodway boundary is determined, according to the process outlined in Section 545.06. Once the floodway boundary is determined, the Flood Fringe District standards in Section 545.05 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 27053C0341F 27053C0343F 27053C0361F 27053C0334F 27053C0342F 27053C0344F 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. 2 Subd. 7. Warning and Disclai •r of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses p•rmitted within such districts will be free from flooding or flood damages. This ordinance does not cr=ate liability on the part of the City of Hopkins or its officers or employees for any flood damages th. result from reliance on this ordinance or any administrative decision lawfully made hereunder. Subd. 8. Severability: If any se'tion, 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 s.ecifically defined below, words or phrases used in this ordinance must be interpreted according to co on 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 e evation of the "regional flood." The term"base flood elevation" is used in the flood insurance s i ey. c) Basement—any area of a stru Lure, 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 .e of structure or land use listed in the official control that may be allowed but only after an in-I - .th 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 etailed in the zoning ordinance exist. ii. The structure and/or 1. d use conform to the comprehensive land use plan if one exists and are compatible • h the existing neighborhood. e) Critical Facilities—facilities ecessary to a community's public health and safety,those that store or produce highly volatile,to is or water-reactive materials, and those that house occupants that may be insufficiently mobile o avoid loss of life or injury. Examples of critical facilities include hospitals, correctional faciliti-s, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatm- facilities,public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. f) Development—any manmad; change to improved or unimproved real estate, including buildings or other structures,mining, d edging, filling, grading, paving, excavation or drilling operations, or storage of equipment or mat- 'als. g) Equal Degree of Encroachm:i t—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. 3 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). 1) 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. 4 t) One Hundred Year Floodplai —lands inundated by the "Regional Flood" (see definition). u) Principal Use or Structure—a 1 uses or structures that are not accessory uses or structures. v) Reach—a hydraulic engine- g term to describe a longitudinal segment of a stream or river influenced by a natural or m. -made obstruction. In an urban area, the segment of a stream or river between two consecutiv- bridge crossings would most typically constitute a reach. w) Recreational Vehicle—a vehi le that is built on a single chassis, is 400 square feet or less when measured at the largest horiz•ntal 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 ecreational, camping, travel, or seasonal use. For the purposes of this ordinance,the term recre tional vehicle is synonymous with the term"travel trailer/travel vehicle." x) Regional Flood—a flood whi h is representative of large floods known to have occurred generally in Minnesota and r:asonably characteristic of what can be expected to occur on an average frequency in the ma u itude 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 levation(RFPE) - an elevation not less than one foot above the elevation of the regional floo plus any increases in flood elevation caused by encroachments on the floodplain that result fro designation of a floodway. z) Repetitive Loss: Flood relate damages sustained by a structure on two separate occasions during a ten year period for which t - 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—incluI es substantial improvement, and means the actual start of construction,repair,recons ction,rehabilitation, addition,placement or other improvement that occurred before the permit's -xpiration date. The actual start is either the first placement of permanent construction of a • cture on a site, such as the pouring of slab or footings, the installation of piles,the cons' ction of columns, or any work beyond the stage of excavation; or the placement of a manufac led home on a foundation. Permanent construction does not include land preparation, such as cle. 'ng, 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 fo s; 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 i provement, the actual start of construction means the first alteration of any wall, ceiling, floor, or a ther structural part of a building,whether or not that alteration affects the external dimensio s of the building. cc) Structure- anything construc ed or erected on the ground or attached to the ground or on-site utilities, including,but not li ited to,buildings, factories, sheds, detached garages, cabins, 5 manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. 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 545.02, Subd. 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 545.02, Subd. 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. 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 545.02, Subd. 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) 6 Subd. 2 Applicability: Wi in the floodplain districts established in this ordinance, the use, size, type and location of development m st comply with the terms of this ordinance and other applicable regulations. In no cases shall floodp ain development adversely affect the efficiency or unduly restrict the capacity of the channels or flood ays of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. • 11 uses not listed as permitted uses or conditional uses in Sections 545.04, 545.05 and 545.06 are prohi sited. In addition, critical facilities, as defined in Section 545.02, Subd. 9.e, are prohibited in all flood.lain districts. 545.04 FLOODWAY DISTRIC (FW) Subd. 1. Permitted Uses: e following uses, subject to the standards set forth in Section 545.04, Subd. 2, are permitted uses i I 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, an• wild crop harvesting. b) Industrial-commercial lo. •ing areas,parking areas, and airport landing strips. c) Open space uses, includi : but not limited to private and public golf courses, tennis courts, driving ranges, archery r. ges,picnic grounds,boat launching ramps, swimming areas,parks, wildlife and nature prese es, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single II multiple purpose recreational trails. d) Residential lawns, garden.,parking areas, and play areas. e) Railroads, streets,bridges, utility transmission lines and pipelines,provided that the Department of Natural R:sources' Area Hydrologist is notified at least ten days prior to issuance of any permit. Subd. 2. Standards for Floo a way Permitted Uses: a) The use must have a l o w flood damage potential. b) The use must not obs• ct 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 hat provides adequate time for evacuation if the area is inundated to a depth and velocity s ch that the depth(in feet)multiplied by the velocity(in feet per second)would excee. a product of four upon occurrence of the regional (1% chance) flood. Subd. 3. Conditional Uses: e following uses may be allowed as conditional uses following the standards and procedures set fort in Section 545.10, Subd. 4, of this ordinance and further subject to the standards set forth in Section 545 04, Subd. 4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 7 a) Structures accessory to the uses listed in 545.04, Subdivision 1.a— 545.04, Subdivision 1.c, above and the uses listed in 545.04, Subdivision 3.b— 545.04, Subdivision 3.c, below. b) Extraction and storage of sand, gravel, and other materials. 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. f) 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. b) Accessory Structures. Accessory structures, as identified in Section 545.04, Subd. 3.a, 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; 8 v. Structures mu't be elevated on fill or structurally dry floodproofed in accordance with the FP 1 41 FP2 floodproofing classifications in the State Building Code. All floodproofed ctures must be adequately anchored to prevent flotation, collapse or lateral mov; ent and designed to equalize hydrostatic flood forces on exterior walls. vi. As an alternati e, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 fl e odproofing classifications in the State Building Code, provided the accessory stru ture constitutes a minimal investment and does not exceed 576 square feet in ize. Designs for meeting this requirement must either be certified by a registered pre fessional engineer or meet or exceed the following criteria: (1) To allow fir the equalization of hydrostatic pressure, there must be a minimum of two "au omatic"openings in the outside walls of the structure, with a total net area o not less than one square inch for every square foot of enclosed area subject to ooding; and (2) There mus be openings on at least two sides of the structure and the bottom of all openin:,s must be no higher than one foot above the lowest adjacent grade to the stru I ture. Using human intervention to open a garage door prior to flooding ill not satisfy this requirement for automatic openings. d) Structural works for ood 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 floo. all constructed in the floodway must not cause an increase to the 1%chance or regiona flood. The technical analysis must assume equal conveyance or storage loss on both s des of a stream. f) Floodway developme is must not adversely affect the hydraulic capacity of the channel and adjoining floodpl:in of any tributary watercourse or drainage system. 545.05 FLOOD FRINGE DIST ' ICT (FF) Subd.1. Permitted Uses: P-rmitted uses are those uses of land or structures allowed in the underlying zoning district(s)that co ply with the standards in Sections 545.05, Subd. 2. Subd. 2 . Standards for Flood Fringe Permitted Uses: a) All structures, induct', g accessory structures,must be elevated on fill so that the lowest floor, as defined, is a or above the regulatory flood protection elevation. The finished fill elevation for structur,s must be no lower than one foot below the regulatory flood protection elevation . d the fill must extend at the same elevation at least 15 feet beyond the outside limits oft e structure. 9 b) Accessory Structures. As an alternative to the fill requirements of Section 545.02, Subd. 2.a, structures accessory to the uses identified in Section 545.05, Subd. 1, may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: i. the accessory structure constitutes a minimal investment, does not exceed 576 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 545.05, Subd. 2.a, of this ordinance, or if allowed as a conditional use under Section 545.05, Subd. 3.c,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. 10 i) Accessory uses such 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 gen: al public must be designed with a flood warning system that provides adequate tim- 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 .ccurrence of the regional (1%chance) flood. j) Interference with no al manufacturing/industrial plant operations must be minimized, especially along stre. s having protracted flood durations. In considering permit applications, due con deration must be given to the needs of industries with operations that require a floodpl.'n location. k) Manufactured homes and recreational vehicles must meet the standards of Section 545.09 of this ordinance. Subd. 5.3. Conditional Use : The following uses and activities may be allowed as conditional uses, if allowed in the underlying zo 'ng district(s) or any applicable overlay district, following the procedures in Section 545.10, Subd. , of this ordinance. a) Any structure that is of elevated on fill or floodproofed in accordance with Sections 545.05, Subd. 2.a, an' 545.05, Subd. 2.b, of this ordinance. b) Storage of any materi:1 or equipment below the regulatory flood protection elevation. c) The cumulative plac- ent of more than 1,000 cubic yards of fill when the fill is not being used to elevate a stru• e in accordance with Section 545.05, Subd.2.a, of this ordinance. Subd. 4. Standards for Flo.d Fringe Conditional Uses: a) The standards listed i 0 Sections 545.05, Subd.2.d,through 545.05, Subd. 2.j, apply to all conditional uses. b) Basements, as define. by Section 545.02, Subd. 9.c, of this ordinance, are subject to the following: i. Residential basem:; t construction is not allowed below the regulatory flood protection elevation. ii. Non-residential b. •ements may be allowed below the regulatory flood protection elevation provided e basement is structurally dry floodproofed in accordance with Section 545.05, Su.d. 4, of this ordinance. c) All areas of nonresid= tial structures, including basements, to be placed below the regulatory flood prot.ction elevation must be floodproofed in accordance with the structurally dry flood iroofing classifications in the State Building Code. Structurally dry floodproofing must eet the FP1 or FP2 floodproofing classification in the State Building 11 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. 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 545.06, Subd. 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. 12 e) If a subdivision proposal r other proposed new development is in a flood prone area, any such proposal must be re 'ewed to assure that: i. All such proposal- 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 cons cted to minimize or eliminate flood damage, and iii. Adequate drainag; is provided to reduce exposure of flood hazard. f) Building Sites. If a prop.sed 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 mod fled) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the elle,is of buoyancy; ii. Constructed with aterials and utility equipment resistant to flood damage iii. Constructed by m-thods and practices that minimize flood damage; and iv. Constructed with -lectrical,heating, ventilation,plumbing, and air conditioning equipment and o ler service facilities that are designed and/or located so as to prevent water from enteri g or accumulating within the components during conditions of flooding. 545.08 PUBLIC UTILITIES, RA ILROADS,ROADS,AND BRIDGES Subd. 1. Public Utilities: • Il public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located i the floodplain must be floodproofed in accordance with the State Building Code or elevated to the re: latory flood protection elevation. Subd. 2. Public Transport' 'on Facilities: Railroad tracks,roads, and bridges to be located within the floodplain must comply ith Sections 545.04 and 545.05 of this ordinance. These transportation facilities must be elevi ted 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 functioni g of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation wh:i e failure or interruption of transportation services would not endanger the public health or safety. Subd. 3. On-site Water Su ply 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 ar subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2)New or replacem- t on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood water into the systems and discharges from the systems into flood waters, 13 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. b) If allowed in the Flood Fringe District,placement or replacement of manufactured home units is subject to the requirements of Section 545.05 of this ordinance and the following standards. i. New and replacement manufactured homes must be elevated in compliance with Section 545.05 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 545.07, Subd. 1.b. 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 545.09, Subd. 2.b. 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. 14 iii. No permanent structural type additions may be attached to the vehicle. iv. The vehicle and assoc ated use must be permissible in any pre-existing,underlying zoning district. v. An accessory structure must constitute a minimal investment c) Recreational vehicles tha I are exempt in Section 545.09, Subd. 2.b, lose this exemption when development occurs on e site that exceeds a minimal investment for an accessory structure such as a garage or stora Le building. The recreational vehicle and all accessory structures will then be treated as new s ctures subject to the elevation and floodproofing requirements of Section 545.05 of this or.inance. No development or improvement on the parcel or attachment to the recreati I nal vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 545.10 ADMINISTRATION Subd. 1. Zoning Administr tor: A Zoning Administrator or other official designated by the City Manager must administer and e force this ordinance. Subd. 2. Permit Requirem:I ts: a) Permit Required. A p- it 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. Norm=1 maintenance and repair also requires a permit if such work, separately or in conjuncti.n 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 .am, fence, or on-site septic system, although a permit is not required for a farm fe ce as defined in this ordinance. iv. The change or extensi i n of a nonconforming use. v. The repair of a struc e 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 alterati in of a watercourse(including new or replacement culverts and bridges),unless a pus lic waters work permit has been applied for. viii. Any other type of"d-velopment"as defined in this ordinance. b) Application for Permit. P it applications must be submitted to the Zoning Administrator on 15 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. 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 525.07 of the City Code. 16 b) Adherence to State Fl odplain Management Standards. A variance must not allow a use that is not allowed in it at district, permit a lower degree of flood protection than the regulatory flood prote tion elevation for the particular area, or permit standards lower than those required by stat; law. c) Additional Variance criteria. The following additional variance criteria of the Federal Emergency Managem-nt Agency must be satisfied: i. Variances mu not be issued by a community within any designated regulatory floodway if an, increase in flood levels during the base flood discharge would result. ii. Variances ma only be issued by a community upon(i) a showing of good and sufficient caus-, (ii) a determination that failure to grant the variance would result in exceptional ardship to the applicant, and(iii) a determination that the granting of a variance ill not result in increased flood heights, additional threats to public safety, extraor'inary public expense, create nuisances, cause fraud on or victimization I f 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 nec=ssary, considering the flood hazard, to afford relief. d) Flood Insurance Noti•e. The Zoning Administrator must notify the applicant for a variance that: 1) The i.suance of a variance to construct a structure below the base flood level will result in inc eased premium rates for flood insurance up to amounts as high as $25 for$100 of insur. ce coverage; and 2) Such construction below the base or regional flood level increases sks to life and property. Such notification must be maintained with a record of all varianc- actions. g) General Considerations. e community may consider the following factors in granting variances and imposing c nditions on variances and conditional uses in floodplains: i. The potential •anger to life and property due to increased flood heights or velocities caus-d by encroachments; ii. The danger th.t materials may be swept onto other lands or downstream to the injury of other.; iii. The proposed ater supply and sanitation systems, if any, and the ability of these systems to mi imize the potential for disease, contamination and unsanitary conditions; iv. The susceptibii ity of any proposed use and its contents to flood damage and the effect of such s amage on the individual owner; v. The importanse of the services to be provided by the proposed use to the community; vi. The requirem;' is of the facility for a waterfront location; 17 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. 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 525.13 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 545.10, Subd. 3.e 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. 18 iv. Requirements for •nstruction of channel modifications, compensatory storage, dikes, levees, and other •rotective measures. v. Floodproofing me:sures, in accordance with the State Building Code and this ordinance. The a•plicant must submit a plan or document certified by a registered professional en a -er or architect that the floodproofing measures are consistent with the regulatory flo•d protection elevation and associated flood factors for the particular area. d) Submittal of Hearing Not ces to the Department of Natural Resources (DNR). The City must submit hearing notices fo proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' otice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respecti - DNR area hydrologist. e) Submittal of Final Decisi ins to the DNR. A copy of all decisions granting conditional uses must be forwarded to the IONR within ten days of such action. The notice may be sent by electronic mail or U.S. M.it to the respective DNR area hydrologist. 545.11 NONCONFORMITIES Subd. 1 Continuance of No i conformities: A use, structure, or occupancy of land which was lawful before the passage or amend ent of this ordinance but which is not in conformity with the provisions of this ordinance may be ontinued subject to the following conditions. Historic structures, as defined in Section 545.02, Subd. 9.e-.ii, of this ordinance, are subject to the provisions of Sections 545.11, Subd. 1.a—545.11, Subd. 1. , of this ordinance. a) A nonconforming use, s S. cture, 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 F oodway District is prohibited. b) Any addition or structura alteration to a nonconforming structure or nonconforming use that would result in increasinL its flood damage potential must be protected to the regulatory flood protection elevation in a•cordance with any of the elevation on fill or floodproofing techniques(i.e., FP1 t FP4 floodproofing classifications) allowable in the State Building Code, except as further r,stricted in 545.11, Subd. 1.c, and 545.11, Subd. 1.g,below. c) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any non a onforming structure,that shall be considered substantial improvement, and the en ire structure must meet the standards of Section 545.04 or 545.05 of this ordinance for new s ctures, depending upon whether the structure is in the Floodway or Flood Fringe District, re•pectively. The cost of all structural alterations and additions must include all costs such as onstruction materials and a reasonable cost placed on all manpower or labor. d) If any nonconforming us-, or any use of a nonconforming structure, is discontinued for more than one year, any futur use of the premises must conform to this ordinance. The Assessor 19 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 545.02, Subd. 9.dd, 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 545.04 or 545.05 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 545.02, Subd. 9.z, 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 545.04 or 545.05 of this ordinance for new structures, depending upon 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. 20 Subd. 2. Amendments Req ' e DNR Approval: All amendments to this ordinance must be submitted to and approved by the Co issioner of the Department of Natural Resources (DNR)prior to adoption. The Commissioner must a s prove the amendment prior to community approval. Subd. 3. Map Revisions Re i uire Ordinance Amendments.The floodplain district regulations must be amended to incorporate any evisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section '45.02, Subd. 3, of this ordinance. SECTION 2.0 This ordinance shall ake 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 Date Ordinance Takes Effect: October 27, 2016 Molly C Immmings, Mayor ATTEST: 6fnaikle/CE1 Amy Domeier, City Clerk 21