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.
1) 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.
2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City.
3) 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.
f. Alternative elevation methods other than the use of fill may be utilized to elevate a structures lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed area shall be considered above-grade and not a structures basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:
1) Design and Certification – The structures design and as-built condition must be certified by a registered professional engineer as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
2) Specific Standards for Above-grade, Enclosed Areas – Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
(i) The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and
(ii) That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.
Subsection 6. General Floodplain District (GF)
1. Permitted Uses
a. The uses listed in Subsection 4, Subpart 1 of this ordinance, Floodway District Permitted Uses, are permitted uses.
b. All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subsection 6, Subpart 2 below. Subsection 4 applies if the proposed use is determined to be in the Floodway District. Subsection 5 applies if the proposed use is determined to be in the Flood Fringe District.
2. Procedures for Floodway and Flood Fringe Determinations
a. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Official must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.
b. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subsection 6, Subpart 2.c below.
c. The determination of floodway and flood fringe must include the following components, as applicable:
1) Estimate the peak discharge of the regional (1% chance) flood.
2) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
d. The Zoning Official will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Official may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Official may approve or deny the application.
e. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Official must process the permit application consistent with the applicable provisions of Subsection 4 and Subsection 5 of this ordinance.
Subsection 7. Land Development Standards
1. In General
a. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Brooklyn Center.
2. Subdivisions
a. 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.
b. 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.
c. 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. 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.
d. 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.
e. In the General Floodplain District, applicants must provide the information required in Subsection 6, Subpart 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.
f. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
1) All such proposals are consistent with the need to minimize flood damage within the flood prone area;
2) All public utilities and facilities, such as sewer, gas, electrical, and later systems are located and constructed to minimize or eliminate flood damage; and
3) Adequate drainage is provided to reduce exposure of flood hazard.
3. Building Sites
a. 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:
1) 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;
2) Constructed with materials and utility equipment resistant to flood damage;
3) Constructed by methods and practices that minimize flood damage; and
4) 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.
Subsection 8. Public Utilities, Railroads, Roads, and Bridges
1. Public Utilities
a. 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.
2. Public Transportation Facilities
a. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Subsection 4 and Subsection 5 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.
3. On-site Water Supply and Sewage Treatment Systems
a. 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.
Subsection 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles
1. Manufactured Homes
a. 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:
1) Placement or replacement of manufactured home units is prohibited in the Floodway District.
2) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subsection 5 of this ordinance and the following standards:
(i) New and replacement manufactured homes must be elevated in compliance with Subsection 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 Subsection 7, Subpart 2.c.
2. Recreational Vehicles
a. 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.
b. 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 Subsection 9, Subpart 2.c below.
1) Individual lots or parcels of record.
2) Existing commercial recreational vehicle parks or campgrounds.
3) Existing condominium-type associations.
c. Criteria for Exempt Recreational Vehicles:
1) The vehicle must have a current license required for highway use.
2) 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.
3) No permanent structural type additions may be attached to the vehicle.
4) The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.
5) Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Subsection 9, Subpart 1.
6) An accessory structure must constitute a minimal investment
d. Recreational vehicles that are exempt in Subsection 9, Subpart 2.c 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 Subsection 5 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.
Subsection 10. Administration
1. Zoning Official
a. The Zoning Official or other official designated by the City Manager must administer and enforce this ordinance.
2. Permit Requirements
a. Permit Required. A permit must be obtained from the Zoning Official prior to conducting the following activities:
1) 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.
2) The use or change of use of a building, structure, or land.
3) 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.
4) The change or extension of a nonconforming use.
5) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
6) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
7) Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for such work.
8) Any other type of development as defined in Subsection 2, Subpart 9.a of this ordinance.
b. Application for Permit. Permit applications must be submitted to the Zoning Official on forms provided by the Zoning Official. The permit application must include the following as applicable:
1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
2) Location of fill or storage of materials in relation to the stream channel.
3) Copies of any required municipal, county, state or federal permits or approvals.
4) Other relevant information requested by the Zoning Official 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 Official 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 Official 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 Official 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 Official 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 Official must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
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 35-240 of the City Zoning Ordinance.
b. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, or 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:
1) 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.
2) Variances may only be issued by a community upon the following:
(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 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.
3) 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 Official 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.
e. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and special uses in floodplains:
1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
2) The danger that materials may be swept onto other lands or downstream to the injury of others;
3) he proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
5) The importance of the services to be provided by the proposed use to the community;
6) The requirements of the facility for a waterfront location;
7) The availability of viable alternative locations for the proposed use that are not subject to flooding;
8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
9) The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area;
10) The safety of access to the property in times of flood for ordinary and emergency vehicles; and
11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
f. Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Official must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
g. 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.
h. Record-Keeping. The Zoning Official 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.
4. Special Uses
a. Administrative Review. An application for a special use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 35-220 of the City Zoning Ordinance.
b. Factors Used in Decision-Making. In passing upon special use applications, the City must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Subsection 10, Subpart 3.e. of this ordinance.
c. Conditions Attached to Special Use Permits. The City may attach such conditions to the granting of special use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
1) Modification of waste treatment and water supply facilities.
2) Limitations on period of use, occupancy, and operation.
3) Imposition of operational controls, sureties, and deed restrictions.
4) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
5) 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 Zoning Official must submit hearing notices for proposed special 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.
e. Submittal of Final Decisions to the DNR. A copy of all decisions granting special 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.
Subsection 11. Nonconformities
1. Continuance of Nonconformities
a. 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 Subsection 2, Subpart 9.a of this ordinance, are subject to the provisions of Subsection 11, Subpart 1.b through 1.g noted below of this ordinance.
b. 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 Subsection 11, Subpart 1.c below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
c. 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 Subsection 11, Subpart 1.d and 1.h below.
d. If the cost of all previous and proposed alterations and additions exceeds fifty percent (50%) of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subsections 4 or 5 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.
e. 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 Official in writing of instances of nonconformities that have been discontinued for a period of more than one year.
f. If any nonconformity is substantially damaged, as defined in Subsection 2, Subpart 9.a 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 Subsections 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
g. If any nonconforming use or structure experiences a repetitive loss, as defined in Subsection 2, Subpart 9.a of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.
h. Any substantial improvement, as defined in Subsection 2, Subpart 9.a of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Subsections 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
Subsection 12. Penalties and Enforcement
1. Violation Constitutes a Misdemeanor
a. 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 special uses) constitute a misdemeanor and will be punishable as defined by law.
2. Other Lawful Action
a. Nothing in this ordinance restricts the City of Brooklyn Center 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 Official within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.
3. Enforcement
a. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 35-1040 of the City Zoning Ordinance. In responding to a suspected ordinance violation, the Zoning Official and City 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 Brooklyn Center 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.
Subsection 13. Amendments
1. Floodplain Designation Restrictions on Removal
a. 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.
2. Amendments Require DNR Approval
a. 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.
3. Map Revisions Require Ordinance Amendments
a. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Subsection 2, Subpart 3 of this ordinance.
Section 2. Section 35-2182 ADULT ESTABLISHMENTS is hereby renumbered and moved to Section 35-2200
Section 3. This ordinance shall become effective after adoption and upon thirty days following its legal publication.
Adopted this ________ day of _______________ 2016.
Mayor
ATTEST:
City Clerk
Date of Publication:_______________ Effective Date:_______________
Published in the
Brooklyn Center Sun Post
September 22, 2016
597560 & 597750
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