Loading...
§ 151.37 CERTIFICATION OF LOWEST FLOOR ELEVATIONS.
   The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. The Zoning Officer shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the floodplain district.
(1989 Code, § 13.50, Subd. 3) (Ord. 21, 2nd Ser., eff. 5-30-1997)
§ 151.38 VARIANCES.
   (A)   Defined. A VARIANCE means a modification of a specific permitted development standard required in an official control including this chapter to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community’s respective planning and zoning enabling legislation.
   (B)   Authorization. The Board may authorize upon appeal in specific cases a relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of the variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.
   (C)   Determination. Variances from the provisions of this chapter may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this chapter. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.
   (D)   Submission. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
   (E)   Appeals. Appeals from any decision of the Board may be made, and as specified in the city’s official controls and also in state statutes.
   (F)   Flood insurance notice and record keeping. The Planning and Zoning Official shall notify the applicant for a variance that 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 that construction below the 100-year or regional flood level increases risks to life and property. This notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biannual report submitted to the Administrator of the National Flood Insurance Program.
(1989 Code, § 13.60) (Ord. 21, 2nd Ser., eff. 5-30-1997)
§ 151.39 NONCONFORMITIES.
   A structure or the use of a structure or premises which was lawful before the effective date of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.
   (A)   No use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity.
   (B)   An alteration within the inside dimensions of a nonconforming use or structure is permissible, provided it will not result in increasing the flood damage potential of that use or structure.
   (C)   The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of city’s initial floodplain controls must be calculated into today’s current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50% of the current market value of the structure, then the structure must meet the standards of § 151.20 for new structures.
   (D)   If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformance with the provisions of this chapter. The city may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this chapter.
(1989 Code, § 13.70) (Ord. 21, 2nd Ser., eff. 5-30-1997)
§ 151.40 AMENDMENTS.
   All amendments to this chapter, including revisions to the Official Floodplain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The floodplain designation on the Official Floodplain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the floodplain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days’ written notice of all hearings to consider an amendment to this chapter and the notice shall include a draft of the amendment or technical study under consideration.
(1989 Code, § 13.80) (Ord. 21, 2nd Ser., eff. 5-30-1997)
§ 151.99 PENALTY.
   It is unlawful for any person to violate the provisions of this chapter or fail to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances).
   (A)   In responding to a suspected city code violation, the Planning and Zoning Official and the 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 city code violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
   (B)   When a city code violation is either discovered by or brought to the attention of the Planning and Zoning Official, the Planning and Zoning Official shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency’s Regional Office along with the city’s plan of action to correct the violation to the degree possible.
   (C)   The Planning and Zoning Official shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Planning and Zoning Official may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Planning and Zoning Official may either issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
   (D)   If the responsible party does not appropriately respond to the Planning and Zoning Official within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Planning and Zoning Official shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(1989 Code, § 13.99) (Ord. 21, 2nd Ser., eff. 5-30-1997)