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PC Packet 05.20.14 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday,May 20,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDApril 15, 2014 4.PUBLIC HEARINGS A.CONSIDERATION OF CONDITIONAL USE PERMIT TO REDUCE THE SETBACKS FROM 30’ TO 20’ ON LOTS 1 & 8, BLOCK 1, FAIRWAY RD ESTATES 3ADDITION Motion to close hearing –Motion to approve with staff recommendations –Motion to reject B.CONSIDERATION TO ADOPT THE REVISED FLOOD PLAIN ORDINANCE Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 5.UNFINISHED BUSINESS A.CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING FOR DISABLED AMERICAN VETERANS OPERATIONSAT RD 167 AND 177 3 AVE NW Motion to close hearing –Motion to approve with staff recommendations –Motion to reject 6.NEWBUSINESS 7.COMMUNICATION FROM STAFF A.Upcoming Meetings 8.ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday,April 15,2014 5:30 p.m. 1.CALL TO ORDER 5:30 P.M. Chair Christie Hantge called the meeting to order at 5:30 p.m. Members present: Jim Fahey, Bill Arndt, Dean Kirchoff, Raymond Norton and Dave Johnston.Also present was Dan Jochum, Planning Director. 2.PLEDGE OF ALLEGIANCE 3.CONSENT AGENDA A.CONSIDERATION OF MINUTES DATEDMarch18, 2014 Motion by Norton, second by Fahey, to approve the minutes as presented. Motion carried unanimously. 4.PUBLIC HEARINGS A.CONSIDERATION OFSITE PLAN REVIEWFORPRINCE OF PEACE SENIOR APARTMENTS FOR20 UNIT EXPANSION LOCATED AT 301 GLEN ST SW(306, 316, 326 FRANKLIN ST SW) Commissioner Nortonread the public hearing statement noting the guidelines to be followed during the public hearing. Dan Jochum, Planning Director, presented before the Commission. Mr. Jochum clarified that this is a site plan review and not a public hearing item. This site plan review is for a 20 unit expansion located at 301 Glen Street SW, as well as 306, 316 and 326 Franklin Street SW. The required setbacks for this use are 35 feet, however the rear setbacks on the site plan appear to be only 30 feet. The applicant will need to decide whether to modify the site plan or apply for a variance prior to construction. Parking/Access/Circulation will be met. The 20 unit expansion will be added on to the east of the existing building and the expansion will look very similar to the existing building. The addition will be two stories. There is a bioretention swale located around the perimeter of the new addition to handle stormwater runoff. Staff will work with the applicant to determine the best approach regarding retention swales/ponding onsite. 18 conditions are noted on the site plan request. Commissioner Norton asked how condition 11 and 15 differentiate with the owner/developer language. Jochum noted that the owner/developer is considered one and the same. Lofdahl commented on the storm sewer. Hantge noted that the primary entrance to the building will remainoff of Glen Street. The swale is estimated at a depth of four feet. Hantge asked if there is a future potential Agenda Hutchinson Planning Commission April 15, 2014 Page 2 addition to the north. Jochum did not have knowledge of that but was under the impression that the applicant wouldlike to retain green space. Arndt asked about rd underground tanking instead of the swale. The alley off of 3Avenue would convert into green space completely. The alley would be vacating the public right-of-way and would essentially become a private roadway. Jochumnoted that an item would be added to Condition 6, which will state that a shared parking and access agreement between Prince of Peace and Peace Lutheran Church will need to be entered into and record in order for Prince of Peace to utilizethe parking lot on the southeastern portion of the lot and access to the rear of the complex. Motion by Norton, second by Arndt, to approve site plan with the revisions recommended to Condition No. 6. Motion carried unanimously. B.CONSIDERATION OF A RIGHT OF WAY PLATOF OUTLOT A, FAIRWAY RD ESTATES 3ADDIDTION Chair Hantge opened the public hearing at 5:50 p.m. Mr. Jochum distributed a memo that he had received from City Engineer, Kent Exner,in reference to the proposed Fairway Estates Third Addition Plat. The cul- de-sac at issue is in fact a private street as it was originally developed. The new owner of the development, the applicant, is proposing to make the street public by platting thearea. The reason for the private street at the time of original development was due to the developer wanting different driveway arrangements that werenotallowed with public plats. The driveways in the cul-de-sac area have been redesigned by staff withthe proposal of the right of way plat. This design will meet city standards and staff is willing to take it on as a public street. Arndt mentioned the issue of snow being placed on property owner’s lots in the cul-de-sac area. Anywhere there is not adriveway technically allows for snow to be placed by city staff. It was suggested that perhaps the developer be obligated to inform property owners and buyers that snow removal may be placed on lots. Jochum reminded the Commission that there is no obligation of the City to take this on as a public street. Arndtquestioned whether there will be any plantings on the north and west side. Gus Wurdell, applicant, presented before the Council. Mr. Wurdell noted that no berm or windrow was part of the stormwater retention plan. Today an amendment was submitted to construct a berm along Lots 5, 6 and 7 as well as 80 10 foot evergreen trees. Motion by Lofdahl, second by Arndt, to close public hearing at 6:08 p.m. Motion carried unanimously. It was suggested that perhaps a Condition 5 be added requiring the developer to notify future homeowners of snow removal issues.The consensus of the Planning Agenda Hutchinson Planning Commission April 15, 2014 Page 3 Commission was that in the end it would be too difficult to notify homeowner to homeowneras propertieschanged ownership. Motion by Kirchoff, second by Lofdahl, to approve right of way plat with conditions 1-4. Motion carried unanimously. C.CONSIDERATION OF A LOT SPLIT AT 905 GOLF COURSE RD NW Chair Hantge opened the public hearing at 6:11 p.m. Dan Jochum presented before the Commission. Mr. Jochum explained that the applicant is Hutchinson Baptist Church. The applicant is requesting to split the south west 1.86 acres from 905 Golf Course Road NW. The total lot area is 5.77 acres. The remaininglot split will be approximately 3.91 acres in size. A six foot utility and drainage easement must be added along both sides of the new property line that is created by the lot split. There are seven conditions included with the lot split, one being thata cross access will be required to ensure access to each parcel and public and private easements are required to ensure water and sanitary sewer can be provided to the existing building site. Additional driveway accesses are not desirable to the city. It was noted that a golf hole from a previous driving range is included on one of the lots and the understanding is that an easement arrangement is in place. Motion by Arndt, second by Fahey, to close public hearing at 6:20 p.m. Motion carried unanimously. Motion by Lofdahl, second by Norton, to approve lot split with conditions 1-7. Fahey commented on the wording of condition 6 –cross access. Fahey suggested that the cross access language be a defined easement. Motion by Lofdahl, second by Norton, to amend motion to include language in condition 6 to include “defined easement”. Motion carried unanimously. D.CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A BUILDING FOR DISABLED AMERICAN VETERANS OPERATIONSAT RD 167 AND 177 3AVE NW Chair Hantge opened the public hearing at 6:22 p.m. Dan Jochum presented before the Council. Mr. Jochum noted that the Disabled American Veterans is requesting a conditional use permit to construct a building rd for their operations at 167 and 177 3Avenue NW which is located in the C-5 zoning district. Since there are no permitted uses in the C-5 district, this use requires a conditional use permit. The building will include a warehouse area, as well as a small office,and will be used to operate a business that assists disabled veterans with transportation, clothing, other goods and similar services. Eight conditions have been recommended to be placed on the conditional use permit. Agenda Hutchinson Planning Commission April 15, 2014 Page 4 The proposed structure is similar in style as to what was on the lot previously, which was a site for RiteWay Builders, which burned down a few years ago. Mr. Jochum reviewed the design guidelines in the river overlay district. The Commission discussed the types of structures that should be in the river overlay district.It was suggested that perhaps the proposed structure could be “dressed up” to meet the standards better of the river overlay district which requires “durable attractive material”. Norton asked that the applicant be notified of the Planning Commission’s concerns and see if perhaps a higher-level design could be brought forwardto meet the intentions of the river overlay district. Arndt raised concerns with the Gateway District and the lack of development. He raised concerns of requiring too much from applicants and hampering development. Motion by Norton, second by Johnston, to continue the public hearing to May 20, 2014. Motion carried unanimously. Motion by Norton, second by Arndt, to table this item. Motion carried unanimously. E.CONSIDERATION OF A LOT SPLIT AT 1105 BENJAMIN AVE SEIN ENERGY PARK Chair Hantge opened the public hearing at 6:47 p.m. Dan Jochum presented before the Commission. Mr. Jochum explained that the Hutchinson EDA is requesting a lot split to split the south four acres from Lot 1, Block 2, Energy Park North Second Addition. The total lot area is 7.5 acres and the remaining lot will be approximately 3.5 acres in size. A six foot utility and drainage easement must be added along both sides of the new property line thatis created by the lot split. Jochum asked that an additional condition be placed on the lot split noting that the developer will be required to pay for water and sanitary sewer services. Motion by Lofdahl, second by Fahey, to close public hearing at 6:50 p.m. Motion carried unanimously. Motion by Lofdahl, second by Kirchoff, to approve lot split with condition no. 6 added. Motion carried unanimously. 5.NEW BUSINESS 6.OLD BUSINESS Agenda Hutchinson Planning Commission April 15, 2014 Page 5 7.COMMUNICATION FROM STAFF A.Upcoming Meetings Dan Jochum noted that the Disabled American Veterans item will be on the next agenda, along with the Prince of Peace project and potentially the MidCountry Bank project. 8.ADJOURNMENT Motion by Kirchoff, second by Lofdahl, to adjourn at 6:53 p.m.Motion carried unanimously. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dan Hatten,Dave Hunstad,Brian Mehr,Dolf Moon,Jean Ward, Jeremy Carter, John Olson,John Paulson,John Webster, Judy Flemming, Kent Exner,Lee Miller,EDA Intern,Lenny Rutledge, Marc Sebora, Mike Bahe, Steve LandcasterDan Jochum and Andrea Schwartz(Persons in attendance at Planning Staff Meeting (in bold) Date:May 12,2014, forMay 20, 2014 Planning Commission Meeting Application:Consideration of a Conditional Use Permit Applicant:Disabled American Veterans Conditional Use Permit Disabled American Veteransarerequesting aConditional Use Permit to construct a building for rd their operations at 167 and 177 3Ave NWin the C-5 zoning district.The building will be rd confined to 177 3Ave. NW. C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 2 GENERAL INFORMATION Existing Zoning:C-5(Conditional Commercial) rd Property Location:167 and 177 3Ave. NW, Lots8 and 9, Block 23,Townsite of Hutchinson, North Half Lot Size:.20acresfor each lot Existing Land Use:Vacant Adjacent Land Use And Zoning:C-5(Conditional Commercial) Comprehensive Land Use Plan:Mixed Use Zoning History:A Conditional Use Permit was approved for the construction of a commercial business at this location in 2002. The property was zoned C-5 in 1996. There are no permitted uses in the C-5 District. All uses require a Conditional Use Permit. Applicable Regulations:Section 154.065;Section 154.170, Section 157 Building:The proposed building is 3,600sq. ft. Analysis: The applicant, Disabled American Veterans is requesting a conditional use permit to operate a business that assists Disabled Veterans with, transportation, clothing, other goods, and similar services. The building will include a warehouse area, as well as a small office.The warehouse will be used to store handicap equipment such as beds, wheelchairs, and other similar medical equipment that is needed by disabled veterans. The DAV has presented two building options. Per the C-5 Zoning District regulations the Planning Commission has to approve the building design and forward the recommendation on to City Council. Option 1 is their original building concept with color pictures this time instead of black and white. The building is a framed structure with a foundation with steel siding. It is a tan and maroon in color and would have windows on the east side and south side for sure. Staff felt this building was nicer looking than many of the other buildings in this area. Option 2 is similar to the first building in that is a framed structure with a foundation with steel siding. This option differs in that it features a brick wainscoting along the bottom. It should be noted that the brick wainscoting is only available in light colors and not the darker colors traditionally seen in brick. Staff also felt this building was nicer looking than many of the other buildings in thearea. C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 3 Overall, staff felt that option 2 did not look really any better than option 1 even though the brick wainscoting was added to option 2. It should also be further noted that this property is zoned C-5 which is the conditional commercial district.That means everything in the district needs a conditional use permit. The following is noted about building designin the C-5 District:Building design and construction. Any building or structure within the C-5 district shall be designed to promote theuse and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved. In addition, the property is located within the River Overlay Zoning District. The river overlay zoning district was created in May 2008. The purpose of this district is to realize the goals and vision established by the Highway 7 Corridor Study and Small Area Plan that was approvedin December 2007. The following is the area the River Overlay District encompasses (see dashed lines). C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 4 The River Overlay District has been in place,as noted above since May 2008 and it appears that one project has been constructed in this area since the ordinance was adopted and that project is the NuCrane Manufacturing Building,which was approved for construction with a Conditional Use Permit by the Planning Commission and City Council in April 2009. There was no mention of the River Overlay District when this project was approved. Based on the building that was constructed, which is a steel structure with a precast concrete foundation, it appearsthe River Overlay District Standards were not used for this project. C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 5 As noted by Staff at the April Planning Commission meeting, staff feels like some of the language in the River Overlay District is ambiguous. This includes the following: Quality, durable, building materials are required, such as brick, stone, stucco, rock face concrete block, and other durable attractive materials. Temporary structures, pole type construction, and metal sheds are not permitted.Staff felt that a steel building is certainly a quality and durable material. The last sentence noting “…other durable attractive materials” was particularly troubling to staff as this is a very subjective. What may be durable or attractive materials to one person may not attractive to another. Because of the ambiguity of this particular portion of the River Overlay District Ordinance and the fact that the underlying zoning district(C-5)indicates building design needs to be approved by the Planning Commission, staff felt that the applicant should have the opportunity to present their plans to the Planning Commission. In addition, another determining factor to send the application to the PlanningCommission for consideration was the NuCrane project from 2009 that is a very similar building type (steel). History of River Overlay District and Local Economy Typically the Staff report would not get into as much detail regarding the formation of the Zoning Overlay District and history of how that district was developed. However, in this case it is important to understand the context in which the Overlay District was created and what was happening with the larger economy at that time. There havebeen significant changes in the local and national economy and real estate market since the Highway 7 Corridor Study and Small Area Plan was completed and the subsequent River Overlay Zoning District was approved in May of 2008.The following timeline highlights some of the relevant issues related to this proposed DAV site and some of the larger economy/market issues as wellthat may show why a change to a more realistic vision is needed for the Highway 7 Corridor. Summer/Fall 2005 Highway 7 reconstruction begins July 2006 -U.S. Home prices hit their highest point ever. May 2007 –Highway 7 Corridor Study is started. October 2007 –Stock Market (DOW) hits highest point ever. October 2007 –Highway 7 reconstruction is completed. December 2007 –Great Recession officially begins. December 2007 –Highway 7 Corridor Study is adopted. rd February 2008–Fire Destroys Right-way Builders building at 177 3Ave NW (proposed site of DAV building) May 2008 –River Overlay Zoning District Established Fall 2008 –Major national economic issues (large corporate bankruptcies/government bailouts, Fed lowers benchmark interest rate to 0%). February 2009 –Economic Stimulus package signed into law. March 2009 –Stock Market hits low point of recession. April 2009 –NuCrane project receives City approval for construction. June 2009 –Recession is officially over. To show the impact of the recessiondid to the local economy, the following are building permit valuations for Hutchinson over the past several years: C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 6 2013-$15,000,000 2012-$7,850,000 2011–$8,860,000 2010–$26,500,000 (one project accounted for $18,000,000) 2009-$19,230,000 2008-$16,000,000 2007-$26,360,000 2006-$44,910,000 2005-$23,440,000 2004-$38,760,000 The recession officially started at the end of 2007 but it took awhile to feel the effects of that in Hutchinson. Typically, it takes longer to feel the effects of a recession in smaller regional center communities but alsotakeslonger for these areas to recover. Starting in 2010 the local building economy/real estate market really started to feel the effects of the recession. If it weren’t for the Harmony River nursing home project there would have only been $8,500.000 in valuation in 2010. The building valuations didn’t start increasing again until 2013 and still are well below pre-recession levels,which is an indication the local economy hasn’t recovered yet. The purpose of showing the detailed timeline of both local events that were related to the Highway 7 Study/River Overlay District, as well as the National economic events is to demonstrate that there was a major downturn in the economy that was basically occurring as the Highway 7 Study and River Overlay District were being adopted. Prior to this major economic collapse,and with Highway 7 just having been reconstructed, there was very good reason to believe that the Highway 7 Corridor in Hutchinson was an area that was primefor redevelopment.However, because of the large overshadowing economic issues that basically coincided with the Highway 7 Study and River Overlay District, it likely will be very difficult, if not impossible to implement any of the recommendations from these two documents within the next 10 to 20 years, at least for properties that haven’t already been assembled for redevelopment or properties that don’t have riverfront amenities.Because of this, staff recommends that the River Overlay Zoning District be re-evaluated by the Planning Commission and City Council to make sure the Ordinance is consistent with real estate market realitiesin Hutchinson today and the foreseeable future. Conclusion Staff felt it was important to understand the context in which the River Overlay District was developed, which is why the previous several paragraphs related to the economy/market dynamics were included. Because of the information noted above, staff recommends approving one of the building concepts that DAV is come forward with. Staff reviewed both concepts and felt each would be a major improvement to the area in question. The DAV has noted that the concept with the brick wainscoting is much more expensive than the original concept and feels it looks worse than the original concept. It should be also noted that the DAV plans on constructing a retaining wall out of block retaining wall material that will look very nice. C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 7 In closing, Staff Recommendsthat the one of the concepts for the DAV Building be approved by the Planning Commission and that the River Overlay District be reviewed and amended accordingly to ensure it is consistent with local market realities. Conditional Use Permit: The Conditional Use Permit (CUP) is required for abusiness in the C-5Zoning District. The following are standards for granting a conditional use permit: (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends that Planning Commission choose one of the two building options presented and approve the conditional use permit. In addition, Staff recommends the Planning Commission and City Council review the River Overlay District and amend it as necessary to ensure it is consistent with local market realities since the economic downturn of 2008 to present. Staff recommends approval of the conditional use permit with the following recommendations: 1.The standards for granting a conditional use permit would be met, subject to the conditions stated. 2.The proposed building and site improvements shall comply with the standards of the C-5district and the Zoning Ordinanceas determined by City Staff and the City Council. 3.Fire hydrants must be located no farther than 400 feet from the building. 4.Any signage for the usewill require a sign permit. 5.Any reconstruction of existing infrastructure within City of Hutchinson right of way or easement areas shall be the developer’s responsibility, including necessary improvements and associated costs. This work shall meet all of the City’s engineering standards and be approved by the City. 6.The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work impacts roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work isn’t fully completed within 10 C.U.P rd 167 & 177 3Ave NW Planning Commission –05/20/14 Page 8 calendar days, the City reserves the right to have the work completed and invoice/assess the property owner for all associated costs. 7.The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change toanother conditional use requires approval of a new conditional use permit. 8.If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dan Hatten,Dave Hunstad,Brian Mehr,Dolf Moon,Jean Ward, Jeremy Carter, John Olson,John Paulson,John Webster, Judy Flemming, Kent Exner,Lee Miller,EDA Intern,Lenny Rutledge, Marc Sebora, Mike Bahe,Dan Jochum and Andrea Schwartz(Persons in attendance at Planning Staff Meeting (in bold) Date:May 12,2014, forMay 20, 2014, Planning Commission Meeting Application:Consideration of a Conditional Use Permit Applicant:Gustav Wurdell, property owner CONDTIONAL USE PERMIT rd Mr. Wurdellis requesting aConditional Use Permit to amend the Fairway Estates 3Addition Planned Development District (PDD) to reduce the front and corner side yard setbacks from 30’ to 20’ on lots 1 and 8in Fairway Estates Third Addition. Conditional Use Permit Heritage Ave Planning Commission –5/20/2014 Page 2 GENERAL INFORMATION Existing Zoning:R-1 PD(Single Family Planned Development District) Property Location:Lots 1 and 8, Block1,Fairway Estates Third Addition Lot Size:.53and.79acres Existing Land Use:Vacant Adjacent Land Use And Zoning:R-1 PD(Single Family Planned Development District) Comprehensive Land Use Plan:Low Density Residential Neighborhood (2 to4 units per acre) Zoning History:Property was rezoned from R-1 to R-1 PD in February 1999. The rd 3addition was platted in October 2006. A conditional use permit to amend the PDD to allow zero driveway setback for select lots was approved in January 2014. Applicable Regulations:Section 154.070 Analysis: These lots were originally platted as Outlot Ain 1999 at the same time the property was rezoned from R-1 to R-1 PD. The R-1 PD allowed for dimensional standards for lots to be set on a lot by lot basis and “toencourage a more creative approach in the utilization of land which may be characterized by special features of the geography, topography, size or shape of a particular property; and to provide a compatible and stable environment in harmony with that of the surrounding area. Originally 30 foot front and corner side yard setbacks were planned for in this development. Conformance to the originalplan is required otherwise changes are processed through an amendment to the PDDwith a conditional use permit(Section 154.070, Hutchinson Zoning Ordinance). rd In 2006 Outlot A was platted into Fairway Estates 3Addition and included 8 lots.In April 2014 the City accepted a right-of-way plat to accept the private cul-de-sac in this development as a public street. The applicant is requesting to have the front and corner side yard setbackson lots1 and 8be 20 feet instead of 30 feet.According to the applicant the reason for this request is the driveways for the proposed homes will not meet the locations approved for the driveways at the April 22, 2014 City Council meeting. Reducing the front setback from 30 feet to 20 feet will allowfor ideal placement of homes on these lots and meet the driveway plan previously approved by the City Council. Conditional Use Permit Heritage Ave Planning Commission –5/20/2014 Page 3 In addition, staff feels that because of the unique lot configuration of lot 8 that reducing the front setback would be warranted and wouldn’t detract from the community character of the area. It should also be noted that a home with a side load garage is being proposed for lot 1. A 20 foot front setback would accommodate this type of home on the lot. The developer has provided a site plan of this development that shows how each of the lots and driveways will function. It would appear to staff that this layout would be acceptable. Lastly, it appears to staff that there is no need to reduce the cornerside yard setback from 30 feet to 20 feet on either lot. For lot 1 the corner side yard setback is noted at a minimum of 30 feet and for lot 8 the home would front on Heritage Avenue NW and not the cul-de-sac meaning the corner side yard setback would face the cul-de-sac and it appears it would be 41.5 feet. Because of this staff only recommends amending the PDD to change the front setback from 30 feet to 20 feet. Conditional Use Permit: The Conditional Use Permit (CUP) is needed to amend the PlannedDevelopment Districtfor lots rd 1 and 8 of Fairway Estates 3Additionto allowa front setback of 20 feet rather than 30 feet. The following are standards for granting a conditional use permit: (a)The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b)The proposed building or use will not have a substantialor undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c)The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends approval of the request with the following conditions: 1.The standards for granting aconditional use permit would be met, subject to the conditions stated. 2.The proposed building and site improvements shall comply with the standards of the R-1 PDdistrict and the Zoning Ordinance, as well as all other City regulations. 3.The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From:Mike Schumann,Dan Hatten,Dave Hunstad,Brian Mehr,Dolf Moon,Jean Ward, Jeremy Carter, John Olson,John Paulson,John Webster, Judy Flemming, Kent Exner,Lee Miller,EDA Intern,Lenny Rutledge, Marc Sebora, Mike Bahe,Dan Jochum and Andrea Schwartz(Persons in attendance at Planning Staff Meeting (in bold) Date:May 12, 2014, for May 20, 2014, Planning Commission Meeting RE:Consideration of Revision of the Flood Plain Ordinance –Section 154.085 through 154.099 FLOOD PLAINORDINANCE REVISION The entire Flood Plan Ordinance is being amended to be in compliance with new statewide statute and rules as set forth by the Minnesota DNR. The City of Hutchinson will be receiving new flood plain maps this July from FEMA. These maps are needed to carryout the National Flood Insurance Program whichdetermines what areas are floodplain and whichare not. Theproposed Flood Plain Ordinance shall be amended to be complaint with“Statewide Standards and Criteria for Management of Floodplain Areas of Minnesota”, Minnesota Rules, Parts 6120.5000 to 6120.6200. Therefore also in accordance with Minnesota State Statutes Chapter 103F. The proposed amendments are also complaint with the floodplain management standards of the Federal Emergency Management Agency. Recommendation: Staff recommends approving the Floodplain Ordinance Revisions so thatthe new Flood mapping can be put into place for Hutchinson and residents can continue to get flood insurance. Note: See actual ordinance langue on the next several pages. Ordinance– Contents Section 1.0 Statutory Authorization, Findings of Fact and Purpose ........................................................... 1 1.1 Statutory Authorization ................................................................................................. 1 1.2 Purpose .......................................................................................................................... 1 Section 2.0 General Provisions ................................................................................................................... 1 2.1 How to Use This Ordinance ............................................................................................ 1 2.2 Lands to Which Ordinance Applies ................................................................................ 1 2.3 Incorporation of Maps by Reference ............................................................................. 2 2.4 Regulatory Flood Protection Elevation .......................................................................... 2 2.5 Interpretation ................................................................................................................ 2 2.6 Abrogation and Greater Restrictions ............................................................................. 2 2.7 Warning and Disclaimer of Liability ............................................................................... 2 2.8 Severability ..................................................................................................................... 3 2.9 Definitions ...................................................................................................................... 3 2.10 Annexations/Detachments ............................................................................................ 5 Section 3.0 Establishment of Zoning Districts ............................................................................................ 6 3.1 Districts .......................................................................................................................... 6 3.2 Compliance .................................................................................................................... 6 Section 4.0 Floodway District 4.1 Permitted Uses ............................................................................................................... 7 4.2 Standards for Floodway Permitted Uses ...................................................................... 7 4.3 Conditional Uses ............................................................................................................ 7 4.4 Standards for Floodway Conditional Uses ..................................................................... 8 Section 5.0 Flood Fringe District ................................................................................................................. 9 5.1 Permitted Uses ............................................................................................................... 9 5.2 Standards for Flood Fringe Permitted Uses ................................................................... 9 5.3 Conditional Uses .......................................................................................................... 10 5.4 Standards for Flood Fringe Conditional Uses ............................................................... 11 Section 6.0 General Floodplain District .................................................................................................... 12 6.1 Permitted Uses ............................................................................................................. 12 6.2 Procedures for Floodway and Flood Fringe Determinations ....................................... 12 Section 7.0 Land Development Standards................................................................................................ 13 7.1 In General ..................................................................................................................... 13 7.2 Subdivisions ................................................................................................................. 13 7.3 Building Sites ................................................................................................................ 14 Section 8.0 Public Utilities, Railroads, Roads, and Bridges ....................................................................... 14 *Draft Hutchinson FloodplainOrdinance 8.1 Public Utilities .............................................................................................................. 14 8.2 Public Transportation Facilities .................................................................................... 14 8.3 On-site Water Supply and Sewage Treatment Systems .............................................. 15 Section 9.0 Manufactured Homes, Manufactured Home Parks and Recreational Vehicles .................... 15 9.1 Manufactured Home Parks .......................................................................................... 15 9.2 Placement of Manufactured Homes ............................................................................ 15 9.3 Recreational Vehicles ................................................................................................... 15 Section 10.0 Administration ....................................................................................................................... 17 10.1 Zoning Administrator ................................................................................................... 17 10.2 Permit Requirements ................................................................................................... 17 10.3 Variances ...................................................................................................................... 18 10.4 Conditional Uses .......................................................................................................... 20 Section 11.0 Nonconformities .................................................................................................................... 21 11.1 Continuance of Nonconformities ................................................................................. 21 Section 12.0 Penalties and Enforcement .................................................................................................... 22 12.1 Violation Constitutes a Misdemeanor ......................................................................... 22 12.2 Other Lawful Action ..................................................................................................... 22 12.3 Enforcement ................................................................................................................ 22 Section 13.0 Amendments ......................................................................................................................... 22 13.1 Floodplain Designation – Restrictions on Removal ..................................................... 22 13.2 Amendments Require DNR Approval .......................................................................... 22 13.3 Map Revisions Require Ordinance Amendments ........................................................ 22 *Draft Hutchinson FloodplainOrdinance §154.085 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Hutchinson, Minnesota does ordain as follows: 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of Hutchinson, 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. 1.22 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. 1.23 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. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Hutchinsonand includes three floodplain districts: Floodway, Floodway Fringe, and General Floodplain. 2.11 Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. 2.12 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 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of Hutchinson shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 2.21 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. 2.3 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 McLeod County, Minnesota, and Incorporated Areas, dated July 7, 2014 and the Flood Insurance Rate Map panels for May 2014 1 *Draft Hutchinson FloodplainOrdinance McLeod County enumerated below, dated July 7, 2014, all prepared by the Federal Emergency Management Agency. These materials are on file in the Planning Department at Hutchinson City Center. Panel Numbers 27085C0017E 27085C0018E 27085C0019E 27085C0038E 27085C0050E 27085C0106E 27085C0125E 27085C0126E 27085C0150E 2.4 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. 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 2.51 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. 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and City Council and to submit technical evidence. 2.6 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. 2.7 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 Hutchinson or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 2.8 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. 2.9 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. 2.911 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. May 2014 2 *Draft Hutchinson FloodplainOrdinance 2.912 Base Flood Elevation – The elevation of the “regional flood.” The term “base flood elevation” is used in the flood insurance survey. 2.913 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. 2.914 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: (a)Certain conditions as detailed in the zoning ordinance exist. (b)The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 2.915 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. 2.916 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. 2.917 Farm Fence – A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance. 2.918 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. 2.919 Flood Frequency – the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. 2.920 Flood Fringe – that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term “floodway fringe” used in the Flood Insurance Study for McLeod County, Minnesota 2.921 Flood Prone Area – any land susceptible to being inundated by water from any source (see “Flood”). 2.922 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. 2.923 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. 2.924 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. 2.925 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. May 2014 3 *Draft Hutchinson FloodplainOrdinance 2.926 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.” 2.927 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. 2.928 Principal Use or Structure – all uses or structures that are not accessory uses or structures. 2.929 One Hundred Year Floodplain – lands inundated by the “Regional Flood” (see definition). 2.930 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. 2.931 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.” 2.932 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. 2.933 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. 2.934 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. 2.935 Special Flood Hazard Area – a term used for flood insurance purposes synonymous with “One Hundred Year Floodplain.” 2.936 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 Section 9.31 of this ordinance and other similar items. 2.937 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. 2.938 Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This May 2014 4 *Draft Hutchinson FloodplainOrdinance term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a)Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b)Any alteration of 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. 2.10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the City of Hutchinson 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. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 2.3. For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone AE (that do not have a floodway designated) on the Flood Insurance Rate Map panels adopted in Section 2.3 that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. 3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 2.3, 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 AE on the Flood Insurance Rate Map panels adopted in Section 2.3 that are 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. 3.13 General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zones AE without a floodway on the Flood Insurance Rate Map panels adopted in Section 2.3, but not subject to the criteria in 3.11 and 3.12 above. 3.2 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 4.0, 5.0 and 6.0, respectively, are prohibited. In addition, a caution is provided here that: 3.21 New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 9.0. May 2014 5 *Draft Hutchinson FloodplainOrdinance 3.22 Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11.0. 3.23 As-built elevations for elevated or floodproofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10.0 of this ordinance. SECTION 4.0 FLOODWAY DISTRICT (FW) 4.1 Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 4.11 General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 4.12 Industrial-commercial loading areas, parking areas, and airport landing strips. 4.13 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. 4.14 Residential lawns, gardens, parking areas, and play areas. 4.15 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 Sections 4.41, 4.43(a) and 4.46 of this ordinance are met. 4.2 Standards for Floodway Permitted Uses: 4.21 The use must have a low flood damage potential. 4.22 With the exception of the uses listed in Section 4.15, 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. 4.23 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. 4.3 Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. 4.31 Structures accessory to the uses listed in 4.1 above and the uses listed in 4.32 - 4.37 below. 4.32 Extraction and storage of sand, gravel, and other materials. 4.33 Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.34 Storage yards for equipment, machinery, or materials. 4.35 Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.917, are permitted uses. May 2014 6 *Draft Hutchinson FloodplainOrdinance 4.36 Travel-ready recreational vehicles meeting the exception standards in Section 9.3. 4.37 Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. 4.4 Standards for Floodway Conditional Uses: 4.41 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. 4.42 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 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. 4.43 Accessory Structures: (a) Accessory structures must not be designed for human habitation. (b) Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: (1)Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and (2)So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: (1)The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and (2)Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. (d) As an alternative, an accessory structure may be internally/wet floodproofed to the FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment 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: (1)To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and May 2014 7 *Draft Hutchinson FloodplainOrdinance (2)There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4.44 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. 4.45 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. 4.46 Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. SECTION 5.0 FLOOD FRINGE DISTRICT (FF) 5.1 Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. 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. 5.2 Standards for Flood Fringe Permitted Uses: 5.21 All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. (a) As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with Section 4.43. 5.22 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 Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. 5.23 The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 5.24 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. 5.25 Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 5.26 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. 5.27 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) May 2014 8 *Draft Hutchinson FloodplainOrdinance multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 5.28 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. 5.29 Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 5.30 Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. 5.3 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 10.4 of this ordinance. Conditional uses must meet the standards in Sections 5.24 through 5.30 and Section 5.4. 5.31 Any structure that is not elevated on fill or floodproofed in accordance with Section 5.21 of this ordinance. 5.32 Storage of any material or equipment below the regulatory flood protection elevation. 5.33 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 Section 5.21 of this ordinance. 5.4 Standards for Flood Fringe Conditional Uses: 5.41 The standards listed in Sections 5.24 through 5.30 apply to all conditional uses. 5.42 Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area is considered above-grade and not a structure’s basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards: (a)Design and Certification - The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment, including ductwork, and other service facilities are placed at or above the regulatory flood protection elevation or are designed to prevent flood water from entering or accumulating within these components during times of flooding. (b)Specific Standards for Above-grade, Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood. The design plans must stipulate: (1)A minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There must be a minimum of two openings on at least two sides of the structure and the bottom of all openings must be a maximum of one foot May 2014 9 *Draft Hutchinson FloodplainOrdinance above grade. The automatic openings must have a net area of at least one square inch for every square foot of enclosed area subject to flooding, unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and (2)That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and will be used solely for building access, parking of vehicles, or storage. 5.43 Basements, as defined by Section 2.913 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 floodproofed in accordance with Section 5.44 of this ordinance. 5.44 All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted. 5.45 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. 5.46 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. SECTION 6.0 GENERAL FLOODPLAIN DISTRICT (GF) 6.1 Permitted Uses: 6.11 The uses listed in Section 4.1 of this ordinance, Floodway District Permitted Uses, are permitted uses. 6.12 All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 6.2 below. Section 4.0 applies if the proposed use is determined to be in the Floodway May 2014 10 *Draft Hutchinson FloodplainOrdinance District. Section 5.0 applies if the proposed use is determined to be in the Flood Fringe District. 6.2 Procedures for Floodway and Flood Fringe Determinations: 6.21 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. 6.22 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 6.23 below. 6.23 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. 6.23 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. 6.24 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 Section 4.0 and 5.0 of this ordinance. SECTION 7.0 LAND DEVELOPMENT STANDARDS 7.1 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 Hutchinson. 7.2 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. 7.21 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. 7.22 All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two (2) 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 May 2014 11 *Draft Hutchinson FloodplainOrdinance by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 7.23 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. 7.24 In the General Floodplain District, applicants must provide the information required in Section 6.2 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. 7.25 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. 7.3 Building Sites: If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: (a) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (b) Constructed with materials and utility equipment resistant to flood damage, (c) Constructed by methods and practices that minimize flood damage, and (d) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. SECTION 8.0 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 8.1 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. 8.2 Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 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. 8.3 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 May 2014 12 *Draft Hutchinson FloodplainOrdinance 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. SECTION 9.0 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. 9.1 Manufactured Homes: New manufactured home parks, expansions to existing manufactured home parks, and new or replacement manufactured home units on lots of record are prohibited in the Floodway District. If allowed in the Flood Fringe District, these uses are subject to the requirements of Section 5 of this ordinance and the following standards. 9.2 Placement of Manufactured Homes: New and replacement manufactured homes in the Flood Fringe District must comply with the following standards: 9.21 New and replacement manufactured homes must be elevated in compliance with Section 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. 9.22 New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. 9.3 Recreational Vehicles: Placement of recreational vehicles in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. 9.31 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 Section 9.32: (a) Individual lots or parcels of record. (b) Existing commercial recreational vehicle parks or campgrounds. (c) Existing condominium-type associations. 9.32 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 Section 9.22. May 2014 13 *Draft Hutchinson FloodplainOrdinance (f) An accessory structure must constitute a minimal investment 9.33Recreational vehicles that are exempt in Section 9.32 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 Section 5.0 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. 9.34 New commercial recreational vehicle parks or campgrounds, subdivisions or condominium associations, and the expansion of any similar existing use exceeding five (5) units or dwelling sites may be allowed subject to the following: (a) On any new or replacement recreational vehicle site in the Flood Fringe District, the recreational vehicle and its contents must be placed on fill at or above the regulatory flood protection elevation and adequate road access to the site must be provided in accordance with Section 7.22 of this ordinance. (b) Any new or replacement recreational vehicle site located in the Floodway District or as an alternative to (a) above in the Flood Fringe District, may be allowed as a conditional use in accordance with the following provisions and the provisions of Section 10.4 of the ordinance. (1)The applicant must submit an emergency plan for the safe evacuation of all vehicles and people acceptable to the City Council as specified in Section 7.22. The plan must demonstrate that adequate time and personnel exist to carry out an evacuation, and that the exemption provisions of Section 9.31 of this ordinance will be met; and (2)All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8.3 of this ordinance. (3)Any fill placed in the floodway to meet the requirements of this section must not increase the flood stage of the regional (1% chance) flood. SECTION 10.0 ADMINISTRATION 10.1 Zoning Administrator: A Zoning Administrator or other official designated by the City Council must administer and enforce this ordinance. 10.2 Permit Requirements: 10.21 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. May 2014 14 *Draft Hutchinson FloodplainOrdinance (d) The change or extension of a nonconforming use. (e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source. (f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. (g) Relocation or alteration of a watercourse, unless a public waters work permit has been applied for. (h) Any other type of “development” as defined in this ordinance. 10.22 Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: (a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. (b) Location of fill or storage of materials in relation to the stream channel. (c) Copies of any required municipal, county, state or federal permits or approvals. (d) Other relevant information requested by the Zoning Administrator as necessary to property evaluate the permit application. 10.23 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. 10.24 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. 10.25 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. 10.26 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). 10.27 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. May 2014 15 *Draft Hutchinson FloodplainOrdinance 10.3 Variances: 10.31 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 154.167 of the zoning ordinance. 10.32 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. 10.33 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. 10.34 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. 10.35 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; May 2014 16 *Draft Hutchinson FloodplainOrdinance (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. 10.36 Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 10.37 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. 10.38 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. 10.4 Conditional Uses: 10.41 Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 154.170 of the zoning ordinance. 10.42 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 Section 10.35 of this ordinance. 10.43 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) 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. 10.44 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. May 2014 17 *Draft Hutchinson FloodplainOrdinance 10.45 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. SECTION 11.0 NONCONFORMITIES 11.1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.938(b) of this ordinance, are subject to the provisions of Sections 11.11 – 11.15 of this ordinance. 11.11 A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 11.12 Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. 11.13 The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 11.14 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. 11.15If any nonconformity is substantially damaged, as defined in Section 2.937 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 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 11.16 If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.934 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. 11.17 Any substantial improvement, as defined in Section 2.938 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. May 2014 18 *Draft Hutchinson FloodplainOrdinance SECTION 12.0 PENALTIES AND ENFORCEMENT 12.1 Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. 12.2 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. 12.3 Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section(s) 154.098 of the zoning ordinance. 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. SECTION 13.0 AMENDMENTS 13.1 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. 13.2 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. 13.3 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 2.3 of this ordinance. May 2014 19 *Draft Hutchinson FloodplainOrdinance EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. Adopted by the ________________ City Council (City of Hutchinson) This _____ of _______, _____ (Day) (Month) (Year) Attest: _________________________ , Mayor Steven W. Cook Attest: __________________________, City Administrator Jeremy J. Carter Stamp With Community Seal: May 2014 20