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13-1-9: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES 1 :
   A.   Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.
   B.   Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain shall comply with sections 13-1-5 and 13-1-6 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
   C.   On Site Sewage Treatment And Water Supply Systems: Where public utilities are not provided:
      1.   On site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and
      2.   New or replacement on site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall 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 shall be determined to be in compliance with this section. (Ord. 260, 2-21-2006)

 

Notes

1
1. See also title 8 of this code.
13-1-10: MANUFACTURED HOMES, MANUFACTURED HOME PARKS AND PLACEMENT OF RECREATIONAL VEHICLES:
   A.   New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 13-1-8 of this chapter.
   B.   The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with section 13-1-6 of this chapter. If vehicular road access for preexisting manufactured home parks is not provided in accordance with subsection 13-1-6E1 of this chapter, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body.
      1.   All manufactured homes 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 to be 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.
   C.   Recreational vehicles that do not meet the exemption criteria specified in subsection C1 of this section shall be subject to the provisions of this chapter and as specifically spelled out in subsections C3 and C4 of this section.
      1.   Exemption: Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection C2 of this section and further they meet the following criteria:
         a.   Have current licenses required for highway use.
         b.   Are highway ready, meaning: 1) on wheels or the internal jacking system, 2) are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks, and 3) the recreational vehicle has no permanent structural type additions attached to it.
         c.   The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
      2.   Areas Exempted For Placement Of Recreational Vehicles:
         a.   Individual lots or parcels of record.
         b.   Existing commercial recreational vehicle parks or campgrounds.
         c.   Existing condominium type associations.
      3.   Loss Of Exemption: Recreational vehicles exempted in subsection C1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle or exceeding five hundred dollars ($500.00) for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in sections 13-1-5 and 13-1-6 of this chapter. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
      4.   New Recreational Vehicle Parks, Subdivisions: New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:
         a.   Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts, provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with subsection 13-1-6E1 of this chapter. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
         b.   All new or replacement recreational vehicles not meeting the criteria of subsection C4a of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of section 13-1-11-4 of this chapter. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections C1a and C1b of this section will be met. 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 subsection 13-1-9C of this chapter. (Ord. 260, 2-21-2006)
13-1-11: ADMINISTRATION:
13-1-11-1: 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 chapter, the zoning administrator shall notify the person responsible for such violation in accordance with the procedures stated in section 13-1-14 of this chapter. (Ord. 260, 2-21-2006)
13-1-11-2: PERMIT REQUIREMENTS:
   A.   Permit Required: A permit issued by the zoning administrator in conformity with the provisions of this chapter 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.
   B.   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: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.
   C.   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.
   D.   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 chapter.
   E.   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 such 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 chapter, and punishable as provided by section 13-1-14 of this chapter.
   F.   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 chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect.
   G.   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.
   H.   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 Minnesota statutes, chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the federal emergency management agency (FEMA).
   I.   Notification To FEMA When Physical Changes Increase Or Decrease The 100-Year Flood Elevation: As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data. (Ord. 260, 2-21-2006)
13-1-11-3: BOARD OF ADJUSTMENT:
   A.   Rules: The board of adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
   B.   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 chapter.
   C.   Variances: The board of adjustment may authorize upon appeal in specific cases such 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 such 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:
      1.   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.
      2.   Variances shall only be issued by a community upon: a) a showing of good and sufficient cause, b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and c) 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.
      3.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   D.   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 (10) days' notice of the hearing.
   E.   Decisions: The board of adjustment shall arrive at a decision on such appeal or variance within ten (10) days. In passing upon an appeal, the board of adjustment may, so long as such action is in conformity with the provisions of this chapter, 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 subsection 13-1-11-4F of this chapter, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under section 13-1-14 of this chapter. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.
   F.   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 Minnesota statutes.
   G.   Flood Insurance Notice And Record Keeping: 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and 2) such construction below the 100-year or regional flood level increases risks to life and property. Such 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 such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program. (Ord. 260, 2-21-2006)
13-1-11-4: CONDITIONAL USES:
The city of Dawson's planning and zoning board shall hear and decide applications for conditional uses permissible under this chapter. Applications shall be submitted to the city manager who shall forward the application to the planning and zoning board for consideration.
   A.   Hearings: Upon filing with the planning and zoning board an application for a conditional use permit, the planning and zoning board 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 (10) days' notice of the hearing.
   B.   Decisions: The planning and zoning board shall arrive at a decision on a conditional use within ten (10) days. In granting a conditional use permit the planning and zoning board shall prescribe appropriate conditions and safeguards, in addition to those specified in subsection F of this section, which are in conformity with the purposes of this chapter. Violations of such 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 chapter punishable under section 13-1-14 of this chapter. A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten (10) days of such action.
   C.   Procedures: Procedures to be followed by the planning and zoning board in passing on conditional use permit applications within all floodplain districts:
      1.   Require the applicant to furnish such of the following information and additional information as deemed necessary by the planning and zoning board for determining the suitability of the particular site for the proposed use:
         a.   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
         b.   Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
      2.   Transmit one copy of the information described in subsection C1 of this section 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.
      3.   Based upon the technical evaluation of the designated engineer or expert, the planning and zoning board shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
   D.   Factors Upon Which The Decision Of The Planning And Zoning Board Shall Be Based: In passing upon conditional use applications, the planning and zoning board shall consider all relevant factors specified in other sections of this chapter, and:
      1.   The danger to life and property due to increased flood heights or velocities caused by encroachments.
      2.   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.
      3.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
      4.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
      5.   The importance of the services provided by the proposed facility to the community.
      6.   The requirements of the facility for a waterfront location.
      7.   The availability of alternative locations not subject to flooding for the proposed use.
      8.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
      9.   The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
      10.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
      11.   The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
      12.   Such other factors which are relevant to the purposes of this chapter.
   E.   Time For Acting On Application: The planning and zoning board shall act on an application in the manner described above within ten (10) days from receiving the application, except that where additional information is required pursuant to subsection C of this section, the planning and zoning board shall render a written decision within ten (10) days from the receipt of such additional information.
   F.   Conditions Attached To Conditional Use Permits: Upon consideration of the factors listed above and the purpose of this chapter, the planning and zoning board shall 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:
      1.   Modification of waste treatment and water supply facilities.
      2.   Limitations on period of use, occupancy, and operation.
      3.   Imposition of operational controls, sureties, and deed restrictions.
      4.   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
      5.   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. 260, 2-21-2006)
13-1-12: NONCONFORMING USES:
   A.   A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in section 13-1-3 of this chapter, shall be subject to the provisions of subsections A1 through A5 of this section.
      1.   No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
      2.   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 shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted for substantial improvements in subsection A6 of this section.
      3.   Reserved for future use.
      4.   If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of twelve (12) months.
      5.   If any nonconforming use or structure is substantially damaged, as defined in section 13-1-3 of this chapter, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in sections 13-1-5 and 13-1-6 of this chapter will apply depending upon whether the use or structure is in the floodway or flood fringe district, respectively.
      6.   If a "substantial improvement" occurs, as defined in section 13-1-3 of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must be the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 13-1-5 or 13-1-6 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. If a substantial improvement occurs only from a building addition, the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements for new structures if any alteration is made to the common wall in excess of installing a standard doorway. (Ord. 260, 2-21-2006)
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