Ordinance 068•
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 68
FLOOD PLAIN MANAGEMENT ORDINANCE
THE CITY COUNCIL OF CHANHASSEN ORDAINS:
SECTION 1.0 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE.
1.1 Statutory Authorization. The Legislature of the State of
Minnesota has, in Minnesota Statutes Chapter 104 and Section 462.357,
delegated the responsibility to local governmental units to adopt
regulations designed to minimize flood losses. Therefore, the City Council
of Chanhassen, Minnesota, ordains as follows:
1.2 Findings of Fact.
1.21 The flood hazard areas of Chanhassen, Minnesota, are
subject to periodic inundation which results in potential loss of
life, loss of property, health and safety hazards; disruption of
commerce and governmental services, extraordinary -public expenditures
for flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety, and general
welfare.
1.22 Methods Used to Analyze Flood Hazards. This Ordinance
is based upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota Department
of Natural Resources.
1.3 Statement of Purpose. It is the purpose of this Ordinance
to promote the public health, safety, and general welfare and to
minimize those losses described in Section 1.21 by provisions contained
herein.
SECTION 2.0 GENERAL PROVISIONS.
2.1 Lands to Which Ordinance Applies. This Ordinance shall
apply to.all lands in the jurisdiction of the City of Chanhassen as
shown on the Flood Boundary and Floodway Map, Community Panel No. 270051-
0005B effective July 2, 1979; and Community Panel No. 2700510010B
effective date July 2, 1979; and the Flood Insurance Rate Map, Community
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Panel No. 2700510005B effective date July 2, 1979; and Community Panel
• No. 2700510010B effective date July 2,1979, as being located within
the boundaries of the Floodway, Flood Fringe, or General Floodplain
Overlay Districts, copies of which are on file in the office of the
Zoning Administrator.
2.2 Establishment of Official Zoning Map. The Official Zoning
Map together with all materials attached thereto is hereby adopted by
reference and declared to be a part of this ordinance. The Official
Zoning Map is on file in the Office of the City Clerk and the Zoning
Administrator. The materials attached to the Official Zoning Map
shall include the following:
a) Flood Insurance Study, City of Chanhassen, Minnesota,
prepared by the Office of Federal Insurance and Hazard Mitigation,
dated January, 1979, and the Flood Boundary and Floodway and Flood
Insurance Rate Maps contained therein.
b) The study entitled Flood -Plain Areas of the Lower
Minnesota River, prepared by the United States Department of Interior,
dated 1973.
2.3 Regulatory Flood Protection Elevation. The Regulatory
Flood Protection Elevation shall be an elevation no lower than two feet
above the elevation of the regional flood plus any increases in flood
elevation caused by encroachment on the flood plain that result from
designation of a floodway.
2.4 Interpretation.
2.41 In the interpretation and application, the provisions
of this Ordinance shall be held to be minimum requirements and shall
be liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by State
Statutes.
2.42 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 City Council shall make the necessary interpre-
tation based on elevation 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 present
their case to the City Council and to submit technical evidence.
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2.5 Compliance. No structure or land shall hereafter be used
and no structure shall be located, extended, converted, or structurally
altered without full compliance with the terms of this Ordinance and
. other applicable regulations which apply to uses within the jurisdiction
of this Ordinance.
2.6 Abrogation and Greater Restrictions. It is not intended by
this Ordinance to repeal, abrogate, or impair any existing easements,
covenants, watershed district regulations, deed restrictions, or
ordinances including Zoning Ordinance 47 and its amendments. However,
when inconsistencies between this ordinance and existing ordinances,
amendments and regulations arise, the most restrictive shall prevail.
2.7 Warning and Disclaimer of Liability. This ordinance does not
imply that areas outside of flood plain districts or land uses permitted
within such districts will be free from flooding or flood damages.
This ordinance shall not create liability on the part of the City of
Chanhassen or any officer or employee thereof for any flood damages
that result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
2.8 Severability. If any section, clause, provision, or portion
of this ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
2.9 Definitions. Unless specifically defined below, words or
phrases used in this ordinance shall be interpreted so as to give them
• the same meaning as they have in common usage and so as to give this
ordinance its most reasonable application.
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a. Accessory Use or Structure - a use or structure
on the same zoning lot with, and of a nature
customarily incidential and subordinate to, the
principal use or structure.
b. Equal Degree of Encroachment - a method of determining
the location of floodway boundaries so that flood
plain lands on both sides of a stream are capable
of conveying a proportionate share of flood flows.
C. Flood - a temporary increase in the flow or stage of
a stream or in the stage of a lake that results in
the inundation of normally dry areas.
d. Flood Frequency - the average frequency, statistically
determined, for which it is expected that a specific
flood stage or discharge may be equalled or exceeded.
e. Flood Fringe - that portion of the flood plain
outside of the floodway. Flood fringe is synonymous
with the term "floodway fringe" used in the Flood
Insurance Study dated January, 1979, for the City of
Chanhassen.
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f. Flood Insurance Study - a study conducted by the
Office of Federal Insurance and Hazard Mitigation
• for the purpose to investigate the existence and
severity of flood hazard in the City of Chanhassen,
and to aid in'the administration of the National
Flood Insurance Act of 1968 and the Flood Disaster
Protection Act of 1973, the official copy of which
is dated January, 1979, and is on file in the office
of the Zoning Administrator.
cj. Flood Plain - the areas adjoining a watercourse
which have been or hereafter may be covered by the
regional flood.
h. Flood -Proofing - a combination of structural provisions,
c anges, or adjustments to properties and structures
subject to flooding, primarily for the reduction
or elimination of flood damages.
i. Floodway - the channel of the watercourse and those
portions of the adjoining flood plain which are
reasonably required to carry and discharge the regional
flood.
j. 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 flood plain which may impede, retard, or
change the direction of the flow of water, either in
itself or by catching or collecting debris carried
by such water.
k. Reach - a hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced
by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two
consecutive bridge crossings would most typically
constitute a reach.
1. Regional Flood - a flood which is representative of
large floods known to have occurred generally in
Minnesota and reasonably characteristic of what can
be expected to occur on an average frequency in the
magnitude of the 100 -year recurrence interval.
Regional flood is synonymous with the term "base
flood" used in the Flood Insurance Study.
M. Structure - anything constructed or erected on the
ground or attached to the ground, including, but not
limited to, buildings, factories, sheds, detached
garages, cabins, mobile homes, and other similar items.
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SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS.
• The flood plain areas within the jurisdiction of this ordinance
are hereby divided into three districts: Floodway District (FW),
Flood Fringe District (FF), and General Flood Plain District (GFP),
as designated in the following Sections 3.1, 3.2 and 3.3, which are
hereby designated overlay districts for flood insurance purposes to the
land use allocations of Zoning Ordinance 47.
3.1 Floodway District. The Floodway District shall include
those areas designated as floodway in the Flood Insurance Study.
3.2 Flood Fringe District. The Flood Fringe District shall
include those areas designated as floodway fringe in the Flood
Insurance Study.
3.3 General Flood Plain District. The General Flood Plain
District shall include those areas designated as unnumbered A Zones
on the Flood Insurance Rate Map.
The boundaries of the foregoing districts shall be adopted
as part of the Official Zoning Map.
SECTION 4.0 FLOODWAY DISTRICT (FW)
4.1 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 or watershed district regulations and
provided they do not require structures, fill, or storage of materials
or equipment. In addition, no use within a floodway district shall be
permitted to 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.
4.11 Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, and wild crop harvesting.
4.12 Industrial -Commercial uses such as loading areas, parking
areas, and airport landing strips.
4.13 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 hatcheries, shooting preserves, target ranges, trap
and skeet ranges, hunting and fishing areas, and single or multiple
purpose recreational trails.
4.14 Residential uses such as lawns, gardens, parking areas, and
play areas.
• 4.2 Conditional Uses. The following open space uses require
accessory structures temporary or permanent), or fill 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
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in Section 10.4 of this ordinance. These uses are also subject to the
provisions of Section 4.3, which applies to all floodway conditional
uses.
4.21 Structures accessory to open space uses.
4.22 Placement of fill.
4.23 Extraction of sand, gravel, and other materials.
4.24 Marinas, boat rentals, docks, piers, wharves, and
water control structures.
4.25 Railroads, streets, bridges, utility transmission
lines, and pipelines.
4.26 Storage yards for equipment, machinery, or materials.
4.27 Other uses similar in nature to uses described in
Sections 4.1 and 4.2 which are consistent with the provisions set out
in Sections 1.3 and 4.0 of this ordinance.
4.3 Standards for Floodway Conditional Uses.
4.31 All Uses. No structure (temporary or permanent), fill
(including 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
anticipated future uses, adversely affects the capacity of the floodway
or increases flood heights. In addition, all floodway Conditional Uses
shall be subject to the standards contained in Section 10.45 and the
following standards (Sections 4.32 -. 4.36).
4.32 Fill
(1) Any fill deposited in the floodway shall be
no more than the minimum amount necessary to
conduct a Conditional Use listed in Section 4.2.
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.
(2) Spoil from dredging or sand and gravel operations
shall not be deposited in the floodway unless
it can be done in accordance with (1) of this
Section.
(3) Fill shall be protected from erosion.by
vegetative cover.
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4.33 Accessory Structures (temporary or permanent) permitted
as Conditional Uses by Section 4.21.
(1) Accessory structures
for human habitation.
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shall not be designed
(2) Accessory structures, if permitted, shall
be constructed and placed on the building site
so as to offer the minimum obstruction to the flow
of flood waters.
(a) Whenever possible, structures shall be
constructed with the longitudinal axis
parallel to the direction of flood flow,
and,
(b) So far as practicable, structures shall
be placed approximately on the same flood
flow lines as those of adjoining structures.
(3) Accessory structures shall be flood -proofed in
accordance with the Minnesota State Building
Code, 1973 Edition.
4.34 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.
• 4.35 Structural Works for Flood Control. Levees, dikes,
and floodwalls shall not be constructed within the limits of the Floodway
District. Other structural works for flood control such as dams and
channel enlargements that will change the course, current or cross-
section of a public water shall be subject to the provisions of Minnesota
Statutes 197£3 Chapter 105.
SECTION 5.0 FLOOD FRINGE DISTRICT (FF)
5.1 Permitted Uses. The following uses shall be permitted within
the Flood Fringe District to the extent that they are not prohibited by
any other ordinance and watershed district regulation.
5.11 Any use permitted in Section 4.1.
5.12 Structures accessory to a permitted use provided they
comply with the provisions of Section 4.33 of this ordinance.
5.13 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 two (2) feet below the Regulatory Flood
Protection Elevation and shall extend at such elevation at least fifteen
(15) feet beyond the limits of any structure or building erected thereon.
• Fill shall be compacted and the slopes shall be protected by riprap or
vegetative covering. Residences constructed on fill shall be subject to
the vehicular access requirements in Section 5.31.
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No use shall be permitted which will adversely affect the capacity of
the channels or floodways of any tributary to the main stream, or of anv
drainage ditch, or any other drainage facility or system.
• 5.2 Conditional Uses. Other uses are permitted only upon applica-
tion to theZoninq Administrator and the issuance of a Conditional Use
Permit as provided in Section 10.4 of this Ordinance and subject to the
following provisions:
5.21 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 Buildinq Code.
5.22 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 residence below the Regulatory Flood Protection
Elevation may be used for human occupancy.
5.23 - 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 Buildinq Code. Structures that are not
elevated to above the Regulatory Flood Protection Elevation shall be
flood -proofed to FP -1 or FP -2 classification as defined by the State
. Buildinq Code. Structures flood -proofed to FP -3 or FP -4 classification
shall not be permitted.
5.3 Standards for Flood Fringe Uses
5.31 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 City Council. In granting a variance the
Council shall specify limitations on the period of use or occupancy
of the residence.
5.32 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 if the area would inundate to a depth
greater than two feet or be subject to flood velocities greater than
four feet per second upon occurrence of the regional flood.
5.33 Manufacturing and Industrial Uses. Measures shall be
taken to minimize interference with normal plant operations especially
along streams having protracted flood durations. Certain accessory land
uses such as yards and parking lots may be at lower elevations subject
to requirments setforth in Section 5.32 above. In considering permit
• applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
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• SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT
6.1 Permitted Uses. Permitted uses shall include those uses as
permitted by Section 4.1 of this Ordinance.
6.2 Conditional Uses. All other uses are Conditional Uses and
are permitted only upon the issuance of a conditional use permit as
provided in Section 10.4. The General Flood Plain District includes the
entire flood plain and does not differentiate between those areas which are
floodway and those areas which are flood fringe. Because of this, the
City of Chanhassen shall determine whether the proposed use is in the
floodway or flood fringe using procedures established in Section 10.43.
If it is determined that the use lies in the floodway, the provisions of
Section 4.0 of this ordinance shall apply. If it is determined that the
proposed use lies in the flood fringe, the provisions of Section 5.0 of
this ordinance shall apply.
SECTION 7.0 SUBDIVISIONS
No land shall be subdivided which is held unsuitable by the City Council
for reason of flooding, inadequate drainage, water supply or sewage
treatment facilities. All lots within the flood plain districts shall
contain a building site at or above the Regulatory Flood Protection Eleva-
tion. All subdivisions shall have water and sewage disposal facilities
which comply with the provisions of all City ordinances and have road
access both to the subdivision and to the individual building sites no
. lower than two feet below the Regulatory Flood Protection Elevation.
Inthe General Flood Plain District, applicants shall provide the infor-
mation required in Section 10.43 of this Ordinance. The City Council
shall evaluate the subdivision in accordance with procedures established
in Section 10.43 and standards contained in Section 10.45 of this
Ordinance and all other applicable City ordinances.
SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, A14D BRIDGES.
8.1 Public Utilities. All public utilities and facilities such as
gas, electrical, sewer,•and water supply systems to be located in and
flood plain shall be flood -proofed in accordance with the State Building
Code or elevated to above the Regulatory Flood Protection Elevation.
8.2 Public Transportation Facilities. Railroad tracks, roads, and
bridges to be located within the Floodway District shall comply with
Sections 4.31 and 4.32 of this Ordinance. Elevation to the Regulatory
Flood Protection Elevation shall be provided where failure or inter-
ruption of these transportation 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 rail-
roads may be constructed at a lower elevation where failure or inter-
ruption of transportation services would not endanger the public health
or safety.
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SECTION 9.0 MOBILE HOMES AND MOBILE HOME PARKS
9.1 Mobile Homes and Mobile Home Parks shall not be permitted
in the flood plain districts as designated by this ordinance.
SECTION 10.0 ADMINISTRATION
10.1 Zoning Administrator. A Zoning Administrator designated by'
the City Council shall administer and enforce this Ordinance. If the
Zoning Administrator finds a violation of the provisions of this
Ordinance, the Zoning Administrator shall notify the person responsible
for such violation, indicate the nature of the violation, and order the
action necessary to correct it.
10.2 Use Permit.
10.21 Use Permit Required. A Use Permit issued by the City
Council in conformity with the provisions of this ordinance shall be
secured prior to the erection, addition, or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a
building, structure or land; prior to the change of a non -conforming
use; and prior to the placement of fill or excavation or materials
within the flood plain.
10.22. Application for Use Permit. Application for a Use
Permit shall be made in duplicate to the Zoning Administrator on forms
furnished by the City and shall .include the following where applicable:
• plans in duplicate drawn to scale, showing the nature, location, dimen-
sions and elevations of the lot; existing or proposed structures, fill, or
storage of materials; and the location of the foregoing in relation to
the stream channel.
10.23. State and Federal Permits. Prior to processing an applica-
tion for a use permit or a conditional use permit or variance, the
Zoning Administrator shall advise the City Council as to whether the
applicant has obtained all necessary State and Federal permits.
10.24 Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit the
use or occupancy of any building or premises or part thereof hereafter
created, erected, changed, converted, altered, or enlarged in its use
or structure until a Certificate of Zoning Compliance shall have been
issued by the Zoning Administrator stating that the use of the building
or land conforms to the requirements of this Ordinance and all other
applicable City ordinances.
10.25. Construction and Use to be as Provided in Applications,
Plans, Permits, and Certificate of Zoning Compliance. Use Permits, Con-
ditional Use Permits, or Certificate of Zoning Compliance issued on the
basis of approved plans and applications shall authorize only the use,
arrangement, and construction set forth in such approved plans and
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applications, and no other use, arrangement, or construction shall be
• permitted. Any use, arrangement, or construction at variance with that
authorized shall be deemed violation of this Ordinance,and.punishable
as provided by Section 12.0 of this Ordinance. The applicant shall be
required to submit certification by a registered land surveyor that the
finished fill and building elevations were completed in compliance with
the provisions of this ordinance. Flood proofing measures shall be
certified by a registered professional engineer or registered architect.
10.26 Record of First Flood Elevation. The Zoning Administrator
shall maintain a record of the elevation of the first floor (including
basement) of all new structures or additions to existing structures in
the flood plain districts and shall also maintain a record of the ele-
vations to which structures or additions to structures are flood -proofed.
10.3 City Council.
10.31 Variances. The City Council shall exercise powers con-
ferred by State law, and Section 22 of Ordinance 47. In addition to the
notification provisions of Section 22 of Ordinance 47, the Zoning Ad-
ministrator shall mail a notice of the public hearing and the application
for the proposed variance to the Commissioner of Natural Resources to be
received by him at least ten days prior to any such hearing.
10.32. Decisions. In granting a variance, the City Council may
prescribe appropriate conditions and safeguards, including those speci-
fied in Section 10.47, which are in conformity with the purpose of this
SOrdinance. Violations of such conditions and safeguards, when made a
part of the terms under which the Variance is granted, shall be deemed
a violation of this ordinance punishable under Section 12.0. A copy of
all decisions granting Variances shall be forwarded by mail to the Com-
missioner of Natural Resources within ten (10) days of any such action.
10.33 Appeals. Appeals from any decision of the Zoning Adminis-
trator or other City Officer may be taken to the City Council by any
person. The decision of the City Council may be appealed to the district
court of this jurisdiction as provided in Minnesota Statutes §462.361.
10.34 No variance shall have the effect of allowing in any
district uses prohibited in the district, or permitting a lower degree
of flood protection than the Regulatory Flood Protection Elevation for
the particular area, or permitting standards lower than those required
by State law.
10.4 Conditional Uses. The City Council shall decide applications
for Conditional Uses permissible under this Ordinance. Applications
shall be submitted to the Zoning Administrator who shall forward the
application to the Planning Commission for consideration.
10.41 Hearings. Upon receipt in proper form of the application
for a conditional use permit, the Planning Commission shall hold at least
one (1) public hearing on the proposed conditional use, and at least ten
• (10) days in advance of the hearing, notice of time and place of the
hearing shall be published in the official newspaper of the City. A
similar notice shall be mailed at least ten (10) days before the day of
the hearing to each property owner of affected property and property
situated wholly or partially within 350 feet of the property to which the
conditional use relates. The Zoning Administrator shall submit by mail to
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the Commissioner o atural Resources, a copy f the notice of hearing
and the applicatio for proposed conditional is to be received by him
at least ten (10) days prior to the public hearing.
10.42. Decisions. Prior to the granting of any conditional use,
• the Planning Commission may recommend, and the City Council, in its
discretion, may stipulate such conditions and restrictions upon the
establishment, location, construction, maintenance and operation of the
conditional use including those specified in Section 10.47 of this
ordinance which are in conformity with the purposes of this ordinance, and
as deemed necessary for the protection of the public interest. Violations
of such conditions and safeguards, when made a part of the terms under whic
the conditional use permit is granted, shall be deemed a violation of this
ordinance punishable under Section 12.0. A copy of all decisions granting
conditional use permits shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such action.
10.43. Procedures for Evaluating Proposed Conditional Uses
Within All General Flood Plain Districts.
1. Upon receipt of an application for a Conditional Use Permit
for a use within all Flood Plain Districts, the applicant shall
be required to furnish such of the following information as
is deemed necessary by the City Council for the determination
of the Regulatory Flood Protection Elevation and whether the
proposed use is within the floodway or flood fringe districts.
a. A typical valley cross-section showing the channel of
the stream, elevation of land area adjoining each side
of the channel, cross-sectional areas to be occupied by
• the proposed development, and high water information.
b. Plan (surface view) showing elevations or contours of
the ground; pertinent structure, fill, or storage
elevations; size, location, and spatial arrangement of all
proposed and existing structures on the site; location and
elevations of streets; color photographs showing existing
land uses and vegetation upstream and downstream; and soil
type.
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C. Profile showing the slope of the bottom of the channel
or flow line of the stream for at least 500 feet in either
direction from the proposed development.
d. Specifications for building construction and materals,
flood -proofing, filling, dredging, grading, channel
improvement, storage of materials, water supply and
sanitary facilities.
2. One copy of the above information shall be transmitted to each
of the City Engineer and Zoning Administrator for technical
assistance in determining whether the proposed use is in the
floodway or flood fringe districts and to determine the
Regulatory Flood Protection Elevation. Procedures consistent
with Minnesota Regulations NR 86-87 shall be followed in this
expert evaluation. The designated engineer or.expert shall:
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a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface -profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
C. Compute the floodway necessary to convey the regional
flood without increasing flood stages more than 0.5
feet. An equal degree of encroachment on both sides of
the stream within the reach shall be assumed in computing
floodway boundaries.
3. Based upon the technical evaluation of the designated engineer
or expert, the City Council shall determine:
a. whether the proposed use is in the floodway or flood
fringe district; and
b. the Regulatory Flood Protection Elevation at the site; and
C. the specific flood hazard; and
d. the suitability of the proposed use in relation to the
flood hazard.
10.44. Factors Upon Which the Decision of the City Council Shall
• Be Based. In passing upon Conditional Use applications, the City
Council shall consider all relevant factors specified in other sections
of this Ordinance and other applicable City ordinances, and:
1. The danger to life and property due to increased flood
heights or velocities caused by encroachment.
2. The danger that materials may be swept onto other lands or
downstream to the injury of others.
3. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and
unsanitary conditions.
4. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual
owner.
5. The importance of the services provided by the proposed facility
to the community.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding
for the proposed use.
8. The compatibility of the proposed use with existing development
0 and development anticipated in the foreseeable future.
9. The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
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10. The safety of access to the property in times of flood for
• ordinary and emergency vehicles.
11. The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
12. Such other factors which are relevant to the purposes of this
ordinance.
10.45 Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purposes of this
Ordinance, 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:
1. Modification of waste disposal and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed
restrictions.
4. Requirement for construction of channel modifications,
dikes, levees, and other protective measures.
5. Flood -proofing measures, in accordance with the State Building
• Code. The applicant shall submit a plan or document certified
by a registered professional engineer or architect that the
flood -proofing measures are consistent with the Regulatory
Flood Protection Elevation and associated flood factors for
the particular area.
•
SECTION 11.0 FLOODWAY AND FLOOD FRINGE NONCONFORMING USES AND
STRUCTURES.
11.1 A structure or the use of a structure or premises within the
floodway or flood fringe districts 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 conditions
of Section 20, Non -Conforming Uses, of the Chanhassen Zoning Ordinance 47
and the provisions of this Ordinance, whichever are most restrictive.
11.11 No such structure or use shall be expanded or altered in a
way which increases its nonconformity.
11.12 No structural alteration or addition to any non -conforming
structure over the life of the structure shall exceed 50 percent of its
value as determined.by the City Council at the time of its becoming a
non -conforming structure, unless the entire structure is permanently
changed to a conforming structure, or unless the alteration or addition
would substantially reduce potential flood damages for the entire structure
-14-
•
• 11.13 Any alteration or addition to a non -conforming structure
which would result in substantially increasing the flood damage poten-
tial of that use shall be flood -proofed in accordance with the State
Building Code.
11.14 If any non -conforming structure or use is destroyed by any
means, including floods, to an extent of 50 percent or more of its
value as determined by the City Council, it shall not be reconstructed
except in conformity with the provisions of this Ordinance. Provided,
however, the City Council may issue a Conditional Use Permit for recon-
struction if the use is located outside the floodway and, upon recon-
struction, is adequately flood -proofed, elevated, or otherwise protected
in conformity with Section 10.45.
11.15 The Zoning Administrator shall prepare a list of those.non-
conforming uses which have been flood -proofed or otherwise adequately
protected in conformity with this Ordinance. He shall present such list
to the City Council, which may issue a certificate to the owner stating
that such uses, as a result of these corrective measures, are in con-
formity with the provisions of this Ordinance.
SECTION 12.0 PENALTIES FOR VIOLATION.
Violation of the provisions of this Ordinance or failure to comply with
any of its requirements (including violations of conditions and safe-
guards established in connection with grants of Variances of Conditional
Uses) shall constitute a misdemeanor. Any person who violates this
Ordinance or fails to comply with any of its requirements shall upon
conviction thereof be fined not more than $500 or imprisoned for not
more than 90 days, or both, and in addition shall pay all costs and
expenses involved in the case. Each day such violation continues shall
be considered a separate offense.
Nothing herein contained shall prevent the City of Chanhassen from
taking such other lawful action as is necessary to prevent or remedy
any violation.
SECTION 13.0 AMENDMENTS.
The flood plain designation on the Official Zoning Map shall not be
removed from flood plain areas unless it can be shown that the desig-
nation is in error or that the area has been filled to or above the
elevation of the regional flood and is contiguous to lands outside
the flood plain.
Special exceptions to this rule may be permitted by the Commissioner
of Natural Resources if he determines that, through other measures,
lands are adequately protected for the intended use.
All amendments of this Ordinance and amendments to the Official Zoning
Map in the Floodway, Flood Fringe, and General Flood Plain Districts
must be submitted to and approved by the Commissioner of Natural
Resources and the Federal Insurance Administration.
-15-
•
•
r
SECTION 14.0 DEPOSIT FOR COSTS.
Prior to consideration by the Council, Planning Commission, or any
City official of an application for a variance, conditional use permit,
rezoning, or any determination relevant to the administration, applica-
tion or enforcement of this ordinance, the Zoning Administrator may.
require the applicant to deposit with the City funds estimated by the
Zoning Administrator to be sufficient to defray all City expense in
processing said application, including, but without limitation to,
City staff administration costs and engineering, planning, legal, and
soil consultants' fees. Any balance of said deposit remaining after
completion of proceedings on the application shall be refunded to the
applicant.
SECTION 15.0 VOTE REQUIRED.
Conditionaluse permits may be granted and this ordinance amended only
by an affirmative vote of four-fifths (4/5) of the City Council.
SECTION 16.0 EFFECTIVE DATE.
This ordinance shall take effect and be in force from and after its
passage and publication.
Passed by the City Council of the -
16th day of July , 1979.
ATTEST:
Donald W. Ashworth ity Manager
-16-
ty of Chanhassen, Minnesota, this
alter Hobbs, Mayo
Published in Carver County Herald on August 1 , 1979.
Protection Elevation anu snow ,-• _---- --- Counc
2.9 Definitions. Unless specifically defined below, at least Fifteen (15) feet beyond the limits of any safeg
or phrases used in this ordinance shall be in- structure ft building erected thereon. Fill shall be which
eted so as to give them the same in as they compacted and the slopes shall be protected by riprap dinan
ave in common usage and so as to give this ordinance or vegetative covering. Residences constructed on fill when
s most reasonable application. shall be subject to the vehicular access requirements in V arin
a. Accessory Use or Structure - a use r structure on Section 5.31. this o
to same zoning lot with, and of a nature customarily all de
incidential and subordinate to, the principal use or the °capac cause pacity of be themchannels tco will
of affect
mail
structure. ten
b. Equal Degree of Encroachment - a method of tributary to the main stream, or of any drainage ditch,
determining the location of floodway boundaries so that or any other drainage facility or system. 10.
flood plain lands on both sides of a stream are capable of upon a5.2 pplication on t Uses.ional Other
Zoning Administrator tra or land the Zoni
conveying a proportionate share of flood flows. P PP take
c. Flood - temporary increase in the flow or stage of a issuance of a Conditional Use Permit as provided to the C
stream or in the stage of a lake that results in the Section 10.4 of
fthiOrdinance and subject to the this
following provisions:
inundation of normally dry areas. g.21 Residences. Where existing streets, utilities, and 462.
d. Flood Frequency - the average frequency,
10.
statistically determined, for which it is expected that a small lot sizes preclude the use of fill, other methods o any
specific flood stage or discharge may be equalled or elevating gulatoryrst Fl Flood floor
P(including
Elevationsementsmayobe a to
exceeded. roofed Floo
e. Flood Fringe - that portion of the flood plain outside authorized, provided that the residence is flood -proofed per
of the floodway. Flood fringe is synonymous with the 1°accordance ResidentialhBasemthe tentsate BResident Residential Law.
term "floodway fringe" used in the Flood Insurance below the flood protection elevation may be authorized 10
Study dated January, 1979, for the City of Chanhassen. appl
f. Flood Insurance
Study - a study conducted by the cordancethey rwith therSta e Building clCode. No floororOrd
Office of Federal Insurance and Hazard Mitigation for portion of a residence below the Regulatory Flood Zon'
the purpose to investigate the existence and severity of rotection Elevation may be used for human oc- to t
"flood hazard in the City of Chanhassen, and to aid in the cu ancy. 10
"administration h the National Flood Insurance Act of 5 23 Non -Residential Structures. Commercial, app
1968 and the Flood Disaster Protection Act of 1973, the manufacturing & industrial structures shall ordinarily Co
official copy of which is dated January, 1979, and is on be elevated on fill so that their first floor (including the
file in the office of the Zoning Administrator. basement) is above the Regulatory Flood Protection
g. Flood Plain - the areas adjoining a watercourse Elevation but may in special circumstances be flood- ihea
n a
which have been or hereafter may be covered by the proofed in accordance with the State Building Code. the
regional flood. Structuresthat are not elevated to above the Regulatory FP- (10
h. Flood -Proofing - a combination of structural Flood Protection Elevation shall be flood -p ow
provisions; changes, or adjustments to properties and l or FP -2 classification as defined by the State Building or
structures subject to flooding, primarily for the Code. Structures flood -proofed to FP -3 or FP -4 co
reduction of elimination of flood damages. classification shall not be permitted. su
i. Floodway -the channel of the watercourse and those 5.3 Standards for Flood Fringe Uses. Re
portions of the adjoining flood plain which are 5.31 Residential Uses. Residences that do not have
reasonably required to carry and discharge the regional vehicular access at or above an elevation not more than Pi'
two feet below the Regulatory Flood Protection ht
flood.
j. Obstruction -any dam, wall, wharf, embankment, Elevation shall not be permitted unless granted a
wire, fence, variance by the City Council. In granting a variance the di
levee, dike, pile, abutment, projection, excavation, m
channel modification, culvert, building, Council shall specify limitations on the period of use or st
stockpile, refuse, fill, structure, or matter in, along, occupancy of the residence.
5.32. Commercial Uses. Accessory land uses, such as e
across, or projecting into any channel, watercourse, or P be at °
regulatory flood plain which may impede, retard, or yards, railroad tracks, and parking lots may s
change the direction of the flow of water, either in itself elevations lower than the Regulatory Flood Protection
or by catching or collecting debris carried by such Elevation. However, a permit for such facilities to be c
water. used by the employee's or the general public shall not d
k. Reach - a hydraulic engineering term to describe a be granted in the absence of a flood warning system that
longitudinal segement of a stream or river influenced by provides adequate time for evacuation if the area
be d
a natural or man-made obstruction. In an urban area, P
the segement of a stream or rider between two con would in to a depth greater than two feet or per
thesecleve bridge. crossings would most typically con- subject to flood velocities greater than four feet per
second upon occurrence of the regional flood. s
stitute a reach. 5.33 Manufacturing and Industrial Uses. Measures
1. Regional Flood - a flood which is representative of shall be taken to minimize interference with normal
large floods known to have occurred generally in plant operations especially along streams having
Minnesota and reasonably characteristic of what can be rotracted flood durations. Certain accessory land uses
expected to occur on an average frequency in the such as yards and parking lots may be at lower
magnitude of the 100 -year recurrence interval. Regional elevations subject to requirements setforth in Section
flood is synonymous with the term "base flood" used in 5.32 above. In considering permit applications, due
the Flood Insurance Study. consideration shall be given to needs of an industry
m. Structure - anything constructed or erected on the whose business requires that it be located in flood plain
ground or attached to the ground, including, but not
limited to, buildings, factories, sheds, detached areas.
garages, cabins, mobile homes, and other similar items. SECTION 6.0 GENERAL FLOOD PLAIN DISTRICT
SECTION 3.0 ESTABLISHMENT OF ZONING 6.1 Permitted Uses. Permitted uses shall include
those uses as permitted by Section 4.1 of this Ordinance.
DISTRICTS. 6.2 Conditional Uses. All other uses are Conditional
The flood plain areas within the jurisdiction of this Uses and are permitted only upon the issuance of a
ordinance are hereby divided into three districts: conditional use permit as provided in Section 10.4. The
Floodway District (FW), Flood Fringe District (FF), General Flood Plain District includes the entire flood
and General Flood Plain District (GFP), as designated
in the following Sections 3.1, 3.2 and 3.3, which are plain and does not differentiate between those areas
hereby designated overlay districts for flood insurance which are floodway and those areas which are flood
purposes to the land use allocations of Zoning Ordinance fringe. Because of this, the City of Chanhassen shall
determine whether the proposed use is in the floodway
47. or flood fringe using procedures established in Section
3.1 Floodway District. The Floodway District shall 10.43. IE it is determined that the use lies in the floodway,
include those areas designated as floodway in the Flood the provisions of Section 4.0 0£ this ordinance shall
Insurance Study. apply. If i[ is determined that the proposed use lies in
3.2 Flood Fringe District. The Flood Fringe District the flood fringe, the provisions of Section 5.0 of this
shall include those areas designated as floodway fringe ordinance shall apply.
in the Flood Insurance Study. SECTION 7.0 SUBDIVISIONS
3.3 General Flood Plain District. The General Flood No land shall be subdivided which is held unsuitable
Plain District shall include those areas designated as by the City Council for reason of flooding, inadequate
unnumbered A Zones on the Flood Insurance Rate Map. drainage, water supply or sewage treatment facilities.
The boundaries of the foregoing districts shall be All lots within the flood plain districts shall contain a
adopted as part of the Official Zoning Map. building site at' or above the Regulatory Flood
SECTION 4.0 FLOODWAY DISTRICT [FW j protection Elevation. All subdivisions shall have t bater
the'
4.1 Permitted Uses. The fallowing uses have a low and sewage disposal facilities which comply
flood damage potential and do not obstruct flood flows. provisions of all City ordinances and have road access
These uses shall be permitted within the Floodway both to the subdivision and to the individual building
District to the extent that they are not prohibited by any sites no lower than two feet below the Regulatory Flood
Cher rrdmance or watershed district regulations :and Protection Elevation. applicants
crovided they do not require structures,fill, or storage In the General Flood Plain District,
o[-aterials or equipment. In addition, no use within a shall provide the information required in Section 10.43 of
floodway district shall be permitted to adversely affect this Ordinance. The City Council shall evaluate the
the capacity of the channels or floodways or any subdivision in accordance with procedures established
tributary to the main stream or of any drainage ditch, or in Section 10.43 and standards contained in Section 10.44
any other drainage facility or system. of this Ordinance and all other applicable City Or
4.11 Agricultural uses such as general farming, dinances.
pasture,. grazing, outdoor plant nurseries, horticulture, SECTION 8.0 PUBLIC UTILITIES, RAILROADS,
truck farm ing;:forestry, sod farming, and wild crop ROADS, AND BRIDGES.
harvesting. 8.1 Public Utilities. All public utilities and facilities
4.12 Industrial -Commercial uses such as loading such as gas, electrical, sewer, and water supply
areas. parking areas- and airport land strips. systems to be located in and flood plain shall be flood -
4
13 pr'.. ate and public recreational uses such as golf proofed in accordance with the State Building Code or
coursee.tenc:s courts. driving ranges, archery ranges, elevated to above the Regulatory Flood Protection
picnic grounds, boat launching ramps, swimming Elevation.
areas. parks, wildlife and nature preserves, game 8,2 Public Transportation Facilities. Railroad tracks,
farms, fish hatcheries, shooting preserves, target roads, and bridges to be located within the Floodway
ranges, trap and skeet ranges, hunting and fishing District shall comply with Sections 4.31 and 4.32 of this
areas, and single or multiple purpose recreational Ordinance. Elevation to the Regulatory Flood
trails. ' Protection Elevation shall be provided where failure or
4.14 Residential uses such as lawns, gardens, parking interruption of these transportation facilities would
areas, and play areas. result in danger to the public health or safety or where
4.2 Conditional Uses. The following open space uses such facilities are essential to the orderly functioning of
require accessory structures (temporary °r per- the area. Minor or auxiliary roads or railroads may be
manent), or fill or storage of materials or equipment. constructed at a lower elevation where failure or in
use may be permitted in the Floodway District terruption of transportation services would not en
only after the issuance of a Conditional Use Permit as danger the public health or safety.
provided in Section 10.4 of this ordinance. These uses SECTION 9.0 MOBILE HOMES AND MOBILE HOME
are also subject to the provisions of Section 4.3, which PARKS
applies to all floodway conditional uses. 9.1 Mobile Homes and Mobile Home Parks shall not be
4.21 Structures accessory to open space uses. permitted in the flood plain districts as designated by
4.22 Placement of fill. this ordinance.
4.23 Extraction of sand, gravel, and other materials. SECTION 10.0 ADMINISTRATION
4.24 Marinas, boat rentals, docks, piers, wharves, and 10.1 Zoning Administrator. A Zoning Administrator
water control structures. designated by the City Council shall administer and
4.25 Railroads, streets, bridges, utility transmission enforce this Ordinance. If the Zoning Administrator
'lines, and pipelines. finds a violation of the provisions of this Ordinance, the
4.26 Storage yards for equipment, machinery, or Zoning Administrator shall notify the person respon-
materials. sible for such violation, indicate the nature of the
4.27 Other uses similar in nature to usesdescribedin
^^c A ' � violation. and order the action ner_essary to comer
t.
it may prescnue upp��µ+ -- - -
uards, including those specified in Section 10.47,
are in conformity with the purpose of this Or-
ce. Violations of such conditions and safeguards,
made a part of the terms under which the
ance is granted, shall be deemed a violation of
rdinance Punishable under Section 12.0. A copy of
cisions granting Variances shall be forwarded by
to the Commissioner of Natural Resources within
10) days of any such action.
33 Appeals. Appeals from any decision of the
ng Administrator or other City Officer may be
n to the City Council by any person. The decision of
ity Council may be appealed to the district court of
jurisdiction as provided in Minnesota Statutes
361.
34 No variance shall have the effect of allowing in
district uses prohibited in the district, or permitting
low degree of flood protection than the Regulatory
d Protection Elevation for the particular area, or
perm standards lower than those required by State
.4 Conditional Uses, The City Council shall decide
ications lot Conditional Uses permissible under this
finance. Applications shall be submitted to the
Ing Administrator who shall forward the application
he Planning Commission for consideration.
.41. Hearings. Upon receipt in proper form of the
lication for a conditional use permit, the Planning
Con
official
shall hold at least one (1) public hearing on
proposed conditional use, and at least ten (10) days
dvance of the hearing, notice of time and place of the
ring shall be published in the official newspaper of
City. A similar notice shall be mailed at least ten
days before the day of the hearing to each property
ner of affected property and property situated wholly
partially within 350 feet of the property to which the
nditional use relates. The Zoning Administrator shall
sub by mail to the Commissioner of Natural
sources. a copy of the notice of hearing and the ap-
cation for proposed conditional
the public hearing.
ivgd by
m at least ten (10) days prior
10.42. Decisions. Prior to the granting of any con-
tional use, the Planning Commission may recom-
end, and the City Council, in its discretion, may
ipulate such conditions and restrictions upon the
stablishment, location, construction, maintenance and
Aeration of the conditional use including those
pecified in Section 10.45 of this ordinance which are in
onformity with the purposes of this ordinance, and as
eemed necessary for the protection of the public in -
rest. Violations of such conditions and safeguards,
when made a part of the terms under which the con-
itional use permit is granted, shall be deemed a
iolation of this ordinance punishable under section I2.0.
A copy of all decisions gran ] go condihe tional
usemics
hall be forwarded by
Nr of
atural Resources within ten (10) days of such action.
10.43. Procedures for Evaluating Proposed Con-
ditional Uses Within All General Flood Plain Districts.
1. Upon receipt of an application for a Conditional Use
Permit for a use within all Flood Plain Districts, the
applicant shall be required to furnish such of the
I
information as is deemed necessary by the _
City Council for the determination of the Regulatory
Flood Protection Elevation and whether the proposed
use is within the floodway or flood fringe districts.
a. A typical valley cross-section showing the channel
of the stream, elevation of land area adjoining each
side of the channel. cross-sectional areas to be occupied
by the proposed development, and high water in-
formation.
b. Plan (surface view) showing elevations or contours
of the ground;pertinent structure, fill, or storage
elevations; size, location, and spatial arrangement of
all proposed and existing structures on the site;
location and elevations of streets; color photographs
I
howing existing land uses and vegetation upstream
and downstream; and soil type.
c. Profile showing the slope of the bottom of the
channel or flow line of the stream for at least 500 feet in
either direction from the proposed development.
d. Specifications for building constructiond
materials, flood -proofing, filling, dredging, grading,
channel improvement, storage of materials, water
supply and sanitary facilities.
2. One copy of the above information shall be tran-
smitted to each of the City Engineer and Zoning Ad-
ministrator for technical assistance in determining
whether the proposed use is in the floodway of flood
fringe districts and to determine the Regulatory Flood
Protection Elevation. Procedures consistent with
Minnesota Regulation NR 86-87 shall be followed in this
expert evaluation. The designated engineer or expert
shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional
flood based upon a hydraulic analysis of the stream
channel and overbank areas.
c. Compute the floodway necessary to convey the
regional flood without increasing flood stages more than
0.5 feet. An equal degree of encroachment on both sides
of the Stream within the reach shall be assumed in
computing floodway boundaries.
3. Based upon the technical evaluation of the
designated engineer or expert, the City Council shall _
determine:
a, whether the proposed use is in the floodway or
flood fringe district; and
b. the Regulatory Flood Protection Elevation at the
site; and
c. the specific flood hazard; and
d. the suitability of the proposed use in relation to the
flood hazard.
10.44 Factors Upon Which the Decision of the City
Council Shall Be Based. In passing upon Conditional
Use applications, the'City Council shall consider all
relevant factors specified in other sections of this Or-
dinance and other applicable City ordinances, and:
1. The danger to life and property due to increased
flood heights or velocities caused by encroachment.
2. The danger that materials may be swept onto other
lands or downstream to the injury and sanitation systems
3. The proposed water supply
and the ability of these systems to prevent disease
contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its
contents to flood damage and the effect of such damage
on the individual owner.
5. The importance of the services provided by the
proposed facility to the community.
6. The requirements of the facility for a waterfront
location.
7. The availability of alternative locations not subject
to flooding for the proposed use.
4.3 Standards for Floodway Conditional Uses.
4.31 All Uses, No structure (temporary or per-
t
manent), fill (including fill for roads and levees),
deposit, obstruction, storage of materials, or equip-
ment, or other uses may be allowed as a Conditional Use
t
which, acting alone or in combination with existing or
reasonably anticipated future uses, adversely affects
the capacity of the floodway or increases flood heights.
e
In addition, all floodway Conditional Uses shall be
subject to the standards contained in Section 10.44 and
the following standards (Sections 4.32 - 4.36).
4.32 Fill
i
(1) Any fill deposited in the floodway shall be no more
d
than the minimum amount necessary to conduct a
_ d
Conditional Use listed in Section 4.2. Generally, fill shall
p
be limited to that needed to grade or landscape for that
t
use and shall not in any way obstruct the flow of flood
c
waters.
(2) Spoil from dredging or sand and gravel operations
a
shall not be deposited in the floodway unless it can be
p
done in accordance with (1) of this Section.
a
(3) Fill shall be protected from erosion by vegetative
cover.
0
4.33 Accessory Structures (temporary or permanent)
permitted as Conditional Uses by Section 4.21.
u
(I) Accessory structures shall not be designed for
b
human habitation.
e
(2) Accessory structures, if permitted, shall be
u
constructed and placed on the building site so as to offer
P
the minimum obstruction to the flow of flood waters.
(a) Whenever possible, structures shall be con-
c
structed with the longitudinal axis parallel to the
o
direction of flood flow, and,
(b) So far as practicable, structures shall be placed
A
approximately on the same flood flow -lines as those of
C
adjoining structures.
C
(3) Accessory structures shall be flood -proofed in
a
accordance with the Minnesota State Building Code,
u
1973 Edition.
a
4.34 Storage of Materials and Equipment
a
(1) The storage of processing of materials that are, in
u
time of flooding, flammable, explosive, or potentially
a
injurious to human, animal or plant life is prohibited.
a
(2) Storage of other materials or equipment may be
d'
allowed if readily removable from the area within the
c
.time available after a flood warning.
fi
4.35 Structural Works for Flood Control. Levees,
co
dikes, and floodwalls shall not be constructed within the
pr
limits of the Floodway District. Other structural works
p
for 'flood control such as dams and channel
enlargements that will change the course, current or
A
-cross-section of a public water shall be subject to the
of
provisions of Minnesota Statutes 1976 Chapter 105.
st
SECTION 5.0 FLOOD FRINGE DISTRICT [FF]
pl
5.1 Permitted Uses. The following uses shall be per-
el
mitted within the Flood Fringe District to the extent
ar
that they are not prohibited by any other ordinance and
watershed district regulation.
5.11 Any Use permitted in Section 4.1.
po
5.12 Structures accessory to a permitted use provided
din
they comply with the provisions of Section 4.33 of this
Se
ordinance.
sh
5.13 Residences and other structures constructed on
pli
fill so that the basement floor or first floor, if there is no
of
basement, is at or above the Regulatory Flood
da
Protection Elevation. The finished fill elevation s' '' be
no lower than two (2) feet below the Regulator
04:
■
10.2 Use Permit.
10.21 Use Permit Required. A Use Permit issued by
he City Council in conformity with the provisions of this
ordinance shall be secured prior to the erection, ad-
dition, or alteration of any building, structure, or por-
ion thereof; prior to the use or change of use of a
building, structure or land; prior to the change of a non-
conforming use; and prior to the placement of fill or
xcavation or materials within the flood plain.
10.22. Application for Use Permit. Application for a
Use Permit shall be made in duplicate to the Zoning
Administrator on forms furnished by the City and shall
nelude the following where applicable: plans in
uplicate drawn to scale, showing the nature, location,
imensions and elevations of the lot; existing or
roposed structures, fill, or storage of materials; and
he location of the foregoing in relation to the stream
hannel.
10.23 State and Federal Permits. Prior to processing
n application for a use permit or a conditional -use
ermit or variance, the Zoning Administrator shall
dvise the City Council as to whether the applicant has
blamed all necessary State and Federal permits.
10.24 Certificate of Zoning Compliance for a New,,
Altered, or Nonconforming, Use. It shall be unlawful to.
se, occupy, or permit the. use of occupancy of any
uilding or premises or part thereof hereafter created,
reeled, changed, converted, altered, or enlarged in its
se or structure until a Certificate of Zoning Com-
laince shall have been issued by the Zoning Ad-
ministrator stating that the use of the building or land
onforms to the requirements of this Ordinance and all
ther applicable City ordinances.
10.25. Construction and Use to be as Provided in
pplications, Plans, Permits, and Certificate of Zoning
ompliance. Use Permits, Conditional Use Permits, or
ertificate of Zoning Compliance issued on the basis of
pproved plans and applications shall authorize only the
se, arrangement, and construction set forth in such
pproved plans and applications, and no other use,
rrangement, or construction shall be permitted. Any
se, arrangement, or construction at variance with that
uthorized shall be deemed violation of this Ordinance,
nd punishable as provided by'Section 12.0 of this Or-
tnance. The applicant shall be required to submit
ertification by a registered land surveyor that the
nished fill and building elevations were completed in
mpliance with the provisions of this ordinance. Flood
oofing measures shall be certified by a registered
rofessional engineer or registered architect.
10.26 Record of First Floor Elevation. The Zoning
dministrator shall maintain a record of the elevation
the first floor (including basement) of all new
ructures or additions to existing structures in the flood
am districts and shall also maintain a record of the
evation to which structures or additions to structures
e flood -proofed.
10.3 City Council.
10.31 Variances. The City Council shall exercise
wers conferred by State. law, and Section 22 of Or-
ance 47. In addition to the notification provisions of
See 22, of Ordinance 47, the Zoning Administrator
all mail a notice of the public hearing and the ap-
cation for the proposed variance to the Commissioner
Natural Resources to be received by him at least ten
day prior to any such hearing.
1-11111-L duu uevetopment anticipated in the
foreseeable future.
9. The relationship of the proposed use to the com-
prehensive 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.k
11. The expected heights, velocity, duration,rate of
rise, and sediment transport of the flood waters ex-
pected at the site.
12. Such other factors which are relevant to the
purposes of this Ordinance.
10.45 Conditions Attached to Conditional Use Per-
mits. Upon consideration of the factors listed above and
the purposes of this Ordinance, 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:
1. Modification of waste disposal 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, dikes, levees, and other protective
measures.
5. Flood -proofing measures, in accordance with the
State Building Code. The applicant shall submit a plan
or document certified by a registered professional
engineer or architect that the flood -proofing measures
are consistent with the Regulatory Flood Protection
Elevation and associated flood factors for the particular
area.
SECTION 11.0 FLOODWAY AND FLOOD FRINGE
NONCONFORMING USES AND STRUCTURES.
11.1 A structure or the use of a structure or premises
within the floodway or flood fringe districts which was
lawful before the passage or amendment of this Or-
dinance but which is not in conformity with the
provisions of this Ordinance maybe continued subject
to the conditions of Section 20, Non -Conforming Uses of
the Chanhassen Zoning Ordinance 47 and the provisions
of this Ordinance, whichever are most restrictive.
11.11 No such structure or use shall be expanded or
altered in a way which increases its nonconformity.
11.12 No structural alteration or addition to any non-
conforming structure over the life of the structure shall
exceed 50 percent of its value as determined by the City
Council at the time of its becoming a non -conforming
structure, unless the entirestructure is permanently
changed to a conforming structure, or unless the
alteration or addition would substantially reduce
potential flood damages for the entire structure
11.13 Any alteration or addition to a non -conforming
structure which would result in substantially increasing
the flood damage potential of that use shall be flood -
proofed in accordance with the State Building Code.
11.14 If any non -conforming structure or use is
destroyed by any means, including floods, to an extent
of 50 percent or more of its value as determined by the
City Council, it shall not be reconstructed except in
conformity with the provisions of this Ordinance.
Provided, however, the City Council may issue a Con-
ditional Use Permit for reconstruction if the use is
located outside the floodway and, upon reconstruction,
is' adequately flood -proofed, elevated, or otherwise
- ;T;- -=T_ _-_.T......ry
protected in conformity with Section 10.45.
11.15 The Zoning Administrator shall prepare a list of
those nonconforming uses which have been flood -
proofed or otherwise adequately protected in con-
formity with this Ordinance. He shall present such list to
the City Council, which may issue a certificate to the
owner stating that such uses, as a result of these
corrective measures, are in conformity with the
provisions of this Ordinance.
SECTION 12:0 PENALTIES FOR VIOLATION.
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 of Conditional
Uses) shall constitute a misdemeanor. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined not
more than $500 or imprisoned for not more than 90
days, or both, and in addition shall pay all costs and
expenses involved in the case. Each day such violation
continues shall be considered a separate offense.
Nothing herein contained shall prevent the City of
Chanhassen from taking such other lawful action as is
necessary to prevent or remedy any violation.
SECTION 13.0 AMENDMENTS.
The flood plain designation on the Official Zoning Map
shall not be removed from flood plain areas unless it can
be shown that the designation is in error or that the area
has been filled to or above the elevation of the regional
flood and is contiguous to lands outside the flood plain.
Special exceptions to this rule may be permitted by
the Commissioner of Natural Resources if he deter-
mines that, through other measures, lands are
adequately protected for the intended use.
All amendments of this Ordinance and amendments
to the Official Zoning Map in the Floodway, Flood
Fringe, and General Flood Plain Districts must be
submitted to and approved by the Commissioner of
Natural Resources and the Federal Insurance Ad-
ministration.
SECTION 14.0 DEPOSIT FOR COSTS. a
Prior to consideration by the Council, Planning
Commission, or any City official of an application for a
variance, conditional use permit, rezoning, or any
determination relevant to the administration, ap-
plication or enforcement of this ordinance, the Zoning
Administrator may requirethe applicant to deposit with _
the City funds estimated by the Zoning Administrator to
be sufficient to defray all City expense in processing
said application, including, but without limitation to,
City staff administration costs and engineering,
planning, legal, and soil consultants' fees. Any balance
of said deposit remaining after completion of
proceedings on the application shall be refunded to the
applicant.
SECTION 15.0 VOTE REQUIRED.
Conditional use permits may be granted and this
ordinance amended only by an affirmative vote of four-
fifths (4/5) of the City Council.
SECTION 16.0 EFFECTIVE DATE.
This ordinance shall take effect and be in force from
and after its passage and publication.
Passed by the City Council of the City of Chanhassen,
Minnesota, this 16th day of July, 1979.
ATTEST:
Walter Hobbs, Mayor
f 'hwor[h, City Manager
:arver County Herald Aug. 1, 1979)
----------------------
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE NO. 68
FLOOD PLAIN
MANAGEMENT ORDINANCE
i
THE CITY1 COUNCIL OF CHANHASSEN ORDAINS:
SECTION ,1.0 STATUTORY AUTHORIZATION,
FINDINGS OF FACT AND PURPOSE.
1.1 Statutory Authorization. The Legislature of the
State of Minnesota has, in Minnesota Statutes Chapter
104 and Section 462.357, delegated the responsibility to
local governmental units to adopt, regulations designed
to minimize flood losses. Therefore, the City Coiincil of
Chanhassen, Minnesota, ordains as follows:
1.2 Findings of Fact.
1.21 The flood hazard areas of Chanhassen, Min-
nesota, are subject to periodic inundation which results
in potential loss of life, loss of property, health and
safety hazards, disruption of commerce 'and govern-
mental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health,
safety, and general welfare.
1.22 Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of
analyzing flood hazards which is consistent with the
standards established by the Minnesota Department of
Natural Resources.
1.3 Statement of Purpose. It is the purpose of this
Ordinance to promote the public health, safety, and
general welfare add to minimize those losses described
in Section 1.21 by provisions contained herein.
SECTION 2.0 GENERAL PROVISIONS.
2.1 Latias to Which Ordinance Applies. This Ordinance
shallapply to all lands in the jurisdiction of the City of
Chp;ihassen as shown on the Flood Boundary and
floodway Map, Community'Panel No. 2700510005B ef-
Iective July 2, 1979; and Community Panel No.
270051001013 effective date July 2, 1979; and the Flood
i Insurance Rate Map, Community Panel No. 270051000513
effective date July 2, 1979; and Community Panel No.
2700510010B effective date July 2, 1979, as being located
within the boundaries of the Floodway, Flood Fringe, or,
General Floodplain Overlay Districts, copies of which
are on file in the office of the Zoning Administrator.
2.2 Establishment of Official Zoning Map. The Official
Zoning Map together with all materials attached thereto
is hereby adopted by reference and declared to be a part
of this ordinance. The Official Zoning Map is on file in
She Office of the City Clerk and the Zoning Ad-
ministrator. The materials attached to the Official
Zoning Map shall include the following:
a) Flood Insurance Study, City of Chanhassen,
Minnesota, prepared by the Office of Federal Insurance
and Hazard Mitigation, dated January 1979, and the
Flood Boundary and Floodway and Flood Insurance
Rate Maps contained therein.
b) The study entitled Flood -Plain Areas of the Lower
Minnesota River, prepared by the United States
Department of Interior, dated 1973.
2.3 Regulatory Flood Protection Elevation. The
Regulatory Flood Protection Elevation shall be an
elevation no lower than two feet above the elevation of
the regional flood plus any increases in flood elevation
caused by encroachment on the flood plain that result
from designation of a floodway.
2.4 Interpretation.
2.41 In the interpretation and application, the
provisions of this Ordinance shall be held to be
minimum requirements and shall be liberally construed
in favor of the governing body and shall not be deemed a
limitation or repeal of any other powers granted by
State Statutes.
2,42 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 ap-
pears to be a conflict between a mapped boundary and
actual field conditions, the City Council shall make the
necessary interpretation based on elevation on the
regional (100 year) flood profile and other available
technical data. Persons contesting the location of the
district bound0ries shallbegiven a reasonable op-
portunity to present their case to the City Council and to
submit technical evidence.
2.5 Compliance. 'No structure or land shall hereafter
be used and no structure shall be located, extended,
converted, or structurally altered without full com-
pliance with the terms of this Ordinance and other ap-
plicable regulations which apply to uses within the
jurisdiction of this Ordinance.
2.6 Abrogation and Greater Restrictions. It is not
intended by this Ordinance to repeal, abrogate, or
impair any existing easements, covenants, watershed
district regulations, deed restrictions, or ordinances
including Zoning Ordinance 47 and its amendments.
However, when inconsistencies between this ordinance
and existing ordinances, amendments and regulations
arise„ the most restrictive shall prevail
Affidavit of Publication
Sate of Minnesota )
ss.
County of Carver )
'.Aare Rolfsrudl
being duly sworn, on oath says he is and during
all the time herein stated has been the publisher and printer of the newspaper known as Carver County Herald and has full
knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format
and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
and is distributed at least once a week. (3) Said news paper has 50% of its news columns devoted to news of local interest
to the community which it purports to serve and does not wholly duplicate any other publication and is not made up
entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which
it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its
total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local
post -office. (5) Said newspaper purports to serve the City of Chaska in the County of Carver and it has its known
office of issue in the City of Chaska in said county, established and open during its regular business hours for the
gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said
newspaper, persons in its employ and subject to his direction and control during all such regular business hours and at
which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical
Society. (7) Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1,
1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed _ Ord. Z'M
hereto attached as a part
hereof was cut from the columns of said newspaper, and was printed and published therein in the English language,
once each week, for ny-P�— successive weeks; that it was first so published on ?��!P-f% ® the 1t_
day of i 1) Sr ® 19f9 and was thereafter printed and published on every .__ _ to and
including the day of - _ _ __ . .. ____ 19--- and that the following is a printed copy of the lowercase alphabet
from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
abcdefghijklmnopgrstuvwxyz
Subscribed and sworn to before me this _ _ _ _ day of _ __
2.7 Warning and Disclaimer of Liability. This or-
dinance does not imply that areas outside of flood plain Notary public,
districts or land uses permitted within such districts My Commission Expires
will be free from flooding or flood damages. This or-
dinance shall not create liability on the part of the City
of Chanhassen or any officer or employee thereof for
any flood damages that result from reliance on this
ordinance or any -administrative decision lawfully made
thereunder.
2.8 Severability. If any section, clause, provision, or
portion of this ordinance is adjudged unconstitutional or
invalid bya court of competent jurisdiction, the
remainder , of this ordinance shall not be affected
thereby.
Continued
Minnesota
19-