HomeMy WebLinkAbout9/13/11
City of Farmington
430 Third Street
Farmington, MN 55024
1. CALL TO ORDER
2. APPROVAL OF MINUTES
a) August 9, 2011 Regular Meeting
3. PUBLIC HEARINGS
AGENDA
PLANNING COMMISSION
September 13, 2011
7:00 P.M.
CITY COUNCIL CHAMBERS
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a) Text Amendment to Section 10-2-1 Concerning Zoning Definitions, Section 10-5-1 Concerning the Zoning
Map, and Section 10.5.25 Concerning the Floodplain Overlay District
Applicant: City of Farmington
430 Third Street
Farmington, MN 55024
4. DISCUSSION
None.
5. ADJOURN
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Planning Commission
FROM:
Tony Wippler, Assistant City Planner
SUBJECT:
Text Amendments Concerning:
· Section 10-2-1: Zoning Definitions;
· Section 10-5-1: Zoning Map;
· Section 10-5-25: Floodplain Overlay District
DATE:
September 13,2011
INTRODUCTION
Attached for the Commission's review and recommendation is an ordinance amendment to incorporate the
recently updated Flood Insurance Study, Dakota County, Minnesota And Incorporated Areas and the
accompanying Flood Insurance Rate Map Panels. Additionally, the attached ordinance includes text revisions
that are mandated by the Federal Emergency Management Agency (FEMA) for communities participating in
the National Flood Insurance Program (NFIP), of which Farmington is one.
The Commission reviewed this same ordinance amendment last year in April and gave a recommendation of
approval to the City Council. The Council, in turn, adopted the ordinance on April 19, 2010. The ordinance
had to be rescinded shortly after adoption due to a legal error concerning the required appeal period for one
community in Dakota County. The only change in the ordinance from last year is the effective date of the flood
insurance rate maps. The new effective date is December 2,2011.
DISCUSSION / REVIEW
The flood insurance study and rate maps identified above become effective on December 2,2011. The official
controls (zoning ordinance) must be amended and placed into effect by this date, otherwise Farmington risks the
chance of suspension from the NFIP program.
The attached ordinance amendment focuses on updating three areas of the City Code. These areas being:
.
Section 10-2-1: Zoning Definitions;
Section 10-5-1: Zoning Map; and
Section 10-5-25: Floodplain Overlay District
.
.
Many of the changes to the ordinance are technical and non-substantive in nature. However, some of the more
substantive changes are generally described below:
· Modifications to FEMA required regulations that limit alterations to nonconforming existing structures
that are in the floodplain;
· Limitations on the placement of recreational vehicles and the construction of new structures in the
floodplain;
· The imposing of additional FEMA required criteria that must be satisfied prior to issuing variances to
the development standards in the floodplain overlay district;
· The requirement of certain notifications to property owners of the impact their land use proposals may
have regarding FEMA and NFIP program eligibility and costs associated.
Minnesota Department of Natural Resources
The DNR has reviewed the proposed ordinance amendments and has issued a conditional state approval of the
amendments. For your reference, I have attached as Exhibit A the approval letter from Farmington's Regional
Hydrologist.
Summary Ordinance
Due to the length of the proposed ordinance amendment, a summary ordinance has been prepared for
publication purposes if approved by the City Council. The summary ordinance is attached at the end of this
memorandum.
ACTION REOUESTED
Recommend approval of the attached ordinance amendment and summary ordinance to Sections 10-2-1, 10-5-1
and 10-5-25 of the Zoning Code and forward that recommendation onto the City Council.
Respectfully submitted,
~(J~
Tony Wippler, Assistant City Planner
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-2-1, 10-5-1 AND 10-5-25
OF THE FARMINGTON CITY CODE, CONCERNING ZONING DEFINITIONS,
ZONING MAP AND FLOODPLAIN OVERLAY DISTRICT, RESPECTIVELY
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Sections 10-2-1, 10-5-1 and 10-5-25 of the Farmington City Code, is hereby amended by adding
the underlined language below and deleting the strikethrough language as follows:
10-2-1: ZONING DEFINITIONS:
FLOOD FRINGE: That portion of the floodplain outside of the floodway. Flood fringe is synonymous with
the term "floodway fringe" used in the flood insurance study for thc city of Farmington and Dakota County,
Minnesota. and incorporated areas.
FLOODPLAIN: The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which
have been or hereafter may be covered by a regional flood. Floodplain areas within Farmington shall
encompass all areas designated as unnumbered zonc "^~, zonc .\3 and zone AE and zone A on the flood
insurance rate map.
LOWEST FLOOR: the lowest floor of the lowest enclosed area (including basement).
MANUFACTURED HOME FOR FLOODPLAIN: a structure. transportable in one or more sections. which is
built on a permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does not include the term "recreational vehicle".
RECREA TlONAL VEHICLE: Any self-propelled vehicle and any vehicle propelled or drawn by self-
propelled vehicle built on a single chassis and 400 square feet or less when measured at the largest horizontal
proiection which is used for recreational purposes, including, but not limited to, recreational camping vehicles
as defined by MSA 327.14 subdivision 7, boats, and off highway vehicles such as snowmobiles, trail bikes,
motorcycles and other all-terrain vehicles.
REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than two feet (2') above the
elevation of the regional flood plus any increases in flood elevation caused be encroachments on the floodplain
that result from the designation of a floodway. Increases to the regional flood elevation (also referred to as the
I-percent annual chance flood elevation) caused by encroachments on the floodplain that result from the
designation of a floodway shall be determined in one of the following two ways: 1) For Zone AE areas. by
using the appropriate value in the "Increase (Fee!)" column for the "l-Percent-Annual-Chance Flood Water
Surface Elevation" from the respective data table in the document titled Flood Insurance Study. Dakota County.
Minnesota and Incorporated Areas as adopted by reference in Section 10-5-25 (D)(1) of the Zoning Ordinance;
or 2) For Zone A areas. in accordance with the procedures spelled out in Section 10-5-25 (F)(3) of the Zoning
Ordinance.
SUBSTANTIAL IMPROVEMENT: (Within any consecutive 365 day period) any reconstruction.
rehabilitation (including normal maintenance and repair). repair after damage. addition. or other improvement
ofa 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 that have incurred "substantial
damage". regardless of the actual repair work perfornled. The term does not. however. include either:
(a) Any proiect for improvement of a structure to correct existing violations of state or local health.
sanitary. or safety codes 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 "historic structure". provided that the alteration will not preclude the structure's
continued designation as an "historic structure".
10-5-1: ZONING MAP:
A map entitled zoning map, city of Farmington, is hereby adopted as part of this title. All notations, references
and data shown thereon are hereby incorporated by reference into this title. It remains on file at the office of the
zoning officer. A reduced copy of this map shall be attached to and become a part of each zoning ordinance. It
shall be the duty of the city planner to maintain said map, and all amendments thereto shall be recorded within
ninety (90) days of official publication. Explanatory material for the zoning map includes the flood insurance
study for the city Dakota County. Minnesota and Incorporated Areas prepared by the ffederal insurance
administration Emergency Management Agency dated Septembcr 1978December 2. 2011, and the fl.eOO
boundary and floodway maps and flood insurance rate maps panels therein as adopted by reference in Section
10-5-25 (D)( 1 ). This material is hereby adopted by reference, declared to be a part of this title and on file and
available for inspection at the office of the zoning officer. (Ord. 002-469, 2-19-2002)
10-5-25: FLOODPLAIN OVERLAY DISTRICT:
(A) Statutory Authorization: The legislature of the state of Minnesota has, in MSA chapters 103F and 394 for
counties or 462 for municipalities, delegated the authority to local governmental units to adopt regulations
designed to minimize flood losses. MSA chapter 103F further stipulates that communities subject to
recurrent flooding must participate and maintain eligibility in the national flood insurance program.
Therefore the city of Farmington, Minnesota, does ordain as follows.
(B) Statement Of Purpose: The purpose of this section is to maintain the community's eligibility in the national
flood insurance program codified as 44 Code of Federal Regulations Parts 59-78. as amended and to
minimize potential losses due to periodic flooding including loss oflife, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety
and general welfare.
(C) Waming Of Disclaimer Of Liability: This section does not imply that areas outside of the floodplain district
or land uses permitted within such districts will be free from flooding and flood damages. This section shall
not create liability on the part of the city of Fannington or any officer or employee thereof for any flood
damages that result from reliance on this section or any administrative decisions lawfully made hereunder.
(Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-2003)
(D) General Provisions:
1. Adoption Of Floodplain Maps: The flood insurance study prepared by the federal insurance
administration for the city of Farmington dated September 1978, the flood insurance study prepared by
the federal emergency management agency for Dakota County dated October 1, 1980, the flood
insurance rate map and the flood boundary and flood"vay map developed by the federal insurance agency
for the city of Farmington dated March 1, 1979, and panel 150 of the flood insurance rate map and flood
boundary and floodv/ay map devcloped by the federal emergency management agency for Dakota
County, Minnesota, dated "^~pril 1, 1981, is hereby adopted by reference as the official floodplain zoning
district map and mude a part of this title. (Ord. 004 511, 7 19 2004 )The Official Zoning Map together
with all materials attached thereto is hereby adopted by reference and declared to be a part of this
section. The attached material shall include the Flood Insurance Study for Dakota County. Minnesota
and Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27037C0204E.
27037C0208E.27037C0209E. 27037C0212E. 27037C0214E.27037C 0216E.27037C0217E.
27037C0218E. 27037C0219E. 27037C0236E. 27037C0238E. 27037C0356E and 27037C0360E. all
dated December 2.2011 and prepared by the Federal Emergency Management Agency. The Official
Zoning Map shall be filed in the Office of the Zoning Administrator.
2. Lands To Which Section Applies: This section shall apply to all lands designated as floodplain
designated as zone AE or zone A within the iurisdiction of Farmington within the jurisdiction of
Farmington as shown on the Official Zoning Map and/or the attachments thereto.
3. Interpretation: The boundaries of the floodplain district shall be determined by GIS or scaling distances
on the official floodplain zoning district map. Where interpretation is needed as to the exact location of
the boundaries of the floodplain district, the city engineer shall make the necessary interpretation based
on elevations on the regional (100-year) flood profile, if available. the ground elevations that existed on
the site at the time the community adopted its initial floodplain ordinance or on the date of the first
National Flood Insurance Program map showing the area with the 100-year floodplain if earlier. and
other available technical data. If 1 OO-year flood elevations are not available, the community shall: a)
require a floodplain evaluation consistent with subsection (F) of this section to determine a 100-year
flood elevation for the site; or b) base its decision on available hydraulic/hydrologic or site elevation
survey data which demonstrates the likelihood the site is within or outside of the floodplain.
4. Abrogation and Greater Restrictions: It is not intended by this Ordinance to repeal. abrogate. or impair
any existing easements. covenants. or deed restrictions. However. where this Ordinance imposes greater
restrictions. the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this
Ordinance are hereby repealed to the extent of the inconsistency only.
5. Severability: If any section. clause. provision. or portion of this Ordinance is adiudged unconstitutional
or invalid by a court of competent iurisdiction. the remainder of this Ordinance shall not be affected
thereby.
6. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 10-5-25 (D)(1)
above may include floodplain areas that lie outside of the corporate boundaries of the City of Farmington
at the time of adoption of this Ordinance. If any of these floodplain land areas are annexed into the City
of Farmington after the date of adoption of this Ordinance. the newly annexed floodplain lands shall be
subiect to the provisions of this Ordinance immediately upon the date of annexation into the City of
Fam1ington.
(E) Conflict With Preexisting Zoning Regulations And General Compliance:
1. The Floodplain District As Overlay Zoning District: The floodplain zoning district shall be considered an
overlay zoning district to all existing land use regulations of the community. The uses permitted in
subsection (F) of this section shall be permitted only if not prohibited by any established, underlying
zoning district. The requirements of this section shall apply in addition to other legally established
regulations of the community and where this section imposes greater restrictions, the provisions of this
section shall apply.
2. Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended,
repaired. maintained. converted, or structurally altered without full compliance with the terms of this
section and other applicable regulations which apply to uses within the jurisdiction of this section. Within
the floodway and flood fringe, all uses not listed as permitted uses in subsection (F) of this section shall
be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel
vehicles are subject to the general provisions of this title and specifically subsections (F) and (N) of
this section;
(b) Modifications, repair. maintenance. additions, structural alterations or repair after damage to existing
nonconforming structures and nonconforming uses of structures or land are regulated by the general
provisions of this title and specifically subsection (K) of this section; and
(c) As built elevations for elevated structures must be certified by ground surveys as stated in subsection
(I) of this section.
(F) Permitted Uses, Standards, And Floodplain Evaluation Criteria:
1. Permitted Uses In The Floodplain: The following uses of land are permitted uses in the floodplain district:
(a) Any use of land which does not involve a structure, an addition to the outside dimensions to an
existing structure or an obstruction to flood flows such as fill, excavation, or storage of materials or
equipment.
(b) Any use of land involving the construction of new structures, the placement or replacement of
manufactured homes, the addition to the outside dimensions of an existing structure or obstructions
such as fill or storage of materials or equipment, provided these activities meet two (2) conditions.
First, they are located in the flood fringe portion of the floodplain. Second, that compensatory flood
storage volume is provided equal to the amount of fill proposed. The compensatory volume shall be
provided between the impacted area and the channel in such a way to prevent an increase in the
existing or future regional flood profile. These uses shall be subject to the development standards in
subsection (F)2 of this section and the floodplain evaluation criteria in subsection (F)3 of this section
for determining flood way and flood fringe boundaries.
(c) Travel trailers and travel vehicles are regulated by subsection (N) of this section.
2. Standards For Floodplain Permitted Uses:
(a) Fill And Slopes: Fill shall be properly compacted and the slopes shall be properly protected by the use
of riprap, vegetative cover or other acceptable method. The federal emergency management agency
(FEMA) has established criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation; FEMA's requirements
incorporate specific fill compaction and side slope protection standards for multi structure or multilot
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. (Ord. 002-469, 2-19-2002; amd.
Ord.003-498,9-15-2003)
(b) Setbacks: Setbacks for floodplain alterations, fill, and new underground utilities, such as water,
sanitary and storm sewers and interceptors, gas lines, phone lines, and pipelines shall be established
and used along major waterways. These setbacks shall be established as follows. The exception is for
utilities that need to reach or cross the major waterway, provided the minimum impact alignment is
used.
(1) Where a major waterway has a sinuous flow pattern and a meander belt can be identified, the
setback for new underground utilities shall be set back fifteen feet (15') from the outer edge of the
meander belt.
(2) Where a sinuous flow pattern and meander belt are not readily identifiable because of past channel
alterations and/or the geomorphology of the channel, the setback established for new underground
utilities shall provide for the potential for restoration and a sinuous flow pattern as follows.
(3) Where there are existing encroachments that limit full restoration of the stream to the meander
widths appropriate for the stream type, the setback shall be fifteen feet (15') from the reasonably
achievable restoration width for the meander belt given the existing encroachments.
(4) Where full restoration is possible, the setback shall be fifteen feet (15') from a meander belt width
established along the stream reach that has a width ten (10) times the bank full channel width. An
assessment of the stream type may be completed, and meander belt widths established according
to the stream type, in place of using the above ten (10) times formula. Note: The 1999 Vermillion
River assessment report, available at the Dakota SWCD or the Dakota County offices of the
VRWJPO, provide assessment of stream type for many reaches of the Vermillion River.
(5) Where buffers are required, aboveground encroachments, alterations, and fill shall be consistent
with the prohibited and allowed uses and widths specified in the buffer standard. (Ord. 008-593,
12-1-2008)
( c) Projects Altering Floodplain Boundaries: Projects that alter floodplain boundaries result in an increase
to the 1 OO-year flood stage for activities in the floodway, such as bridge crossings and regional ponds
that increase upstream high water levels are allowed provided that:
(1) The applicant submits easements or other documentation in a form acceptable to the city or the
VR W JPO demonstrating and recording the consent of the owner of any land affected by the
increased high water levels, (Ord. 009-600, 3-16-2009)
(2) The action is consistent with other portions of these standards; and local, state and federal
regulations, and a Conditional and Final Letter of Map Revision is secured from the Federal
Emergency Management Agency when required by 44 code of Federal Regulations. Section 60.3
(c) or (d). and
(3) The upstream impacts, riparian impacts and habitat impacts of the proposed action are analyzed
and no detrimental impacts result, or adverse impacts are mitigated.
(d) Storage Of Materials And Equipment:
(1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable from the area
within the time available after a flood warning or if placed on fill to the regulatory flood
protection elevation.
(e) Adverse Impact: Floodplain alteration or filling shall not cause a net decrease in flood storage
capacity below the projected 1 OO-year critical flood elevation unless it is shown that the proposed
alteration or filling, together with the alteration or filling of all other land on the affected reach of the
water body to the same degree of encroachment as proposed by the applicant, will not cause high
water or aggravate flooding on other land and will not unduly restrict flood flows.
(f) Above Regulatory Flood Protection Elevation: 'Nhere 100 year flood critical elevations have been
established, nAIl new structures shall be constructed with the lowest floor elevated on fill at or above
the regulatory flood protection elevation. which is more restrictive than consistent with the minimum
elevations and standards as specified in state of Minnesota rules chapter 6120.5800. Subdivision
4.B: shoreland and floodplain management; Dakota County ordinance 50: shoreland and floodplain
ordinance: FP, floodplain district; as applicable.
(g) Projects: Projects involving development, redevelopment, or the subdivision of land, shall establish
flood storage, flowage, and drainage easements over areas below the 100-year critical flood
elevation of any public water, public waters wetland, or wetland.
(h) All Uses: Uses that do not have vehicular access at or above an elevation not more than two feet (2')
below the regulatory flood protection elevation to lands outside of the floodplain shall not be
permitted unless granted a variance by the board of adjustment. In granting a variance, the board
shall specify limitations on the period of use or occupancy of the use and only after determining that
adequate flood warning time and local emergency response and recovery procedures exist.
(i) Commercial And Manufacturing 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 greater than two feet (2') or be subject to flood velocities greater than four feet
(4') per second upon occurrence of the regional flood.
CD 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 floodwaters into
the systems; and 2) new or replacement on site sewage treatment systems must be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems
into floodwaters and they shall not be subject to impairment or contamination during 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.
(k) Anchored Foundations: All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral movement. Methods of
anchoring may include, but are not to be 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. (Ord. 008-593, 12-1-2008)
3. Floodplain Evaluation:
(a) Upon receipt of an application for a permit, manufactured home park development or subdivision
approval within the floodplain district, the planning coordinator shall require the applicant to furnish
sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or
hydrologist specifying the nature of the development and whether the proposed use is located in the
flood way or flood fringe and the regulatory flood protection elevation for the site. Procedures
consistent with Minnesota rules, 1983, parts 6120.5600 (technical standards and requirements for
floodplain evaluation) and 6120.5700 (minimum floodplain management standards for local
ordinances) shall be followed during the technical evaluation and review of the development
proposal. In a zone .\3 or zone AE on the flood boundary and floodway insurance rate map panel
adopted in subsection (D) 1 of this section, the floodway and flood fringe boundaries shall be as
shown on the flood boundary and flood',yay insurance rate map. (Ord. 004-511, 7-19-2004)
(b) The planning coordinator shall submit one copy of all information required by this subsection (F) to
the respective department of natural resources' area hydrologist for review and comment at least
twenty (20) days prior to the granting of a permit or manufactured home park
development/subdivision approval by the community. The planning coordinator shall notify the
respective department of natural resources area hydrologist within ten (10) days after a permit or
manufactured home park development/subdivision approval is granted.
(0) Utilities, Railroads, Roads And Bridges In The District: All utilities and transportation facilities, including
railroad tracks, ronds and bridges, shall be constructed in accordance with state floodplain management
standards contained in Minnesota rules 1983 parts 6120.5000 _ 6120.6200.
1. Public Utilities. All public utilities and facilities such as gas. electrical. sewer. and water supply systems
to be located in the floodplain shall be flood proofed in accordance with the State Building Code or
elevated to above the regulatory flood protection elevation.
2. Public Transportation Facilities (including railroad tracks. roads and bridges). Elevation to the
regulatory flood protection elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor 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.
(H) Subdivisions:
1. City Engineer Review For Suitability: No land shall be subdivided and no manufactured home park shall
be developed or expanded where the site is determined to be unsuitable by the city engineer for reason of
flooding, inadequate drainage, water supply or sewage treatment facilities. The city engineer shall review
the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of
the floodway for fill placement for elevating structures, sewage systems and related activities.
2. Evaluation: In the floodplain district, applicants for subdivision approval or development of a
manufactured home park or manufactured home park expansion shall provide the information required in
subsection (F) of this section. The city engineer shall evaluate the proposed subdivision or mobile home
park development in accordance with the standards established in subsection (F) of this section.
3. Access Roads: For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the
regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled
on all required subdivision drawings and platting documents.
4. 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.
(1) Administration:
1. Permit Required: A permit issued by the city engineer shall be secured prior to the construction, addition,
ef.. alteration, rehabilitation (including normal maintenance and repair) or modification of any building or
structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the
construction of a dam, fence, or on-site septic system: prior to the change or extension of a
nonconforming use; aHd prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source: and prior to the placement of filL excavation of materials, or the placement of an
obstruction within the floodplain.
2. State And Federal Permits: Prior to granting a permit or processing an application for a variance, the city
engineer shall determine that the applicant has obtained all necessary state and federal permits.
3. Certification Of Lowest Floor Elevations: The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the provisions of this title. The city engineer
shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and
alterations or additions to existing structures in the floodplain district.
4. Notifications for Watercourse Alterations: The City Engineer shall notify, in riverine situations, adiacent
communities and the Commissioner of the Depm1ment of Natural Resources prior to the community
authorizing 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 1 03G, 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).
5. Notification to FEMA When Physical Changes Increase or Decrease the lOa-year Flood Elevation: As
soon as practicaL but not later than six (6) months after the date such supporting information becomes
available, the City Engineer shall notify the Chicago Regional Office ofFEMA of the changes by
submitting a copy of said technical or scientific data.
(1) Variances:
1. Definition; Applicability: A "variance" means a modification of a specific permitted development standard
required in an official control including this title to allow an alternative development standard not stated
as acceptable in the official control, but only as applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
2. Board Action: The board may authorize upon appeal in specific cases such relief or variance from the
terms of this title as will not be contrary to the public interest and only for those circumstances such as
hardship, practical difficulties or circumstances unique to the property under consideration, as provided
for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In
the granting of such variance, the board of adjustment shall clearly identify in writing the specific
conditions that existed consistent with the criteria specified in the respective enabling legislation which
justified the granting of the variance.
3. When Allowed: Variances from the provisions of this title may be authorized where the board of
adjustment has determined the variance will not be contrary to the public interest and the spirit and intent
of this title. No variance shall allow in any district a use prohibited in that district or permit a lower degree
of flood protection than the regulatory flood protection elevation. Variances may be used to modify
permissible methods of flood protection. The following additional variance criteria of the Federal
Emergencv Management Agency must be satisfied:
(a) Variances shall not be issued by a community within and designated regulatorv floodway if any
increase in flood levels during the base flood discharge would result.
(b) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause. (m a
determination that failure to grant the variance would result in exceptional hardship to the applicant. and
(iii) a determination that the granting of the 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 shall only be issued upon a determination that he variance is the minimum necessary.
considering the flood hazard. to afford relief.
4. Copies Of Application: The board shall submit by mail to the commissioner of natural resources a copy of
the application for proposed variance sufficiently in advance so that the commissioner will receive at least
ten (10) days' notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail
to the commissioner of natural resources within ten (10) days of such action.
5. Appeals: Appeals from any decision of the board may be made, and as specified in this community's
official controls and also Minnesota statutes.
6. Flood Insurance Notice And Record Keeping: The zoning officer shall notify the applicant for a variance
that: a) the issuance of a variance to construct a structure below the base flood level will result in increased
premium rates for flood insurance us stated by current FEMA policies for insurance up to amounts as high
as $25 for $100 of insurance coverage, and b) such construction below the 100-year or regional flood level
increases risks to life and property. Such notification shall be maintained with a record of all variance
actions. A community shall maintain a record of all variance actions, including justification for their
issuance, and report such variances issued in its annual or biennial report submitted to the administrator of
the national flood insurance program.
(K) Nonconformities: A structure or the use of a structure or premises which was lawful before the passage or
amendment of this title but which is not in conformity with the provisions of this title may be continued
subject to the following conditions:
1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
2. An alteration within the inside dimensions of a nonconforming use or structure is permissible provided it
'Nill not result in increasing the flood damage potential of that use or structurc.Any structural alteration to
a nonconforming use in the floodway or flood fringe which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in
accordance with any of the flood proofing techniques (i.e.. FP-1 thru FP-4 floodproofing classifications)
allowable in the State Building Code. except as further restricted in 10-5-25 (K)(3) and 10-5-25 (K)(6)
below. A structural addition to a non conforming structure must be located outside of the floodway and
must be elevated on fill to the regulatory flood protection elevation in accordance with Section 10-5-25
(F)(2) of the City Code.
3. The cost of all structural alterations or additions both inside and outside of a structure to any
nonconforming structure over the life of the structure shall not exceed fifty percent (50%) of the market
value of the structure unless the conditions of this section are satisfied. The cost of all structural
alterations and additions constructed since the adoption of the community's initial floodplain controls
must be calculated into today's current cost which will include all costs such as construction materials
and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds fifty percent (50%) of the current market value of the structure, then the
structure must meet the standards of subsection (F) of this section for new structures.
4. If any nonconforming use is discontinued for 12 consecutive months. any future use of the building
premises shall conform to this title.
4. ~ If any nonconforming use of a structure or land or nonconforming structure is destroyed by any
means, including floods, to an extent of fifty percent (50%) or more of its market value at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of this title. The city
engineer may issue a permit for reconstruction if the use is located outside the floodway and, upon
reconstruction, is adequately elevated on fill in conformity with the provisions of this title.
6. If substantial improvement occurs. as defined in Section 10-2-1 of the Zoning Ordinance. for 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 and the existing nonconforming building must meet the requirements
of this title.
(L) Penalties For Violation: A violation of the provisions of this section or failure to comply with any of its
requirements (including violations of conditions and safeguards established in connection with grants of
variance) shall constitute a misdemeanor.
1. In responding to a suspected ordinance violation, the zoning officer and local government 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 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 officer, the
zoning officer shall immediately investigate the situation and document the nature and extent of the
violation of the official control. As soon as is reasonably possible, this information will be submitted to
the appropriate department of natural resources and federal emergency management agency regional
office along with the community's plan of action to correct the violation to the degree possible.
3. The zoning officer shall notify the suspected party of the requirements of this chapter 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 officer 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 officer may either: a) issue an order identifying the
corrective actions that must be made within a specified time period to bring the use or structure into
compliance with the official controls, or b) notify the responsible party to apply for an after the fact
permit/development approval within a specified period oftime not to exceed thirty (30) days.
4. If the responsible party does not appropriately respond to the zoning officer within the specified period of
time, each additional day that lapses shall constitute an additional violation of this chapter and shall be
prosecuted accordingly. The zoning officer shall also upon the lapse of the specified response period
notify the landowner to restore the land to the condition which existed prior to the violation of this
chapter.
(M) AmendmentsJ: All amendments to this title, including revisions to the official floodplain zoning district
map, shall be submitted to and approved by the commissioner of natural resources prior to adoption. The
floodplain designation on the official floodplain zoning district map shall not be removed unless the area is
filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside
of the floodplain. Changes in the official zoning map must meet the federal emergency management
agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption.
The commissioner of natural resources must be given ten (10) days' written notice of all hearings to consider
an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical
study under consideration.
(N) Travel Trailers And Travel Vehicles: Travel trailers and travel vehicles that do not meet the exemption
criteria specified below shall be subject to the provisions of this section and as specifically spelled out
below:
1. Exemption: Travel trailers and travel vehicles are exempt from the provisions of this section if they are
placed in any of the areas listed in subsection (N)2 of this section and further they meet the following
criteria:
(a) Have current licenses required for highway use.
(b) 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 trailer parks and the travel
trailer/travel vehicle has no permanent structural type additions attached to it.
(c) The travel trailer or travel vehicle and associated use must be permissible in any preexisting,
underlying zoning use district.
2. Areas Exempted For Placement Of Travel/Recreational Vehicles:
(a) Individual lots or parcels of record.
(b) Existing commercial recreational vehicle parks or campgrounds.
( c) Existing condominium type associations.
3. Additions And Accessory Structures: Travel trailers and travel vehicles exempted in subsection (N)1 of
this section lose this exemption when development occurs on the parcel exceeding five hundred dollars
($500.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a
garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will
then be treated as a new structure and shall be subject to the elevation requirements and the use of land
restrictions specified in subsection (F) of this section. 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.
4. Subject To Floodplain Provisions: New commercial travel trailer or travel vehicle parks or campgrounds
and new residential type subdivisions and condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be subject to the following:
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe
districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood
protection elevation determined in accordance with the provisions of subsection (F)3 of this section
and proper elevated road access to the site exists in accordance with subsection (F) of this section.
No fill placed in the floodway to meet the requirements of this section shall increase flood stages of
the 100-year or regional flood.
(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of subsection (N)4(a)
of this section may, as an alternative, be allowed if in accordance with the following provisions: The
applicant must submit an emergency plan for the safe evacuation of all vehicles and people during
the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual
and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall
demonstrate the provisions of Section 10-5-25 (N)(l)(a) and (b) will be met. All attendant sewage
and water facilities for new or replacement travel trailers or other recreational vehicles must be
protected or constructed so as to not be impaired or contaminated during times of flooding in
accordance with subsection (F) of this section. (Ord. 002-469, 2-19-2002; amd. Ord. 003-498, 9-15-
2003)
Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See title 11 of this code.
Footnote 2: See title 11 of this code.
Footnote 3: See section 10-5-26 of this chapter.
SECTION 2. Effective Date. This ordinance shall be effective upon its passage and publication according to
law.
ADOPTED this _ day of
,2011, by the City Council of the City of Farmington.
CITY OF FARMINGTON
By:
Todd Larson, Mayor
ATTEST:
By:
David McKnight, City Administrator
SEAL
By:
City Attorney
Published in the Farmington Independent the
day of
, 2011.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE AMENDING SECTIONS 10-2-1, 10-5-1 AND 10-5-25
OF THE FARMINGTON CITY CODE, CONCERNING ZONING DEFINITIONS,
ZONING MAP AND FLOODPLAIN OVERLAY DISTRICT, RESPECTIVELY
NOTICE IS HEREBY GIVEN that, on , Ordinance No. was
adopted by the City Council of the City of Farmington, Minnesota.
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No.
, the following summary of the ordinance has been prepared for publication.
NOTICE IS FURTHER GIVEN that the Section 10-2-1, 10-5-1 and 10-5-25
amendments change the definitions section of the city's zoning ordinance, the city's zoning
overlay maps, and the city's zoning regulations regarding the floodplain overlay district. The
updates are intended to reflect an updated study and mapping of the city's floodplain areas,
including areas that are not presently in the city that may be annexed to the city in the future.
The changes are being made to ensure consistency with current Federal Emergency Management
Agency (FEMA) and National Floodplain Insurance Program (NFIP) requirements.
While many of the changes are technical and non-substantive in nature, the map changes may
include or exclude certain properties from the floodplain overlay district. For those properties
within the district, the changes modify FEMA required regulations that limit alterations to
nonconforming existing structures that are in the floodplain, limit the placement of recreational
vehicles and the construction of new structures in the floodplain, and impose additional FEMA
required criteria that must be satisfied prior to issuing any variances from the development
standards in the floodplain district. The amendments also require certain notifications to
property owners of the impact their land use proposals may have regarding FEMA and NFIP
program eligibility and costs for those owners.
A printed copy of the whole ordinance is available for inspection by any person during
the City's regular office hours. The ordinance is also available on the city's internet home page.
APPROVED for publication by the City Council of the City of Farmington this _
day of ,2011.
142593v2
1
Approved as to form this _ day of
CITY OF FARMINGTON
By:
Todd Larson, Mayor
By:
David McKnight, City Administrator
, 2011.
By:
Joel J. Jamnik, City Attorney
Published in the Farmington Independent the _ day of
142593v2
2
,2011.
.----.
Minnesota Department of Notural Resources
DNR Waters - 1200 Warner Road, Farmington, fv1N 55106-6793
Telephone: (651) 259-5845 Fax: (651) 772-7977
March 22, 2010
The Honorable Todd Larson
Mayor, City of Farmington
City Hall
430 Third Street
Farmington, Minnesota 55024
I .
Dear Mayor Larson:
I~.
CONDITIONAL STATE APPROV AL OF DRAFT FLOODPLAIN ORDINANCE AND
REQUIRED NEXT STEPS
The Department of Natural Resources (DNR) received a proposed floodplain management ordinance
for the City of Fanning ton from Tony Wippler, Assistant City Planner, on March] 6,2010. This
proposed floodplain ordinance is being adopted to incorporate the Flood Insurance Study, Dakota
Count.y. Minnesota And Incorporated Areas and the accompanying Flood Insurance Rate Map panels
with an effective date of June 18, 20 I O. This ordinance is also being adopted to incorporate
floodplain ordinance text revisions mandated by the Federal Emergency Management Agency
(FEMA) for communities participating in the National Flood Insurance Program (NFIP).
I am pleased to inform you that the above-cited draft floodplain management ordinance is in
compliance with Statewide Standards and Criteriafor Management of Floodplain Areas of
Minnesota, Minnesota Rules, parts 6]20.5000 to 6120.6200. Therefore, in accordance with Minnesota
Statutes, Chapter 103F, I hereby give conditional state approval ofthe above-cited draft floodplain
management ordinance. To the best of my knowledge, this draft ordinance would also be in
compliance with the floodplain management standards ofthe Federal Emergency Management
Agency.
This approval is valid upon adoption of the draft ordinance by the city and receipt by this office of
three (3) certified copies of the adopted ordinance amendments along witlt the signed and
completed "Ordinance Certification Checklist" that I have included. We will review the ordinance
to make sure it meets the conditions in this letter and forward the documents to Ceil Strauss, the
DNR's State NFIP Coordinator in St. Paul. Upon receipt and verification, Ms. Strauss will transmit
the adopted ordinance to Mr. John Devine at FEMA's Chicago Regional Office.
Please remember, FEMA must receive a signed, certified ordinance, and in-effect ordinance no later
than June 18,2010. To allow sufficient time for processing and transmittal, we request that you
submit the ordinance to the DNR at least one week prior to the June 18,20 I 0 effective date. If
FEMA has not received the documentation by tlte effective date, FEMA will suspend the City of
Farmington from the National Flood Insurance Program.
wNw.dnr,stole,mn.us
. AN EQUAL OPPORTUNITI EMPLOYER
(: PRINTED ON REaClED PAPER CONTAINltlG A MINIMUM Of 10% POST.CONSUMER WASTE
(xAI
i!f"
DEPARTMENT OF
\ f/A ruRAL RESOUOCES .
Page 2
March 22, 2010
The Honorable Todd Larson
Please be advised that any future amendment of this draft ordinance or change in the designation of
flood prone areas requires prior approval of the Commissioner. In addition, you are required to send
copies of hearing notices and final decisions pertaining to variances, conditional uses, and ordinance
amendments to this agency. Please send these'notices directly to DNR Waters' Area Hydrologist
Janel! Miersch at 1200 Warner Road, Farmington, MN 55106. Please rely on Ms. Miersch for day-
to-day assistance in enforcing this ordinance.
The DNR greatly appreciates your community's cooperation and initiative in providing for the
reduction of flood damages through the adoption and administration of this ordinance.
Sincerelr.
/,A1P
'-'
Dale E. Homuth
Regional Hydrologist
*'
/
Enclosure (Ordinance Certification Checklist)
ec: Tony Wippler, Assistant City Planner, City of Fannington
Peter Herlofsky, Jr., City Administrator, City of Fannington
Kevin Schorzman. City Engineer, City of Fannington
MN DNR Floodplain Program, Ceil Strauss. Tom Lutgen, Salam Murtada
DNR Area Hydrologist, JaneU Miersch
City of Farmington File
{x fl 1..
Page 1 of 1
Tony Wippler
CJr. A3
From: Wills, Craig (DNR) [craig,wills@state.mn,us]
Sent: Tuesday, July 26,2011 12:48 PM
To: Tony Wippler
Subject: FW: Updated Floodplain ordinance
Hi Tony,
We compared the draft floodplain ordinance recently submitted against the draft floodplain ordinance
we approved on March 22, 2010, It is the same draft ordinance except for correctly referencing the new
FIS text/map panel dates of December 2, 2011.
Would appear everything is fine for final adoption, The previous approval letter we sent had as an
attachment a copy of the Ordinance Certification Checklist that must be filled out and sent back to us
with the requested documents.
Craig Wills
Area Hydrologist- South Metro
Waters, Central Region
651 259-5757
From: Strauss, Ceil C (DNR)
Sent: Friday, July 22, 2011 9:47 AM
To: Lutgen, Tom (DNR)
Cc: Wills, Craig (DNR)
Subject: FW: Updated Floodplain ordinance
From: Tony Wippler [mailto:twippler@CLFARMINGTON.MN.US]
Sent: Wednesday, June 29, 2011 2:32 PM
To: Strauss, Ceil C (DNR)
Subject: Updated Floodplain ordinance
Good Afternoon Ceil:
Attached, for your review, please find the City's proposed update to our floodplain
management regulations. We received a conditional letter of approval for essentially the same
revisions last year (please see attached letter) minus the new effective dates for the FIRM
maps. I would like to proceed with obtaining City Council approval again of the updates.
Sincerely,
Tony Wippler
Assistant City Planner
City of Farmington I 430 Third Street - Farmington, MN 55024
PH: (651) 280-6822 I Fax: (651) 280-6839
Farmington Farmers' June 16 - Sept 15
Third Street between Oak and Spruce Streets
7/26/2011