(A) Statutory authorization, findings of fact and purpose.
(1) Statutory authorization. The legislature of the state has, in M.S. Ch. 103F and M.S. § 462.357, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the Planning Commission of the City does ordain as follows.
(2) Findings of fact.
(a) General. The flood hazard areas of the ARD are subject to periodic inundation which results in potential loss of life, loss of 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, all of which adversely affect the public health, safety and general welfare.
(b) Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards that is consistent with the standards established by the state’s Department of Natural Resources.
(c) National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program (NFIP), codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
(3) Statement of purpose. It is the purpose of this section to promote public health, safety and general welfare and to minimize those losses described in this chapter.
(B) General provisions.
(1) Lands to which this section applies. This section shall apply to all lands within the Annexation Reserve District (ARD) 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. The Floodplain District shall be considered a zoning district overlying and superseding all existing land use regulations in the ARD. Permitted, conditional and interim uses shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this section shall apply in addition to other ARD regulations.
(2) Establishment of official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the Flood Insurance Study for Bridgewater Township prepared by the Federal Emergency Management Agency and dated 8-4-1988 and the Flood Insurance Rate Map dated 8-4-1988 therein. The official zoning map shall be on file in the office of the Zoning Administrator.
(3) Regulatory flood protection elevation. The regulatory flood protection elevation shall be 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.
(4) Interpretation.
(a) In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall be liberally construed in favor of the Planning Commission and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(b) The boundaries of the floodplain district shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the Floodplain Overlay District, the Zoning Administrator shall make the necessary interpretations based on elevations on the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the Zoning Administrator may:
1. Require a floodplain evaluation consistent with this section to determine a 100-year flood elevation for the site;
2. Base the decision on available hydraulic/hydrologic or site elevation survey date that demonstrates the likelihood the site is within or outside of the floodplain; or
3. Set the 100-year flood elevation on outletted lakes at three feet above the ordinary high water level.
(5) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(6) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. This section shall not create liability on the part of the Planning Commission or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(7) Severability. If any section, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(C) Establishment of Floodplain Overlay District.
(1) Districts.
(a) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in this section.
(b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Insurance Rate Map as adopted in this section as being within Zone AE, AO or Zone AH without a floodway, but being located outside the floodway.
(c) General Floodplain District. The General Floodplain District shall include those areas designated as Zone 1 or Zones AE, Zone AO, or Zone AH without a floodway on the Flood Insurance Rate Map adopted in this section.
(2) Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted or structurally altered without full compliance with the terms of this section and other applicable regulations that apply to uses within the jurisdiction of this chapter. Within all Floodway and Flood Fringe Districts, and General Floodplain Districts, all uses not listed as permitted, conditional or interim under this section shall be prohibited. In addition, a caution is provided that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers are subject to the general provisions of this chapter;
(b) Modifications, additions, structural alterations, normal maintenance and repair or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this chapter; and
(c) As-built elevations for elevated or flood-proofed 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 this chapter.
(D) Floodway District (FW).
(1) Permitted uses. The following are permitted uses in the Floodway District:
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b) Industrial-commercial loading areas, parking areas and airport landing strips;
(c) 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, target ranges, trap and skeet ranges, hunting and fishing areas and single or multiple purpose recreational trails; and
(d) Residential lawns, gardens, parking areas and play areas.
(2) Standards for floodway permitted uses.
(a) The use shall have a low flood damage potential.
(b) The use shall be permissible in the underlying zoning district.
(c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(3) Conditional uses. The following uses of land or structures are considered conditional uses in the Floodway District:
(a) Structures accessory to the uses listed in division (D)(1) above;
(b) Extraction and storage of sand, gravel and other materials;
(c) Marinas, boat rentals, docks, piers, wharves and water control structures;
(d) Railroads, streets, bridges, utility transmission lines and pipelines;
(e) Storage yards for equipment, machinery or materials;
(f) Placement of fill or construction of fences;
(g) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of the section in this chapter related to manufactured homes, manufactured home parks and placement of recreational vehicles; and
(h) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
(b) All floodway conditional uses shall be subject to the procedures and standards in division (D)(3) above.
(c) The conditional use shall be permissible in the underlying zoning district.
(d) 1. Fill, dredge, spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable material.
2. Dredge spoil sits and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted and approved. The plan shall include an erosion/sedimentation prevention element to the plan.
3. As an alternative, and consistent with division (D)(4)(d)2. above, dredge spoil and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would cause an increase in the stage of the 100-year or regional flood but only after the Planning Commission has received an appropriate plan that assures the removal of the materials from the floodway based upon the flood warning time available. A conditional use permit granted under this section must be title registered with the property in the office of the County Recorder. It is the responsibility of the property owner to record a conditional use permit.
(e) 1. Accessory structures shall not be designed or used for human habitation.
2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:
a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of the flood flow; and
b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
3. Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the state’s Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garages, the detached garage must be used solely for the parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate.
a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.
b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. 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.
(f) 1. 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.
2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Planning Commission.
(g) Structural works for flood control that will not change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of M.S. Ch. 103G, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas form the regulatory flood plan shall not be allowed in the floodway.
(h) A levee, dike or floodwall constructed in the floodway shall not cause an increase in the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(E) Flood Fringe District.
(1) Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning district(s). All permitted uses shall comply with the standards for Flood Fringe uses listed within this section.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot above the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.
(b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood-proofed in accordance with this section.
(c) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with this subpart.
(d) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
(e) The provisions of division (E)(5) below shall apply.
(3) Conditional uses. Any structure that is not elevated on fill or flood-proofed in accordance with division (E)(2) above and/or any uses that do not comply with the standards of division (E)(5) below shall only be allowable as a conditional use permit. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in divisions (D)(5) above and (E)(4) below.
(4) Standards for flood fringe conditional uses.
(a) 1. 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 and the like or above grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above grade and not a structure’s basement or lowest floor if:
a. The enclosed area is above-grade on at least one side of the structure;
b. It is designed to internally flood and is constructed with flood resistant materials; and
c. It is used solely for the parking of vehicles, building access or storage.
2. The above-noted 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’s Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory floodplain elevation or be 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 and the design plans must stipulate:
i. A minimum of “automatic” openings in the wall where internal flooding is to be used as flood-proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot 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, entry and exit of flood waters without any form of human intervention; and
ii. The enclosed area will be designed of flood resistant materials in accordance with the FP-3 and FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.
(b) Basements, as defined in § 155.03 of this chapter, shall be subject to the following.
1. Residential basement construction shall not be allowed below the regulatory floodplain elevation.
2. Non-residential basements may be allowed below the regulatory flood protection elevation; provided, the basement is structurally dry flood-proofed in accordance with division (E)(4) below.
3. All areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the FP-1 or FP-2 flood-proofing classification in the state’s Building Code and this shall require making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 and FP-4 classification shall not be permitted.
4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil, disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state approved shoreland management ordinance. In the absence of a state approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the Planning Commission. The plan may incorporate alternative procedures for the removal of the material from the floodplain if adequate flood warning time exists.
5. 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. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Planning Commission.
6. The standards in division (E)(5) below shall also apply.
(5) Standards for all flood fringe uses.
(a) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory floodplain elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
(b) Commercial accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory floodplain elevation. However, a permit for the facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and veloCity such that when multiplying the depth (in feet) times veloCity (in feet per second) the product number exceeds four upon occurrence of the regional flood.
(c) For manufacturing and industrial uses, measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses, such as yards and parking lots, may be at a lower elevation subject to the requirements set out in division (E)(5)(b) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
(d) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(e) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.
(f) Standards for recreational vehicles are contained herein.
(g) All manufactured homes must be securely anchored in 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.
(F) General Floodplain District.
(1) Permissible uses.
(a) The permitted uses listed in the Floodway District, division (D)(1) above, shall be permitted uses in the General Floodplain District.
(b) All other uses shall be subject to the floodway/fringe criteria pursuant to division (F)(2) below. Division (D) above shall apply if the proposed use is in the Floodway District and division (E) above shall apply if the proposed use is in the Flood Fringe District.
(2) Procedures for floodway and flood fringe determination within the General Floodplain District.
(a) Upon receipt of an application for a permit or other approval within the General Floodplain District, the applicant shall be required to furnish such of the following information that is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District:
1. Typical valley cross-sections showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;
2. Plan (surface view) showing elevations or contours of the ground, pertinent structures, fill or storage elevations, the size, location and spatial arrangement of all proposed and existing structures on the site, and the location and elevation of streets;
3. Photographs showing existing land uses, vegetation upstream and downstream and soil types; and
4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
(b) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Rules parts 6120.5000 through 6120.6200 and 44 C.F.R. part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ area hydrologist prior to commencing the analysis. The designated engineer or expert shall:
1. Estimate the peak discharge of the regional flood;
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
3. Compute the floodway necessary to convey or store the regional flood without increasing flood states more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
(c) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Planning Commission. The Planning Commission must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Planning Commission, prior to official action, may submit the application and all supporting date and analyses to the Federal Emergency Management Agency, the Department of Natural Resources and/or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District boundaries have been determined, the Planning Commission shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of this section.
(G) Subdivisions.
(1) Review criteria. No land shall be subdivided that is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, including the Floodway and the Flood Fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(2) Floodway/flood fringe determination in the Floodplain Districts. In the Floodplain Districts, applicants shall provide the information required herein to determine the 100-year flood elevation, the Floodway and the Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(3) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard designation for certain structures property elevated on fill above the 100-year flood elevation. FEMA’s requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(H) Public utilities, railroads, roads and bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain shall be flood-proofed in accordance with the state’s Building Code or elevated above the regulatory flood protection elevation.
(2) Public transportation facilities. 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 the 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.
(3) On-site sewage treatment and water supply systems.
(a) 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 to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding.
(b) Any sewage treatment system designed in accordance with the state’s current statewide standards or on-site sewage treatment systems shall be determined to be in compliance with this chapter.
(I) Manufactured homes and manufactured home parks and placement of recreational vehicles.
(1) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions in division (G) above.
(2) (a) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in the floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with division (F) above. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with division (E)(5) above, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Planning Commission.
(b) 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 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.
(3) Recreational vehicles that do not meet the exemption criteria specified in division (I)(2)(b) above shall be subject to the provisions of this section and as specifically spelled out in divisions (I)(3)(c) and (I)(3)(d) below.
(a) Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (I)(3)(b) below and further they meet the following criteria:
1. Have a current license required for highway use;
2. Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it; and
3. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
(b) Areas exempted for placement of recreational vehicles.
1. Individual lots or parcels of record;
2. Existing commercial recreational vehicle parks or campgrounds; and
3. Existing condominium type associations.
(c) Losing exemption. Recreational vehicles exempted by this section lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in divisions (D) and (E) above. 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.
(d) New parks or campgrounds. 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 dwelling sites shall be subject to the following.
1. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts; provided, the 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 division (E)(5) above. No fill placed in the floodway to meet the arrangements of this section shall increase flood stages of the 100-year or regional flood.
2. Any new or replacement recreational vehicles not meeting the criteria of division (I)(3)(d)1. above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of division (D)(4) above. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The 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 hereof will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as not to be impaired or contaminated during times of flooding in accordance with division (H)(3) above.
(J) Administration.
(1) Zoning Administrator. The Zoning Administrator or other official designated by the Planning Commission shall administer and enforce this section. If the Zoning Administrator finds a violation of the provisions of this section, the Zoning Administrator shall notify the person responsible for the violation in accordance with the procedures stated in division (L) below.
(2) Permit requirements.
(a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this section 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 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 non-conforming 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 or interim 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 non-conforming 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 application, plans, permits, variances and certificates of zoning compliance. Permits, variances, conditional use permits, interim 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 section and punishable as provided by division (L) below.
(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. Flood-proofing measures shall be certified by a registered professional engineer or registered architect.
(g) Record of first flood elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest flood (including basement) of all new structures and alterations or additions to existing structures in the floodplains. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood-proofed.
(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 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. Ch. 103G, as it may be amended from time to time, this shall suffice as adequate public 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 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 report.
(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 shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement and administration of this section.
(c) Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or variances from the terms of this section 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 municipal planning enabling legislation. 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 this section, any other ARD zoning regulations, and in the municipal planning legislation that justified granting 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 law. The following additional variance criteria of the Federal Emergency Management Agency (FEMA) must be satisfied.
1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
2. Variances shall only be issued upon:
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 increase flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud 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 days notice of the hearing.
(e) Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within the time required by law. In passing upon an appeal, the Board of Adjustment may, so long as the 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. The Board shall make its decision in writing setting forth the findings of fact and reasons for its decisions. In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards as those specified in division (J)(3)(f) below, 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 hereunder. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
(f) Appeals. Appeals from any decision of the Board of Adjustment may be made as specified in this chapter.
(g) Flood insurance notice and record keeping.
1. The Zoning Administrator shall 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; and
b. Such construction below the 100-year or regional flood level increases risk to life and property.
2. The notification shall be maintained with a record of all variance actions. The Zoning Administrator will maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report, as required, to the Administrator of the National Flood Insurance Program.
(4) Conditional uses. The Planning Commission shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning Commission for consideration.
(a) Hearings. Upon filing of an application for a conditional use permit with the Zoning Administrator, the Zoning Administrator shall submit a copy of the proposed conditional use permit application by mail to the Commissioner of Natural Resources sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing.
(b) Decision. The Planning Commission shall take final action on the proposed conditional use permit in the time period required by law. In granting a conditional use permit, the Planning Commission shall prescribe appropriate conditions and safeguards, in addition to those specified in division (J)(4)(e) below, that are in conformity with the provisions of this section. Violations of the 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 section punishable under division (L) below. 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.
(c) Procedures to be followed by the Planning Commission in passing on conditional use permit applications within all Floodplain Districts.
1. The applicant shall furnish such of the following information and additional information as deemed necessary by the Planning Commission 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 elevations of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and
b. Specifications for building construction and materials, flood-proofing, filing, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
2. The Zoning Administrator shall transmit one copy of the information described above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating a 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. The cost of such review shall be borne by the applicant.
3. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission 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 Commission shall be based. In passing upon conditional use permit applications, the Planning Commission shall consider all relevant factors specified in other sections of this section, and the following:
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 the 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 flood waters expected at the site; and
12. Such other factors that are relevant to the purposes of this section.
(e) Conditions attached to conditional use permits. Upon consideration of the factors listed above the purpose of this division (J)(4)(e), the Planning Commission shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. The conditions may include, but are not limited to, the following:
1. Modification of waste treatment and water supply facilities;
2. Limitation 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 or other protective measures; and
5. Flood-proofing measures, in accordance with the state’s Building Code and this section. The applicant shall submit a plan or document certified by a registered engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(5) Interim use permits. The process and procedures for interim use permits shall be the same as that for conditional use permits.
(K) Non-conforming uses. A structure, or the use of a structure or premises, that was lawful before the passage or amendment of this section, but which it not in conformity with the provisions of this section, may be continued subject to the following conditions. Historic structures, as defined in this chapter, shall be subject to the provisions of this section.
(1) No such use shall be expanded, enlarged or altered in a way that increases the non-conformity.
(2) Any structural alteration or addition to a non-conforming structure or non-conforming use that 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 flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classification) allowable in the state’s Building Code, except as further restricted in divisions (K)(3) and (K)(4) below.
(3) The cost of any structural alteration or additions to any non-conforming structure over the life of this 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 the township’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 divisions (K)(4) and (K)(5) below for new structures, depending upon whether the structure is in the Floodway or Flood Fringe, respectively.
(4) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The Assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses that have been discontinued for a period of 12 months, if the information is available.
(5) If any non-conforming use or structure is destroyed by any means, or substantially damaged as defined in this section, it shall not be reconstructed, except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures herein will apply depending upon whether the use or structure is in the Floodway District, Flood Fringe District or General Floodplain District respectively.
(6) If a substantial improvement, as defined in this chapter, occurs, from any combination of a building addition to the outside dimensions of an existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimensions of an existing non-conforming building, then the non-conforming building must meet the requirement hereof for new structures, depending upon whether the structure is in the Floodway or Flood Fringe Districts, respectively.
(L) Penalties for violation.
(1) Violation of the provisions of this section or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of variances, conditional use or interim use permits) shall constitute a misdemeanor and shall be punishable as defined by law.
(2) Nothing herein contained shall prevent the Planning Commission from taking other lawful action as is necessary to prevent or remedy any violation. The actions may include, but are not limited to:
(a) In responding to a suspected ordinance violation, the Zoning Administrator, under the direction of the Planning Commission, may utilize the full array of enforcement actions available to it including, but not limited to, prosecution and fine, 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 community will act in good faith to enforce those official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program;
(b) When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of this section. As soon as it is reasonably possible, this information shall be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office, along with the Planning Commission’s plan of action to correct the violation to the degree possible;
(c) The Zoning Administrator shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violations of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Planning Commission. If the construction or development is already completed, then the Zoning Administrator may either:
1. 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
2. Notify the responsible party to apply for an after-the-fact permit and/or development approval within a specified period of time not to exceed 30 days.
(d) If the responsible party does not appropriately respond to the Zoning Administrator within a specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition that existing prior to the violation of this section.
(M) Amendments. The floodplain designation on the official zoning map shall not be removed from the floodplain 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 Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. All amendments to this section, including amendments to the official zoning map that relate to the floodplain districts, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map that relate to the floodplain districts 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 section and the notice shall include a draft of the amendment or technical study under consideration.