Subdivision 1.Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

Subd. 2.Purpose.

(a)

This ordinance regulates development in the flood hazard areas of Richfield. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

(b)

National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(c)

This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Subdivision 1.Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Richfield shown on the Flood Insurance Rate Maps adopted in Subsection 550.03, Subdivision 2 as being located within the boundaries of the Floodplain District. The Floodplain District is an overlay district that is superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. For areas within the Minnehaha Creek Watershed District (MCWD), the MCWD's Floodplain Alteration Rule, as may be amended from time to time, and subsection 550.15 shall apply, whichever is most restrictive.

Subd. 2. Adoption of Flood Insurance Study and Maps. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the Public Works Maintenance Facility at 1901 E 66th St, Richfield, MN 55423.

Effective Flood Insurance Rate Map panels:

27053C0364F

27053C0368F

27053C0369F

27053C0388F

27053C0452F

27053C0456F

27053C0457F

27053C0476F

Subd. 3.Interpretation. The boundaries of the Floodplain District are determined by scaling distances on the Flood Insurance Rate Map.

(a)

Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations must be the governing factor. The Water Resources Engineer must interpret the boundary location based on the ground elevations that existed on 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.

(b)

Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.

Subd. 4.Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

Subd. 5.Warning and Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Richfield or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

Subd. 6.Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.

Subd. 7.Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application.

(a)

Base Flood - The flood having a one (1) percent chance of being equaled or exceeded in any given year.

(b)

Base Flood Elevation - The elevation of the "regional flood," as defined. The term "base flood elevation" is used in the flood insurance survey.

(c)

Development - Any manmade change to improved or unimproved real estate including, but not limited to, buildings, manufactured homes, and other structures, recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of materials or equipment.

(d)

Farm Fence - A fence as defined by Minn. Statute § 344.02 Subd. 1(a)—(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are not permitted in the Floodplain District.

(e)

Flood Fringe - The portion of the floodplain located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study, Hennepin County, Minnesota and Incorporated Areas.

(f)

Flood Insurance Rate Map - An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(g)

Floodplain - The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

(h)

Floodway - The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.

(i)

Manufactured Home - A structure, transportable in one (1) 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."

(j)

Obstruction - Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence (with the exception of farm fences), stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

(k)

Recreational Vehicle - A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and 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 ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

(l)

Regional Flood - A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one (1) percent chance/100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study.

(m)

Regulatory Flood Protection Elevation - An elevation no lower than one (1) 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.

(n)

Structure - Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items.

(o)

Substantial Damage - Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(p)

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:

(i)

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.

(ii)

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.

Subdivision 1.Areas Included. The Floodplain District for the City of Richfield includes those areas designated as Zone AE on the Flood Insurance Rate Maps adopted in Subsection 550.03, Subdivision 2. The Floodplain District is an overlay district to all existing land use districts. The requirements of this ordinance apply in addition to other legally established regulations of the community. Where this ordinance imposes greater restrictions, the provisions of this ordinance apply.

Subd. 2.Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations. Within the Floodplain District, all uses not listed as permitted uses in Subsection 550.07 are prohibited.

Subdivision 1.Permitted Uses. The following uses are permitted within the Floodplain District without a permit provided that they are allowed in any underlying zoning district and not prohibited by any other ordinance; and provided that they do not require structures, fill, obstructions, excavations, drilling operations, storage of materials or equipment or any other form of development as defined in Subsection 550.03, Subdivision 7 of this ordinance. If the use does require fill, obstruction, excavation, storage of materials or any other form of development as defined in Subsection 550.03, Subdivision 7 of this ordinance, a permit and compliance with Subsection 550.07, Subdivision 2 of this ordinance is required. The permit requirement may be waived if there is an application for a public waters work permit from the Department of Natural Resources.

(a)

Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. Farm fences that do not obstruct flood flows are permitted.

(b)

Outdoor plant nurseries and horticulture.

(c)

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, shooting preserves, target ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

(d)

Lawns, gardens, parking areas, and play areas.

(e)

Railroads, roads, bridges, utility transmission lines, pipelines and other public utilities, provided that the Department of Natural Resources is notified at least ten (10) days prior to issuance of any permit.

Subd. 2.Standards for Permitted Uses.

(a)

The use must have low flood damage potential.

(b)

The use must not cause any increase in the stage of the one (1) percent chance or regional flood or cause an increase in flood damages in the reach or reaches affected. This provision applies to structures (temporary or permanent), fill (including fill for roads and levees), deposits, obstructions, storage of materials or equipment, and all other uses.

(c)

Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(d)

Public utilities, roads, railroad tracks and bridges to be located within the floodplain must be designed in accordance with Subsection 550.07, Subdivision 2, Clauses (b) and (c) above, or must obtain a Conditional Letter of Map Revision meeting the requirements of 44 CFR 603(d).

(i)

When failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, such facilities must be elevated to the regulatory flood protection elevation.

(ii)

Where failure or interruption of service would not endanger public health or safety, minor or auxiliary roads, railroads or utilities may be constructed at a lower elevation.

(e)

New or replacement water supply systems and sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

Subdivision 1.Administrator. The Water Resources Engineer or other official designated by the City Council must administer and enforce this ordinance.

Subd. 2.Development Approvals. Any construction, enlargement, alteration, repair, improvement, moving or demolition of any building or structure must comply with the requirements of this ordinance. No mining, dredging, filling, grading, paving, excavation, obstruction, drilling operation or other form of development as defined in Subsection 550.03 of this ordinance are allowed, other than the uses permitted in Subsection 550.07, Subdivision 1 and the activities allowed under Subsection 550.11.

Subd. 3.Permit Required. A permit must be obtained from the Department of Public Works prior to conducting the following activities:

(i)

Expansion, change, enlargement, or alteration of a nonconforming use as specified in Subsection 550.11 of this ordinance. 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 Subsection 550.03, Subdivision 7 of this ordinance.

(ii)

Any use that requires fill, obstruction, excavation, storage of materials, or any other form of development as defined in Subsection 550.03, Subdivision 7 of this ordinance.

(a)

Permit applications must be submitted to the Department of Public Works on forms provided for that purpose and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

(b)

Prior to granting a permit, the Water Resources Engineer must verify that the applicant has obtained all necessary state and federal permits.

Subd. 4. Variances. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes. A variance to the standards outlined in this Section may be requested under City zoning code Section 547.11.

(a)

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.

(b)

The following additional variance criteria of the Federal Emergency Management Agency must be met:

(i)

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.

(ii)

Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(iii)

Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(c)

The City Council must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(d)

A copy of all decisions granting variances must be forwarded to the Commissioner of the Department of Natural Resources within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(e)

The Water Resources Engineer must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and 2) Such construction below the base or regional flood level increases risks to life and property.

(f)

The Water Resources Engineer 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.

Subd. 5.Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Water Resources Engineer must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statute, Chapter 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

Subd. 6. Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Water Resources Engineer must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

Subdivision 1. Continuance of Nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Subsection 550.03, Subdivision 7, Clause (o)(2) of this ordinance, are subject to the provisions of Subsection 550.11, Subdivision 1, Clauses (a)—(d) of this ordinance.

(a)

A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. There shall be no expansion to the outside dimensions of any portion of a nonconforming structure located within the Floodplain District.

(b)

The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50 percent of the market value of the structure unless the conditions of this Subsection 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 percent of the market value of the structure, then the structure must meet the standards of Subsection 550.11, Subdivision 2 of this ordinance.

(c)

If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one (1) year, any future use of the premises must conform to this ordinance. The Assessor must notify the Water Resources Engineer in writing of instances of nonconformities that have been discontinued for a period of more than one (1) year.

(d)

If any nonconformity is substantially damaged, as defined in Subsection 550.03, Subdivision 7 of this ordinance, it may not be reconstructed unless it is located in the flood fringe portion of the floodplain and it is reconstructed in accordance with the standards of Subsection 550.11, Subdivision 2 of this ordinance.

(e)

Any substantial improvement, as defined in Subsection 550.03, Subdivision 7 of this ordinance, to a nonconforming structure, then the existing nonconforming structure must be located in the flood fringe portion of the floodplain and meet the requirements of Subsection 550.11, Subdivision 2 of this ordinance.

Subd. 2. Standards for Reconstruction of Nonconforming Structures. The following standards and procedures apply to nonconforming structures in the flood fringe portion of the floodplain, as allowed under Subsection 550.11, Subdivision 1.

(a)

All structures, including manufactured homes, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure.

(b)

Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

(c)

Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(d)

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 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.

(e)

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 Subsection.

(f)

Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect.

(g)

Record of First Floor Elevation. The Water Resources Engineer must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations to existing structures in the floodplain. The Water Resources Engineer must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

Subdivision 1.Violation Constitutes a Misdemeanor. Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances) constitutes a misdemeanor and is punishable as defined by law.

Subd. 2.Other Lawful Action. Nothing in this ordinance restricts the City of Richfield 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 Water Resources Engineer within the specified period of time, each additional day that lapses will constitute an additional violation of this ordinance and will be prosecuted accordingly.

Subd. 3.Enforcement. In responding to a suspected ordinance violation, the Water Resources Engineer 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 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.

Subdivision 1.Applicability. This sub-section shall apply to those areas within the MCWD. The MCWD's Floodplain Alteration Rule and all its definitions are hereby incorporated by reference. For the purposes of this sub-section only, within the MCWD, for areas outside the Floodplain District depicted by the Flood Insurance Rate Maps adopted in section 550.03 Subd. 3, the floodplain is defined as area adjoining a watercourse or water basin that is covered by the regional flood (i.e., 100 year flood). In determining the applicability of this section and the location of the floodplain, the Water Resources Engineer shall use the best available data, including, but not limited to City hydrologic and hydraulic modeling, Watershed District modeling, mapped floodplain areas, and adopted water management plans.

Subd. 2.Permit Required. Within the Minnehaha Creek Watershed District, a permit is required to fill, excavate or grade within the floodplain of a waterbody. For all work requiring a permit, a structure intended for residential, commercial, industrial or institutional occupancy must be constructed so that door and window openings are at least two feet above the 100-year high water elevation of the waterbody.

Subd. 3.Exception. A permit is not required for soil cultivation, soil amendment, or topsoil or sod addition for ordinary landscaping purposes.

Subd. 4.Criteria. Fill, excavation or grading must conform to the following standards:

(a)

Any floodplain fill must be offset so there is no loss in flood storage between the ordinary high water and 100-year high water elevations. There may not be net positive fill at any time during the work, unless applicant has demonstrated it is impractical and has obtained District approval of a sequencing plan for which applicant's registered professional engineer has demonstrated that the No-Rise Standard is met.

(b)

Offset for fill in a waterbody other than a watercourse is not required if the applicant demonstrates that fill on all riparian properties to the extent proposed by the applicant would meet the No-Rise Standard and not restrict flood flows.

(c)

Fill in a watercourse must meet the following criteria:

(i)

No impervious surface may be placed within the 10-year floodplain or within 25 feet of the watercourse centerline, whichever greater, unless the surface is:

(1)

No more than 10 percent of the site 10-year floodplain area; or

(2)

A linear component of a public roadway or trail.

(ii)

Applicant must meet the No-Rise Standard.

(d)

Ice ridge grading within a waterbasin must conform to the pre-existing basin cross-section. Soil material may be neither imported into nor removed from the floodplain.

Subd. 5. Submittals. The following submittals must accompany the permit application:

(a)

Site plan showing property lines, delineation of the work area, existing elevation contours of the work area, and ordinary high water (OHW) and 100-year high water elevations. All elevations must be reduced to NGVD (1929 datum).

(b)

Grading plan with proposed elevation changes.

(c)

Preliminary plat, if applicable.

(d)

Professional engineer registered in the State of Minnesota's determination of the 100-year high water elevation before and after the project and, if paragraph 4(c) applies, of the edge of the 10-year watercourse floodplain. A DNR No-Rise Certificate may be submitted to document conformance with the No-Rise Standard, where applicable.

(e)

Computation by a professional engineer, architect, land surveyor or landscape architect of volumes of floodplain fill and excavation and, if paragraph 4(c) applies, of impervious surface area adjacent to a watercourse.

(f)

If not otherwise subject to the MCWD erosion control rule or City Code section 428, Erosion and Sedimentation Control Regulations, an erosion control plan conforming to the requirements of subsection 428.11.

(g)

If more than 50 cubic yards of fill have been placed, on project completion applicant must submit an as-built survey prepared by a professional engineer, architect, land surveyor or landscape architect documenting locations of floodplain disturbance and the volumes of fill and created flood storage.

Subdivision 1.Floodplain Designation—Restrictions on Removal. The floodplain designation on the Official Zoning Map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the 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 if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

Subd. 2.Amendments Require DNR and FEMA Approval. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner of the DNR must approve the amendment prior to community approval.

Subd. 3.Map Amendments 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 Subsection 550.03, Subdivision 2 of this ordinance.