2f. Zoning Ordinance to revise Art V, Flood Plain Overlay District The City Council approved -----
first reading on 2/25/91. Second
and final reading and adoption
of the summary ordinance for
publication is recommended.
CITY OF CHANHASSEN
' CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE SUMMARY
' On March 11, 1991, the Chanhassen City Council adopted an ordinance
amending the Flood Plain Ordinance. The Federal Emergency
Management Agency (FEMA) required the city to adopt the amendments
to bring Chanhassen's Flood Plain Ordinance into compliance with
state and federal flood plain regulations. These amendments are
required for Chanhassen's continued participation in the National
' Flood Insurance Program (NFIP).
The major changes to the ordinance are as follows:
1. The definition of "basement" was expanded to include all below
grade areas enclosed on all four sides.
2. Provisions were included to regulate the placement of travel
trailers and travel vehicles.
3. Changes were made in the application of wet or dry
floodproofing techniques for accessory structures and
substantial improvement to primary structures.
4. Changes were made requiring replacement manufactured homes to
be properly elevated and anchored.
5. Changes were made to incorporate specific enforcement
procedures for dealing with ordinance violations.
I Passed and adopted by the Chanhassen City Council this
day of , 1991.
Don Ashworth
City Manager
' (Published in the Chanhassen Villager on
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE II, ADMINISTRATION AND ENFORCEMENT
' Sec. 18.39. Preliminary Plat.
Add the following under (f):
t (8) Review Criteria. No land shall be subdivided which is
unsuitable for the 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 Elevation. All subdivisions shall have water
and sewage treatment facilities that comply with the
provisions of this ordinance have road access both the
subdivision and to the individual building sites no lower
than two feet below the Regulatory Flood Protection
Elevation. For all subdivisions in the flood plain, the
Floodway and Flood Fringe boundaries, the Regulatory
Flood Protection Elevation and the required elevation of
all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
Sec. 18 -40. Same - Data Required.
Changed and add the following under ,(4) Supplementary
information:
Change existing (1) to (m) and add the following: •
(1) Establish 100 year elevation, Floodway and Flood Fringe
District boundaries and regulatory flood protection
elevation for the subdivision site.
Sec. 19 -81. Discharges.
Add the following:
On -site sewage treatment and water supply systems. Where
public utilities are not provided: 1) On -site water supply
systems must be designed to minimize or eliminate infiltration
of flood waters into the systems; and 2) New or replacement
on -site sewage treatment systems must be designed to minimize
or eliminate infiltration of floodwaters into the systems and
discharged from the systems into flood waters and they shall
not be subject to impairment or contamination during times of
flooding. Any sewage treatment bystem designed in accordance
with the State's current statewide standards for on -site
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sewage treatment systems shall be determined to
g y ems hal rm be in
compliance with this Section.
Sec. 20 -1. Definitions.
Add the following: '
Basement - means any area of a structure, including crawl
spaces, having its floor or base subgrade (below ground level)
on all four sides, regardless of the depth of excavation below
ground level.
Conditional Use - means a specific type of structure or land
use listed in the official control that may be allowed but
only after an in -depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning
controls or building codes and upon a finding that: (1)
certain conditions as detailed in the zoning ordinance exist
and (2) the structure and /or land use conform to the
comprehensive land use plan if one exists and are compatible
with the existing neighborhood.
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.
Flood a temporary increase in the flow or stage of a stream
or in the stage of a wetland or lake that results in the
inundation of normally dry areas. 1
Flood Frequency - the frequency for which it is expected that
a specific flood stage or discharge may be equalled or
exceeded.
Flood- Proofing - a combination of structural provisions,
changes, or adjustments to properties and structures subject
to flooding, primarily for the reduction or elimination of
flood damages.
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.
Principal Use or Structure - means all uses or structures that
are not accessory uses or structures.
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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.
Structure - anything constructed or erected on the ground or
attached to the ground or on -site utilities, including, but
not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, travel trailers /vehicles not
meeting the exemption criteria specified in Section 9.31 of
the ordinance and other similar items.
Variance - means a modification of a specific permitted
development standard required in an official control including
this ordinance to allow an alternative development standard
not stated as acceptable in the official control, but only as
' applied to a particular property for the purpose of
'alleviating a hardship, practical difficulty or unique
circumstance as defined and elaborated upon in a community's
' respective planning and zoning enabling legislation.
Sec. 20 - 27. Revocation, modification, etc., of permits,
authorizations, etc.
(a) When an ordinance violation is either discovered by or
brought to the attention of the Zoning. Administrator, the
' Zoning Administrator shall immediately investigate the
situation and document the nature and extent of the
violation of the official control. As soon as is
reasonably possible, this information will be submitted
to the appropriate Department of Natural Resources' and
Federal Emergency Management Agency Regional Office along
with the Community's plan of action to correct the
1 violation to the degree possible.
(b) The Zoning Administrator shall notify the suspected party
' of the requirements of this Ordinance and all other
Official Controls and the nature and extent of the
suspected violation of these controls. If the structure
' and /or use is under construction or development, the
Zoning Administrator may order the construction or
development immediately halted until a proper permit or
approval is granted by the Community. If the
construction or development is already completed, then
the Zoning Administrator may either (1) issue an order
identifying the corrective actions that must be made
' within a specified time period to bring the use or
structure into compliance with the official controls, or
(2) notify the responsible party to apply -.for an
after - the -fact permit /development approval within a
' specified period of time not to exceed 30 -days.
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(c) If the responsible party does not appropriately respond
to the Zoning Administrator within the specified period
of time, each additional day that lapses shall constitute
an additional violation of this Ordinance and shall be
prosecuted accordingly. The Zoning Administrator shall
also upon the lapse of the specified response period
notify the landowner to restore the land to the condition
which existed prior to the violation of this Ordinance. '
Sec. 20 -29. Variances generally and appeals.
(b) Add to paragraph:
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The Board shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed
Variances sufficiently in advance so that the
Commissioner will receive at least ten days notice of the
hearing.
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(c) Add to paragraph:
A copy of all decisions granting Variances shall be
forwarded by mail to the Commissioner of Natural
Resources within ten (10) days of such action.
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(g) Flood Insurance Notice and Record Keeping. The Zoning ,
Administrator shall 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 100 -year or regional flood level
increases risks to life and property. Such notification
shall be maintained with a record, of all variance
actions. A community shall maintain a record of all
variance actions, including justification for their
issuance, and report such variances issued in its annual
or bi- annual report submitted to the Administrator of the
National Flood Insurance Program. '
Sec. 20 -44. Planning commission action.
Add to paragraph: If the action involves floodplain property, 1
a notice of the decision will be mailed to the Department of
Natural Resources. '
Add Section 20 -46. Floodplain.
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
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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 to this Ordinance, including amendments to the
Official Zoning Map, must be submitted to and approved by the
' Commissioner of Natural Resources prior to adoption. Changes in
the Official Zoning Map must meet the Federal Emergency Management
Agency's (FEMA) Technical Conditions and Criteria and must receive
' prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given 10 -days written notice of all hearings to
consider an amendment to this Ordinance and said notice shall
include a draft of the ordinance amendment or technical study under
1 consideration.
Sec. 20 -56. Generally.
1 Add to paragraph: No Variance shall have the effect of
allowing in any district uses prohibited in that district, permit
a lower degree of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or permit standards
lower than those required by State law.
Sec. 20 -71. Nonconforming buildings and uses.
Add to paragraph: Any alteration or addition to a
nonconforming structure or nonconforming use which would result in
increasing the flood damage potential of that structure or use
shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the elevation on fill or flood proofing
techniques.
Sec. 20 -73. Discontinuance.
Add to paragraph: If any nonconforming use is discontinued
for 12 consecutive months, any future use of the building premises
shall conform to this Ordinance. The assessor shall notify the
Zoning Administrator in writing of instances of nonconforming uses
which have been discontinued for a period of 12 months.
1 Sec. 20 -74. Alterations.
Add the following paragraph:
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(c) In the flood plain the cost of any structural alterations
or additions to any nonconforming structure over the life
of the structure shall not exceed 50 percent of the
market value of the structure unless the conditions of
this Section are satisfied.. The cost of all structural
alterations and additions constructed since the adoption
of the Community's initial flood plain controls must be
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calculated into today's current cost which will include 111,
all costs such as construction materials and a reasonable
cost placed on all manpower or labor. If the current
cost of all previous and proposed alterations and
additions exceeds 50 percent of the current market value
of the structure, then the structure must meet the
standards of Article V, Division 3 and 4, for new
structures depending upon whether the structure is in the
Floodway or Flood Fringe, respectively.
Sec. 20 -91. Building Permits.
Amend as follows:
(a) No person shall erect, construct, alter, enlarge, repair, ,
move or remove, any building or structure or part
thereof, and prior to the placement of fill, excavation
of materials or the storage of materials or equipment
within the floodplain without first securing a building
permit.
Add the following to (b):
State and Federal Permits. Prior to granting a Permit or
processing an application for a Conditional Use Permit or
Variance, the Zoning Administrator shall determine that
the applicant has •obtained all necessary State and
Federal Permits.
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Add the following:
(d) Certification. The applicant shall be 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. Flood- proofing measures shall be certified by
a registered professional engineer or registered
architect.
Record of First Floor Elevation. The Zoning
Administrator shall 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 flood plain. The Zoning Administrator
shall also maintain a record of the elevation to which
structures or and alterations additions to structures are
flood - proofed. o '
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Sec. 20 -231. Application, public hearing, notice and procedure.
Add the following to the paragraph:
' The city shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed Conditional Use
sufficiently in advance so that the Commissioner will receive at
1 least ten days notice of the hearing.
Sec. 20 -233. Conditions imposable on permits.
1 Add the following to (a):
(7) Modification of waste treatment and water supply
facilities.
(8) Limitations on period of use, occupancy, and operation.
1 (9) Imposition of operational controls, sureties, and deed
restrictions.
1 Sec. 20 -326. Purpose.
.Change the last line in the paragraph to read as follows:
". . . This district is created and applied in accordance
with Minnesota Statutes Chapters 103 F 001 -165.
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• DIVISION 2. GENERAL FLOOD PLAIN DISTRICT I/
Sec. 20 -346. Scope.
This division applies the General Flood Plain District.
Sec. 20 -347. Territorial applicability. '
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 shall determine whether the proposed use is in the
floodway or flood fringe using procedures established in division
3 of this article and therefore whether it is allowed or
prohibited.
Section 20 -348. Permitted uses.
Permitted uses shall include those uses as permitted by
section 20 -366. Manufactured homes and travel trailers /vehicles
are prohibited in the general flood plain district. ,
Sec. 20 -349. Public utilities.
All public utilities and facilities such as gas, electrical, '
sewer and water supply systems to be located in a flood plain shall
be flood - proofed in accordance with the state building code or
elevated above the regulatory flood protection elevation.
Sec. 20 -350. Public transportation facilities.
Railroad tracks, road and bridges to be located within the ,
Floodway District shall comply with Section 20 -366 and 20 -376.
Elevation to the regulatory flood protection elevation shall be
provided where failure or interruption of these transportation
facilities would result in danger to the public 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 safety.
Sec. 20 -351. Conditional use permits. i
(a) A conditional use permit issued by the city council in
conformity with the provisions of this chapter shall be secured
prior to the erection, addition or alteration of any building,
structure or land; prior to the change of a nonconforming use; and
prior to the placement of fill or excavation or materials within
the flood plan.
(b) 6.21 Upon receipt of an application for a Conditional Use
Permit for a use within the General Flood Plain District, the
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applicant shall be required to furnish such of the following
information as is deemed necessary by the City for the
determination of the Regulatory Flood Protection Elevation and
whether the proposed use is within the Ploodway or Flood Fringe
District.
(1) A typical valley cross- section showing the channel
of the stream, elevation of land areas adjoining each
side of the channel, cross - sectional areas to be occupied
by the proposed development, and high water information.
' (2) 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; photographs showing
' existing land uses and vegetation upstream and
downstream; and soil type.
(3) 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.
(c) Specifications for building construction and materials,
flood - proofing, filling, dredging, grading, channel improvement,
storage of materials, water supply and sanitary facilities.
111 Sec. 20 -352. Certificate of zoning compliance.
It shall be unlawful to use, occupy or permit the use or
' occupancy of any building until a certificate of zoning compliance
shall have been issued by the city stating that the use of the
building of land conforms to the requirements of this chapter.
1 Section 20 -353. Construction and use to be as provided in
applications, plans, permits, and certificate of
zoning compliance.
1 Conditional use permits or certificates 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 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 article. The applicant shall submit
certification by a registered land surveyor that the finished fill
and building elevations were completed in compliance with the
provisions of this chapter. Flood proofing measures shall be
certified by a registered professional engineer or registered
architect. The registered professional engineer or registered
architect shall evaluate the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use,
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the adequacy of the plans for protection, and other technical
matters. Based upon the technical evaluation of the designated
engineer or expert, the City shall determine the specific flood
hazard at the site and evaluate the suitability of the proposed use
in relation to the flood hazard.
Sec. 20- 354 -20 -365. Reserved.
DIVISION 3. FLOODWAY DISTRICT (FW) ,
Sec. 20 -366. Permitted uses.
The following uses have a low flood damage potential, no
increase in flood elevation 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
mainstream or of any drainage ditch, or any other drainage facility
or system:
Or
(1) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming and wild crop harvesting.
(2) Industrial - commercial uses such as loading areas, parking
areas and airport landing strips.
(3) 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) Residential uses such as lawns, gardens, parking areas
and play areas. '
(5) Manufactured homes, travel trailers /vehicles are
prohibited in the floodway district. ,
Sec. 20 -367. Conditional uses.
The following open space uses require accessory structures 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 in 20 -351: '
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(1) 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 that will cause
any increase in the stage of the 100 -year or regional
flood or cause an increase in flood damages in the reach
' or reaches affected.
(2) Structures accessory to open space uses, provided:
' a. Accessory structures shall not be designed for
human habitation.
b. 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;' provided:
' 1. Whenever possible, structures shall be
constructed with the longitudinal axis
parallel to the direction of flood flow; and
2. So far as practicable, structures shall be
placed approximately on the same flood flow
' lines as those of adjoining structures.
c. Accessory structures shall be elevated on fill or
structurally dry flood proofed in accordance with
' the FP -1 or FP -2 flood proofing classifications in
the State Building Code. As an alternative, an
accessory structure may be flood proofed to the
FP -3 or FP -4 flood proofing classification in the
State Building Code provided the accessory
structure constitutes a minimal investment, does
' not exceed 500 square feet in size, and for a
detached garage, the detached garage must be used
solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet
1 the following additional standards, as appropriate:
1. The structure must be adequately anchored to
' prevent flotation, collapse or lateral
movement of the structure and shall be
designed to equalize hydrostatic flood forces
' on exterior walls; and
2. Any mechanical and utility equipment in a
structure must be elevated to or above the
' Regulatory Flood Protection Elevation or
properly flood proofed.
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(3) Placement of Fill; provided: 1-
a. Any fill deposited in the floodway shall be no more
than the minimum necessary for use. Generally,
fill shall be limited to that needed to or
landscape for that use and shall not in any way
obstruct the flow of flood waters. 1
b. Spoil from dredging or sand and gravel operations
shall not be deposited in the floodway unless a
long -term site development plan is submitted which
includes an erosion /sedimentation prevention
element to the plan.
c. Fill shall be protected from erosion by vegetative
cover, mulching, riprap or other acceptable method.
(4) Storage of materials and equipment; provided: ,
a. 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.
b. Storage of other materials or equipment may be 1
allowed if readily removable from the area within
the time available after a flood warning and in
accordance with a plan approved by the governing
body. .
(5) Levees, dikes, and floodwalls shall not be constructed
with 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 chapter 105.
Community wide structural works for flood control
intended to remove areas from the regulatory flood plain
shall not be allowed in the floodway.
Secs. 20- 368 -20 -375. Reserved. '
DIVISION 4. FLOOD FRINGE DISTRICT (FF)
Sec. 20 -376. Scope. '
This division applies to the Flood Fringe (FF) District. o ,
Sec. 20 -377. Permitted uses.
(a) The following uses shall be permitted within the Flood
Fringe District to the extent that they are not
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prohibited by any other ordinance and watershed district
regulation:
(1) Any use permitted in section 20 -366.
(2) Structures accessory to a permitted use.
' (3) 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 fished fill elevation
shall be no lower than one (1) foot 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.
(b) 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 any drainage ditch or any other
drainage facility or system.
' (c) Manufactured homes and travel trailers /vehicles are
prohibited in the Flood Fringe District.
' Sec. 20 -377.1 Conditional uses.
Uses that are not permitted or prohibited uses are permitted
only upon the issuance of a conditional use permit subject to the
' following conditions:
(1) Residences. Where existing streets, utilities and small
' lot sizes preclude the use of fill, other methods of
elevating the first floor (including basements) above the
regulatory flood protection elevation may be authorized,
provided that the residence is flood - proofed in
accordance with the Uniform Building Code as adopted and
amended by the city. Alternative elevation methods other
than the use of fill may be utilised to elevate a
' structure's lowest floor above the Regulatory Flood
Protection Elevation. These alternative methods may
include the use of stilts, pilings, parallel walls, etc.,
1 or above- grade, enclosed areas such as crawl spaces or
tuck under garages. The base or floor of an enclosed
area shall be considered above -grade and not a
structure's basement or lowest floor if: 1) the enclosed
area is above -grade on at least one side of the
structure; 2) is designed to internally flood and is
constructed with flood resistant materials; and 3) is
used solely for parking of vehicles, building access or
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storage. The above -noted alternative elevation methods 1'
are subject to the following additional standards:
a. Design and Certification - The structure's design 1
and as -built condition must be certified by a
registered professional engineer or architect 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.
b. 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:
• 1. The minimum area of openings in the walls
where internal flooding is to be used as a
flood proofing technique. When openings are
placed in a structure's walls to provide for
entry of flood waters to equalize pressures,
the bottom of all openings shall be no higher
than one -foot above grade. 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.
2. That the enclosed area will be designed of 1
flood resistant materials in accordance with
the FP -3 or FP -4 classifications in the State
Building Code and shall be used solely for
building access, parking of vehicles or
storage.
(2) Residential basements. Residential basements below the
flood protection elevation may be authorized if they are
flood- proofed to FP -1 classification in accordance with
the Uniform Building Code as adopted and amended by the
city. Residential basement construction shall not be
allowed below the regulatory flood protection elevation.
(3) Nonresidential 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
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in special circumstances be dry flood - proofed in
accordance with the state building code. Structures that
are not elevated to above the regulatory flood protection
elevation shall be dry flood - proofed to FP -1 or FP -2
classification as defined- by the Uniform Building Code as
adopted and amended by the city and this shall require
making the structure watertight with the walls
' substantially impermeable to the passage of water and
with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the
effects of buoyancy. Structures flood proofed to the
FP -3 or FP -4 classification shall not be permitted.
Structures flood - proofed to FP -3 or FP -4 classification
shall not be permitted. The cumulative placement of fill
' where at any one time in excess of one - thousand (1,000)
cubic yards of fill is located on the parcel shall be
allowable only as a Conditional Use, unless said fill is
' specifically intended to elevate a structure in
accordance with Section 5.21 of this ordinance. The
storage of any materials or equipment shall be elevated
on fill to the Regulatory Flood Protection Elevation.
(4) As an alternative to elevation on fill, accessory
structures that constitute a minimal investment and that
' do not exceed 500 square feet for the outside dimension
at ground level may be internally flood proofed in
accordance with Section 20 -367 (1).
(5) Fill shall be properly compacted and the slopes shall be
properly protected by the use of riprap, vegetative cover
or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for
removing the special flood hazard area designation for
certain structures properly elevated on fill above the
' 100 -year flood elevation - FEMME; requirements
incorporate specific fill compaction and side slope
protection standards for multi - structure or multi -lot
developments. These standards should be investigated
prior to the initiation of site preparation if a change
of special flood hazard area designation will be
requested.
1 Sec. 20 -378. Residential uses.
Residences that do not have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood
protection elevation shall not be permitted unless granted a
variance. In granting a variance the city shall specify
1 limitations on the period of use or occupancy of the residence. If
a variance to this requirement is granted, the Board of Adjustment
must specify limitations on the period of use or occupancy of the
structure for times of flooding and only after determining that
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adequate flood warning time and local flood emergency response Ir
procedures exist.
Sec. 20 -379. Commercial uses. 1
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 (2) feet or be subject to flood velocities greater than four
(4) feet per second upon occurrence of the regional flood.
Sec. 20 -380. Manufacturing and industrial uses. 1
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 requirements set forth
above. In considering permit applications, due consideration shall
be given to needs of an industry who business requires that it be
located in flood plain areas. -
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Sec. 20- 381 -20 -400. Reserved. 1
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