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HomeMy WebLinkAbout2276-04 - ADMIN Ordinance - City Council - 2004/08/16• • ORDINANCE NO. 2276-04 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 36 (ZONING) OF THE ST. LOUIS PARK CODE RELATING TO VARIANCES IN THE FLOOD DISTRICTS AND RELATING TO REGULATIONS FOR THE FLOOD PLAIN DISTRICTS THE CITY COUNCIL OF THE CITY OF ST. LOUIS PARK ORDAINS: Section 1. The Federal Emergency Management Agency (FEMA) has updated the Flood Insurance Rate Maps (FIRM), and is requiring the maps and regulations pertaining to the flood distracts to be updated for those communities that wish to continue to participate in the National Flood Insurance Program (NFIP) Section 2. The City of St. Louis Park is a participant in the National Flood Insurance Program, and desires to continue participating in the program, Section 3 The City Council has considered the advice and recommendation of the Planning Commission (Case No. 04-35-ZA) Section 4. The St. Louis Park Ordinance Code, Section 36 is hereby amended by deleting stncken language and adding underscored language Section breaks are represented by *** Section 5. Section 36-33(d) (3) Notice. After receipt of a complete application, the city shall set a date for a public hearing before the board of zoning appeals for any variance request within 45 days after the application for a variance is received by the city. The public heanng shall be held only after the notice required by subsection (b)(1) of this section has been given. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed vanance(s) occurnng within a floodway, flood fnnge or floodplain distract sufficiently in advance so that the Commissioner will receive at least ten days notice of the heanng. *** (5) Issuance The board of zoning appeals shall consider the effect of the proposed variance upon the health, safety and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to public safety, the effect on the character and development of the neighborhood and the values of property in the surrounding area, and the effect of the proposed variance upon the comprehensive plan. The board of zoning appeals may grant a vanancc from the strict application of the provisions of this chapter provided that: a. The board of zoning appeals may grant a vanance from the stnct application of the provisions of this chapter provided that: Ordinance No. 2276-04 -2- *** al. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the stnct application or the terms of this chapter would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the use distnct in which such lot is located. b2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the use distnct in which the land is located e3. The granting of the proposed variance is necessary for the preservation and enjoyment of a substantial property nght of the applicant. d4 The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. e5 The granting of the variance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. f6 The granting of the proposed vanance will not be contrary to the intent of this chapter and the comprehensive plan. g2. The granting of a vanance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. b. The board of zoning appeals may grant the vanance requested and impose conditions and safeguards as a condition to the vanance to ensure compliance with the conditions imposed and to protect adjacent properties. c. If the application for a vanance involves property within a floodway, flood fnnge and floodplain distnct, then 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, and the following additional vanance cntena of the Federal Emergency Management Agency must also be satisfied: Ordinance No. 2276-04 -3- 1. Vanances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels dunng the base flood discharge would result. 2. Vanances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the vanance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a vanance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3 Variances shall only be issued upon a determination that the variance is the minimum necessary, considenng the flood hazard, to afford relief. 4. No variance shall allow a lower degree of flood protection than the Regulatory Flood Protection Elevation. d. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a vanance 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 nsks to life and property. Such notification shall be maintained with a record of all vanance actions A community shall maintain a record of all variance actions, including justification for their issuance, and report such vanances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Section6. Sec. 36-291. Purpose and intent. 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. Section 7. Sec. 36-292. Application of division provisions. (a) Lands to which division applies. These floodplain regulations shall apply to all lands within the iunsdiction of the city shown on the official zoning map as being located within the boundaries of the floodway, flood fnnge, or General floodplain districts While this map shows the approximate locations of the boundaries of the floodway, flood fnnge, and floodplain distncts, the final location shall be determined by a topographic map, in companson to the 100 -year flood elevation and other applicable hydraulic modeling data. Ordinance No. 2276-04 (b) -4- The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053C0331E, 27053C0332E, 27053C0334E, 27053C0342E, 27053C0351E, 27053C0352E, 27053C0353E, 27053C0354E, 27053C0361E and 27053C0362E for the City of St Louis Park, dated September 2, 2004, as developed by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the office of the Zoning Administrator. *** (c) Regulatory flood protection elevation The regulatory flood protection elevation shall be an elevation no lower than two feet one4eet above the elevation of a regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. *** (e) No stage increase permitted. No structure, fill, deposit, obstruction or storage of matenals or equipment shall be allowed in any floodway, flood fnnge, or general floodplain distnct which will cause any increase in the stage of the 100 -year flood or will cause an increase in flood damages in the reaches affected. Section8. Sec. 36-293. Definitions. Flood fringe means that portion of the floodplain outside of the floodway. Flood fnnge is synonymous with the term "floodway fnnge" used in the flood insurance study for the city. It also includes all land above the designated ordinary high-water level and below the regional flood elevation of all wetlands and lakes . Federal Emergency Management Agency (FEMA). 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. *** Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. *** Ordinance No. 2276-04 -5- Manufactured Homes means any manufactured home as defined in Section 36-4 of this • ordinance except that their shall be no size limitation on the structure. *** Regulatory flood protection elevation means an elevation no lower than one foot two 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. *** Substantial Damage means damage of any ongin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred Substantial Improvement within any consecutive 365 -day penod, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (a) 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. (b) Any alteration of an "histonc structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this Ordinance, "histonc structure" shall be as defined in Code of Federal Regulations, Part 59.1. Section 9. Sec. 36-294. Establishment of zoning districts. (a) Districts. The following overlay districts are established for the purpose of regulating development in flood hazard areas within the city: (1) Floodway district (FW). The floodway distnct shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 36- 292(b). (2) Flood fringe district (FF). The flood fnnge distnct shall include those areas designated as floodway fnnge on the adopted in section 36 292(b) Flood Insurance Rate Map as adopted in Section 36-292(b) as being within Zone AE or Zone AH but being located outside of the floodway. (3) General floodplain district (FP). The general floodplain distnct shall include those areas designated as unnumbered " zones Zone A or Zones AE, Zone A0, or Zone AH without a floodway on the flood insurance rate map as adopted in Section 36-292(b). Ordinance No. 2276-04 -6- (b) Compliance. Provisions for compliance are as follows: (1) Recreational vehicles that do not meet the exemption cntena specified in Section 36-294(b)(1)a below shall be subject to the provisions of this Ordinance and as specifically spelled out in Sections 36-294(b)(1)c below. a. Exemption - Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 36- 294(b)(1)b below and further they meet the following cntena: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use distnct b. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. c Recreational vehicles exempted in Section 36-294(b)(1)a lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 36- 294(c) & Section 36-294(d) of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (2) Modifications, additions, structural alterations normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this chapter. *** (d) Flood fringe district (FF). *** Ordinance No. 2276-04 -7- • *** • *** *** • (2) Standards for flood fringe permitted uses. Standards for flood fnnge permitted uses are as follows: (3) a All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor, is at or above the regulatory flood protection elevation The finished fill elevation for structures shall be no lower than ene-feet-above the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon. b For all new structures constructed after June 15, 1998, the lowest floor building opening elevations shall be no lower than the regulatory flood protection 100-year-fleed elevation. For all structures existing on June 15, 1998, and additions to structures existing on June 15, 1998, the lowest floor ing-openings shall be no lower than one foot below the regulatory flood protection elevation. at one foot above the flood elevation c. As an alternative to elevation on fill, accessory structures that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with subsection (d)(3)b.1 & 2. of this section. e. Any structure that is not elevated on fill or flood proofed in the manner provided in this section or any use of land that does not comply with the standards in subsection (ed) of this section shall only be allowable as a conditional use. Standards for flood fringe conditional uses. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings and parallel walls, or abovegrade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered abovegrade and not a structure's basement or lowest floor if the enclosed area is abovegrade on at least one side of the structure; it is designed to internally flood and is constructed with flood resistant matenals; and it is used solely for parking of vehicles, building access or storage. The alternative elevation methods noted in this subsection (d)(3) are subject to the following additional standards: b Specific standards for abovegrade, enclosed areas. Abovegrade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: Ordinance No. 2276-04 *** *** *** 1. The A minimum area of "automatic" openings in the walls where internal flooding is to be used as a floodproofing technique. When , There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic oOpenings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters without any form of human intervention. (4) Standards for all flood fringe uses. Standards for all flood fnnge uses are as follows: b. Commercial uses. Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) regional flood. upon occurrence of a (e) General floodplain district (FP). Fill, dredge spoil, and all othcr similar matcnalb (1) Permissible uses. The uses listed in subsection (c)(1) of this section shall be permitted uses. All other uses shall be subject to the floodway/flood fnnge evaluation cntena of subsection (e)(2) of this section. Subsection (c) of this section shall apply if the proposed use is in the floodway district and subsection (d) of this section shall apply if the proposed use is in the flood fnnge distnct. (2) Procedures for floodway and flood fringe determinations within the general floodplain district. • • • Ordinance No. 2276-04 -9- *** *** a. Upon receipt of an application for a conditional use permit for a use within the FP distnct, the applicant shall be required to furnish such information deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district. This information may include the following: 3. A typical valley cross-section(s) 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 4. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 5. 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. b. The applicant shall submit one copy of the information in subsection (e)(2)a of this section to a designated engineer or other expert person or agency for technical assistance to determine whether the proposed use is in the floodway or flood fnnge distnct and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, parts 6120.5000--6120.6200 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the department of natural resources' area hydrologist pnor to commencing the analysis. The designated engineer or expert shall: 3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages_ more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, -as a result of the (f) Factors for conditional use approval. The factors upon which the decision of the city (1) Hearings. Upon filing for an application for a conditional use permit, the Zoning Administrator 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 least ten days notice of the hearing. Ordinance No. 2276-04 -10- (2) Decisions. In granting a conditional use permit the city council shall prescnbe appropriate conditions and safeguards, in addition to those specified in Section 36-294(f)(4), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 36-300. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (3) The factors upon which the decision of the city council shall be based when considenng conditional use applications are as follows: (-1)a. All relevant factors specified in other sections of this chapter divi ionn. (fib. The danger to life and property due to increased flood heights or velocities caused by encroachments (mac The danger that matenals may be swept onto other lands or downstream to the injury of others or they may block bndges, culverts or other hydraulic structures. (4)d. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (5)e. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (6)f The importance of the services provided by the proposed facility to the community. (7)g_ The requirements of the facility for a waterfront location. (8)h. The availability of alternative locations not subject to flooding for the proposed use. (9)1 The compatibility of the proposed use with existing development and the development anticipated in the foreseeable future (10)jThe relationship of the proposed use to the comprehensive plan and floodplain management program for the area. (11)k The safety of access to the property in times of flood for ordinary and emergency vehicles. (12)1.The expected heights, velocity, duration, rate of nse, and sediment transport of the floodwaters expected at the site. (13)m. Such other factors which are relevant to the purposes of this division. • • Ordinance No. 2276-04 -11- (4) Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Ordinance, the city council shall 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) Modification of waste treatment and water supply facilities. (b) Limitations on penod of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood proofing measures, in accordance with the State Building Code and this Ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. Section 10. Sec. 36-295. Application to subdivision. L4) No land shall be subdivided which is unsuitable because of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain distncts 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 division and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fnnge 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. (b) Floodway/Flood Fnnge Determinations in the General Flood Plain District: In the General Flood Plain Distnct, applicants shall provide the information required in Section 294(e)(2) of this Ordinance to determine the 100 -year flood elevation, the Floodway and Flood Fnnge Distnct boundaries and the regulatory flood protection elevation for the subdivision site. (c) Removal of Special Flood Hazard Area Designation: 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. FEMA's 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. Ordinance No 2276-04 Section 11. Sec. 36-296. Public facilities. -12-' ' (c) 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 flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination dunng times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. Section 12. Sec. 36-297. Certification and record. (a) Perrntt required. A permit issued by the zoning administrator which conforms to the provisions of this chapter shall be secured pnor to the following. *** *** (1) Erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure or portion thereof; (3) Change or extension of a nonconforming use; and (5) Construction of a dam, septic system or fence, and (6) Repair of a structure that has been damaged by flood, fire, tornado, or any other source. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in nvenne situations, adjacent communities and the Commissioner of the Department of Natural Resources pnor to the community authonzing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (h) Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. • Ordinance No. 2276-04 -13- Section 13. Sec. 36-298. Nonconformities--Compliance with chapter. (a) A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance from which this chapter is derived but which does not conform to the provisions of this chapter may be continued subject to the following conditions. Histonc structures, as defined in Section 36-293(b) of this Ordinance, shall be subject to the provisions of Sections 36-298(a)(1) — (4) of this Ordinance. *** *** (2) Any structural 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 a manner permitted in the state building code, except as further restncted in subsection (a)(3) and (a)(5) of this section. (4) If any nonconforming use or structure is : •• . - floods, to an extent of 50 percent or more of its market value at the time of derstfuetten substantially damaged, as defined in Section 36-293 of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this chapter, The applicable provisions for establishing new uses or new structures will apply depending upon whether the use or structure is in the floodway, flood fnnge or general floodplain district. (5) If a substantial improvement occurs, as defined in Section 36-293 of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Section 36-298(a)(2) above) and the existing nonconforming building must meet the requirements of Section 36- 294(c) or 36-294(d) of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fnnge Distnct, respectively. Section 14. Sec. 36-299. Amendments. (a) The floodplain designation on the official zoning map shall 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 mood regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if it is determined that, through other measures, lands are adequately protected for the intended use. Section 15. Sec. 36-300. Penalties for violation. Sec. 36-300. Penalties for violation. (a) Violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of vanances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. Ordinance No. 2276-04 1 -14- (b) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: (1) In responding to a suspected Ordinance violation, the Zoning Administrator and Local Government may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, inunctions, 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 Community must act in good faith to enforce these official controls and to correct Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (2) 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 appropnate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible. (3) 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 bnng 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 penod of time not to exceed 30 -days. (4) If the responsible party does not appropnately respond to the Zoning Administrator within the specified penod 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 pnor to the violation of this Ordinance. Section 16. Secs 36-300 301-320. Reserved. Section 17. Section 36-33 (d) Variances, limitations. The board of zoning appeals may grant variances from the stnct application of the provisions of this chapter and impose conditions and safeguards in the -vanances granted in cases where by reason of narrowness, shallowness, shape of a lot, exceptional topographical or water conditions, or other extraordinary and exceptional conditions of the lot, the strict application of the terms of this chapter would result in peculiar and practical difficulties or exceptional or undue hardship to the owner of the lot in developing or using the lot in a manner customary and legally permissible in the use district in which such lot is located. Applications for variances shall be filed with the • • Ordinance No. 2276-04 -15- director of planning and shall descnbe the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for the variance. (1) Applications. All applications for vanances shall be initiated by, or with the consent of, the owners of the property. A complete application shall consist of: a. An application form. b. The fee payment. c. A survey of the property showing all property lines, structures and easements. d. A plan showing all existing and proposed structures. e. A map or plat showing the lands proposed for vanance and all lands within 350 feet of the boundaries of that property and the names and addresses of the owners of the lands in the area as they appear on the records of the county auditor or other appropriate records. f Any other matenals required by the city. Before a variance request is approved, the request for the variance shall be considered by the board of zoning appeals. The board of zoning appeals shall consider the stnct application of the provisions of this chapter and the requirements of all applicable state law. (2) Consideration by the planning commission. Before the board of zoning appeals issues any variance, the planning commission or a representative authonzed by the planning commission shall review the vanance request and report its findings and recommendations to the board of zoning appeals. If no report is transmitted to the board of zoning appeals within 45 days after referral of the variance request to the planning commission or its authonzed representative, the board of zoning appeals may take action without a planning commission report. (3) Notice. After receipt of a complete application, the city shall set a date for a public hearing before the board of zoning appeals for any variance request within 45 days after the application for a vanance is received by the city. The public hearing shall be held only after the notice required by subsection (b)(1) of this section has been given. The Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed vanance(s) occurring within a floodway, flood fnnge or floodplain distnct sufficiently in advance so that the Commissioner will receive at least ten days notice of the heanng. *** (5) Issuance. The board of zoning appeals shall consider the effect of the proposed variance upon the health, safety and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to public safety, the effect on the character and development of the neighborhood and the values of property in the surrounding area, and the effect of the proposed vanance upon the comprehensive plan. Ordinance No. 2276-04 ' -16- a. The board of zoning appeals may grant a vanance from the strict application of the provisions of this chapter provided that: al. Where by reason of narrowness, shallowness, or shape of a lot, or where by reason of exceptional topographical or water conditions or other extraordinary and exceptional conditions of such lot, the stnct application or the terms of this chapter would result in peculiar and practical difficulties or exceptional or undue hardship upon the owner of such lot in developing or using such lot in a manner customary and legally permissible within the use distnct in which such lot is located. b2. Conditions applying to the structure or land in question are peculiar to the property or immediately adjoining property, and do not apply, generally, to other land or structures in the use distnct in which the land is located. e3. The granting of the proposed vanance is necessary for the preservation and enjoyment of a substantial property nght of the applicant. d4. The granting of the proposed variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, or endanger public safety. e5. The granting of the vanance will not unreasonably impact on the character and development of the neighborhood, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair the health, safety, and comfort of the area. €6. The granting of the proposed variance will not be contrary to the intent of this chapter and the comprehensive plan. g2. The granting of a variance will not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable undue hardship or difficulty. b. The board of zoning appeals may grant the variance requested and impose conditions and safeguards as a condition to the variance to ensure compliance with the conditions imposed and to protect adjacent properties c If the application for a vanance involves property within a floodway, flood fnnge and floodplain distnct, then 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, and the following additional variance cnteria of the Federal Emergency Management Agency must also be satisfied: • • • • Ordinance No 2276-04 -17- 1. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. 2 Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the vanance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a vanance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. 3. Vanances shall only be issued upon a determination that the vanance is the minimum necessary, considenng the flood hazard, to afford relief. 4. No vanance shall allow a lower degree of flood protection than the Regulatory Flood Protection Elevation. d Flood Insurance Notice and Record Keeping The Zoning Administrator shall notify the applicant for a vanance that: 1) The issuance of a vanance 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 nsks to life and property Such notification shall be maintained with a record of all vanance actions A community shall maintain a record of all vanance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Section 18. The contents of the Planning Case File No. 04-35-ZA is hereby entered into and made part of the public heanng record and the record of decision for this case. Section 19. Effective Date This Ordinance shall be effective fifteen (15) days after its passage and publication. P Re ED this 16th day of August, 2004, by the City Council of the City of St Louis r Administration City M • Attest: q,,,__.----. ty Clerk oved as to Form and Executio ty Attorney • STATE OF MINNESOTA) Qi� z newspapers AFFIDAVIT OF PUBLICATION ss COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Sailor , and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applic- able laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 26 day of August , 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2004, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: • abcdefghskl mnopgratuvwxyz BY: Subscribed and sworn to or affirmed before me on this 26th day of August , 2004. RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.85 per line for comparable space ®) Maximum rate allowed by law $ 6.20per line (3) Rate actually charged $ 1.40 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2276.04 • AN ORDINANCE AMENDING CHAPTER 36 (ZONING) RELATING TO FLOODPLAIN DISTRICTS • This ordinance states that amendments will be made to ' the regulations pertaining to variances in the Floodplam Districts and regulations pertaining to the Floodplain Dis- tricts by adding clarifications required b'y the Federal Emergency Management Agency (FEMA) This ordinance shall take effect 15 days after publication Adopted by the City Council August 16, 2009 Ij Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in - I spection with the City Clerk Published in St Lows Park Sailor August 26, 2004 (Aug 26, 2004) a3/Ord 2276 floodplain