Ordinance 636CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 636
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS, AND
CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
SECTION 1. Section 1-2 of the Chanhassen City Code is amended to read as follows:
Base Flood Elevation means the elevation of the "regional flood." The tern "base flood
elevation" is used in the flood insurance survey.
Critical Facilities means facilities necessary to a community's public health and safety, those
that store or produce highly volatile, toxic or water -reactive materials, and those that house
occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical
facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes,
fire and police stations, wastewater treatment facilities, public electric utilities, water plants,
fuel storage facilities, and waste handling and storage facilities.
Dwelling, manufactured, also called mobile or manufactured home, means a structure which
is transportable in one or more sections on its own chassis, and which is equipped with
necessary utility service connections and designed to be used for single-family occupancy
with or without a permanent foundation when attached to required utilities. The terms
"manufactured dwelling" or "manufactured home" does not include the term "recreational
vehicle." (20)
Flood Fringe means the portion of the Special Flood Hazard Area (one percent annual chance
flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway
fringe" used in the Flood Insurance Study for Carver County, Minnesota.
Flood Insurance Rate Map (FIRM) means an official map on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones
applicable to the community. A FIRM that has been made available digitally is called a Digital
Flood Insurance Rate Map (DFIRM).
Flood Prone Area means any land susceptible to being inundated by water from any source
Floodproofzng means a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
Flood, regional means a flood which is representative of large floods known to have occurred
generally in the state and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 1 % chance or 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in a flood insurance study. (20)
Floodplain means the beds proper and the areas adjoining a wetland, lake or watercourse which
have been or hereafter may be covered by the regional flood. (20)
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions adjoining floodplain which are reasonably required to carry or store the regional
flood. (20)
Lowest Floor means the lowest floor of the lowest enclosed area (including basement).
Manufactured Home. See Dwelling, manufactured
Recreational vehicle means a vehicle or vehicular unit that is built on a single chassis, is 400
square feet or less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and which is primarily designed as a
temporary living accommodation for recreational camping, seasonal, and travel use.
Recreational vehicles include travel trailers, travel vehicle, camping trailers, truck campers
and self-propelled motor homes. (20)
Regulatory Flood Protection Elevation (RFPE) means an elevation not less than three feet
above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
Repetitive Loss means flood -related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at the time of each such flood
event on the average equals or exceeds 25% of the market value of the structure before the
damage occurred.
Special Flood Hazard Area means a term used for flood insurance purposes
synonymous with "One Hundred Year Floodplain."
Substantial Damage means damage of any origin sustained by a structure where the cost of
restoring the structure to it's before damaged condition would equal or exceed 50% of the
market value of the structure before the damage occurred.
Substantial Improvement means within any consecutive 365-day period, any reconstruction,
rehabilitation (including normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50% of the market value of the
structure before the start of construction of the improvement. This term includes structures that
have incurred "substantial damage," regardless of the actual repair work performed. The term
does not, however, include either:
1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
2) Any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic structure." For the purpose of this
ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part
59.1.
SECTION 2. Section 20-326 to Section 20-400 of the Chanhassen City Code is amended
to read as follows:
ARTICLE V. - FLOODPLAIN OVERLAY DISTRICT
DIVISION 1. - GENERALLY
Sec. 20-326. - Statutory Authorization, Findings of Fact and Purpose
1) Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota
Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government
units to adopt regulations designed to minimize flood losses. Therefore, the City Council
of Chanhassen, Minnesota, does ordain as follows.
2) Purpose:
a. This ordinance regulates development in the flood hazard areas of the City of
Chanhassen. These flood hazard areas are subject to periodic inundation, which
may result in loss of life and 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. It is the purpose of
this ordinance to promote the public health, safety, and general welfare by
minimizing these losses and disruptions.
b. National Flood Insurance Program Compliance. This ordinance is adopted to
comply with the rules and regulations of the National Flood Insurance
Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended,
so as to maintain the community's eligibility in the National Flood Insurance
Program.
c. This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect aquatic
and riparian habitat, provide recreational opportunities, provide aesthetic
benefits and enhance community and economic development.
Sec. 20-327. - General Provisions
1) Lands to which Ordinance Applies: This article applies to all lands within the
jurisdiction of the City of Chanhassen within the boundaries of the Floodway, Flood
Fringe and General Floodplain Districts. The boundaries of these districts are
determined by scaling distances on the Flood Insurance Rate Map, or as modified in
accordance with Section 20-328.
a. The Floodway, Flood Fringe and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning districts. The standards
imposed in the overlay districts are in addition to any other requirements in
this ordinance. In case of a conflict, the more restrictive standards will apply.
b. Where a conflict exists between the floodplain limits illustrated on the
official floodplain maps and actual field conditions, the flood elevations
shall be the governing factor in locating the regulatory floodplain limits.
c. Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Planning Commission and to
submit technical evidence.
2) Incorporation of Maps by Reference: The following maps together with all attached
material are hereby adopted by reference and declared to be a part of the Official
Zoning Map and this ordinance. The attached material includes the Flood Insurance
Study for Carver County, Minnesota, and Incorporated Areas, dated December 21,
2108, the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated
Areas, dated November 4, 2016, the Carver County Flood Insurance Rate map panels
numbered 27019C0113D, 27019C0114D, 27019C0118D, 27019C0119D,
27019CO2071), 27019CO2261), 27019CO2271), 27019CO2291), 27019CO231D,
27019CO2321), 27019CO2331), 27019CO234D, 27019CO237D, 27019CO2411), and
27019CO242D dated December 21, 2018, and Hennepin County Flood Insurance Rate
Map panel number 27053C0410F dated November 4, 2016 all prepared by the Federal
Emergency Management Agency. These materials are on file with the city.
3) Flood studies performed by local Watershed Districts and Water Management Districts
shall be adopted by reference as part of the city's Local Wastewater Management Plan.
4) Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements.
However, where this ordinance imposes greater restrictions, the provisions of this
ordinance prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
5) Warning and Disclaimer of Liability: This ordinance does not imply that areas outside
the floodplain districts or land uses permitted within such districts will be free from
flooding or flood damages. This ordinance does not create liability on the part of the
City of Chanhassen or its officers or employees for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made hereunder.
6) Severability: If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance shall not
be affected and shall remain in full force.
Sec. 20-328. - Establishment of Floodplain Districts
1) Districts:
a. Floodway District. The Floodway District includes those areas within Zone AE
delineated within floodway areas as shown on the Flood Insurance Rate Maps
adopted in Section 20-237(2).
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b. Flood Fringe District. The Flood Fringe District includes areas within Zones AE
on the Flood Insurance Rate Map adopted in Section 20-237(2), but located
outside of the floodway.
c. General Floodplain District. The General Floodplain District includes those areas
within Zones A and AE (that do not have a floodway delineated) as shown on the
Flood Insurance Rate Maps adopted in Section 20-237(2).
2) Applicability: Where Floodway and Flood Fringe districts are delineated on the
floodplain maps, the standards in Division 2 or 3 will apply, depending on the location of
a property. Locations where Floodway and Flood Fringe districts are not delineated on
the floodplain maps are considered to fall within the General Floodplain district. Within
the General Floodplain district, the Floodway District standards in Division 2 apply
unless the floodway boundary is determined, according to the process outlined in Section
20-378.
Sec. 20-329. - Requirements for all Floodplain Districts
1) Minimum Development Standards. All new construction and substantial improvements
must be:
a. Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
b. Constructed with materials and utility equipment resistant to flood damage.
c. Constructed by methods and practices that minimize flood damage.
d. Constructed with electrical, heating, ventilation, ductwork, plumbing, and air
conditioning equipment and other service facilities that are designed and/or
located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2) Flood Capacity. Floodplain developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary watercourse or
drainage system.
3) 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.
4) Critical Facilities are to be located, so that the lowest floor is not less than three feet
above the regional flood elevation, or the 500-year flood elevation, whichever is
higher.
Sec. 20-330. - 20-347. - Reserved
DIVISION 2. - FLOODWAY DISTRICT (FW)
Sec. 20-348. - Permitted Uses
1) Permitted Uses: The following uses, subject to the standards set forth in Section 20-
348(2), are permitted uses if otherwise allowed in the underlying zoning district or any
applicable overlay district:
a. Agricultural uses such as general farming, pasture, grazing, farm fences,
outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop
harvesting.
b. Industrial -commercial loading areas, parking areas, and airport landing strips.
c. Open space uses, including but not limited to private and public 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, hunting and fishing areas, and single or multiple
purpose recreational trails.
d. Residential yards, lawns, gardens, parking areas, and play areas.
e. Railroads, streets, bridges, utility transmission lines and pipelines, provided that
the Department of Natural Resources' Area Hydrologist is notified at least ten
days prior to issuance of any permit.
2) Standards for Floodway Permitted Uses:
a. The use must have a low flood damage potential.
b. The use must not involve structures or obstruct flood flows. The use must not
cause any increase in flood damages, nor any increase in flood elevations in areas
where a floodway has been established, as certified by a registered professional
engineer.
c. Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for evacuation
if the area is inundated to a depth and velocity such that the depth (in feet)
multiplied by the velocity (in feet per second) would exceed a product of four
upon occurrence of the regional (1 % chance) flood.
Sec. 20-349. - Sec. 20-350. - Reserved
Sec. 20-351. - Conditional Use Permits
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 Section 20-387:
1) Structures accessory to primary uses listed in Section 20-348(1)(a-c), provided that:
a. Structures are not intended for human habitation.
b. Structures will have a low flood damage potential.
c. Structures will be constructed and placed so as to offer a minimal obstruction to
the flow of flood waters.
d. Structures must be elevated on fill, open sided or structurally dry
floodproofed and watertight to the regulatory flood protection elevation.
Certifications consistent with Section 20-385(3) shall be required.
e. Structures will not cause any increase in flood damages, nor any increase in
flood elevations in areas where a floodway has been established, as certified
by a registered professional engineer.
2) Placement of fill, provided:
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 grade or landscape for
that use and shall not in any way obstruct the flow of floodwaters, cause an
increase in flood damages, or increase flood elevations in areas where a floodway
has been established, as certified by a registered professional engineer.
b. Spoil from dredging or sand and gravel operations shall not be deposited in the
floodway unless it can be done in accordance with paragraph (a).
c. Fill, dredge spoil, and other similar materials deposited or stored in the
floodplain must be protected from erosion by vegetative cover, mulching,
riprap or other acceptable method. Permanent sand and gravel operations and
similar uses must be covered by a long-term site development plan.
3) 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 allowed only be allowed if the
City of Chanhassen has approved a plan that assures removal of the materials
from the floodway based upon the flood warning time available.
c. Storage of other materials or equipment must not cause any increase in flood
damages, nor any increase in flood elevations in areas where a floodway has been
established, as certified by a registered professional engineer.
4) A levee, dike or floodwall, provided:
a. It must not cause an increase to the 1% chance or regional flood. The technical
analysis must assume equal conveyance or storage loss on both sides of a stream
b. It must not cause any increase in flood damages, nor any increase in flood
elevations in areas where a floodway has been established, as certified by a
registered professional engineer.
5) Structural works for flood control that will change the course, current or cross
section of protected wetlands or public waters are subject to the provisions of
Minnesota Statutes, Section 103G.245.
Sec. 20-352. - 20-365. — Reserved.
DIVISION 3. — FLOOD FRINGE DISTRICT (FF)
Sec. 20-366. - Permitted Uses
Permitted uses are those uses of land or structures allowed in the underlying zoning district(s)
that comply with the standards in Section 20-367.
Sec. 20-367. - Standards for Flood Fringe Permitted Uses
1) All structures, including accessory structures, must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished
fill elevation for structures must be no lower than one foot below the regulatory flood
protection elevation and the fill must extend at the same elevation at least 15 feet
beyond the outside limits of the structure. Elevations must be certified by a registered
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professional engineer, land surveyor or other qualified person designated by the
community.
2) Accessory Structures. As an alternative to the fill requirements of Section 20-367(1),
structures accessory to the uses identified in Section 20-366 may be designed to
accommodate the inundation of floodwaters, meeting the following provisions, as
appropriate:
a. The accessory structure constitutes a minimal investment and satisfies the
development requirements in Section 20-329.
b. Any enclosed accessory structure shall not exceed 576 square feet in size, and
only be used for parking and storage. Any such structure shall be designed and
certified by a registered professional engineer, or be designed in accordance
with the following floodproofing standards:
i. To allow for the equalization of hydrostatic pressure, there shall be a
minimum of two openings on at least two sides of the structure and the
bottom of all openings shall be no higher than one foot above grade. The
openings shall have a minimum net area of not less than one square inch
for every square foot of enclosed area subject to flooding, have a net area
of not less than one square inch for every square foot of enclosed area
subject to flooding, and shall allow automatic entry and exit of
floodwaters without human intervention.
c. All service utilities, including ductwork, must be elevated or water -tight to
prevent infiltration of floodwaters.
d. All fill must be properly compacted and the slopes must be properly protected by
the use of riprap, vegetative cover or other acceptable method.
e. All new principal structures must have vehicular access at or above an elevation
not more than two feet below the regulatory flood protection elevation, or must
have a flood warning /emergency evacuation plan acceptable to the City of
Chanhassen.
f. Accessory uses such as yards, railroad tracks, and parking lots may be at an
elevation lower than the regulatory flood protection elevation. However, any
facilities used by employees or the general public must be designed with a flood
warning system that provides adequate time for evacuation if the area is
inundated to a depth and velocity such that the depth (in feet) multiplied by the
velocity (in feet per second) would exceed a product of four upon occurrence of
the regional (1% chance) flood.
g. Manufactured homes and recreational vehicles must meet the standards of
Division 7 of this ordinance.
Sec. 20-368. — Conditional Uses
The following uses may be permitted in the Flood Fringe District only after the issuance of a
conditional use permit as provided in Section 20-387:
1) The placement of floodproofed nonresidential basements below the regulatory flood
protection elevation, provided:
a. The standards for permitted uses in the flood fringe listed in Section 20-367 are
met.
b. All areas of nonresidential structures, including basements to be placed below the
regulatory flood protection elevation, must be structurally dry floodproofed,
which requires making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components capable of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A
floodproofing certification consistent with Section 20-385(3) shall be required.
c. Residential basements are not allowed below the regulatory flood protection
elevation.
Secs. 20-369. - 20-376. - Reserved.
DIVISION 4. - GENERAL FLOODPLAIN DISTRICT (GF)
Sec. 20-377. - Permitted Uses
1) The uses listed in Section 20-348 of this ordinance, Floodway District Permitted Uses,
are permitted uses.
2) All other uses are subject to the floodway/flood fringe evaluation criteria specified in
Section 20-378. Division 2 of this article applies if the proposed use is determined to be
in the Floodway District. Division 3 of this article applies if the proposed use is
determined to be in the Flood Fringe District.
Sec. 20-378. - Procedures for Determining Floodway Boundaries and Regional Flood Elevations
1) Detailed Study. Developments greater than 50 lots or five acres, or as requested by the
zoning administrator, shall be subject to a detailed study to determine the regulatory
flood protection elevation and the limits of the Floodway District. The determination of
the floodway and flood fringe must be consistent with accepted hydrological and
hydraulic engineering standards, and must include the following components, as
applicable:
a. Estimate the peak discharge of the regional (1 % chance) 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 or store the regional flood without
increasing flood stages more than one-half (0.5) foot. A lesser stage increase
than 0.5 foot is required if, as a result of the stage increase, increased flood
damages would result. An equal degree of encroachment on both sides of the
stream within the reach must be assumed in computing floodway boundaries,
unless development or geographic features warrant other analysis, as approved
by the Department of Natural Resources.
2) Alternative Methods. Provided no detailed study is available, an applicant must identify
a base flood elevation, at minimum, to determine the boundaries of the special flood
hazard area. The applicant shall obtain and utilize best available data to determine the
regional flood elevation and floodway boundaries from a state, federal, or other source.
If no such data exists, the applicant may determine the base flood elevation and
floodway limits through other accepted engineering practices. Any such method shall
assume a 0.5 foot stage increase to accommodate for future floodway determination.
3) The Zoning Administrator will review the submitted information and assess the
technical evaluation and the recommended Floodway and/or Flood Fringe District
boundary. The assessment must include the cumulative effects of previous floodway
encroachments. The Zoning Administrator may seek technical assistance from an
engineer or other expert person or agency, including the Department of Natural
Resources. Based on this assessment, the Zoning Administrator may approve or deny
the application.
4) Once the Floodway and Flood Fringe District boundaries have been determined, the
Zoning Administrator must process the permit application consistent with the applicable
provisions of Division 2 and Division 3 of this article.
DIVISION 5. - SUBDIVISIONS WITHIN THE FLOODPLAIN DISTRICTS
Sec. 20-379. - Subdivisions
In addition to the standards contained in Chapter 18, subdivision of lands within the floodplain
districts must meet the standards enumerated in this section. Manufactured home parks and
recreational vehicle parks or campgrounds are considered subdivisions under this division.
1) All lots within the floodplain districts must be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
2) All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation,
unless a flood warning emergency plan for the safe evacuation of all vehicles and
people during the regional (1% chance) flood has been approved by the City of
Chanhassen. The plan must be prepared by a registered engineer or other qualified
individual, and must demonstrate that adequate time and personnel exist to carry out
the evacuation.
3) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all
access roads must be clearly labeled on all required subdivision drawings and
platting documents.
4) In the General Floodplain District, applicants must provide the information required
in Division 4 of this ordinance to determine the regional flood elevation, the
Floodway and Flood Fringe District boundaries and the regulatory flood protection
elevation for the subdivision site.
5) Subdivision proposals must be reviewed to assure that:
a. All such proposals are consistent with the need to minimize flood damage
within the flood prone area;
b. All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage;
and,
c. Adequate drainage is provided to reduce exposure of flood hazard.
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DIVISION 6. - UTILITIES, RAILROADS, ROADS, AND BRIDGES
Sec. 20-380. - Public Utilities
Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply
systems to be located in the floodplain must be floodproofed in accordance with the State
Building Code or elevated to the regulatory flood protection elevation.
Sec. 20-381. - Public Transportation Facilities
Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the
floodplain must comply with Divisions 2 and 3 of this ordinance. These transportation facilities
must be elevated to the regulatory flood protection elevation where failure or interruption of
these facilities would result in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation services would
not endanger the public health or safety.
Sec. 20-382. - On -site Water Supply and Sewage Treatment Systems
On -site Water Supply and Sewage Treatment Systems: Where public utilities are not
provided:
1) On -site water supply systems must be designed to minimize or eliminate infiltration
of flood waters into the systems and are subject to the provisions in Minnesota Rules
Chapter 4725.4350, as amended; and,
2) New or replacement on -site sewage treatment systems must be designed to minimize
or eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters, they must not be subject to impairment or contamination
during times of flooding, and are subject to the provisions in Minnesota Rules
Chapter 7080.2270, as amended.
DIVISION 7. - MANUFACTURED HOMES AND RECREATIONAL VEHICLES
Sec 20-383. - Manufactured Homes
Manufactured Homes: Manufactured homes and manufactured home parks are subject to
applicable standards for each floodplain district. In addition:
1) New and replacement manufactured homes must be elevated in compliance with
Division 3 of this ordinance and must be securely anchored to a system that resists
flotation, collapse and lateral movement. Methods of anchoring may include, but are
not limited to, use of over -the -top or frame ties to ground anchors. This requirement is
in addition to applicable state or local anchoring requirements for resisting wind forces.
2) New manufactured home parks and expansions to existing manufactured home parks
must meet the appropriate standards for subdivisions in Division 5 of this article. New
or replacement manufactured homes in existing manufactured home parks must meet
the vehicular access requirements for subdivisions in Section 20-379(2) of this
ordinance.
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Sec 20-384.-Recreational Vehicles
Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.
Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record
in the floodplain must either:
1) Meet the requirements for manufactured homes in Section 20-383(1), or
2) Be travel ready, meeting the following criteria:
a. The vehicle must have a current license required for highway use.
b. The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly used
in campgrounds and recreational vehicle parks.
c. No permanent structural type additions may be attached to the vehicle.
d. Accessory structures may be permitted in the Flood Fringe District, provided that
they constitute a minimal investment, do not hinder the removal of the vehicle
should flooding occur, and meet the standards outlined in Sections 20-329(l) and
20-367(2).
DIVISION 8. - ADMINISTRATION
Sec 20-385. - Permits
Unless otherwise stated the permit requirements within the floodplain districts shall be identical
to those contained in Chapter 7 and Chapter 20. Additional permit requirements within the
floodplain districts shall be as follows:
1) Show location of fill or storage of materials in relation to the stream channel.
2) Provide copies of any required municipal, county, state or federal permits or approvals.
3) Certification. The applicant is required to submit certification by a registered professional
engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this
ordinance. Floodproofing measures must be certified by a registered professional
engineer or registered architect as being in compliance with applicable floodproofing
standards in in the State Building Code. Accessory structures designed in accordance
with Section 20-367(2) of this ordinance are exempt from certification, provided
sufficient assurances are documented. Any development in established floodways must
not cause any increase in flood elevations or damages, as certified by a registered
professional engineer.
4) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No
building, land or structure may be occupied or used in any manner until a certificate of
zoning compliance has been issued by the Zoning Administrator stating that the use of
the building or land conforms to the requirements of this ordinance.
5) Recordkeeping of Certifications and As -Built Documentation. The Zoning Administrator
must maintain records in perpetuity documenting:
a. All certifications referenced in Section 20-385(3) of this ordinance as applicable.
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b. Elevations complying with Section 20-367(1) of this ordinance. The Zoning
Administrator must also maintain a record of the elevation to which structures and
alterations to structures are constructed orfloodproofed.
6) Notifications for Watercourse Alterations. Before authorizing any alteration or relocation
of a river or stream, the Zoning Administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters pursuant to Minnesota
Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the
notification must also be submitted to the Chicago Regional Office of the Federal
Emergency Management Agency (FEMA).
7) Notification to FEMA When Physical Changes Increase or Decrease Base Flood
Elevations. As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator must notify the
Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant
technical or scientific data.
Sec. 20-386. - Variances
Unless otherwise stated a variance request from the provisions of this article will be processed
and reviewed in accordance with applicable State Statutes and Chapter 20, Article II of the City
Code. Additional variance requirements within the floodplain districts shall be as follows:
1) Adherence to State Floodplain Management Standards. A variance must not allow a use
that is not allowed 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.
2) Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
a. Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would
result.
b. Variances may only be issued by a community upon (i) a showing of good and
sufficient cause, (ii) a determination that failure to grant the variance would result
in exceptional hardship to the applicant, and (iii) a determination that the granting
of a variance will not result in increased flood heights, additional threats to public
safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances.
c. Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
3) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage; and 2) Such construction below the base or regional
flood level increases risks to life and property. Such notification must be maintained with
a record of all variance actions.
4) General Considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
13
a. The danger that materials may be swept onto other lands or downstream to the
injury of others.
b. The availability of viable alternative locations for the proposed use that are not
subject to flooding.
c. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
5) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed variances to the DNR
sufficiently in advance to provide at least ten days' notice of the hearing. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
6) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must
be forwarded to the DNR within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
7) Recordkeeping. The Zoning Administrator must maintain a record of all variance actions,
including justification for their issuance, and must report such variances in an annual or
biennial report to the Administrator of the National Flood Insurance Program, when
requested by the Federal Emergency Management Agency.
Sec. 20-387. - Conditional Uses
Unless otherwise stated an application for a conditional use permit under the provisions of this
article will be processed and reviewed in accordance with Chapter 20, Article IV of the City
Code. Additional requirements for conditional uses within the floodplain districts shall be as
follows:
1) Conditions Attached to Conditional Use Permits. In addition to the standards
identified in Sections 20-351 and 20-368, the City of Chanhassen 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:
a. Limitations on period of use, occupancy, and operation.
b. Imposition of operational controls, sureties, and deed restrictions.
c. Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
2) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The
Zoning Administrator must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of the hearing.
The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
3) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may
be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
Sec. 20-388. - Nonconformities
Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful
before the passage or amendment of this ordinance but which is not in conformity with the
14
provisions of this ordinance may be continued subject to the following conditions. Historic
structures, are subject to the provisions of this section.
1) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of
obstruction to flood flows except as provided in Sec. 20-388(2) below. Expansion or
enlargement of uses, structures or occupancies within the Floodway District is
prohibited.
2) Any addition or structural alteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to the
regulatory flood protection elevation in accordance with any of the elevation on fill or
floodproofing techniques (i.e., FP thru FP4 floodproofing classifications) allowable
in the State Building Code, except as further restricted in Sec. 20-388(4) below.
3) If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one year, any future use of the premises must conform to this
ordinance.
4) If any structure experiences a substantial improvement as defined in this ordinance,
then the entire structure must meet the standards of Division 2 or Division 3 of this
article for new structures, depending upon whether the structure is in the Floodway or
Flood Fringe District, respectively.
5) If any nonconformity is substantially damaged, as defined in this ordinance, it may
not be reconstructed except in conformity with the provisions of this ordinance. The
applicable provisions for establishing new uses or new structures in Division 2 or
Division 3 will apply depending upon whether the use or structure is in the Floodway
or Flood Fringe, respectively.
6) If any nonconforming use or structure experiences a repetitive loss, it must not be
reconstructed except in conformity with the provisions of this ordinance.
Sec. 20-389. - Violations and Penalties
1) Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or
failure to comply with any of its requirements (including violations of conditions and
safeguards established in connection with grants of variances or conditional uses)
constitute a misdemeanor and will be punishable as defined by law.
2) Other Lawful Action: Nothing in this ordinance restricts the City of Chanhassen from
taking such other lawful action as is necessary to prevent or remedy any violation. If
the responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses will constitute an
additional violation of this ordinance and will be prosecuted accordingly.
3) Enforcement: Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Section 20-26 of the zoning
ordinance/code. In responding to a suspected ordinance violation, the Zoning
Administrator and City Council may utilize the full array of enforcement actions
available to it including but not limited to prosecution and fines, injunctions, after -
the -fact permits, orders for corrective measures or a request to the National Flood
Insurance Program for denial of flood insurance availability to the guilty party. The
City of Chanhassen must act in good faith to enforce these official controls and to
15
correct ordinance violations to the extent possible so as not to jeopardize its
eligibility in the National Flood Insurance Program.
Sec. 20-390. - Amendments
1) F000dplain Designation — Restrictions on Removal: The floodplain designation on the
Official Zoning Map must not be removed from floodplain areas unless it can be shown
that the designation is in error or that the area has been filled to or above the elevation of
the regulatory flood protection elevation and is contiguous to lands outside the
floodplain. Special exceptions to this rule may be permitted by the Department of Natural
Resources (DNR) if it is determined that, through other measures, lands are adequately
protected for the intended use.
2) Amendments Require DNR Approval: All amendments to this ordinance must be
submitted to and approved by the Department of Natural Resources (DNR) prior to
adoption.
3) Map Revisions Require Ordinance Amendments. The floodplain district regulations must
be amended to incorporate any revisions by the Federal Emergency Management Agency
to the floodplain maps adopted in Section 20-327(2) of this ordinance.
Secs. 20-391-20-400. - Reserved
SECTION 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 101b day of December, 2018 by the City Council of the
City of Chanhalsea Minnesota
/Todd Gerhardt, City Manager
Denny Lau nburger, kayor 61
(Summary Ordinance published in the Chanhassen Villager on December 20, 2018)
16
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.636
AN ORDINANCE AMENDING CHAPTER 1, GENERAL PROVISIONS AND
CHAPTER 20, ZONING OF THE CHANHASSEN CITY CODE
The purpose of these code amendments are as follows:
Amend Section 1-2 to adopt the definitions in the Minnesota Department of Natural
Resources' model ordinance for Base Flood Elevation, Critical Facilities, Dwelling
(manufactured), Flood Fringe, Flood Insurance Rate Map (FIRM), Flood Prone Area,
Floodproofing, Flood (regional), Floodplain, Floodway, Lowest Floor, Manufactured Home,
Recreational Vehicle, Regulatory Flood Protection Elevation (RFPE), Repetitive Loss, Special
Flood Hazard Area, Substantial Damage, and Substantial Improvement.
Amend Section 20-326 to state statutory authorization and purpose of the floodplain
overlay district.
Amend Section 20-327 to state jurisdictional limits and boundaries of the ordinance,
establish the Floodway, Flood Fringe, and General Floodplain as overlay districts, provide
mechanism for contesting district boundaries, incorporate Federal Emergency Management
Agency maps and studies by reference, incorporate flood studies by local Watershed Districts
and Water Management Districts by reference, state that in all areas the most restrictive
provisions prevail, note that the ordinance does not imply safety from flooding or flood damages,
state that the City has no liability for flood damages, and assert that the invalidation of one
section of the ordinance does not invalidate the other portions of the ordinance. .
Amend Section 20-328 to establish the location of the Floodway District, Flood Fringe
District, and General Floodplain District and the standards that shall apply to each district.
Amend Section 20-329 to list the requirements for all Floodplain Districts. These include:
minimum development standards designed to minimize the potential for flood damage; clauses to
protect existing flood capacity; prohibitions on storing dangerous substances; and location
restrictions for critical facilities.
Amend Section 20-330 to Section 20-347 to reserve space for future amendments.
Amend Section 20-348 to list the permitted uses and standards for permitted uses within
the Floodway District.
Amend Section 20-349 to Section 20-350 to reserve space for future amendments.
Amend Section 20-351 to list conditional uses and standards for conditional uses within
the Floodway District.
Amend Section 20-352 to Section 20-365 to reserve space for future amendments.
Amend Section 20-366 to list permitted uses for the Flood Fringe District.
Amend Section 20-367 to establish standards for permitted uses within the Flood Fringe
District.
Amend Section 20-368 to list conditional uses and standards for conditional uses within
the Flood Fringe District.
Amend Section 20-369 to Section 20-376 to reserve space for future amendments.
Amend Section 20-377 to list permitted uses for the General Floodplain District.
Amend Section 20-378 to establish procedures for determining floodway boundaries and
regional flood elevations within the General Floodplain District for developments greater than 50
lots or five acres, and require that this information be used to place these areas within either the
Floodway District or the Flood Fringe District.
Amend Section 20-379 to establish additional standards beyond those listed in Chapter 18
for the subdivision of lands within floodplain district.
Amend Section 20-380 to establish standards for Public Utilities located within the
floodplain.
Amend Section 20-381 to establish standards for Public Transportation Facilities within
the floodplain.
Amend Section 20-382 to establish standards for On -site Water Supply and Sewage
Treatment Systems within the floodplain.
Amend Section 20-383 to establish standards for manufactured homes and manufactured
home parks within each floodplain district.
Amend Section 20-384 to prohibit the expansion or creation of new recreation vehicle
parks or campgrounds within any floodplain districts, and establish standards for recreational
vehicles located within the floodplain.
Amend Section 20-385 to establish permitting, recordkeeping, and notification
requirements for floodplain districts.
Amend Section 20-386 to establish the process, standards, criteria, factors to consider,
notification, and recordkeeping requirements for granting variances within floodplain districts.
Amend Section 20-387 to establish the permit process, conditions imposable,
notification, and decision requirements for conditional uses within floodplain districts.
Amend Section 20-388 to establish provisions for the continuance, alteration,
improvement, mitigation, repair, replacement, and elimination of nonconforming uses within the
floodplain district.
Amend Section 20-389 to state that a violation of the floodplain ordinance is a
misdemeanor, that the city may take any and all lawful action to enforce the ordinance, and that
the city must act in good faith to enforce the ordinance.
Amend Section 20-390 to limit the city's ability to remove the floodplain designation on
the official zoning map, to state that amendments of this ordinance require approval from the
Department of Natural Resources, and to require the city to amend the ordinance to incorporate
any revisions made by the Federal Emergency Management Agency to the floodplain maps.
Amend Section 20-391 to Section 20-400 to reserve space for future amendments.
A printed copy of Ordinance 636 is available for inspection by any person during regular office
hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this IOth day of
December, 2018, by the City Council of the City of Chanhassen.
(Publish in the Chanhassen Villager on December 20, 2018)
CITY OF CHANT ASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
NO. 636
AN ORDINANCE AMENDING
CHAPTER 1, GENERAL
PROVISIONS AND CHAPTER
20, ZONING OF THE
CHANHASSEN CITY
The purpose of these code
amendments are as follows:
Amend Section 1-2 to adopt
the definitions in the Minnesota
Departmentof Natural Resources
model ordinance for Base Flood Affidavit of Publication
Elevation, Critical Facilities,
Dwelling (manufactured),Flood Southwest Newspapers
Fringe, Flood Insurance Rate
Map (FIRM), Flood Prone Area,
Floodproofing, Flood (regional),
Floodplain, Floodway, Lowest State of Minnesota)
Floor, Manufactured Home,
Recreational Vehicle, Regulatory )SS.
Flood Protection Elevation
(RFPE), Repetitive Loss, Special Count of C
Flood Hazard Area, Substantial y Carver
)
Damage, and Substantial
Improvement.
Amend Section 20-326 to
state statutory authorization and Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
purpose of the floodplain overlay agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
district- lager and has full knowledge of the facts herein stated asfollows:
Amend Section 20-327 to
state jurisdictional limits and Ay These newspapers have complied with the re u,terments constitutingqualification as a legal
boundaries of the ordinance, newspaper, as rided b Minnesota Statute 331A.02 331A.07, and oer applicable laws, s
establish the Floodway, Flood.P Y PP
Fringe, and General Floodplain amended.
as overlay districts, provide !
mechanism for contesting district (B) The printed public notice that is attached to this Affidavit and identified as No.Ll L-!
boundaries, incorporate Federal was published on the date or dates and in the newspaper stated in the attached Notice and said
Emergency Management Agency Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
Taps and studies by reference, the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
incorporate flood studies by inclusive, and is hereby acknowledged as being the kind and size of a used in the composition
local Watershed Districts and Y g g �P P
Water Management Districts by. and publication of the Notice:
reference, state that in all areas
the most restrictive provisions abcdefghijklmnopgrstuvwxyz
prevail, note that the ordinance
does not imply safety from /fin
flooding or flood damages, state
that the City has no liability for
flood damages, and assert that the Laurie A. Hartmann
invalidation of one section of the
ordinance does not invalidate the
other portions of the ordinance.
Amend Section 20-328 to Subscribed and sworn before me on
establish the location of the
Floodway District, Flood Fringe
District, and General Floodplain
District and the standards that Q day of i:�U"1118
shall apply to each district. this
Amend Section 20-329 to
list the requirements for all JYMME JEANNETTE BARK
include:
Floodplain in Districts. These • `�� NOTARY PUBLIC - MINNESOTA
include: minimum development
standards designed to minimize MY COMMISSION EXPIRES 01131(23
the potential for flood damage; N ublic,
clauses to protect existing flood
capacity; prohibitions on storing
dangerous substances; and
location restrictions for critical
facilities.
Amend section 330 RATE INFORMATION
Section 20-347 to reservervespacece
for future amendments. Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Amend Section 20-348 to list
the permitted uses and standards Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
for permitted uses within the Rate actually charged for the above matter ............................................... $12.97 per column inch
Floodway District.
Amend Section 20-349 to
Section 20-350 to reserve space
for future amendments.
Amend Section 20-351 to list
conditional uses and standards
for conditional uses within the
Floodway District.
Amend Section 20-352 to
Section 20-365 to reserve space
for future amendments.
Amend Section 20ZW to .list
Permitted uses for the Flood
Fringe District.
Amend Section 20-367 to
establish standards for permitted
uses within the Flood Fringe
District.
=�. inditional uses [within t,ie
rlood Fringe District.
Amend Section 20-369 to
Section 20-376 to reserve space
for future amendments.
Amend Section 20-377 to list
permitted uses for the General
Floodplair District.
6ann.ena Section 20-378
to establish procedures for
determining floodway boundaries
and regional flood elevations
within the General F000dplain
District for developments greater
than 50 lots or five acres, and
require that this information be
used to place these areas within
either the Floodway District or
the Flood Fringe District.
Amend Section 20-379 to
establish additional standards
beyond those listed in Chapter
18 for the subdivision of lands
within floodplain district.
Amend Section 20-380 to
establish standards for Public
Utilities located within the
floodplain.
Amend Section 20-381 to
establish standards for Public
Transportation Facilities within
the floodplain.
Amend Section 20-382 to
establish standards for On -
site Water Supply and Sewage
Treatment Systems within the
floodplain.
Amend Section 20-383
to establish standards for
manufactured homes and
manufactured home parks within
each floodplain district.
Amend Section 20-384
to prohibit the expansion or
creation of new recreation
vehicle parks or campgrounds
within any floodplain districts,
and establish standards for
recreational vehicles located
within the floodplain.
Amend Section 20-385
to establish permitting,
recordkeeping, and notification
requirements for floodplain
districts.
Amend Section 20-386 to
establish the process, standards,
criteria, factors to consider,
notification, and recordkeeping
requirements for granting
variances within floodplain
districts.
Amend Section 20-387 to
establish the permit process,
conditions imposable,
notification, and decision
requirements for conditional
uses within floodplain districts.
Amend Section 20-388
to establish provisions for
the continuance, alteration,
improvement, mitigation, repair,
replacement, and elimination of
nonconforming uses within the
floodplaih district.
Amend Section 20-389 to state
that a violation of the floodplain
ordinance is a misdemeanor,
that the city may take any and
all lawful action to enforce the
ordinance, and that the city must
act in good faith to enforce the
ordinance.
Amend Section 20-390 to limit
the citys ability to remove the
floodplain designation on the
official zoning map, to state that
amendments of this ordinance
require approval from the
Department of Natural Resources,
and to require the city to amend
the ordinance to incorporate any
revisions made by the Federal
Emergency Management Agency
to the floodplain maps.
Amend Section 20-391 to
Section 20-400 to reserve space
for future amendments.
A printed copy of Ordinance
636 is available for inspection by
any person during regular office
hours at the office of the City
Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 10th, day of December, 2018,
by the City Council of the City of
Chanhassen.
(Published in the Chanhassen
Villager on Thursday, December
20, 2018; No. 4681)