(A) Zoning Administrator. A Zoning Administrator or other official designated by the governing body shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the provisions of this subchapter, the Zoning Administrator shall notify the person responsible for the violation in accordance with the procedures stated in § 152.757 of this subchapter.
(B) Permit requirements.
(1) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this subchapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair) or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure or land; prior to the construction of a dam, fence or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado or any other source; and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the floodplain.
(2) Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable:
(a) Plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot;
(b) Existing or proposed structures, fill or storage of materials; and
(c) The location of the foregoing in relation to the stream channel.
(3) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
(4) Certificate of zoning compliance for a new, altered or nonconforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subchapter.
(5) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this subchapter, and punishable as provided by § 152.757 of this subchapter.
(6) Certification. 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 subchapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect.
(7) Record of first floor elevation. The Zoning Administrator shall 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 shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.
(8) Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Chapter 103G, as it may be amended from time to time, shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(9) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date the supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or scientific data.
(C) Board of Adjustment.
(1) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on those boards by state law.
(2) Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this subchapter.
(3) Variances. The Board of Adjustment may authorize upon appeal in specific cases relief or variance from the terms of this subchapter 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 a variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited 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. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(a) Variances shall 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 shall only be issued by a community upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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 shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing.
(5) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within 30 days. In passing upon an appeal, the Board of Adjustment may, so long as the action is in conformity with the provisions of this subchapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in division (D)(6) below which are in conformity with the purposes of this subchapter. Violations of these conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this subchapter punishable under § 152.757. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
(6) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this community's official controls and also by state statutes.
(7) Flood insurance notice and record keeping.
(a) The Zoning Administrator shall 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. The construction below the 100-year or regional flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance and report variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(D) Conditional uses. The Planning Commission shall hear and make recommendation to the City Council who will decide applications for conditional uses permissible under this chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning Commission for consideration.
(1) Hearings. Upon filing with the Planning Commission an application for a conditional use permit, the Planning Commission shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing.
(2) Decisions. The Planning Commission and City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in division (D)(6) below, which are in conformity with the purposes of this subchapter. Violations of these conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this subchapter punishable under § 152.757. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
(3) Procedures to be followed by the Planning Commission and City Council in passing on conditional use permit applications within all floodplain districts.
(a) Require the applicant to furnish the following information and additional information as deemed necessary by the Planning Commission and City Council for determining the suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures and the relationship of the above to the location of the stream channel; and
2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
(b) Transmit one copy of the information described in division (D)(3)(a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters; and
(c) Based upon the technical evaluation of the designated engineer or expert, the Planning Commission and City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(4) Factors upon which the decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this subchapter and:
(a) The 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 or they may block bridges, culverts or other hydraulic structures;
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(d) The susceptibility of the proposed facility and its contents to flood damage and the effect of that damage on the individual owner;
(e) The importance of the services provided by the proposed facility to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of alternative locations not subject to flooding for the proposed use;
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the Comprehensive Plan and floodplain 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; and
(l) Other factors which are relevant to the purposes of this subchapter.
(5) Time for acting on application. The Planning Commission and City Council shall act on an application in the manner described above within 60 days from receiving the application, except that where additional information is required pursuant to division (D)(3) above of this subchapter. The City Council shall render a written decision within 60 days from the receipt of additional information.
(6) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this subchapter, the Planning Commission and City Council shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this subchapter. These 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; and
(e) Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant shall 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.
(Ord. 296, passed 9-17-2009)