Subdivision 1. Purpose.

   (a)   This ordinance regulates development in the flood hazard areas of the City of Robbinsdale. 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.

   Subd. 2. General Provisions.

   (a)   How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to the City of Robbinsdale and includes three floodplain districts; Floodway, Flood Fringe, and General Flood Plain.

      (1)   Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Subds. 4 or 5 will apply, depending on the location of the property.

      (2)   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 Subd. 4 apply unless the floodway boundary is determined, according to the process outlined in Subd. 6. Once the floodway boundary is determined, the Flood Fringe District standards in Subd. 5 may apply outside the floodway.

   (b)   Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of Robbinsdale shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.

      (1)   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 ordinance. 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 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 Community Development Department.

Effective Flood Insurance Rate Map panels:

27053C0211F

27053C0212F

27053C0213F

27053C0214F

   (d)   Regulatory Flood Protection Elevation. The regulatory flood protection elevation (RFPE) 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.

      (1)   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 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.

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

   (f)   Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. 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.

   (g)   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 Robbinsdale or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

   (h)   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.

   (i)   Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application.

      (1)   Accessory Use or Structure - a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

      (2)   Base Flood Elevation -The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

      (3)   Basement - 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.

      (4)   Conditional Use - a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

         (i)   Certain conditions as detailed in the zoning ordinance exist.

         (ii)   The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

      (5)   Critical Facilities - facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

      (6)   Development - any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

      (7)   Equal Degree of Encroachment- a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

      (8)   Farm Fence-A fence as defined by Minn. Statutes, Section 344.02, Subd. l(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 regulated as structures under this ordinance.

      (9)   Flood - a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

      (10)   Flood Frequency - the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

      (11)   Flood Fringe - the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota.

      (12)   Flood Prone Area - any land susceptible to being inundated by water from any source (see "Flood").

      (13)   Floodplain - the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

      (14)   Floodproofing - a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

      (15)   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.

      (16)   Lowest Floor - the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

      (17)   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."

      (18)   New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

      (19)   Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, 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.

      (20)   One Hundred Year Floodplain - lands inundated by the "Regional Flood" (see definition).

      (21)   Principal Use or Structure - all uses or structures that are not accessory uses or structures.

      (22)   Reach - a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

      (23)   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."

      (24)   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 1 % chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

      (25)   Regulatory Flood Protection Elevation (RFPE) - an elevation not less 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.

      (26)   Repetitive Loss - Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

      (27)   Special Flood Hazard Area - a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain."

      (28)   Start of Construction - includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

      (29)   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, recreational vehicles not meeting the exemption criteria specified in Subd. 9(b)(2) of this ordinance and other similar items.

      (30)   Substantial Damage - means 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.

      (31)   Substantial Improvement - within any consecutive 3 65-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.

   (j)   Annexations. The Flood Insurance Rate Map panels adopted by reference into Subd. 2(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Robbinsdale at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Robbinsdale after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.

   (k)   Detachments. The Flood Insurance Rate Map panels adopted by reference into Subd. 2(c) above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of Robbinsdale after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment.

   Subd. 3. Establishmentn of Zoning Districts.

   (a)   Districts.

      (1)   Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Subd. 2(c), as well as portions of other lakes, wetlands, and basins within Zones AE (that do not have a floodway delineated) that are located at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

      (2)   Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Subd. 2(c), but are located outside of the floodway. For other lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1 % annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

      (3)   General Floodplain District. The General Floodplain District includes those areas within Zones A and AE that do not have a delineated floodway on the Flood Insurance Rate Map adopted in Subd. 2(c).

   (b)   Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Subds. 4, 5 and 6 are prohibited. In addition, critical facilities, as defined in Subd. 2(i)(5), are prohibited in all floodplain districts.

   Subd. 4. Floodway District (FW)

   (a)   Permitted Uses. The following uses, subject to the standards set forth in Subd. 4(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

      (1)   General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

      (2)   Industrial-commercial loading areas, parking areas, and airport landing strips.

      (3)   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.

      (4)   Residential lawns, gardens, parking areas, and play areas.

      (5)   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.

   (b)   Standards for Floodway Permitted Uses.

      (1)   The use must have a low flood damage potential.

      (2)   The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment.

      (3)   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 of 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 Subd. 10(d) of this ordinance and further subject to the standards set forth in Subd. 4(d), if otherwise allowed in the underlying zoning district or any applicable overlay district.

      (1)   Structures accessory to the uses listed in Subds. 4(a)(l) - 4(a)(3) above and the uses listed in Subds. 4(c)(2) and 4(c)(3) below.

      (2)   Extraction and storage of sand, gravel, and other materials.

      (3)   Marinas, boat rentals, docks, piers, wharves, and water control structures.

      (4)   Storage yards for equipment, machinery, or materials.

      (5)   Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in Subd. 2(i)(8), are permitted uses.

      (6)   Travel-ready recreational vehicles meeting the exception standards in Subd. 9(6).

      (7)   Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

   (d)   Standards for Floodway Conditional Uses.

      (1)   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.

      (2)   Fill; Storage of Materials and Equipment:

         (i)   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.

         (ii)   Fill, dredge spoil, and other similar materials deposited or stored in the floodplain 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.

         (iii)   Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1 % percent 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.

      (3)   Accessory Structures.   Accessory structures, as identified in Subd. 4(c)(l), may be permitted, provided that:

         (i)   structures are not intended for human habitation;

         (ii)   structures will have a low flood damage potential;

         (iii)   structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;

         (iv)   Service utilities, such as electrical and heating equipment, within these structures must be elevated to or above the regulatory flood protection elevation or properly floodproofed;

         (v)   Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP 1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

         (vi)   As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

            (A)   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

            (B)   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.

      (4)   Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245.

      (5)   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.

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

   Subd. 5. 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 Subd. 5(6). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.

   (b)   Standards for Flood Fringe Permitted Uses.

      (1)   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.

      (2)   Accessory Structures. As an alternative to the fill requirements of Subd. 5(b)(l), structures accessory to the uses identified in Subd. 5(a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:

         (i)   the accessory structure constitutes a minimal investment, does not exceed 576 square feet in size, and is only used for parking and storage.

         (ii)   All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii) must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation.

         (iii)   Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria:

            (A)   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

            (B)   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.

      (3)   The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Subd. 5(b )(1) of this ordinance, or if allowed as a conditional use under Subd. 5(c)(3) below.

      (4)   The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation.

      (5)   All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.

      (6)   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.

      (7)   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

      (8)   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.

      (9)   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.

      (10)   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.

      (11)   Manufactured homes and recreational vehicles must meet the standards of Subd. 9 of this ordinance.

   (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 Subd. 10(d) of this ordinance.

      (1)   Any structure that is not elevated on fill or floodproofed in accordance with Subds. 5(b)(l) and 5(b)(2) of this ordinance.

      (2)   Storage of any material or equipment below the regulatory flood protection elevation.

      (3)   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 Subd. 5(b)(l) of this ordinance.

      (4)   The use of methods to elevate structures above the regulatory flood protection elevation, including stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garages, shall meet the standards in Subd. 5(d)(6).

   (d)   Standards for Flood Fringe Conditional Uses.

      (1)   The standards listed in Subd. 5(b )( 4) through 5(b )(10) apply to all conditional uses.

      (2)   Basements, as defined by Subd. 2(i)(3) of this ordinance, are subject to the following:

         (i)   Residential basement construction is not allowed below the regulatory flood protection elevation.

         (ii)   Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Subd. 5(d)(3) of this ordinance.

      (3)   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 FPI or FP2 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.

      (4)   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.

         (i)   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.

         (ii)   The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

         (iii)   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

      (5)   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.

      (6)   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. The base or floor of an enclosed area shall be 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. The above-noted alternative elevation methods are subject to the following additional standards:

         (i)   Design and Certification - The structure's design and as-built condition must be certified by a registered professional engineer 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 and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

         (ii)   (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 and the design plans must stipulate:

            (A)   The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot 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 flood waters without any form of human intervention; and

            (B)   That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

   Subd. 6. General Floodplain District (GF).

   (a)   Permitted Uses.

      (1)   The uses listed in Subd. 4(a) of this ordinance, Floodway District Permitted Uses, are permitted uses.

      (2)   All other uses are subject to the floodway/flood fringe evaluation criteria specified in Subd. 6(b) below. Subd. 4 applies if the proposed use is determined to be in the Floodway District. Subd. 5 applies if the proposed use is determined to be in the Flood Fringe District.

   (b)   Procedures for Floodway and Flood Fringe Determinations.

      (1)   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.

      (2)   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 Subd. 6(b)(3) below.

      (3)   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.

      (4)   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.

      (5)   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 Subds. 4 and 5 of this ordinance.

   Subd. 7. Land Development Standards.

   (a)   In General. Recognizing that flood prone areas may exist outside of designated floodplain districts, the requirements of this section apply to all land within the City of Robbinsdale.

   (b)   Subdivision. 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 ordinance.

      (1)   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.

      (2)   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.

      (3)   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.

      (4)   In the General Floodplain District, applicants must provide the information required in Subd. 6(b) of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

      (5)   If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:

         (i)   All such proposals are consistent with the need to mm1m1ze flood damage within the flood prone area,

         (ii)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and

         (iv)   Adequate drainage is provided to reduce exposure of flood hazard.

   (c)   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:

      (1)   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;

      (2)   Constructed with materials and utility equipment resistant to flood damage;

      (3)   Constructed by methods and practices that minimize flood damage; and

      (4)   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.

   Subd. 8. 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 Subds. 4 and 5 of this ordinance. 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 are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; 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, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended.

   Subd. 9. Manufactured Homes, Manufactured Home Parks, and Recreational Vehicles.

   (a)   Manufactured Homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:

      (1)   Placement or replacement of manufactured home units is prohibited in the Floodway District.

      (2)   If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Subd. 5 of this ordinance and the following standards.

         (i)   New and replacement manufactured homes must be elevated in compliance with Subd. 5 of this ordinance 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 Subd. 7(b)(2).

   (b)   Recreational Vehicles. New recreational vehicle parks or campground sand expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance.

      (1)   Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Subd. 9(b)(2).

         (i)   Individual lots or parcels of record.

         (ii)   Existing commercial recreational vehicle parks or campgrounds.

         (iii)   Existing condominium-type associations.

      (2)   Criteria for Exempt Recreational Vehicles:

         (i)   The vehicle must have a current license required for highway use.

         (ii)   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.

         (iii)   No permanent structural type additions may be attached to the vehicle.

         (iv)   The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.

         (v)   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 Sub. 9(b)(2).

         (vi)   An accessory structure must constitute a minimal investment.

      (3)   Recreational vehicles that are exempt in Subd. 9(b)(2) 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 Subd. 5 of this ordinance. 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.

   Subd. 10. Administration.

   (a)   Zoning Administrator. A Zoning Administrator or other official designated by the City Manager must administer and enforce this ordinance.

   (b)   Permit Requirements.

      (1)   Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:

         (i)   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 ordinance.

         (ii)   The use or change of use of a building, structure, or land.

         (iii)   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 ordinance.

         (iv)   The change or extension of a nonconforming use.

         (v)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

         (vi)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

         (vii)   Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for.

         (viii)   Any other type of "development" as defined in this ordinance.

      (2)   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:

         (i)   A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.

         (ii)   Location of fill or storage of materials in relation to the stream channel.

         (iii)   Copies of any required municipal, county, state or federal permits or approvals.

         (iv)   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

      (3)   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 ordinance.

      (4)   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.

      (5)   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.

      (6)   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 Minnesota Statutes, Section 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).

      (7)   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 the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

   (c)   Variances.

      (1)   Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section(s) 535.05 of the zoning ordinance/code.

      (2)   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.

      (3)   Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

         (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.

      (4)   Flood Insurance Notice. The Zoning Administrator 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 for $100 of insurance coverage; and 2) 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.

      (5)   General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

         (i)   The potential danger to life and property due to increased flood heights or velocities caused by encroachments;

         (ii)   The danger that materials may be swept onto other lands or downstream to the injury of others;

         (iii)   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;

         (iv)   The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

         (v)   The importance of the services to be provided by the proposed use to the community;

         (vi)   The requirements of the facility for a waterfront location;

         (vii)   The availability of viable alternative locations for the proposed use that are not subject to flooding;

         (viii)   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;

         (ix)   The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area;

         (x)   The safety of access to the property in times of flood for ordinary and emergency vehicles;

         (xi)   The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

      (6)   Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Community Development Coordinator 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.

      (7)   Submittal of Final Decisions to the 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.

      (8)   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.

      (1)   Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 530.01 of the zoning ordinance/code.

      (2)   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 ordinance, and those factors identified in Subd. 10(c)(5) of this ordinance.

      (3)   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 ordinance. Such conditions may include, but are not limited to, the following:

         (i)   Modification of waste treatment and water supply facilities.

         (ii)   Limitations on period of use, occupancy, and operation.

         (iii)   Imposition of operational controls, sureties, and deed restrictions.

         (iv)   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

         (v)   Floodproofing measures, in accordance with the State Building Code and this ordinance. 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.

      (4)   Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Community Development Coordinator 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.

      (5)   Submittal of Final Decisions to the 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.

   Subd. 11. Nonconformities.

   (a)   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 Subd. 2(i)(3l)(ii) of this ordinance, are subject to the provisions of Subds. 11(a)(l)-11(a)(6) of this ordinance.

      (1)   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in Subd. ll(a)(2) below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

      (2)   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential 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 FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subds. 11 (a)(3) and 11 (a)(7) below.

      (3)   If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Subds. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 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.

      (4)   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 ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.

      (5)   If any nonconformity is substantially damaged, as defined in Subd. 2(i)(30) of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Subds. 4 or 5 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

      (6)   If any nonconforming use or structure experiences a repetitive loss, as defined in Subd. 2(i)(26) of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.

      (7)   Any substantial improvement, as defined in Subd. 2(i)(31) of this ordinance, to a nonconfonning structure requires that the existing structure and any additions must meet the requirements of Subds. 4 or 5 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

   Subd. 12. Penalties and Enforcement.

   (a)   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 or conditional uses) constitute a misdemeanor and will be punishable as defined by law.

   (b)   Other Lawful Action. Nothing in this ordinance restricts the City of Robbinsdale 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 ordinance and will be prosecuted accordingly.

   (c)   Enforcement. Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 530.01 of the zoning ordinance/code. 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 Robbinsdale 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.

   Subd. 13 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 ordinance 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 Subd. 2(c) of this ordinance.

   Subd. 2. Lands subject to this district. The lands subject to the B4p overlay district are shown on the official zoning map of the city of Robbinsdale shown in Appendix A1. (Amended, Ord. No. 22-04)

   Subd. 3. Definitions. For the purposes of this district, definitions are as set forth in section 1135. (Amended, Ord. No. 05-03)

   Subd. 4. Uses permitted. Any use permitted within the existing zoned district.

   (a)   Minor dealers as defined by section 530.02, subdivision 3(f). (Added, Ord. No. 98-17)

   Subd. 5. Permitted accessory uses. All accessory uses allowed within the existing zoned district.

   Subd. 6. Conditional uses.

   (a)   All conditional use allowed within the existing zoned district.

   (b)   Any licensed pawnbroker, any licensed secondhand goods dealer, any licensed auction house dealer, a licensed consignment house dealer greater than 2,250 square feet unless exempted by subdivision 8 of this section or a licensed trader business greater than 2,250 square feet provided that: (Amended, Ord. No. 98-17; Ord. No. 02-10; Ord. No. 05-03)

      (1)   the establishment, maintenance, or operation of the facility will not be detrimental to or endanger the public health, safety, morals, comfort, general welfare;

      (2)   the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish property values within the neighborhood;

      (3)   adequate utilities, access roads, drainage, and necessary facilities have been or are being provided;

      (4)   an off-street loading and unloading rear entrance is provided;

      (5)   requirements of Minnesota Statutes regarding pawn and secondhand goods, consignment, auction, and trading establishments are met;

      (6)   licensing requirements of section 1135 of the Robbinsdale city code are met;

      (7)   no alcohol is allowed on the premises;

      (8)   that the standards set forth in subdivision 7 are met; (Amended, Ord. No. 98-17)

      (9)   that there is no other pawnbroker, secondhand goods dealer, auction house dealer, consignment house dealer greater than 2,250 square feet or a trader greater than 2,250 square feet within 1,000 feet; (Amended, Ord. No. 98-17; Ord. No. 05-03)

      (10)   that the structure of the business complies with the architectural design guidelines. (Added, Ord. No. 98-17)

   Subd. 7. Standards for pawnbroker, secondhand goods dealers, auction house dealers, and consignment house dealers greater than 2,250 square feet or traders business greater than 2,250 square feet. The following minimum requirements shall be observed in the B4p overlay district subject to additional requirements, exceptions and modifications set forth in this ordinance. (Amended, Ord. No. 98- 17)

   (a)   lot area: 20,000 square feet minimum

   (b)   lot width: 80 feet minimum

   (c)   lot coverage: the maximum percent of the area of a lot allowed to be covered by the main building and all accessory buildings is as follows:

      (1)   one story - 40% maximum

      (2)   two story - 35% maximum

      (3)   three story - 30% maximum

      (4)   four story - 25% maximum

      (5)   five story - 20% maximum

      (6)   six story - 15% maximum

The above lot coverage will be subject to other considerations including parking and open space requirements, use of facilities and proximity to other districts which may decrease the maximum lot coverage.

   (d)   Setbacks: the setbacks will be the same as those allowed in the existing zoned district.

   (e)   Building requirements:

      (1)   Height: the allowed height of all buildings shall be the same as that allowed within the existing zoned district.

      (2)   Exterior materials: the type of building materials used on exterior walls shall be face brick, natural stone, stucco, glass finished grade concrete or other materials approved by the city.

   (f)   Parking requirements:

      (1)   Parking ratio: at least one off-street parking space shall be provided for each 150 square feet of gross floor area.

   (g)   Landscaping requirements:

      (1)   All open areas of any site, except for areas used for parking and driveways, shall be landscaped and be incorporated in a landscape plan.

      (2)   The landscape plan shall be submitted for approval by the city and indicate the locations, size and species, and method and quantity of all proposed plants including designation of, and other site improvements.

   (h)   Performance standards:

      (1)   Refuse. All trash or garbage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage.

      (2)   Off-street loading. The required loading dock must be located in the side or rear yard.

   Subd. 8. (Added, Ord. No. 02-10; Amended, Ord. 05-03) Exemptions: This section does not apply to or include the exemptions set forth in Section 1135.03 and the following:

   (a)   a consignment house dealer licensed under Section 1135.05 that sells furniture and home decorating items only and does not sell any of the following items (Amended, Ord. No. 05-03):

      1)   consumer electronics including CD’s, DVD’s records, tapes, etc.

      2)   jewelry

      3)   musical instruments

      4)   tools

      5)   sporting goods

      6)   clothing

   Adult establishments as defined and regulated in section 1140 of the city code are permitted uses in the B-3 and B-4 districts only. (Added, Ord. No. 95-09, Sec. 4)

   Subd. 2. Property control.

   (a)   In order that the purposes of a planned unit development may be achieved, the property shall be in single ownership or under the management or supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this code.

   (b)   Prior to the sale of individual units, space or lots within a planned unit development a homeowners association membership or a business property owners association membership, or both, must be included as a deed restriction on the property. This restriction shall specify that common open space and multiple owned structures shall be maintained by the association which shall have the power to assess each individual property owner member their proportionate share of the costs. This agreement shall be subject to the review and approval of the city attorney. The intent of this section is to protect the property values of the individual owner.

   (c)   Subdivision of land, required improvements. The subdivision or platting of land, or both, or right conditionally permitted as a planned unit development shall be subject to the requirements for approval and recording with the appropriate official of Hennepin County as have been required by the city council.

   Subd. 3. Procedures for establishing a planned unit development and subsequent review.

   (a)   An application for a conditional use permit shall be filed and processed based upon procedures established by subsection 535.01 of this code.

   (b)   Preliminary development plan. The conditional use permit application must be accompanied by a preliminary development plan, drawn to a scale of not more than 50 feet per inch, showing the following:

      (1)   General area-wide development plan (general outline of the site and surrounding area):

         (i)   uses;

         (ii)   zoning;

         (iii)   streets;

         (iv)   grade or topography;

         (v)   densities.

      (2)   Specific site plan:

         (i)   the entire outline, overall dimensions and area of the tract described in the application;

         (ii)   the use, zoning, and ownership of all adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right-of-way width and traveled width of all adjacent public roadways;

         (iii)   the existing and proposed topography of the tract with contour intervals not greater than five feet.

         (iv)   the location, general exterior dimensions and approximate gross floor areas of all proposed buildings;

         (v)   the type of each use proposed to occupy each building and the approximate amount of building floor area devoted to each separate use;

         (vi)   the proposed location, arrangement, and number of automobile parking stalls;

         (vii)   the proposed location, arrangement and general dimensions of all truck loading facilities;

         (viii)   the location and dimensions of all vehicular entrances, exists and driveways and their relationship to all existing or proposed public streets;

         (ix)   the location and dimensions of pedestrian entrances, exists and walks;

         (x)   the general drainage system;

         (xi)   the location and dimensions of all walls, fences, and plantings designed to screen the proposed district from adjacent uses;

         (xii)   the types of all ground covers;

         (xiii)   standards for exterior finish, exterior lighting, location and type of exterior signs, architectural style, and any other variables which will be controlled in the design of buildings in the development area.

   (c)   Development schedule. The applicant shall submit a proposed schedule of construction. If the construction of the proposed planned unit development is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and the completion date of the complete development plan.

   (d)   Review and evaluation criteria. The evaluation of the proposed plan and development shall include but not be limited to the following criteria:

      (1)   adequate property control is provided to protect the individual owners' rights and property values and the public responsibility for maintenance and upkeep;

      (2)   the interior circulation plan plus access from and onto public right-of-ways does not create congestion or dangers and is adequate for the safety of the project residents and the general public;

      (3)   a sufficient amount of usable open space is provided;

      (4)   the arrangement of buildings, structures and accessory uses does not unreasonably disturb the privacy or property values of the surrounding residential uses;

      (5)   the architectural design of the project is compatible with the surrounding area;

      (6)   the drainage and utility system plans are submitted to the city engineer and the final drainage and utility plans must have his approval;

      (7)   the development schedule insures a logical development of the site which will protect the public interest and conserve land;

      (8)   minimum lot frontage shall be not less than 20 feet;

      (9)   dwelling unit and accessory use requirements are in compliance with the district provisions in which the development is planned;

   (e)   Council action.

      (1)   If the council finds that the preliminary development plan meets all of the requirements of a conditional use permit, the council shall approve the same as the final development plan and the applicant shall then be entitled to make application for necessary building permits.

      (2)   If the council finds that the preliminary development plan contains conditions that must be amended in order to meet the requirements of the conditional use permit, they shall return said application together with a statement of the necessary changes and upon receipt of an amended, altered and changed plan meeting the requirements of the city council, the council shall approve said plan as the final development plan and thereupon the applicant shall be eligible to obtain the necessary building permits.

      (3)   The final development plan, together with such covenants, deed restrictions, reservations, controls or variances as are a part thereof, shall become a part of the official file of the city.

   Subd. 4. General development provisions.

   (a)   Compliance with the final development plan and changes.

      (1)   The development of the planned unit development shall be in compliance with the final development plan.

      (2)   Differences between the actual development and proposed development shown in the final development plan not permitted under the foregoing provisions of this subsection will be permitted only if the final development plan is changed with the approval of the city council. Proposed changes shall be reviewed by the planning commission and recommendations forwarded to the council.

   (b)   Building permits. Applications for building permits shall be reviewed and approved by the building inspection department after considering the recommendation of the planning commission. Such applications shall be examined to determine if they are in compliance with this code and the final development plan. The following, as appropriate, shall be submitted with any building permit application:

      (1)   preliminary plans, elevations, sections and specifications of materials and structural systems for the proposed building or buildings, approved by a registered architect or engineer;

      (2)   a site plan for traffic engineering analysis, showing location and design of the buildings, driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas and sidewalks;

      (3)   a site grading plan and planting plan, including screen walls and fences, for analysis of adequacy of surface drainage, erosion control, visual screening and landscaping, including sodding;

      (4)   a site plan showing utilities and utility easements;

      (5)   plans for all signs to be erected including details of sign locations, design, size, color, and lighting;

      (6)   a description of the proposed operations in sufficient detail to enable the building inspector to determine if the proposed land use is within the uses permitted in the established district.

   (c)   The building inspection department shall process the permit in compliance with the codes of the city. The application submitted to the building inspection department shall include complete and final plans, elevations, sections, and specifications of materials and structural systems for the proposed building or buildings, prepared by a registered architect.

   (d)   Off-street parking.

      (1)   The minimum number of off-street parking spaces required for a planned unit development shall be the same as required for similar uses in subsection 510.17 of this code.

      (2)   All parking areas and driveways shall be concrete or blacktop and shall meet city specifications applicable thereto. They shall be so graded and drained as to dispose of all surface water. Drainage shall not be across sidewalks or driveways.

   (e)   Off-street loading and unloading. No business shall be permitted to receive or dispatch materials by trucks and similar vehicles except at an authorized loading berth which shall be located so that said trucks or other vehicles are entirely removed from public street or frontage sidewalk. Location and number of said loading berths shall be indicated on the plans and shall be approved by the building inspection department at the time of issuance of a building permit. Said loading berth shall be in compliance with subsection 510.19 of this code.

   (f)   Landscaping.

      (1)   All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage and except for areas used for parking, driveways, or storage, shall be landscaped with trees, shrubs, and planted ground cover. Location size and species of trees and shrubs shall be indicated on the site plan and subject to approval by the building inspection department.

      (2)   It shall be the owners' responsibility to see that this landscaping is maintained in an attractive and well kept condition. In case any trees or shrubs shall die, the owners shall replace them with a like species. Any dead or damaged sod shall be replaced.

      (3)   All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk.

   (g)   Storage. Storage as required for similar uses, but also subject to additional provisions as provided by the city.

   (h)   Performance standards. Performance standards required of similar uses in this code, but also subject to additional provisions as provided by the city.

   (i)   Certificate of zoning compliance. A certificate of zoning compliance stating that all of the provisions of this subsection, together with all provisions and requirements of the final development plan have been fully complied with shall be obtained from the building inspection department before any building in the planned unit development is used or occupied. Application for a certificate of zoning compliance shall be made to the building inspector at such time as the conditions of this subsection and the final development plan are completed. The building inspection department shall, within ten days thereafter, inspect such building or buildings and the adjacent lands connected therewith, and if they find them to be in conformity with the provisions of this code and the final development plan, a certificate of zoning compliance will be issued.

   (j)   Periodic review. If construction within the planned unit development or any staging thereof is not begun within one year from the approval of the final plan establishing it, the building inspection department shall report such fact to the city council together with such other information as is available to them concerning any actual or planned changes in the surrounding area with respect to construction of buildings, roads, highways, or other public improvements. The council will then instruct the planning commission to make any necessary reports, or the council will require the applicant to resubmit his application for development plan. If a report is required from the planning commission, the report shall be considered by the council at the next regular meeting or at such other meeting as the council may direct, in order to determine whether the final development plan is consistent with public health, safety or general welfare. The final development plan shall be reviewed and reconsidered at one year intervals until such construction is substantially completed in accordance with the plan.

   Subd. 5. Residential planned unit development.

   (a)   Purpose. It is the intent of this subdivision to establish provisions for the granting of a conditional use permit for a residential planned unit development which is in compliance with the permitted or conditional uses, or both, allowed in a R-1, R-2 or R-3 district including dwellings, offices and institutional uses of one or more buildings in relation to an overall design, and integrated physical plan and in accordance with the provisions and procedures as prescribed in this code. (Amended, Ord. No. 93-02)

   (b)   Minimum project size. The tract of land for which a residential planned unit development is proposed and permit requested shall contain not less than 1.5 acres of land. (Amended, Ord. No. 93-02)

   (c)   Required frontage. The tract of land for which a project is proposed and permit requested shall not have less than 200 feet of frontage on the public right-of-way.

   (d)   Yards.

      (1)   The front and side yard restrictions at the periphery of the planned unit development site at a minimum shall be the same as imposed in the respective districts.

      (2)   No building shall be nearer than its building height to the rear or side property line when such line abuts an R-1 or R-2 district.

      (3)   No building shall be located less than 15 feet from the back of the curb line along those roadways which are part of the internal street pattern.

      (4)   No building within the project shall be nearer to another building than one-half the sum of the building heights of the two buildings.

   (e)   Height.

      (1)   In R-1 and R-2 districts, height limitations shall be the same as imposed in the respective districts.

      (2)   In all zones higher than R-2 there shall be no vertical limitations on any structure except as found in the set-back or density control provisions in the district in which the land is located and in this section.

   (f)   Roadways.

      (1)   Private roadways within the project shall have an improved surface to 20 feet or more in width and shall be so designed as to permit the city fire trucks to provide protection to each building.

      (2)   No portion of the required 20 feet road system may be used in calculating required off-street parking space.

   (g)   Usable open space. Usable open space shall be provided in compliance with the district requirement.

   (h)   Density bonus. As a consequence of a planned unit development's planned and integrated character, the number of dwelling units allowed within the respective zoning district may be increased by five percent. The building, parking, and similar requirements for these extra units shall be observed in compliance with this code.

   Subd. 6. Commercial planned unit development.

   (a)   Purpose. The intent of this subdivision is to establish provisions for the granting of a conditional use permit to erect a commercial planned unit development which is in compliance with the permitted or conditional uses, or both, allowed in B-2, B-3, B-4 BW and DD-1 districts in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as prescribed in this code. (Amended, Ord. No. 93-02; Ord. No. 98-08)

   (b)   Minimum project size. The tract of land for which a commercial planned unit development is proposed and permit requested shall contain not less than two acres of land. (Amended, Ord. No. 93-02)

   (c)   Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 200 feet of frontage on a public right-of-way.

   (d)   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 necessary to provide fire protection.

   (e)   Yard. No building shall be nearer than 70 feet to the side or rear property line when such line abuts an R-1, R-2, or R-3 district.

   (f)   Landscaping, screening, and surfacing.

      (1)   The entire site other than that taken up by structures or landscaping shall be surfaced with a material to control dust and drainage.

      (2)   A drainage system subject to the approval of the city engineer shall be installed.

      (3)   Developments abutting an R-1, R-2, or R-3 district shall be screened and landscaped in compliance with subsection 510.25, subdivision 2 of this code.

   Subd. 7. (Added, Ord. No. 93-02) Residential/business planned unit development.

   (a)   Purpose. The intent of this subdivision is to establish provisions for the granting of a conditional use permit to erect a residential/business planned unit development which is in compliance with the permitted or conditional uses, or both, allowed in an RB district in one or more buildings in relation to an overall design, an integrated physical plan and in accordance with the provisions and procedures as described in this code.

   (b)   Minimum project size. The tract of land for which a residential/business planned unit development is proposed and permit requested shall contain not less than ten acres of land.

   (c)   Frontage. The tract of land for which a project is proposed and a permit requested shall not have less than 1,000 feet on a collector street.

   (d)   Public services. The proposed project shall be served by the public water and sewer system and fire hydrants shall be installed at such locations as necessary to provide fire protection.

   (e)   Buffer yard. The buffer yard regulations set forth in subsection 510.25, subdivision 11, shall be strictly adhered to.

   Subd. 3. Lands subject to this district. The lands subject to the downtown architectural guidelines overlay district are those set forth in appendix I and shown on the official zoning map of the city of Robbinsdale.

   Subd. 4. Uses permitted. Any use permitted within the existing primary zoning district.

   Subd. 5. Permitted accessory uses. All accessory uses permitted within the existing primary zoning district.

   Subd. 6. Conditional uses. All conditional uses permitted within the existing primary zoning district.

   Subd. 7. Architectural design review. All new development, exterior remodeling, renovation or rehabilitation of existing buildings on lands subject to this subsection shall be required to comply with the downtown Robbinsdale architectural design guidelines. The design review committee (comprising the development director, the community development director, and the building official) will interpret the guidelines as necessary; the development director will make the final recommendation to the city council who will make the final decision on the approved design as set forth in the guidelines.

   Subd. 8. Exceptions to downtown architectural guidelines overlay district design review requirements. The city council may approve exceptions to downtown architectural guidelines overlay district design review requirements upon finding that the strict adherence to the requirements is impractical because of site location or conditions.

   Subd. 9. Architectural guidelines. Architectural guidelines are established by resolution and from time to time amended by resolution. The city council shall refer any amendment to the planning commission for review and recommendation.

Subd. 1. Purpose.

An overlay district to enhance and expand the pedestrian character of the downtown, to preserve the main street character of the West Broadway area in the downtown and along the corridor extending south to 36th Ave. N. and to promote the development of new buildings in a manner that promotes the expansion of downtown into a more compact pedestrian- and transit-oriented mixed-use area while accommodating high density mixed uses and to provide a transition to adjacent neighborhoods.

Properties that were developed prior to the adoption of this code are considered legal nonconforming. Building expansions may be permitted with a conditional use permit in conformance with Section 535.01 at the discretion of the City Council.

 

The type of building materials used on exterior walls shall be modular brick, natural stone; and/or Portland cement stucco or similar. Accent materials may be tile, stone, metal and/or wood. The City Council may waive these exterior material requirements for townhouse, cooperative and condominium development provided:

(1)   The exterior materials are maintenance free and contain ornamental patterns;

(2)   The develop ment contains other architect ural features (i.e. orname ntal columns , unique roof lines, special exterior spaces such as porches and decks).

Building height is permitted based upon width of right-of-way. See maps for TOD Overlay District: Station Area and TOD Overlay District: West Broadway Corridor for maximum building heights.

   (1)   Minimum required vehicular parking may be fulfilled in the following locations:

      (i)   Parking spaces provided on-site, or between multiple connected sites with a recorded shared use parking agreement.

      (ii)   Parking spaces provided along a parking lane on-street corresponding to the site frontages shall be a conditional use as regulated by subsection 535.01.

      (iii)   Parking spaced leased from a private or public parking facility shall be memorialized in an agreement which shall be recorded with Hennepin County and filed with the City Clerk.

      (i)   Driveways are limited to 25 feet in width unless travel lanes are striped, or medians provided. No curb cut shall exceed 22 feet in a residentially zoned district or 35 feet in a commercially zoned district. All curb cuts or driveway openings require a permit from the City Engineer.

      (ii)   Sites with alley access must use the alley for ingress and egress.

      (iii)   Pedestrian access to off-street parking must be provided from frontages with walkways a minimum of six feet in width.

      (iv)   All driveways, parking areas, and loading docks must be surfaced with blacktop, concrete, brick pavers, or other impervious material approved by the city. All parking areas must have B6-12 poured concrete curbing installed on their perimeters and safety islands and be in conformance with all other design requirements specified in subsection 520.01, subdivision 8(d).

      (i)   Upper floors must be designed and detailed in a manner consistent with adjacent buildings.

      (ii)   Entrances must minimize conflict with pedestrian movement.

 

 

   Parking stall and aisle dimension standards must conform with Section 510.17, Subd. 2(d) of the Robbinsdale City Code. Any situation not described above shall conform with the requirements of Section 510.17.

(b)   Lots exceeding 480 feet in length facing the street must provide a pedestrian passage for connection through the block.

(c)   Pedestrian passage width is 12 ft. minimum and 24 ft. maximum.

(d)   Pedestrian circulation. Walkways between the sidewalk and the principal entrance of the building must be at least six feet in width.

(e)   Outdoor dining areas. Outdoor seating is permitted within any setback area and temporary seating may be permitted within rights-of-way by the City Engineer, provided the sidewalk remains clear to a width of five feet.

(f)   Drive-through facilities. Drive-through facilities and lanes must be located behind the principal building and may not connect with West Broadway.

(g)   Exterior storage is not permitted except with a conditional use permit. Exterior display is permitted provided it occupies less than 10% of the floor area of the building to which it is accessory to.

(h)   Refuse. All waste materials, refuse, or garbage must be kept in closed containers and screened as required by subsection 520.01, subdivision 10(d)(4) and by section 605 of the city code.

   (1)   Queuing lanes must not interfere with pedestrian circulation.

(a)   Landscaping requirements. All open areas of any site, except for that portion used for parking, driveways, and storage, must be landscaped and incorporated in a landscape plan, conforming with the requirements of Section 510.25 in addition to the following:

   (1)   Screening. Parking areas must be screened from public streets, sidewalks and paths by a landscaped frontage strip at least five feet wide.

      (i)   Within the frontage strip, screening must consist of a masonry wall, evergreen hedge or similar material. The height of the screen must be a minimum of 36 inches and a maximum of 48 inches in height.

   (2)   The remainder of the landscaped area must be planted with trees, ground cover, low shrubs or flowering plants.

   (3)   A performance bond is required in accordance with section 510.25, subdivision 2(a)(2).

   The northerly district boundary begins at the corner of Lake Drive and Lakeview Avenue N and follows Lake Drive westerly to County Road 81, turns northwest on County Road 81 to 42 ½ Avenue N, continues on 42 ½ Avenue N to the west extending to a point where the alignment intersects the easterly edge of the BNSF right-of-way.

   The westerly district boundary starts at the NW corner intersection of the 42 ½ Avenue line extended to the railroad tracks, following the railroad right-of-way to 41st Avenue N, turning northeast to Hubbard Avenue, then south on Hubbard Avenue to 40 ½ Avenue N, then northeast on 40 ½ Avenue N to the alley between the properties on West Broadway and properties on Hubbard extended to the point where the alley intersects with Hubbard Avenue, then following Hubbard Avenue to 36th Avenue N.

   The southerly boundary is 36th Avenue N between France Avenue and County Road 81.

   The easterly boundary is County Road 81 from 36th Avenue North to 40th Avenue N, turning northwest to follow 40th Avenue North to Lake Road, turning northeast on Lake Road to 41st Avenue North extended, turning southeasterly on 41st Avenue N to Lakeview Avenue North, then continuing northwest on Lakeview Avenue N to Lake Drive.

   Properties excluded from the Transit Overlay District are as follows:

   4223 County Road 81 (Lilac Parkway Apartment)

   3815 W Broadway (Good Samaritan care facility)

   3704 W Broadway (Birdtown Flats Apartment)

   4020 Lakeland and 4000 40th Ave N (Copperfield Hill)

(Added, Ord. No. 24-03)

(a)   An airport hazard endangers the lives and property of users of the airport and property or occupants of land in its vicinity, and also may reduce the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein.

(b)   The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airport.

(c)   For the protection of the public health, safety, order, convenience, prosperity, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.

(d)   The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of police power without compensation.

(e)   The elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible, consistent with reasonable standards of safety.

(f)   In addition, the social and economic costs of disrupting land uses around the airport often outweigh the benefits of a reduction in airport hazards, requiring a balance between the social and economic costs to surrounding communities and the benefits of regulation.

(g)   Preventing the creation or establishment of airport hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein.

         Crystal Airport Zoning Ordinance Board of Adjustment

         c/o Executive Director

         Metropolitan Airports Commission

         6040 28th Avenue South

         Minneapolis, MN 55450