(A) Duties. A Zoning Administrator or other official designated by the County Board must administer and enforce this subchapter.
(B) Permit application requirements.
(1) 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; and
(d) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
(2) 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 chapter. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in in the State Building Code. Accessory structures designed in accordance with § 152.148(B) of this chapter are exempt from certification, provided sufficient assurances are documented. Any development in established floodways must not cause any increase in flood elevations or damages, as certified by a registered professional engineer.
(3) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land, or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subchapter.
(4) Recordkeeping of certifications and as-built documentation. The Zoning Administrator must maintain records in perpetuity documenting:
(a) All certifications referenced in division (B) as applicable; and
(b) Elevations complying with § 152.148(B)(1). The Zoning Administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.
(5) 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 M.S. § 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).
(6) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(C) Variances.
(1) Variance applications. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 152.215 of this code.
(2) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(3) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(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:
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/codes;
(c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(4) Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that:
(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(5) General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
(a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination, and unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles; and
(k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.
(6) Submittal of hearing notices to the Department of Natural Resources (DNR). The Department must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(7) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(8) Recordkeeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(D) Conditional uses.
(1) Administrative review. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 152.245.
(2) Factors used in decision making. In passing upon conditional use applications, the County Board must consider all relevant factors specified in other sections of this chapter, and those factors identified in division (C)(5).
(3) Conditions attached to conditional use permits. In addition to the standards identified in §§ 152.147(D) and 152.148(D), the County Board may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(a) Limitations on period of use, occupancy, and operation;
(b) Imposition of operational controls, sureties, and deed restrictions; and
(c) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(4) Submittal of hearing notices to the Department of Natural Resources (DNR). The Department must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(5) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR Area Hydrologist.
(Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)