The planned unit development (PUD) provisions are intended to allow for the mixing of uses and flexibility from the general performance standards to allow for more innovative and efficient design for the development of neighborhoods or areas. The PUD process, by allowing flexibility from the strict provisions of this Ordinance related to setbacks, heights, lot area, width, depth, yards, and other equivalent performance standards by rezoning to a PUD District (or as a conditional use when applicable), is intended to encourage:

A.

Innovations in development to the end that the growing demands for all styles of economic expansion may be met by greater variety in type, design, and sighting of structures and by the conservation and more efficient use of land in such developments.

B.

Higher standards of site and building design through the use of trained and experienced land planners, architects and landscape architects.

C.

More convenience in location and design of development and service facilities.

D.

The preservation and enhancement of desirable site characteristics such as existing vegetation, natural topography and geologic features and the prevention of soil erosion.

E.

A creative use of land and related physical development which allows a phased and orderly transition of land from activity to another.

F.

An efficient use of land resulting in smaller networks of utilities and streets thereby lowering development costs and public investments.

G.

A development pattern in harmony with the objectives of the Comprehensive Plan. (PUD is not intended as a means to vary applicable planning and zoning principals.)

H.

A more desirable and creative environment than might be possible through the strict application on zoning and subdivision regulations of the City.

I.

That the flexibilities granted through the PUD process for the development produce a clear and identified benefit to the City that would not have been achievable following the standard zoning procedure.

A.

Comprehensive Plan Consistency. The proposed PUD shall be consistent with the City Comprehensive Plan.

B.

Compatibility. The proposed PUD shall be compatible with the adjacent land uses.

C.

Common Open Space. Common open space at least sufficient to meet the minimum requirements established in the Comprehensive Plan and such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the residents/users of the PUD shall be provided within the area of the PUD development.

D.

Operating and Maintenance Requirements for PUD Common Open Space/Facilities. Whenever common open space or service facilities are provided within the PUD, the PUD Plan shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within a PUD may be placed under the ownership of one or more of the following, as approved by the City:

1.

Dedicated to public, where a community-wide use is anticipated and the City agrees to accept the dedication.

2.

Landlord control, where only use by tenants is anticipated.

3.

Property Owners Association, provided all of the following conditions are met:

a.

Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts or common area, a declaration of covenants, conditions and restrictions or an equivalent document and a set of floor plans shall be filed with the City, said filing with the City to be made prior to the filings of said declaration or document or floor plans with the recording officers of the County.

b.

The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments shall subject said properties to the terms of said declaration.

c.

The declaration of covenants, conditions and restrictions shall provide that an owner's association or corporation shall be formed and that all owners shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing private control.

d.

The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the City or fails to pay taxes or assessments on properties as they become due and in the event the City incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the City shall have the right to assess each property its prorate share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which ease such assessment is made.

e.

Membership must be mandatory for each owner and all successors or assigns.

f.

The open space restrictions must be permanent and not for a given period of years.

g.

The Association must be responsible for liability insurance, local taxes, and the maintenance of the open space facilities to be deeded to it.

h.

Property owners must pay a prorate share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes.

i.

The Association must be able to adjust the assessment to meet changed needs.

j.

The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan.

E.

Staging of Public and Common Open Space. When a PUD provides for common or public open space, and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD.

F.

Density. The maximum allowable density in a PUD zoning district shall be determined by standards negotiated and agreed upon between the applicant and the City. In all cases, the negotiated standards shall be consistent with the development policies as contained in the Comprehensive Plan. Whenever a PUD is to be developed in stages, no such stage shall, when averaged with all previously completed stages, have a residential density that exceeds 100 percent of the proposed residential density of the entire PUD.

G.

Utilities. In any PUD, all utilities, including telephone, electricity, gas and cable shall be installed underground, unless approved specifically by the City Council.

H.

Utility Connections. The following requirements must be met with regards to utility connections.

1.

Water Connections. Where more than one (1) property is served from the same service line, individual unit shut off valves shall be provided as required by the City.

2.

Sewer Connections. Where more than one (1) unit is served by a sanitary sewer lateral which exceeds three hundred (300) feet in length, provision must be made for a manhole to allow adequate cleaning and maintenance of the lateral. All maintenance and cleaning shall be the responsibility of the property owners association or owner.

I.

Roadways. All streets shall conform to the design standards contained in the Chapter 11 of the City Code, Subdivision, unless otherwise approved by the City.

J.

Landscaping. In any PUD, landscaping shall be provided according to a plan approved by the City, which shall include a detailed planting list with sizes and species indicated as part of the final plan. In assessing the landscaping plan, the City shall consider the natural features of the particular site, the architectural characteristics of the proposed structures and the overall scheme of the PUD plan.

K.

Urban Rural Servicing Requirements. All development shall be carefully phased so as to ensure that all developable land will be accorded a present vested right to develop at such time as services and facilities are available. Lands which have the necessary available municipal facilities and services may be granted approval in accordance with existing City Code provisions and development techniques. Lands which lack the available public facilities and services may be granted approval for development, provided that all applicable provisions of this Ordinance, the City Code, and State Regulations are complied with.

L.

Setbacks.

1.

Site Perimeter Setbacks:

a.

For commercial PUDs, the perimeter setback shall be 25 feet from property zoned R-1 or R-2.

b.

For industrial PUDs, the perimeter setback shall be 50 feet from property zoned R-1 or R-2.

c.

For all other uses, the perimeter setback shall be the same as the setback on adjacent property.

2.

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 system.

3.

No building within the project shall be nearer to another building than 12 feet.

M.

Minimum Lot Size. The minimum lot size for a Planned Unit Development is one (1) acre.

All permitted, permitted accessory, or conditional uses contained in Division 4 of this Ordinance shall be treated as potentially permitted uses within a PUD District.

A.

Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Ch. 103F and Ch. 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of St. Francis, Minnesota, does ordain as follows.

B.

Purpose.

1.

This ordinance regulates development in the flood hazard areas of St. Francis, Minnesota. 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.

2.

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.

3.

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.

C.

Methods Used to Analyze Flood Hazards. This Part is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.

D.

Statement of Purpose. It is the purpose of this Part to promote the public health, safety, and general welfare and to minimize those losses described herein.

A.

How to Use This Ordinance. This ordinance adopts the floodplain maps applicable to St. Francis and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain.

1.

Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 10-52-04 or 10-52-05 will apply, depending on the location of a 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 Section 10-52-04 apply unless the floodway boundary is determined, according to the process outlined in Section 10-52-06. Once the floodway boundary is determined, the Flood Fringe District standards in Section 10-52-05 may apply outside the floodway.

B.

Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of St. Francis 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 Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the Office of the City Clerk.

1.

27003C0020E;

2.

27003C0040E;

3.

27003C0045E;

4.

27003C0065E;

5.

27003C0070E;

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 Board of Adjustment 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 St. Francis 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.

Annexations. The Flood Insurance Rate Map panels adopted by reference into Item C, above, may include floodplain areas that lie outside of the corporate boundaries of the City of St. Francis at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City 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.

A.

Districts:

1.

Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 10-52-02. For lakes, wetlands and other basins (that do not have a floodway designated), the Floodway District includes those areas designated as Zone A on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in Minnesota Statutes, Sec. 103G.005, Subd. 14.

2.

Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 10-52-02, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone A on the Flood Insurance Rate Map panels adopted in Section 10-52-02 that are below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Sec. 103G.005, Subd. 14.

3.

General Floodplain District. The General Floodplain District includes those areas designated as Zone A on the Flood Insurance Rate Map adopted in Section 10-52-02, but not subject to the criteria in Items 1 and 2, above.

B.

Compliance. Within the floodplain districts established in this ordinance, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 10-52-04, 10-52-05 and 10-52-06, respectively, are prohibited.

In addition, a caution is provided here that:

1.

New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 10-52-09.

2.

Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 10-52-11.

3.

All structures must be 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.

4.

As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10-52-10 of this ordinance.

5.

Critical facilities, as defined in Part 10-24-00, are prohibited in all floodplain districts.

A.

Permitted Uses. The following uses, subject to the standards set forth in Item B, below, 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, and that the standards in Item D, below, are met.

B.

Standards for Floodway Permitted Uses:

1.

The use must have a low flood damage potential.

2.

With the exception of the uses listed in Item A.5, above, the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.

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 Item D, below, and further subject to the standards set forth therein, if otherwise allowed in the underlying zoning district or any applicable overlay district.

1.

Structures accessory to the uses listed in Item A, above, and the uses listed in Items 2 through 7, 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 Part 10-24-00, are permitted uses.

6.

Travel-ready recreational vehicles meeting the exception standards in Section 10-52-09.

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:

a.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited.

b.

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.

c.

Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the one (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:

a.

Accessory structures must not be designed for human habitation.

b.

Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

i.

Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and

ii.

So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures.

c.

Accessory structures must be elevated on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. All flood proofed accessory structures must meet the following additional standards:

i.

The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and

ii.

Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed.

d.

As an alternative, an accessory structure may be internally/wet flood proofed to the FP-3 or FP-4 flood proofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards:

i.

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

ii.

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, Sec. 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.

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 Item B, below. 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.

a.

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

b.

As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally flood proofed in accordance with Subsection 10-52-04.D.3.d.

2.

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 Item 1, above, or if allowed as a conditional use under Item C, below.

3.

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

4.

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.

5.

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

6.

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.

7.

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.

8.

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.

9.

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

10.

Manufactured homes and recreational vehicles must meet the standards of Section 10-52-09 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 Section 10-52-04 of this ordinance. Conditional uses must meet the standards in Items B.4 through B.10, above, and Item D, below.

1.

Any structure that is not elevated on fill or flood proofed in accordance with Item B.1, above.

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 Item B.1, above.

D.

Standards for Flood Fringe Conditional Uses:

1.

The standards listed in Items B.4 through B.10, above, apply to all conditional uses.

2.

Basements, as defined by Part 10-24-00 of this ordinance, are subject to the following:

a.

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

b.

Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Item 4, below.

3.

All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2 flood proofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet flood proofed to the FP-3 or FP-4 classification are not permitted.

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.

a.

The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event.

b.

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

c.

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

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. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area 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:

a.

Design and Certification—The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment 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.

b.

Specific Standards for Above-grade, Enclosed Areas—Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

i.

The minimum area of openings in the walls where internal flooding is to be used as a flood proofing 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

ii.

That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

A.

Permitted Uses:

1.

The uses listed in Subsection 10-52-04.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 Section 10-52-04. Section 10-52-04 applies if the proposed use is determined to be in the Floodway District. Section 10-52-05 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 Item 3, below.

3.

The determination of floodway and flood fringe must include the following components, as applicable:

a.

Estimate the peak discharge of the regional (1% chance) flood.

b.

Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

c.

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 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 Sections 10-52-04 and 10-52-05 of this ordinance.

A.

In General. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this Section apply to all land within the City of St. Francis.

B.

Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this 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 Section 10-52-06 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:

a.

All such proposals are consistent with the need to minimize flood damage within the flood prone area,

b.

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

c.

Adequate drainage is provided to reduce exposure of flood hazard.

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.

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 flood proofed 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 Sections 10-52-04 and 10-52-05 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

2.

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding.

Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems is considered to be in compliance with this Section.

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 Section 10-52-05 of this Ordinance and the following standards.

a.

New and replacement manufactured homes must be elevated in compliance with Section 10-52-05 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.

b.

New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 10-52-07.

B.

Recreational Vehicles. New recreational vehicle parks or campgrounds and 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 Item 2, below:

a.

Individual lots or parcels of record.

b.

Existing commercial recreational vehicle parks or campgrounds.

c.

Existing condominium-type associations.

2.

Criteria for Exempt Recreational Vehicles:

a.

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

b.

The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

c.

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

d.

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

e.

Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in Item A, above.

f.

An accessory structure must constitute a minimal investment

3.

Recreational vehicles that are exempt in Item B.2, above, 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 flood proofing requirements of Section 10-52-05 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.

A.

Zoning Administrator. A Zoning Administrator or other official designated by the City Council 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:

a.

The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance.

b.

The use or change of use of a building, structure, or land.

c.

The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance.

d.

The change or extension of a non-conforming use.

e.

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

f.

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

g.

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

h.

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:

a.

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

b.

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

c.

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

d.

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

3.

Certificate of Zoning Compliance for a New, Altered, or Non-conforming 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. Flood proofing 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 flood proofed.

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, Sec. 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 (6) 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 Part 10-35-00 of this Ordinance.

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:

a.

Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

b.

Variances may only be issued 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.

c.

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:

a.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

b.

Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

5.

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

a.

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

b.

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

c.

The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

d.

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

e.

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

f.

The requirements of the facility for a waterfront location;

g.

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

h.

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

i.

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

j.

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

k.

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

6.

Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least 10 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 Part 10-33-00 of this Ordinance.

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 Item C.5, above, 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:

a.

Modification of waste treatment and water supply facilities.

b.

Limitations on period of use, occupancy, and operation.

c.

Imposition of operational controls, sureties, and deed restrictions.

d.

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

e.

Flood proofing 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 flood proofing 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 Zoning Administrator 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.

A.

Continuance of Non-conformities. 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 are subject to the following provisions:

1.

A non-conforming 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 Item 2, below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

2.

Any addition or structural alteration to a non-conforming structure or non-conforming 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 flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the State Building Code, except as further restricted in Item 3 through Item 7, below.

3.

If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any non-conforming structure, then the entire structure must meet the standards of Sections 10-52-04 or 10-52-05 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 non-conforming use, or any use of a non-conforming 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 non-conformities that have been discontinued for a period of more than one year.

5.

If any non-conformity is substantially damaged, as defined in Part 10-24-00 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 Sections 10-52-04 or 10-52-05 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

6.

If any non-conforming use or structure experiences a repetitive loss, as defined in Part 10-24-00 of this Ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance.

7.

Any substantial improvement, as defined in Part 10-24-00 of this Ordinance, to a non-conforming structure requires that the existing structure and any additions must meet the requirements of Sections 10-52-04 or 10-52-05 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

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 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. 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 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.

1.

When a violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible.

2.

The Zoning Administrator shall notify the suspected party of the requirements of this Part and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the Zoning Administrator may either:

a.

Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or

b.

Notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed 30 days.

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 Section 10-52-02 of this Ordinance.

This Part is adopted to:

A.

Establish a Scenic River Land Use District along the bluff land and shoreline of the Rum River as required by Minnesota Rules, Ch. 6105;

B.

Regulate, within the Rum River land use district, the area of a lot, and the length of bluff land and water frontage suitable for building sites;

C.

Regulate the setback of structures and sanitary waste treatment facilities from bluff lines and shorelines to protect the existing and/or natural scenic values, vegetation, soils, water quality, structures or facilities;

D.

Regulate alterations of the natural vegetation and topography;

E.

Maintain property values and prevent poorly planned development;

F.

Conserve and protect the natural scenic values and resources of the Rum River and maintain a high standard of environmental quality; and,

G.

Comply with Minnesota Rules, Ch. 6105.

The jurisdiction of this Part shall include all lands designed within the Rum River land use district within the jurisdiction of St. Francis as defined in Minnesota Rules, Pt. 6105.1480.

The use of any land within the Rum River land use district; the size and shape of lots; the use and water supply and waste disposal facilities; the filling, grading, lagooning, or dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this Part and other applicable regulations. Permits from the City are required by this Part and other applicable City Code provisions for the construction of buildings, public or private water supply and sewage treatment systems, the grading and filling of the natural topography and erection of signs within the Rum River land use district.

A.

Designation of Districts.

1.

In order to preserve and protect the Rum River and its adjacent lands which possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Rum River in St. Francis has been given the Scenic River classification and the uses and classification of this river and its adjacent lands are hereby designated by land use zoning districts, the boundaries of which are based on the Rum River Management Plan, Minnesota Rules, Pt. 6105.1400 to Pt. 6105.1500.

a.

The portion of the Scenic River Land Use District located within the following sections or portions thereof as specified in Minnesota Rules, Pt. 6105.1480 shall be classified as part of the Rural Overlay District:

i.

N-½ Section 29 T34 R24

ii.

S-½ Section 29 T34 R24 east of River only.

iii.

NW-¼ Section 28 T34 R24.

b.

The remainder of the Scenic River Land Use District located in the City of St. Francis, Anoka County, Minnesota shall be classified as an Urban Area.

2.

The boundaries of the Rum River Scenic Land Use Districts are as shown on the map designated as the St. Francis Official Zoning Map, which is made a part of this Part and is on file with the Administrator. In case of a conflict between the map and the property descriptions in Minnesota Rules, Pt. 6105.1480, the latter shall prevail. In cases where a lot to be developed is partially in the Scenic River Land Use District, it shall comply with these regulations if more than one-half (½) of the lot area is within the District.

A.

Purpose. The purpose of establishing standards and criteria for uses in the Rum River Land Use Districts shall be to protect and preserve existing natural, scenic, historical, scientific, and recreational values to maintain proper relationships between various land use types, and to prohibit new residential, commercial, or industrial uses that are inconsistent with the Statewide Standards and Criteria for Wild and Scenic River, as specified in Minnesota Rules, Ch. 6105.

B.

Uses in the Urban District. The urban area of the Scenic River Land Use District is hereby designated the Rum River Management - Urban Overlay District.

1.

Permitted Uses. All permitted uses allowed and regulated by the applicable zoning district underlying the Urban Area Overlay District, as indicated on the Official Zoning Map, are permitted in the Urban Overlay District except that public roads, utility crossings, and all private and commercial recreation uses shall be conditional uses.

C.

Conditional Uses in the Urban District. All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying the Urban Overlay District, as indicated on the Official Zoning Map, are provided for under the terms of this Part.

D.

Uses in the Rural District. The rural area of the Scenic River Land Use District is hereby designated the Rum River Management - Rural Overlay District. Uses in the Rural Overlay District, shall be those prescribed by Minnesota Rules, Pt. 6105.0100 which includes single unit dwellings, agricultural uses, public recreational uses, essential services and forestry uses.

E.

Other Uses Not Listed. All uses not covered by the above referenced regulation shall not be allowed within the applicable land use district without an amendment to the management plan to provide for such use.

A.

Minimum District Dimensional Requirements for Rural District. The following chart sets for the minimum area, setbacks and other requirements of the Rum River Rural Overlay District:

B.

Minimum District Dimensional Requirements for Urban Overlay District. The following chart sets forth the minimum dimensional requirements of the Urban Overlay District:

C.

Structure Placement.

1.

No structure shall be placed on any slope greater than 13 percent (13 vertical rise in 100 feet horizontal distance) unless such structures can be screened from river view with natural vegetation. Where practicable, sewage disposal system facilities can be installed so as to comply with the Sanitary Provisions of Section 10-53-07 and the building permit applicant can prove to the Administrator that any potential erosion or sedimentation problems related to locating such a structure either do not exist, or that adequate measures will be taken to prevent such problems through special construction methods.

2.

No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with the City or Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota.

D.

Substandard Lots.

1.

Lots of record in the office of the County Recorder on the effective date of this Part which do not meet the dimensional requirements of this Part shall be allowed as building sites; provided, such use is permitted in the land use district; the lot was in separate ownership on the effective date of this Part; and all sanitary and dimensional requirements of this Part are to be complied with as far as practicable.

2.

If in a group of contiguous lots under single ownership, any individual lot does not meet the lot area or lot width requirements of this Part, such individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one (1) or more parcels of land each meeting the lot width requirements of this Part. Such lots which meet or exceed 60% or more of the lot width standard of these regulations may be considered as a separate parcel of land for the purpose of sale and development, if on-site sewage disposal systems can be installed so as to comply with these regulations.

A.

Sewage Disposal. Any new dwelling intended for human occupancy must provide for an adequate method of sewage treatment. Public or municipal collection and treatment facilities must be used where available and feasible. Where public or municipal facilities are not available, all new on-site individual sewer treatment systems shall conform to the minimum standards and administrative procedures set forth in other applicable City Code provisions, the minimum standards of the Minnesota Pollution Control Agency (6 MCAR § 4.8040) and this Part.

B.

Permit Required. It is unlawful for any person to install, alter, repair, or extend any individual sewage disposal system without first obtaining a permit for such action from the City for the specific installation, alteration, repair or extension. Prior to issuance of any such permit, the City shall require that percolation-rate tests and, at the discretion of the Building Official, soil boring tests be done on the proposed site for an individual sewer disposition to determine whether or not the site is capable of supporting a conforming sewage treatment system.

C.

Water Supply. Any new public or new private supply of water for domestic purpose shall conform to Minnesota Department of Health standards for water quality and the administrative procedures of other applicable City Code provisions.

A.

Landscape Alterations. Lands within 150 feet of the normal high water mark and lands 30 feet landward of the bluffline shall follow the landscape alterations provisions in Minnesota Rules, Pt. 6105.0150.

B.

General Provisions within Designated Setback Areas.

1.

Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.

2.

Selective cutting of trees in excess of four (4) inches in diameter at breast height shall be permitted providing cutting is spaced in several cutting operations and a continuous tree cover is maintained.

3.

The cutting provisions of Item A, above, shall not be deemed to prevent:

a.

The removal of diseased or insect-infested trees, or of rotten or damaged trees that present safety hazards.

b.

Pruning under story vegetation, shrubs, plants, brushes, grasses, or from harvesting crops or cutting suppressed trees or trees less than four (4) inches in diameter at breast height.

C.

Clear Cutting. Clear cutting anywhere in the designated land use district on the Rum River is subject to the following standards and criteria:

1.

Clear cutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the Administrator to be fragile and subject to erosion and/or sedimentation.

2.

Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.

3.

The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.

4.

Where feasible, all clear cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.

D.

Grading, Filling, Alterations of the Beds of Public Waters. Any grading and filling work done within the Rum River Land Use District shall require a permit and shall comply with the following:

1.

Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district.

2.

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading or filling permit from the City. A grading and filling permit may be issued only if the conditions of this Section are properly satisfied.

3.

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earthmoving, erosion, tree clearing, and the destruction of natural amenities.

4.

Grading and filling of the natural topography shall also meet the following standards:

a.

The smallest amount of bare ground is exposed for as short a time as feasible.

b.

Temporary ground cover such as mulch is used and permanent ground cover is planted.

c.

Methods to prevent erosion and to trap sediment are employed.

d.

Fill is stabilized to accepted engineering standards.

E.

Excavation. Excavation of material from, or filling in a scenic river, or construction of any permanent structures or navigational obstructions therein is prohibited, unless authorized by a permit from the commissioner pursuant to Minnesota Statutes, Sec. 103G.245.

F.

Wetlands. Drainage or filling in of wetlands types 3, 4, 5, which are 2.5 acres in size or larger shall not be allowed within the Rum River Land Use District.

G.

Utility Transmission Lines. All utility transmission crossings of land within the Rum River Land Use District shall require a permit as specified in Minnesota Rules, Pt. 6105.0170.

1.

Crossings under the control of the commission shall obtain a permit from the commissioner pursuant to Minnesota Statutes, Sec. 84.415 or Sec. 103G.245.

2.

Crossings under local jurisdiction shall obtain a Conditional Use Permit from the City meeting the criteria listed in Minnesota Rules, Pt. 6105.0180.

3.

A Conditional Use Permit is not required for high voltage (200 kilovolts or greater) transmission lines under the control of the Environmental Quality Board, pursuant to Minnesota Statutes, Sec. 216E.10.

H.

Public Roads. In addition to such permits as may be required by Minnesota Statutes, Sec. 103G.245, a Conditional Use Permit meeting the criteria listed in Minnesota Rules, Pt. 6105.0200 shall be required for any construction or reconstruction of public roads within the Rum River Land Use District. A Conditional Use Permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties; however, all streets shall be constructed or reconstructed to comply with City Street and Road Standards.

A.

General Provisions.

1.

Planned Unit Developments within the Rum River Land Use District shall provide a means of preserving agricultural land, open space, woods, scenic views, and other feature of the natural environment.

2.

Planned Unit Developments may be allowed in the Urban Overlay District and cluster Planned Unit Developments may be allowed in the Rural Overlay District provided:

a.

Preliminary plans are approved by the commissioner of natural resources prior to their enactment by the local authority.

b.

Central sewage facilities are installed which at least meet the applicable standards, criteria, or rules of the Minnesota Department of Health and the Minnesota Pollution Control Agency.

c.

Open space is preserved through the use of restrictive covenants, public dedication, granting of scenic easements, or other methods.

d.

No more than one centralized boat launching facility shall be provided for each cluster development.

A.

Organization Provisions. The provisions of this Part shall be administered by the Zoning Administrator in accordance with the requirements of the Zoning Chapter except where superseded by more restrictive requirements of this Chapter. The Council shall act upon all questions as they arise in the administration of this Chapter; to hear and decide appeals; and to review any order, requirements, decisions or determination as provided by Minnesota Statutes.

B.

Fees. Permit fees and inspection fees shall be established by resolution of the Council and shall be collected by the City for deposit and credited to the general fund.

C.

Plats.

1.

Copies of all plats within the boundary of the Rum River Land Use District shall be forwarded to the Commissioner within 10 days of final approval by the City.

2.

Inconsistent Plat. Approval of a plat which is inconsistent with this Part is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal. All inconsistent plats approved by the City shall be certified in accordance with Item H, below.

D.

Amendments. Amendments to this Part must be certified by the Commissioner as specified in Item F below before the amendment can become effective. Amendments of this Part may be initiated by a petition to the Planning and Zoning Commission or by action of the Council. An application for and amendment shall be filed with the Administrator. Upon receipt in proper form of the application and other requested materials, the Planning and Zoning Commission shall conduct a public hearing in the manner prescribed by Minnesota Statutes. Within 60 days following the public hearing, the Council shall make a report of its recommendation on the proposed amendment and shall file a copy with the Commissioner.

E.

Conditional Use Permit Review. A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider issuance of a Conditional Use Permit shall be received by the Commissioner at least 30 days prior to such hearings or meetings to consider issuance of a Conditional Use Permit. A copy of the decision shall be forwarded to the Commissioner within ten (10) days of such action.

F.

Certification.

1.

Certain land use decisions which directly affect the use of land within the designated land use district and involve any of the following actions must be certified by the Commissioner:

a.

Adopting or amending an ordinance including rezoning of particular tracts of land.

b.

Granting a variance from a provision of this Part which relates to the zoning dimension provisions of Minnesota Rules, Pt. 6105.0110 and any other zoning dimensions provisions established by Minnesota Rules, Ch. 6105.

c.

Approving a plat which is inconsistent with this Part.

2.

Certification Procedure.

a.

A copy of all notices of any public hearings or where a public hearing is not required, a copy of the application to consider zoning amendments, variances, or inconsistent plats under the local ordinance shall be received by the Commissioner at least 30 days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of the proposed ordinances or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance.

b.

The City shall notify the commissioner of its decision on the proposed action within 10 days of the decision.

c.

The commissioner shall, no later than 30 days after receiving notice of the final decision, communicate to the local authority either certification of approval, with or without conditions, or notice of non-approval.

d.

The action becomes effective when either:

i.

The final decision taken by the City has previously received certification of approval from the Commissioner; or,

ii.

The City receives certification of the approval after its final decision; or,

iii.

30 days have elapsed from the day the Commissioner received notice of the final decision, and the City has received from the Commissioner neither certification of approval nor notice of non-approval; or,

iv.

The Commissioner certifies approval within thirty (30) days after conducting a public hearing.

e.

In the case of non-approval, either the applicant or the City Administrator may within 30 days of said notice, file with the commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of non-approval becomes final. Where a hearing is requested it shall be:

i.

The hearing will be held in the City within 60 days of the demand and after at least two (2) weeks published notice.

ii.

The hearing will be conducted in accordance with Minnesota Statutes, Sec. 103G.311, Subd. 2, Subd. 6, and Subd. 7.

f.

The commissioner shall certify approval or disapproval of the proposed action within 30 days of the hearing. The decision shall be based upon findings of fact made on substantial evidence found in the hearing record. On concluding that the proposed action satisfies the standards and criteria of Minnesota Rules, Pt. 6105.0230, Subp. 2, then the Commissioner shall certify approval; otherwise, the Commissioner shall deny it.