(A) General provisions for overlay districts.
1. General statement of purpose. The requirements of the overlay districts shall apply to all zoning lots located in such districts in addition to all requirements in this code that apply to the primary zoning district classification of those zoning lots. In the event of a conflict between the provisions of any overlay district and the underlying primary zoning district, the provisions of the overlay district shall apply, except where otherwise specified.
(B) Downtown Overlay District (D-1).
1. Purpose. This district is established to:
(a) Preserve cultural aspects of the Historic Commercial District.
(b) Encourage the physical development of the city as intended by the city's Comprehensive Plan and Downtown Design Manual/Plans.
(c) Encourage the harmonious development and appearance of structures and property within the district.
(d) Maintain and improve property values of the district and throughout the city.
2. Lot requirements. In addition to the lot requirement standards, the following shall also apply:
(a) Front & side yard setback.
i. Infill buildings must meet a build to line which shall be built flush to the sidewalk and flush to adjacent buildings.
ii. No side setbacks are allowed unless next to a public pedestrian way or residential district where setback is required.
(b) Rear yard height transition to residential districts. When rear yards in this district directly abut any residential district the following rear setbacks are required:
i. Where no alley is present a setback of 15 feet is required.
ii. Where there is an alley present a setback of ten feet from the alley is required.
(c) Building height.
i. Maximum building height is four stories or 50 feet, whichever is less.
ii. Minimum length of building may not be less than 22 feet along the front façade.
iii. No building may be greater than 24 feet higher than an adjacent building.
(a) Buildings on 7th Avenue shall have primary entrance onto 7th Avenue with design elements as indicated in the adopted Downtown Design Manual indicating entrance location.
(b) For businesses which occupy the "back" half of a building on 7th Avenue, the primary entrance may be on the rear access to the building.
(c) For businesses on corner lots, they are encouraged to provide dual access points as indicated in the adopted Downtown Design Manual.
(d) Public rear entrances are allowed which meet the requirements of the adopted Downtown Design Manual.
4. Use. The allowed uses within the Downtown (D-1) overlay district are the same as the uses listed within the Downtown Mixed-Use (MU-1) zoning district in Table 3 except that townhouses are not allowed within the D-1 district.
(C) Planned Unit Development District (PUD).
1. Purpose. Planned Unit Developments (or PUDs) are allowed to encourage innovation in project design that cannot be achieved through traditional zoning. More specifically, this district is established to:
(a) Provide for development as an integrated, coordinated unit as opposed to parcel-by-parcel, approach to development.
(b) Introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities.
(c) Enable development that is characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities, and a harmonious selection and efficient distribution of uses.
(d) Provide flexibility from ordinance requirements and joint planning between the city and developer to protect other features such as existing development, planned streets, vegetation, slopes, wetlands, lakes or streams.
(e) Promote more efficient uses of the land while preserving existing landscape amenities and allowing harmonious development consistent with the Comprehensive Plan and preserving the health, safety and general welfare of the community.
2. Objectives. The PUD is intended to encourage the efficient use of land and resources, to promote greater efficiency in public utility services and encourage innovation in the planning and building of all types of development. Public benefits to be derived as a result of the PUD include, but are not limited to:
(a) Harmonious mix of land uses, building types, open spaces, and circulation elements.
(b) Concentration of open space into more usable areas.
(c) Preserve natural resources of the site including wetlands, woodlands, steep slopes and scenic areas.
(d) Facilitate the economical provision of streets and public utilities.
(e) Preserve and enhance historic and natural resources.
(f) Allow more than one principal building on a lot.
(g) Provision of a mixture of residential unit types and densities in an integrated and well-planned area creating a variety of housing types, consistent with the city's housing goals.
(h) Promote energy conservation through the use of more efficient building designs, sites and clustering of land uses and buildings.
3. General requirements and standards.
(a) Eligibility. A site is eligible for PUD designation only if it meets at least one of the following:
i. Has two or more principal uses or structures on a single parcel of land; this may include a mixture of townhouses, apartment projects involving more than one building, detached residential structures, or non-residential buildings.
ii. Multi-use structures such as commercial uses in industrial-type developments, mixed residential and commercial developments, and more than one principal use in a single building.
(b) Ownership. An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the approval of the final plat shall be binding on all owners. In absence of an ownership application, the project developer may submit with the development application the written consent of all property owners within the proposed PUD. The financial commitments incurred through any portion of the development shall be the responsibility of the owner.
(c) Consistency with Comprehensive Plan. The proposed PUD shall be consistent with the Comprehensive Plan.
(d) Permitted uses. All permitted, conditional, and interim uses contained in the underlying zoning district shall be treated as permitted, conditional, and interim uses in the PUD Overlay District.
(e) Density. Increased density shall be permitted to encourage the preservation of natural topography and geological features. The city may, but shall not be required to, provide concessions in setbacks, density, or lot size to protect waterways or water bodies, steep slopes or other areas which would normally not be developable. The city will consider allowing an increase in the allowable density upon proof by the applicant that some of the following are being provided as part of the proposed development:
i. Increased preservation of natural site features, topography, geological features, wetlands, lowlands, wooded areas, and the like, beyond what is required by the Minnesota Department of Natural Resources, by the city and/or Ramsey County ordinances.
ii. Creation of conservation easements due to steep slopes, wooded areas and/or environmentally sensitive areas, as identified in the Comprehensive Plan.
iii. Creation of park/public areas for active and passive park uses beyond required standards or other public purposes such as schools, public buildings, greenways, and the like which meet the intent of the Park and Recreation goals of the Comprehensive Plan and are consistent with the public dedication requirements for the proposed development.
iv. Installation of public improvements designed to serve areas beyond the project boundary.
v. Housing projects which provide affordable housing options, consistent with the Comprehensive Plan.
(f) Development density. The minimum lot size requirements of other sections of this chapter do not apply to a PUD except that the minimum lot size requirements of the underlying zone shall serve as a guideline to determine the maximum dwelling unit density of a total development. The maximum dwelling unit density shall be determined by the area remaining after appropriate space for street right-of-ways and any other public dedications have been determined and subtracted from the total PUD area. If the property involved in the PUD includes land in more than one zoning district, the number of dwelling units or the square footage of commercial, residential or industrial uses in the PUD shall be proportional to the amount that would be allowed separately on the parcels located in each of the underlying zoning districts or as guided by the Comprehensive Plan. In the Shoreland Overlay District total development density shall be that of the underlying zone.
(g) Flexibility from ordinance requirements. The city may, but shall not be required to, provide concessions in setbacks, density, lot size, building height, street width or parking to achieve the purpose and objectives of the PUD in (C)(1) and (2) herein.
(h) Relationship of PUD site to adjacent areas. The design of a PUD shall take into account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so designed as to minimize undesirable impact of the PUD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PUD.
(i) Utility requirements. Utilities, including telephone and electrical systems, installed within a PUD shall be placed underground. Utility appurtenances which can be effectively screened may be exempt from this requirement if the city finds that such exemption will be consistent with the objective of this section and the character of the proposed PUD.
(j) Parking. Off-street parking and loading space shall be provided in each PUD in the same ratios for types of buildings and uses as required in the underlying zoning district unless the developer can demonstrate, to the city's satisfaction, that a lesser standard should be permitted on the grounds of one or more of the following:
i. The complementarity of peak parking demands by the uses within the PUD. The city may require execution of a restrictive covenant limiting future use of the property to those uses which will continue this parking complementarity, or which are otherwise approved by the city.
ii. Shared parking provided through a non-exclusive agreement with the owners of property located within 600 feet of the use if the parking demands of the uses do not coincide.
iii. Proximity to mass transit. A 10% reduction may be awarded if building entrances are located within 300 feet of a transit stop. An additional reduction may be granted if an adequate sheltered transit stop within the development is provided.
vi. Car ownership characteristics of the anticipated or targeted residential population.
(k) Street width. Requirements outlined in the subdivision ordinance for street widths may be relaxed depending on the number of off-street parking locations and the anticipated density in the planned unit development. The Planning Commission, City Engineer and city's Emergency Services (Fire, Ambulance and Police) shall review each planned unit development to determine street width requirements.
(l) Landscaping. In any PUD, the developer shall prepare and submit a landscaping plan as a part of the Final Plan, which shall include a detailed planting list with sizes and species indicated to be approved by the City Council. In assessing the landscaping plan, the City Council shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.
(m) Public services. The proposed project shall be served by the city water and sewer system and fire hydrants shall be installed at such locations as required by the City Engineer or the Fire Chief to provide fire protection.
(n) Building height. Height limitations shall be the same as imposed in the respective zoning districts, unless flexibility is granted for building height per § 154.008
(C)(3)(g).
(o) Development agreement. Prior to the issuance of a building permit as part of the PUD, the permit applicant, builder, or developer shall execute and deliver to the City Council a development agreement for the PUD.
(p) Open space. Common open space shall be either held in common ownership by all owners in the PUD or dedicated for public use with approval of the City Council. Whenever possible, common open space shall be linked to the open space areas of adjoining developments. Common open space shall be of such size, shape, character, and locations as to be useable for its proposed purpose.
4. Operating and maintenance requirements for PUD common open space and service facilities.
(a) Whenever common open space or service facilities are provided within the PUD, the PUD plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a predetermined reasonable standard.
(b) Common open space and service facilities within a PUD shall be placed under the ownership of one or more of the following or may include a method deemed most appropriate by the City Council.
i. Landlord control, where only use by tenants is anticipated.
ii. Property owners association, provided all of the following conditions are met:
A. Prior to the use, occupancy, sale or the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document as specified in M.S. § 515.00, as may be amended from time to time, shall be filed with the Zoning Administrator prior to the filings of the declaration of documents or floor plans with the Ramsey County's Recorder's Office.
B. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject the properties to the terms of the declaration.
C. The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation may be formed, and if such an association or corporation is formed property owners must be members of the association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
D. The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city, or fails to pay taxes or assessments on properties as they become due, and in the event the city incurs any expenses not immediately reimbursed by the association or corporation, then the city shall have the right to assess each property its pro rata share of the expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which such assessment is made.
E. Membership in the association must be mandatory for each owner and any successive buyer and the association must be responsible for liability insurance, taxes, and the maintenance of the open space facilities to be deeded to it. This requirement may be waived by the City Council for existing units which are being incorporated into a PUD.
F. The open space restrictions must be permanent and not for a given period of years.
G. Property owners must pay their pro rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with state law and the association must be able to adjust the assessment to meet changing needs.
H. The by-laws and rules of the association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan. If a final PUD plan is filed in one phase, with staged final plats, the bylaws, rules of the association and all covenants and restrictions may be filed with the final plat.
I. Staging of common open space. The construction and provision of all of the common open space and public improvements and recreational facilities that are shown on the final development plan for a PUD must proceed at the same rate as the construction of dwelling units or other private facilities.
5. PUD processes.
(a) Pre-application meeting. Applicants of a proposed PUD are encouraged to arrange for and attend an informational meeting with city staff. At such conference, the applicant shall be prepared to generally describe their proposal for a PUD. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of the conformity to the provisions of this Code before incurring substantial expense in the preparation of detailed plans, surveys, and other data.
(b) Concept PUD plan. Applicants may, at their option, prepare development sketch plans for review by the city. As far as may be practicable on the basis of a sketch plan, the city will informally advise the owner as promptly as possible of the extent to which the proposed plan conforms to the design standards of this section and discuss possible plan modifications necessary to secure conformance. The sketch may be reviewed, where applicable, by the Planning Commission and the Council. Such sketch plans submitted shall be for informal discussion between the developer and the city. Submission of sketch plan shall not constitute formal filing of an application.
(c) Recommended neighborhood meeting. The applicant is strongly encouraged to hold a neighborhood meeting. Property owners within 350 feet of the PUD, or a larger area as determined by the city, should be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposal, discuss the concepts and basis for the plan being developed, and to obtain information and suggestions from the neighborhood.
(d) Preliminary PUD plan.
i. The developer/owner shall submit an application for subdivision or preliminary PUD plan at least 30 days prior to the Planning Commission meeting.
ii. The Zoning Administrator shall review the preliminary application and distribute to appropriate staff and consultants for review. The Zoning Administrator shall post notice of a public hearing and forward all comments, along with the application, to the Planning Commission.
iii. The Planning Commission shall conduct a public hearing, following published notice and mailed notice to property owners within 350 feet of the proposed PUD. Notice shall occur not less than ten or more than 30 days prior to the hearing. Failure of a property owner to receive notice shall not invalidate the process. The Planning Commission shall review the preliminary PUD plan and submit a written report and recommendation to the City Council. Such report shall contain the findings and recommendations of the Planning Commission with respect to the compliance of the preliminary PUD plan with the provisions of this Code and all other applicable federal, state, and local codes and ordinances, and the Comprehensive Plan or other relevant plans.
iv. Within 60 days of the receipt of a complete application, the City Council may take action to grant approval, grant conditional approval, or deny approval of the plan. The city may extend the review period by up to 60 days if it provides the applicant written notice of and reasons for the extension before the end of the initial 60 days.
v. Upon City Council approval, the City Attorney shall draft a PUD development agreement which stipulates the specific terms and conditions established and approved by the City Council and accepted by the applicant. This agreement shall be signed by the Mayor, City Manager, and the applicant.
vi. Where the preliminary PUD plan is denied approval, City Council action shall be by resolution setting forth the reasons for its actions. A certified copy of the document evidencing said City Council action shall be delivered to the applicant. The applicant will have 60 days to submit a revised preliminary PUD plan to the Planning Commission. After the 60 day period, a revised general concept plan must be submitted to the Planning Commission unless otherwise arranged with the Zoning Administrator.
vii. If subsequent submittals of the preliminary PUD plan are denied approval two times within one year of the original submission date, the applicant will be required to submit a revised general concept plan.
viii. Limitation on preliminary PUD Plan approval. Unless a final plan covering the area designated in the first stage of the preliminary PUD plan has been filed within six months from the date the City Council grants preliminary PUD plan approval, or in any case where the applicant fails to file final plans and to proceed with development in accordance with the provisions of this section and/or an approved preliminary PUD plan, the approval shall expire. The City Council may, at its discretion, extend for not more than one additional period of six months the filing deadline for any final plan when, for good cause, such extension is necessary. In any case where the preliminary PUD plan approval expires, the City Council shall forthwith adopt a resolution repealing the general concept plan approval and the preliminary PUD plan approval for that portion of the PUD that has not received final plan approval, and re-establish the zoning and other ordinance provisions that would otherwise be applicable.
ix. Review and evaluation criteria. The evaluation of the proposed preliminary PUD plan shall include, but not be limited to, the following criteria:
A. Adequate property control is provided to protect the individual owner's rights and property values and the public responsibility for maintenance and upkeep.
B. The interior circulation plan plus access from and onto public rights-of-way does not create congestion or dangers and is adequate for the safety of the project resident and the general public.
C. A sufficient amount of usable open space is provided.
D. The arrangement of buildings, structures, and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses.
E. The architectural design of the project is visually compatible with the surrounding area. Architectural style or type of buildings shall not solely be a basis for denial or approval of the preliminary PUD plan. However, the overall appearance and compatibility of individual buildings to other site elements of surrounding development will be given primary consideration in the review stages of the Planning Commission and City Council.
F. The drainage and utility system plans are submitted to the City Engineer and shall be subject to approval of the City Engineer.
G. The development schedule insures a logical development of the site which will protect the public interest and conserve land.
H. Proposed unit and accessory use requirements are in compliance with the district provisions in which the development is planned.
I. Whether the proposed PUD is consistent with the purpose and objectives of (C)(1) and (2) herein.
(e) Final PUD plan. The final plan is to serve as a complete, thorough and permanent public record of the PUD and the manner in which it is to be developed. It shall incorporate all prior approved plans and all approved modifications thereof resulting from the PUD process. It shall serve in conjunction with other city ordinances as the land use regulation applicable to the PUD.
i. Submission of the final plan. Upon approval of the preliminary PUD plan, the applicant shall file with the Zoning Administrator a final plan consisting of the information and submissions required by the final plan stage, for the entire PUD or for one or more stages. The final plan is intended only to add detail to, and to put in final form, the information contained in the general concept plan and the preliminary PUD plan which shall conform to the preliminary PUD plan in all respects. A final plan of a single-phase proposed development or a portion of a multiple- phase proposed development may be submitted simultaneously with the overall preliminary plan for purposes of expediting the review process.
ii. Review and approval of final plan. The Zoning Administrator shall forward comments of staff and consultants to the Planning Commission, who shall prepare a recommendation for the City Council. No public hearing shall be required for approval of the final plan. The City Council may approve the PUD final plan with a majority vote.
iii. Recording of final plat and PUD agreement. Within 180 days of the Zoning Administrator's notice of approval, the applicant shall record the final plat and PUD agreement, or such portions thereof as are appropriate, with the Office of the Ramsey County Recorder.
iv. Building and other permits. No building permit shall be granted on land for which a plan for a PUD is in the process of review or which does not conform to the approved final plan. Upon receiving notice from the Zoning Administrator that the approved final plat and agreement has been recorded and upon appropriate application of the applicant, building and other permits may be issued to the applicant if the following conditions are met:
A. Public open space, if applicable, has been deeded to the city and officially recorded.
B. A development agreement has been approved and executed by all parties.
C. The homeowner's association (if applicable) by-laws, covenants and deed restrictions have been approved by the City Attorney and officially recorded.
D. The construction plans for proposed structures have been approved by the Building Official.
E. All detailed site plans have been approved by the Zoning Administrator.
v. Limitation of final plan approval. Within one year after the approval of a final plan for PUD, or such shorter time as may be established by the appropriate development schedule, construction shall commence in accordance with such approved plan. Failure to commence construction within such period shall, unless an extension has been granted as hereinafter provided, automatically renders void the PUD permit and all approvals of the PUD plan. The area encompassed within the PUD shall thereafter be subject to those provisions of the zoning ordinances and other ordinances applicable in the district in which it is located. In such case, the City Council shall forthwith adopt a resolution repealing the PUD permit and PUD approvals and re-establishing the zoning and other ordinance provisions that would otherwise be applicable.
6. PUD data requirements.
(a) Concept PUD plan. Prior to preliminary PUD application, owners of property in the PUD District are invited to prepare, for review by the city, development sketch plans. Items to be supplied by the applicant include:
i. Overall maximum PUD density range.
ii. Proposed general development and use.
iii. General location of major streets, pedestrian walkways adjacent to the tract, and scale and tract boundaries and north point.
iv. General location and extent of public and/or common open space, areas to be preserved, significant topographical and physical features.
v. Sketch illustrating the general location of residential and non-residential land uses with approximate intensities of development and any zoning change requested.
vi. Staging and timetable of development.
vii. Other special criteria for development.
(b) Preliminary PUD plan. An application for approval of a preliminary PUD plan shall be filed with the Zoning Administrator by the owner(s) of title of property for which the PUD is proposed. A filing fee, as established from time to time by City Council ordinance, shall accompany the preliminary PUD application. The application and accompanying statements shall be submitted and shall include:
i. A vicinity map at a scale approved by the Zoning Administrator showing property lines, streets, easements, existing zoning, graphic scale, north point, date of preparation, and such other items as the Planning Commission may require to show the relationship of the proposed PUD to the Comprehensive Plan of the city, to existing schools and other community facilities and services, and to the surrounding area.
ii. Abstractor's certified copy property certificate providing names and addresses of property owners within 350 feet of the outer boundaries of the property (one copy).
iii. The legal description of the property and lot size.
iv. Boundary survey prepared by a registered surveyor, including the property and 200 feet beyond, which illustrates:
A. Existing property lines and dimensions.
B. Ownership of all parcels.
C. Platting and easements.
D. Street and railroad right-of-ways.
E. Buildings.
F. Utility lines and facilities.
G. Public park and open space.
H. Private land use, subdivisions, and private property.
v. Natural features map(s) illustrating:
A. Contour lines at no more than two foot intervals.
B. Steep slopes of 18% or more.
C. Hydraulic information including drainage patterns, delineated wetlands and land subject to periodic flooding, floodplain, watercourses.
D. Soil and subsoil conditions.
E. Vegetation including classification of tree cover by species.
vi. A preliminary plan of the entire area in such detail as to show the land uses being requested, the densities being proposed, the proposed lots and blocks and the off-street parking system or preliminary plat, if applicable.
vii. A written statement explaining in detail, and with supporting documentation, the specifics of the development plan as it relates to the type of dwelling units proposed and the resulting population, the extent and nature of non-residential development and the resulting traffic generated and parking demands created.
viii. The proposed schedule and/or phasing for the development of the site.
ix. The location, shape, size, and character of public or private/common open space which is suitable for the PUD, in accordance with the City Code Chapter 153
requirements for park and open space dedication.
x. The location and size of all utilities including telephone, electricity, gas, cable, water, sanitary sewer and storm sewer.
xi. Landscape plan including a detailed planting list.
xii. Size and location of all street right-of-ways and proposed paved widths, and vehicular and pedestrian circulation, in conformance with the City Code Chapter 153
.
xiii. A statement setting forth the reasons why, in the opinion of the applicant, the PUD will be in the public interest and consistent with the objectives specified for PUD's.
xiv. Financial capacity of the developer/owner and fiscal resources available including a FDIC insured letter of credit for 110% of the estimated cost of public improvements associated with the development.
xv. Market area of the project and demand trends within the area.
xvi. Other materials as requested by the Planning Commission or City Council.
(c) Final plan data requirements. A final application and its supporting documentation shall give the same information as is required of plats under City Code Chapter 153
in addition to such other information as required by this chapter and by the Planning Commission as a condition for approval of the preliminary plan. In addition, the application shall be accompanied by such other documentation, such as:
i. The location, size, use and arrangement, including height in stories and feet, and total square feet of ground area coverage and floor area, for proposed building, and existing buildings which will remain, if any.
ii. The location, dimensions and number of all driveways, entrances, curb cuts, parking stalls, loading spaces, access alleys, and all other circulation elements including bicycle, pedestrian walkways, and the total site coverage of all circulation elements.
iii. Approximate area, and potential floor area, devoted to commercial or office uses.
iv. Approximate area, and potential floor area, devoted to industrial uses.
v. Schedule of construction. When the PUD is to be constructed in stages during a period of time extending beyond a single construction season (time period between road restrictions), a schedule for the development of such stages or units shall be submitted stating the approximate beginning and completion date for each stage or unit and the proportion of the total PUD public or common open space and dwelling units to be provided or constructed during each such stage, and the overall chronology of development to be followed from stage to stage.
vi. Care and maintenance of open spaces or service facilities. When the proposed PUD includes provisions for public or common open space or service facilities, a statement describing the provision that is to be made for the care and maintenance of such open space or service facilities shall be submitted. If it is proposed that such open space be owned, operated and/or maintained by any entity other than a governmental authority, copies of the proposed articles of incorporation and by-laws of such entity shall be submitted during the preliminary PUD plan stage.
vii. Where applicable, a preliminary and final plat prepared by a land surveyor, duly registered in the state, in accordance with M.S. § 505.00 and City Code Chapter 153
, as may be amended from time to time, which shall contain a notarized certification by such surveyor that the plat represents a survey made by the surveyor and that the monuments shown herein exist as located, and all dimensions are correct, and a notarized certification by the owner or owners of the adoption of the plat and the dedication of streets and other public areas as required.
viii. Detailed utility and infrastructure construction plans, grading plan and drainage plan, approved by the City Engineer.
ix. A statement summarizing all changes which have been made to any document, plan data, or information previously submitted, together with revised copies of any such document, plan or data.
x. Such other and further information as the Zoning Administrator, City Engineer, Planning Commission or City Council shall find necessary to a full consideration of the entire proposed PUD or any stage thereof.
xi. Title opinion provided by the developer showing good and marketable title in the names of the owners of the property. This opinion, together with an updated abstract, should be submitted to the City Attorney for review.
xii. The Planning Commission may, by a written order, excuse any applicant from submitting any specific item of information required herein which it finds to be unnecessary to the consideration of the specific proposal for PUD approval.
7. Amendments and administration.
(a) Generally. Amendments may be made in the approved final plan when they have shown to be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.
(b) Minor changes may be authorized by the Zoning Administrator if requested, and if caused by unforeseen circumstances and if they are consistent with the intent and purpose of the final plan and do not increase the size of any building or structure any more than 10% than originally proposed in the preliminary PUD plan. Minor changes are:
i. Less than a 10% change in the approved separation of buildings or location in relation to streets or other property lines;
ii. Change in the design of 10% or less of any building elevation;
iii. Less than a 10% change in building height;
iv. Modification to parking lot configuration provided no reduction in the number of stalls;
v. Engineering details or stormwater functions that do not affect the layout of the site; or landscaping changes in plant type.
(c) All other changes, including but not limited to use, rearrangement of lots, blocks and open space must be reviewed and approved by the Planning Commission and City Council under procedures outlined in the preliminary PUD plan, following a public hearing, with amendments to the recorded copy of the final plan, following Council approval.
(d) Revocation. If the City Council finds that the development has not occurred according to the establishing development schedule or is not otherwise reasonable in the view of the City Council, the City Council may revoke the PUD Overlay District.
(D) Shoreland Overlay District (S-1).
1. Purpose.
(a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters.
(b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in M.S. § 103F, Minnesota Regulations, parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. § 462.
(c) Jurisdiction. The provisions of this Code shall apply to shorelands of the public water bodies as classified in § 154.008
(2)(b) of this Code. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this Code.
(d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this Code and other applicable regulations.
(e) District application. The Shoreland Overlay District shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 154
of City Code as existing or amended by the text and map of this Code. The regulations and requirements imposed by the Shoreland Overlay District shall be in addition to those established by the base zoning district which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply.
(f) Exemption. A structure or use which was lawful before adoption of this chapter, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to § 154.008
of this Code.
2. Protected waters and classification.
(a) District boundaries. The boundaries of the Shoreland Overlay District within the city shall consist of all lands as described within the definition of shoreland in § 154.003
of this Code.
(b) Waters classifications. The following waters have been given classifications and are regulated as such under state law.
ID | Name | DNR classification | OHWL | Watershed District |
62000500 | Casey Lake | Natural Environment | 926.3 ft | RWMWD |
62000100 | Silver Lake | Recreational Development | 989.57 ft | VBWD |
3. Administration and permits.
(a) Permits required.
i. When a building, zoning or conditional use permit is required for any activity regulated herein, no additional shoreland alteration permit shall be required. However, the standards for the activity as contained herein shall be applied to the issuance of that permit.
ii. A shoreland alteration permit shall be required for all construction and development activity regulated within this chapter including for:
2. The construction of stairways, lifts, landings, water oriented accessory structures and retaining walls located within the shore impact zone (unless a building permit is required and issued).
iii. Activity regulated under § 154.008
(D)(7) and other activities specifically exempted within this chapter shall not require a shoreland alteration permit.
(b) DNR notification procedures.
i. Notification shall be provided to the DNR Area Hydrologist at least ten days prior to a public hearing to consider variances, conditional use permits or plats within the shoreland area or amendments to the shoreland standards.
ii. Notification shall occur ten days after a final decision on all variances, conditional use permits or plats.
(c) Watershed management notification & permits. Additional requirements of the Valley Branch Watershed District (VBWD) for Silver Lake and Ramsey-Washington Metro Watershed District (RWMWD) for Casey Lake apply to some projects.
4. Development standards.
(a) Lot area and width standards shall be regulated per the following tables:
i. Recreational development lake:
Lot Type | Lot Area (sq. ft.) | Lot Width (ft.) |
Dwelling, Single-Family | 7,920 | 60 |
Dwelling, Two Family | 11,934 | 120 |
Dwelling, Townhouse | 5,967 per unit | 60 per unit |
ii. Natural environment lake:
Lot Type | Lot Area (sq. ft.) | Lot Width (ft.) |
Dwelling, Single-Family | 7,920 | 60 |
Dwelling, Two Family | 11,934 | 120 |
Dwelling, Townhouse | 5,967 per unit | 60 per unit |
(b) Use of the property shall be governed by the underlying zoning district provisions.
(c) Height of structures and other facilities on lots shall be regulated per the underlying zoning district of the property except for facilities specified herein.
(d) Setback requirements.
i. The following setback requirements from the ordinary high water level (OHWL) shall apply as indicated in the chart below. As an alternative, the setback distance determined by the average setback of structures on the two immediately adjoining lots can be used if the proposed structure is not located in a shore impact zone.
Name | One Water Oriented Accessory Structure per lot | Principal Structures & All Additional Accessory Buildings |
Casey Lake | 10 feet | 75 feet |
Silver Lake | 10 feet | 75 feet |
ii. The following types of structures are exempt from OHWL setbacks indicated above, but are required to follow the standards contained in § 154.008
(D) items 5-11:
A. Stairways, stairway landings, and pedestrian lifts.
B. Watercraft landing lift facilities and docks.
C. Decks.
D. Public park, beach, and marina facilities and other public improvements.
5. Water oriented accessory structure performance standards. One water oriented accessory structure is allowed per lot and must meet the following standards:
(a) All structures must be located so as to minimize the impact upon existing vegetation, and whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(b) The structure or facility must not exceed ten feet in height, exclusive of safety rails. Detached decks must not exceed eight feet above grade at any point.
(c) The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area.
(d) Maximum size of structure is:
i. Casey Lake 250 square feet.
ii. Silver Lake 400 square feet and 20 feet wide.
(e) The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities.
(f) The structure must obtain a shoreland alteration permit.
(g) The following standards shall apply to attached or detached decks:
i. The deck encroachment toward the OHWL does not exceed 15% of the existing setback of the principal structure from the OHWL or does not encroach closer than 30 feet, whichever is more restrictive.
ii. The deck is not enclosed, roofed or screened, and does not result in the creation of an impervious surface.
6. Stairways, lifts and landings.
(a) Stairways, stairway landings, and pedestrian lifts shall be located whenever reasonable in the most visually inconspicuous portions of lots, as viewed from the surface of the public waterbody, assuming summer, leaf-on conditions.
(b) Construction and design.
i. Stairways and pedestrian lifts must not exceed four feet in width on residential lots.
ii. Landings for stairways and pedestrian lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for commercial properties and public open-space recreational properties.
iii. Canopies or roofs are not allowed on stairways, stairway landings, or pedestrian lifts.
iv. Stairways, stairway landings, and pedestrian lifts may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion.
7. Shoreland vegetation alterations.
(a) Intensive vegetation clearing within the shore impact zones and on slopes greater than three to one is not allowed.
(b) In shore impact zones and on steep slopes (greater than three to one), limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water oriented accessory structures or facilities provided that:
i. The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced.
ii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under state or local ordinances.
(c) Use of fertilizer and pesticides in the Shoreland Overlay District must be done in such a way as to minimize runoff into the shore impact zone or public water by the use of earth, vegetation, or both.
(d) For Silver Lake, additional vegetation standards are required per the VBWD.
8. Shoreland grading & filling alterations.
(a) Grading, filling and excavations necessary for the construction of structures and driveways under validly issued permits for these facilities do not require the issuance of a separate shoreland alteration permit however considerations and conditions stated as follows in § 154.008
(D)(8)(b) and (c) must be adhered to during the issuance of building permits, grading permits, conditional use permits, variances and subdivision approvals within the shoreland area.
(b) Notwithstanding § 154.008
(D)(8) item (a) (above) the movement of more than ten cubic yards of material within shore impact zones will require a shoreland alteration permit.
(c) Alteration standards & requirements.
i. No person may fill, drain, excavate or otherwise alter the hydrology of a wetland without first obtaining a permit from the Watershed District.
ii. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible.
iii. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible.
iv. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used.
v. Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service.
vi. Fill or excavated material must not be placed in a manner that creates an unstable slope.
vii. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope.
viii. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under M.S. § 103G.245.
ix. Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties.
x. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet.
9. Roads.
(a) Public and private roads, driveways, and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. They must be designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local Soil and Water Conservation District, or other applicable technical materials.
(b) Roads, driveways, and parking areas must not be placed within shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts.
10. Stormwater management.
(a) When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters.
(b) When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
(c) When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the local watershed district or of the local soil and water conservation districts.
(d) New constructed stormwater outfall to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge.
(e) Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site.
(f) Additional stormwater management requirements may be required by the RWMWD and VBWD.
(g) Impervious surface coverage shall be limited to amounts allowed in underlying zoning district standards, except that no impervious surface shall be allowed in the shore impact zone.
11. Sanitary provisions. Publicly owned sewer systems must be used for all properties in the Shoreland Overlay District.
(E) Floodplain.
1. Purpose.
(a) Purpose. This chapter regulates development in the flood hazard areas of North St. Paul. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
(b) National Flood Insurance Program Compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
(c) This chapter is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
2. Statutory authorization and findings of fact. The legislature of the State of Minnesota has, in M.S. § 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of North St. Paul, Minnesota, does ordain as follows:
3. General provisions.
(a) How to use this chapter. This chapter adopts the floodplain maps applicable to North St. Paul and includes three floodplain districts: Floodway, Floodway Fringe, and General Floodplain.
i. Where Floodway and Flood Fringe Districts are delineated on the floodplain maps, the standards in § 154.008
(E) items (4) or (5) will apply, depending on the location of a property.
ii. Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in § 154.008
(E)(4) apply unless the floodway boundary is determined, according to the process outlined in § 154.008
(E)(6). Once the floodway boundary is determined, the Flood Fringe District standards in § 154.008 (E)(5) may apply outside the floodway.
(b) Lands to which chapter applies. This chapter applies to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
i. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(c) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this chapter. The attached material includes the Flood
Insurance Study for Ramsey County, Minnesota, and Incorporated Areas, dated June 4, 2010 and the Flood Insurance Rate Map panels enumerated below, dated June 4, 2010, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Manager and the Zoning Administrator.
i. 27123C0044G
ii. 27123C0065G
iii. 27123C0110G
iv. 27123C0130G
(d) Regulatory Flood Protection Elevation (RFPE). The regulatory flood protection elevation is an elevation no lower than one foot 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.
(e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.
i. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed ono the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
ii. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.
(f) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(g) Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(h) Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
(i) Annexations. The Flood Insurance Rate Map panels adopted by reference into § 154.008
(F)(3)(c) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation.
4. Establishment of zoning districts.
(a) Districts:
i. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c).
ii. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c), as being within Zone AE, but being located outside of the floodway.
iii. General Floodplain District. The General Floodplain District includes those areas designated as Zone A and Zone AE, without a floodway on the Flood Insurance Rate Map adopted in § 154.008
(F)(3)(c).
(b) Compliance. Within the floodplain districts established in this chapter, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this chapter and other applicable regulations. All uses not listed as permitted uses or conditional uses in § 154.008
(F)(5) (Flood Way), (6) (Flood Fringe) and (7) (General Floodplain), respectively, are prohibited. In addition, a caution is provided here that:
i. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this chapter and specifically § 154.008
(F)(10).
ii. 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 and specifically § 154.008
(F)(12).
iii. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in § 154.008
(F)(11) of this chapter.
5. Floodway District (FW).
(a) Permitted uses. The following uses, subject to the standards set forth in § 154.008
(F)(5)(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
i. Pasture land, outdoor plant nurseries, horticulture, forestry, sod farming and wild crop harvesting.
ii. Industrial-commercial loading areas, parking areas and airport landing strips.
iii. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
iv. Residential lawns, gardens, parking areas and play areas.
v. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in § 154.009
(F)(5)(d)(i), (ii), and (iii)(a) of this chapter are met.
(b) Standards for floodway permitted uses.
i. The use must have a low flood damage potential.
ii. With the exception of the uses listed in § 154.008
(F)(5)(a)(v), the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.
iii. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence or the regional (1% chance) flood.
(c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in this chapter and
further subject to standards if otherwise allowed in the underlying zoning district or any applicable overlay district.
i. Structures accessory to the uses listed in § 154.008
(F)(5)(a) above and the uses listed in (ii-vii) below.
ii. Extraction and storage of sand, gravel and other materials.
iii. Marinas, boat rentals, docks, piers, wharves and water control structures.
iv. Storage yards for equipment, machinery, or materials.
v. Placement of fill or construction of fences that obstruct flood flows. Farm fences, are permitted uses.
vii. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(d) Standards for floodway conditional uses.
i. All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected.
ii. Storage of materials and equipment.
A. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potential injurious to human, animal, or plant life is prohibited.
iii. Fill.
A. Fill, dredge spoil and other similar materials deposited or stored in the flood plain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
B. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
iv. Accessory structures.
A. Accessory structures must not be designed for human habitation.
B. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.
1. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and
2. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.
C. Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards:
1. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and designed to equalize hydrostatic flood forces on exterior walls; and
2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed.
D. As an alternative, an accessory structure may be internally/wet floodproofed to the FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards:
1. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and
2. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
E. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. § 103G.245.
F. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
G. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
6. Flood Fringe District (FF).
(a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 154.008
(E)(6)(b), which follows.
(b) Standards for flood fringe permitted uses.
i. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
A. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with § 154.008
(E)(5)(d)(iii)(D).
iii. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.
iv. 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.
v. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
vi. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council.
vii. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood.
viii. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location.
ix. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
x. Manufactured homes and recreational vehicles must meet the standards of § 154.009
(F)(10) of this chapter.
(c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 154.008
(F)(11)(d), Conditional Uses of this chapter. Conditional uses must meet the standards in § 154.008
(F)(6)(b)(iv) through (b)(x) and § 154.008
(F)(5)(d).
i. Any structure that is not elevated on fill or floodproofed in accordance with § 154.008
(E)(6)(b)(i) of this chapter.
ii. Storage of any material or equipment below the regulatory flood protection elevation.
iii. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 154.008
(E)(6)(b)(ii) of this chapter.
(d) Standards for Flood Fringe Conditional Uses.
ii. 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, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area is considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:
A. Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment, including ductwork, and other service facilities are placed at or above the regulatory flood protection elevation or are designed to prevent flood water from entering or accumulating within these components during times of flooding.
B. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood. The design plans must stipulate:
1. A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There must be a minimum of two openings on at least two sides of the structure and the bottom of all openings must be a maximum of one foot above grade. The automatic openings must have a net area of at least one square inch for every square foot of enclosed area subject to flooding, unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings 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; and
2. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and will be used solely for building access, parking of vehicles, or storage.
iii. Basements are subject to the following:
A. Residential basement construction is not allowed below the regulatory flood protection elevation.
B. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with § 154.008
(E)(6)(d)(iv) of this chapter, which follows.
iv. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted.
v. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
A. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.
B. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.
C. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
vi. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning.
7. General Floodplain District (GF).
(a) Permitted uses.
i. The uses listed in § 154.008
(E)(5)(a) of this chapter, Floodway District Permitted Uses, are permitted uses.
ii. All other uses are subject to the floodway/flood fringe evaluation criteria specified in § 154.008
(F)(5)(b) below and in § 154.008
(F)(5) applies if the proposed use is determined to be in the Floodway District in § 154.009
(F)(6) applies if the proposed use is determined to be in the Flood Fringe District.
(b) Procedures for floodway and flood fringe determinations.
i. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.
ii. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in § 154.008(E)(5)(c) below.
(c) The determination of floodway and flood fringe must include the following components, as applicable:
i. Estimate the peak discharge of the regional (1% chance) flood.
ii. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
iii. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
(d) The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.
(e) Once the Floodway and Flood Fringe District Boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of § 154.008
(F)(5) and (6).
8. Land development standards.
(a) General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of North Saint Paul.
(b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
i. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
ii. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
iii. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
iv. In the General Floodplain District, applicants must provide the information required in § 154.008
(F)(7)(b) to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
v. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood damage within the flood prone area,
B. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and
C. Adequate drainage is provided to reduce exposure of flood hazard.
vi. Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
A. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy,
B. Constructed with materials and utility equipment resistant to flood damage,
C. Constructed by methods and practices that minimize flood damage, and
D. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
9. Public utilities, railroads, roads, and bridges.
(a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
(b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with § 154.008
(E)(5) and (6). These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(c) On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 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 must 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 is considered to be in compliance with this section.
10. Manufactured homes, manufactured home parks, and recreational vehicles.
(a) Manufactured homes. New manufactured home parks, expansions to existing manufactured home parks, and new or replacement manufactured home units on lots of record are prohibited in the Floodway District. If allowed in the Flood Fringe District, these uses are subject to the requirements of § 154.008
(E)(6) and the following standards.
(b) Placement of manufactured homes. New and replacement manufactured homes in the Flood Fringe District must comply with the following standards:
i. New and replacement manufactured homes must be elevated in compliance with § 154.008
(E)(6) and 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 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.
ii. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 154.008
(E)(8)(b)(ii).
(c) Recreational vehicles. Placement of recreational vehicles in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this chapter.
i. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed as follows:
A. Individual lots or parcels of record.
B. Existing commercial recreational vehicle parks or campgrounds.
C. Existing condominium- type associations.
ii. Criteria for exempt recreational vehicles.
A. The vehicle must have a current license required for highway use.
B. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
C. No permanent structural type additions may be attached to the vehicle.
D. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.
E. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in § 154.008
(E)(8)(b).
F. An accessory structure must constitute a minimal investment.
iii. Recreational vehicles that are exempt in § 154.008
(E)(8)(c)(ii) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of this chapter. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
iv. New commercial recreational vehicle parks or campgrounds, subdivisions or condominium associations, and the expansion of any similar existing use exceeding five units or dwelling sites may be allowed subject to the following:
A. On any new or replacement recreational vehicle site in the Flood Fringe District, the recreational vehicle and its contents must be placed on fill at or above the regulatory flood protection elevation and adequate road access to the site must be provided in accordance with § 154.008
(E)(8)(b)(ii) of this chapter.
B. Any new or replacement recreational vehicle site located in the Floodway District or as an alternative to (a) above in the Flood Fringe District, may be allowed as a conditional use in accordance with the following provisions and the provisions of § 154.008
(E)(11)(d) of this chapter.
1. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people acceptable to the City Council, as specified in § 154.008
(E)(8)(b)(ii). The plan must demonstrate that adequate time and personnel exist to carry out an evacuation, and that the exemption provisions of this chapter will be met; and
2. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with § 154.008
(E)(9)(c) of this chapter.
3. Any fill placed in the floodway to meet the requirements of this section must not increase the flood stage of the regional (1% chance) flood.
11. Administration.
(a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this chapter.
(b) Permit requirements.
i. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
A. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.
B. The use or change of use of a building, structure, or land.
C. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this chapter.
D. The change or extension of a nonconforming use.
E. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
F. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
G. Relocation or alteration of a watercourse, unless a public waters work permit has been issued.
H. Any other type of "development" as defined in this chapter.
ii. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
A. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
B. Location of fill or storage of materials in relation to the stream channel.
C. Copies of any required municipal, county, state or federal permits or approvals.
D. Other relevant information requested by the Zoning Administrator as necessary to property evaluate the permit application.
iii. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
iv. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect.
v. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
vi. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Federal Emergency Management Agency (FEMA).
vii. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(c) Variances.
i. Variance applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with applicable § 154.004
(D).
ii. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
iii. Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
A. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
B. Variances may only be issued upon:
1. A showing of good and sufficient cause.
2. A determination that failure to grant the variance would result in exceptional practical difficulty to the applicant.
3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
C. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
iv. Flood insurance notice. The Zoning Administrator must 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 up to amounts as high as $25 for $100 of insurance coverage; and
B. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
v. General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
A. The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
B. The danger that materials may be swept onto other lands or downstream to the injury of others;
C. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
D. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
E. The importance of the services to be provided by the proposed use to the community;
F. The requirements of the facility for a waterfront location;
G. The availability of viable alternative locations for the proposed use that are not subject to flooding;
H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
I. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area;
J. The safety of access to the property in times of flood for ordinary and emergency vehicles;
K. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
vi. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
vii. Submittal of final decisions to the Department of Natural Resources (DNR). A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
viii. Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(d) Conditional uses.
i. Administrative review. An application for a conditional use permit under the provisions of this section will be processed and reviewed in accordance with § 154.004
(E)(1).
ii. Factors used in decision- making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this chapter, and those factors identified in § 154.008
(E)(8)(e) of this chapter.
iii. Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
A. Modification of waste treatment and water supply facilities.
B. Limitations on period 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. Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
iv. Submittal of hearing notices to the Department of Natural Resources (DNR). The (designated body/community official) must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
v. Submittal of final decisions to the Department of Natural Resources (DNR). A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
12. Nonconformities; continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 154.003
are subject to the provisions of items (a)-(e) as follows:
(a) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(b) 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 must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (c) - (g) as follows.
(c) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of § 154.008
(E)(8) of this chapter for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The assessor must notify the Zoning Administrator of instances of nonconformities that have been discontinued for a period of more than one year.
(e) If any nonconformity is substantially damaged, as defined in § 154.003
, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in § 154.008
(E)(5) or (6) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as defined in § 154.003
, it must not be reconstructed except in conformity with the provisions of this chapter.
(g) Any substantial improvement to a nonconforming structure requires that the existing structure and any additions must meet the requirements of § 154.008
(E)(5) or (6) of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
13. Penalties and enforcement.
(a) Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(b) Other lawful action. Nothing in this chapter restricts the City of North Saint Paul from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(c) Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of section(s) (list relevant sections) of the zoning ordinance/code of the City of North Saint Paul. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of North Saint Paul 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.
14. Amendments.
(a) Floodplain designation; restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(b) Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
(c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 154.008
(E)(3)(c).
(Ord. 739, passed 8-18-2015; Am. Ord. 745, passed 12-15-2015; Am. Ord. 799, passed 7-20-2021; Am. Ord. 807, passed 10-4-2022)