Loading...
HomeMy WebLinkAboutOrdinance - 25-2004 - Amending City Code Section 11.45 Relating to Flood Plain Regulations - 08/17/2004 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 25-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.45 RELATING TO FLOOD PLAIN REGULATIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Section 1. City Code Section 11.45 is amended to read as follows: SECTION 11.45 FLOOD PLAIN REGULATIONS Subd.1. Statutory Authorization,Purpose, and Disclaimer. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City does ordain as follows: A. Statement of Purpose. The purpose of this Section is to maintain the City's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property,health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. Warning of Disclaimer of Liability. This Section does not imply that areas outside of the flood plain district or land uses permitted within such district will be free from flooding and flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decisions lawfully made thereunder. C. National Flood Insurance Program Compliance. This Section 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 cty's eligibility in the National Flood Insurance Program. Subd. 2. General Provisions A. Adoption of Flood Insurance Study and Flood Insurance Rate Map. The Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2,Hennepin County,Minnesota,All Jurisdictions and the Flood Insurance Rate Map panels numbered 27053CO319 E, 27053CO338 E, 1 27053C0339 E, 27053C0343 E,27053C0344 E,27053C0410 E, 27053C0420 E, 27053C0430 E, 27053C0432 E,27053C0434 E, 27053C0435 E,27053C0440 E, 27053C0442 E, and 27053C0445 E for the City, dated September 2, 2004, as developed by the Federal Emergency Management Agency, are hereby adopted by reference as the Official Flood Plain Zoning District Map and made a part of this Section. B. Lands to Which Ordinance Applies. This Section shall apply to all lands designated as flood plain within the jurisdiction of the City. Flood plain areas within the City shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH as shown on the Flood Insurance Rate Map adopted in Subd. 2. A. of this Section. C. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. When interpretation is needed as to the exact location of the boundaries of the flood plain district,the City Engineer shall make the necessary interpretation based on the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance and the regional (100- year) flood profile, if available. If 100-year flood elevations are not available, the City shall: 1)Require a flood plain evaluation consistent with Subd. 5.0 of this Section to determine a 100-year flood elevation for the site; or 2)base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain. Subd. 3. Definitions. A. Unless specifically defined below,words or phrases used in this Section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Section its most reasonable application. 1. Accessory Use or Structure- a use or structure on the same lot or parcel of land with, and of a nature customarily incidental and subordinate to,the principal use or structure. 2. Basement-means any area of a structure, including crawl spaces,having its floor or base subgrade (below ground level) on all four sides,regardless of the depth of excavation below ground level. 3. Flood Fringe-that portion of the flood plain outside of the floodway. 4. Flood Plain-the channel or beds proper and the areas adjoining a wetland, lake or watercourse that has been or hereafter may be covered by the regional flood. Flood plain areas within the City of Eden Prairie shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the Flood Insurance Rate Map adopted in Subd. 2.A. of this Section. 5. Flood Plain District—those areas constituting the flood plain. 2 6. Floodway-the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge. 7. Lowest Floor—the lowest floor of the lowest enclosed area(including basement). 8. Manufactured Home—a structure,transportable in one or more sections,which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term"manufactured home" does not include the term"recreational vehicle." 9. Obstruction- any darn,wall,wharf, embankment, levee, dike,pile, abutment, projection, excavation, dredged spoil, channel modification, culvert,building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel,watercourse, lake bed, or flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater. 10. Recreational Vehicle—a vehicle that is built on a single chassis,is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel, or seasonal use. For the purposes of this Section,the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. 11. Regional Flood- a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used on the Flood Insurance Rate Map. 12. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be 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 flood plain that result from designation of a floodway. 13. Structure- anything constructed or erected on the ground or attached to the ground or on-site utilities, including,but not limited to,buildings, factories, sheds, detached garages, cabins,manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Subd. 13.A of this Section and other similar items. 3 14. Substantial Damage—means damage of any origin sustained by a structure where the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 15. Substantial Improvement—within any consecutive 365-day period, any reconstruction, rehabilitation(including normal maintenance and repair),repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the"start of construction" of the improvement. This term includes structures that have incurred"substantial damage,"regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an"historic structure,"provided that the alteration will not preclude the structure's continued designation as an"historic structure." For the purpose of this Section, "historic structure"shall be as defined in Code of Federal Regulations,Part 59.1. Subd. 4. General Compliance A. The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the City. The uses permitted in Subd. 5. of this Section shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this Section shall apply in addition to other legally established regulations of the City and where this Section imposes greater restrictions,the provisions of this Section shall apply. B. Compliance: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted,repaired, maintained, or structurally altered without full compliance with the terms of this Section and other applicable regulations which apply to uses within the jurisdiction of this Section. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 5 shall be prohibited. C. New manufactured homes,replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Section. D. Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Section and specifically Subd. 10; and 4 E. As-built elevations for elevated structures must be certified by elevation surveys as stated in Subd. 8 of this Section. Subd. 5. Permitted Uses,Standards, and Flood Plain Evaluation Criteria A. Permitted Uses in the Flood Plain. The following uses of land are permitted uses in the flood plain district: 1. Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. 2. Any use of land involving the,construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or storage of materials or equipment,provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Subd. 43 of this Section and the flood plain evaluation criteria in Subd. 4.0 of this Section for determining floodway and flood fringe boundaries. B. Standards for Flood Plain Permitted Uses. 1. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency(FEMA)has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100- year flood elevation-FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 2. Storage of Materials and Equipment: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation. 3. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 4. All structures,including accessory structures, additions to existing structures and manufactured homes, shall be constructed on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished 5 fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15'beyond the limits of the structure constructed thereon. 5. All Uses. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the flood plain shall not be permitted unless granted a variance by the Community Planning Board. In granting a variance,the Community Planning Board shall specify limitations on the period of use or occupancy of the use and only after determining that adequate flood warning time and local emergency response and recovery procedures exist. 6. Commercial and Manufacturing Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth(in feet)times velocity(in feet per second)the product number exceeds four(4)upon occurrence of the regional flood. 7. On-site Sewage Treatment and Water Supply Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2)New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section. 8. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include,but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. C. Flood Plain Evaluation 1. Upon receipt of an application for a permit for a use or other approval within the Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe. 6 (a) A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (b) Plan(surface view) showing elevations or contours of the ground,pertinent structure, fill, or storage elevations,the size,location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. (c) Photographs showing existing land uses, vegetation upstream and downstream, and soil types. (d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. 2. The applicant shall be responsible to submit one copy of the above information to the City Engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983,Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources'Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: (a) Estimate the peak discharge of the regional flood. (b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. (c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. 3. The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council,prior to official action,may submit the application and all supporting data and analyses to the Federal Emergency Management Agency,the Department of Natural Resources or the Community Planning Board for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined,the City Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this Section. 7 Subd. 6. Utilities,railroads, roads and bridges in the flood plain district All utilities and transportation facilities, including railroad tracks,roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200. Subd. 7 Subdivisions A. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the Council for reason of flooding, inadequate drainage, and water supply or sewage treatment facilities. The Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities. B. In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. S.C.1 of this Ordinance. The Council shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subds. 5.B, S.C, and 6 of this Ordinance. C. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. D. Removal of Flood Plan Designation: The Federal Emergency Management Agency (FEMA)has established criteria for removing flood plan designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of flood plan designation will be requested. Subd. 8. Administration A. Permit Required. A Permit issued by the Chief Building Official shall be secured prior to the erection, addition, modification,rehabilitation(including normal maintenance and repair), or alteration of any building or structure or portion thereof;prior to the use or change of use of a building or structure;prior to the construction of a dam, fence, or on- site septic system, prior to the change or extension of a nonconforming use,prior to the repair of a structure that has been damaged by flood, fire,tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain. 8 B. State and Federal Permits. Prior to granting a permit or processing an application for a variance,the City Engineer shall determine that the applicant has obtained all necessary state and federal permits. C. Certification of Lowest Floor Elevations. The applicant shall be required to submit certification by a registered professional engineer,registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. The City Engineer shall maintain a record of the elevation of the lowest floor(including basement) for all new structures and alterations or additions to existing structures in the flood plain district. D. Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the City authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G,this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency(FEMA). E. Notification to FEMA when physical changes increase or decrease the 100-year Flood Elevation. As soon as is practicable,but not later than six (6)months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Subd. 9. Variances A. A variance means a modification of a specific permitted development standard required in an official control including this Section to allow an alternative development standard not stated as acceptable in the official control,but only as applied to a particular property for the purpose of alleviating a hardship,practical difficulty or unique circumstance as defined and elaborated upon the City's respective planning and zoning enabling legislation and this Section. B. The Community Planning Board may authorize upon appeal in specific cases such relief or variance from the terms of this Section as will not be contrary to the public interest and only for those circumstances such as hardship,practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities. In the granting of such variance,the Community Planning Board shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Section, any other zoning regulations of the City, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: 9 C. Variances shall not be issued by the City within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. D. Variances shall only be issued upon(i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and(iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard,to afford relief. F. Variances from the provisions of this Section may be authorized when the Community Planning Board has determined the variance will not be contrary to the public interest and the spirit and intent of this Section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection. G. The Community Planning Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. H. Appeals. Appeals from any decision of the Community Planning Board may be made as specified in Chapter 11. I. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions,including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. Subd. 10. Noneonformities A. A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Section may be continued subject to the following conditions. Historic structures, as 10 defined in Subd. 3. A. 15 (b) of this Section, shall be subject to the provisions of Subd. 10.A.1.-4. 1. No such use shall be expanded, changed, enlarged,or altered in a way which increases its nonconformity. 2. A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with Subd. 5. B. 4. of this Section. 3. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure within any consecutive 365 days shall not exceed 50 percent of the market value of the structure unless the conditions of this Subdivision are satisfied. The cost of all structural alterations and additions must be calculated in today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions within any consecutive 365 days exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Subd. 5 of this Section for new structures. 4. If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by Subd. 3. A. 14. of this Section,it shall not be reconstructed except in conformity with the provisions of this Section. The City may issue a permit for reconstruction if the use is located outside the floodway and,upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Section. 5. Substantial improvement, as defined in Subd 3.A.15., of a structure must meet the requirements of Subd 5 of this Section for new structures. Subd. 11. Penalties for violation A. A violation of the provisions of this Section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor. 1. In responding to a suspected ordinance violation,the Zoning Administrator and the Community 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 must act in good faith to enforce these official controls and to correct 11 ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible,this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this Section and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development,the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or(2)notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Section and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this Section. Subd. 12. Amendments All amendments to this section, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Section and said notice shall include a draft of the ordinance amendment or technical study under consideration. 12 Subd. 13. Travel Trailers and Travel Vehicles Recreational vehicles that do not meet the exemption criteria specified in Subd. 13.A below shall be subject to the provisions of this Ordinance and as specifically spelled out in Subd. 13.0 below. A. Exemption—Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subd. 13.13 below and further they meet the following criteria: 1. Have current licenses required for highway use. 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it. 3. The recreational vehicle and associated use must be permissible in any pre- existing, underlying zoning use district. B. Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. C. Recreational vehicles exempted in Subd. 13.A lose this exemption when development occurs on the parcel exceeding$500.00 for a structural addition to the recreational vehicle or exceeding$500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Subd. 5 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. Section 2. City Code Chapter 1 entitled AGeneral Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. 13 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of August, 2004, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17"'day of August, 2004 Kathle n Porta, City Clerk a by T - u ns, NOW PUBLISHED in the Eden Prairie News on the `ZOO'Iday of &,t �- , 2004. 14 CITY OF EDEN PRAIRIE, HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. 25-2004 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO FLOODPLAIN REGULATION; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. The following is only a summary of Ordinance No. 25-2004. The full text is available for public inspection by any person during regular office hours at the office of the City Clerk. The ordinance contains provisions for new or amended definitions, clarification of reasons for granting variances and non conformities,notification requirements to the DNR and FEMA, and adopting floodplain maps. Effective Date. This Ordinance shall take effect upon publication ATTEST: Katlileen Porta, City Clerk nc a- cen or PUBLISHED in the Eden Prairie Sun Current on &zgt-4,do?! i newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 26 day of August_,2004,and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2004;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcdefghoklmnopgrstuvwxyz BY: CFO JOTICES Subscribed and sworn to or affirmed before me on this 26th day of August ,2004. City of Eden Prairie (Official Publication) CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO.25.2004 Nota Public MINNESOTA CAMENNDING CITYO CODE CHAPTER 11 BY AMENDING SECTION 11.50 RELATING TO FLOODPLAIN REGULATION;AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC- TION 11.99 WINCH,AMONG OTHER THINGS,CON- AM MARY ANN CARLSON TAIN PENALTY PROVISIONS. NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1.31.0E The following is only a summary oFOrdinance No.25-2004. = The Full text is available for public inspection by any per- son during regular office hours at the office of the City Clerk. RATE INFORMATION The ordinance contains provisions fornew or amended de- finitions,clarification of reasons for granting variances and non conformities,notification requirements to the (1)Lowest classified rate paid by commercial users $ 2.85 per line DNR and FEMA,and adopting floodplain maps. for comparable space Effective Da e.This Ordinance shall take effect upon pub- lication (2)Maximum rate allowed by law $ 6.20 per line Nancy Tyra-Lukens,Mayor Attest: Kathleen Porta,City Clerk $ 1.40 ter line PUBLISHED in the Eden Prairie Sall Cunvnt on August (3)Rate actually charged 004. iAug.26,20041 d4Moodplain Summ