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(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.
(A) Purpose and intent. The purpose of the Cannon River Wild and Scenic River District is:
(1) Conserve and protect the natural scenic values and resources of the Cannon River and to maintain a high standard of environmental quality;
(2) Regulate the area of a lot and the length of bluff land and water frontage suitable for building sites to reduce the effects of overcrowding and provide ample space on lots for sanitary facilities;
(3) Regulate the setbacks of structures and sewage treatment systems from bluff lines and shorelines;
(4) Regulate alterations of then natural vegetation and topography;
(5) Maintain property values and prevent poorly planned development;
(6) Preserve natural beauty and quietude;
(7) Prevent pollution;
(8) Designate land use districts along the bluff land and shoreline of the Cannon River; and
(9) Protect and preserve the Cannon River, its tributaries and its adjacent land that possesses scenic values of the Cannon River by ensuring development within this river corridor is consistent with the Wild, Scenic and Recreational Statewide Standards (Minn. Rules parts 6105.0010 through 6105.0250; Minn. Rules parts 6105.1550 through 6105.1700) and the Scenic Rivers Act (M.S. §§ 103F.301 through 103F.345).
(B) General provisions.
(1) Jurisdiction. The jurisdiction of this section shall include all lands designated within the Cannon River land use district in the ARD based on upon the Cannon River Management Plan, Minn. Rules part 6105.1680 and are delineated on the official zoning map of the ARD.
(2) Compliance. The use of any land within the Cannon River Wild and Scenic River District overlay district; the size and shape of lots; the use and location of structures on lots; the installation and maintenance of water supply and sewage treatment systems; the filling, grading, dredging of any river area; the cutting of vegetation or alteration of the natural topography within the district; and the subdivision of land shall be in full compliance with the terms of this section and other applicable regulations. Permits from the Zoning Administrator are required by this section and this division (B) for the construction of structures, public or private water supply and sewage treatment systems, the upgrading and filing of the natural topography and erection of signs within the Cannon River Wild and Scenic River Overlay Land Use District.
(C) Rules.
(1) It is not intended by this section to repeal, abrogate or impair any existing easement, covenants, deed restrictions or land use controls. Where this section imposes greater restrictions, the provisions of this section shall prevail. In case of conflict between a provision of the state’s Wild, Scenic and Recreational River Statutes and statewide standards and criteria and some other law of the state or provisions of existing ordinances, the more protective provision shall apply.
(2) In their interpretation and application, the provisions of this section shall be held to be minimum requirements, and shall not be deemed a limitation or repeal of any powers or rights granted by state statutes.
(3) The provisions of this section shall be severable, and the invalidity of any paragraph, subparagraph or division thereof shall not make void any other paragraph, subparagraph, division or any other part. If any court of competent jurisdiction shall adjudge invalid any provision of this section or the application of this section to a particular property, building or other structure, the judgment shall not affect any other provision of this section or any other property, building or structure not specifically included in the judgment.
(4) The word “shall” is mandatory, not permissive. All distance, unless otherwise specified, shall be measured horizontally.
(5) For the purposes of this section, words and terms are as defined in § 155.03 of this chapter.
(D) Overlay Land Use District provisions.
(1) Districts.
(a) In order to preserve and protect the Cannon River and its adjacent lands that possess outstanding scenic, recreational, natural, historical, scientific and similar values, the Cannon River in Bridgewater Township has been given a Wild and Scenic Rivers Classification and the uses and classification the river and its adjacent lands are hereby designated by overland land uses zoning districts, the boundaries of which are based on the Cannon River Management Plan and Minn. Rules part 6105.1680.
(b) The boundaries of the Cannon River Wild and Scenic Overlay District are shown on the official zoning map of the ARD, which is made a part of this chapter and is on file with the Zoning Administrator. In case of conflict between the map and the property descriptions in the Cannon River rule, the more restrictive shall prevail.
(c) If land is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all construction, grading and filling, and vegetative cutting until this section is amended. The amended section shall meet the provisions of the plan that applied to the land before the transfer.
(2) Purpose. The purpose of establishing standards and criteria for the management of the Cannon River Wild and Scenic River Overlay District shall be to preserve and protect existing and natural, scenic, historical, scientific and recreational values, to reduce the effect of overcrowding and poorly planned development of adjacent lands, to prevent pollution, to preserve natural beauty and quietude, to maintain proper relationships between various land use types and to prohibit new uses that are inconsistent with the statewide standards and criteria for Wild and Scenic Rivers, Minn. Rules parts 6105.0010 through 6105.0250.
(3) Permitted, conditional and interim uses.
(a) Permitted, conditional and interim uses are as specified in the table in § 155.06 of this chapter. All other uses shall be considered prohibited, except for the following governmental and public activities:
1. Governmental campgrounds subject to management plan specifications;
2. Other governmental open space recreational uses subject to management plan specifications;
3. Government resource management for improving fish and wildlife habitat; wildlife management areas; nature areas; and accessory roads;
4. Public access and trail access subject to management plan specifications; and
5. Public access, road access with boat launching facilities subject to management plan specifications.
(b) Permitted and conditional or interim uses may be combined on a single parcel; provided that, each use meets the general, density, specific and performance standards of this chapter and any other applicable provisions of this chapter.
(4) Non-conforming uses. Uses that are prohibited but which are in existence prior to adoption of this section shall be non-conforming uses. The uses shall not be intensified, enlarged or expanded beyond the permitted or delineated boundaries of the use or activity as stipulated in the most current permit prior to the adoption of this chapter.
(E) Zoning dimensions.
(1) Minimum district dimensional requirements. The following chart sets forth the minimum lot size and width, setbacks and other requirements in the Cannon River Wild and Scenic River Overlay District:
Standard | Minimum Requirements |
Standard | Minimum Requirements |
Building setback from ordinary high water level | 100 feet |
Building setback from top of bluff | 30 feet |
Controlled vegetative cutting area: setback from ordinary high water level Setback from top of bluff | 100 feet 30 feet |
Lot size and density * There shall be no more than 1 dwelling unit per lot | Minimum lot size is 2.5 acres |
Lot width at building line | 250 feet |
Lot width at ordinary high water level | 250 feet |
Maximum structure height | 35 feet |
On-site sewage treatment system setback from ordinary high water level | 75 feet |
(2) Slopes. Structures shall not be located on slopes greater than 12% unless the structures are screened from the river view with natural vegetation where practicable, the sanitary provisions of this chapter are complied with, and the building permit application can prove to the Zoning Administrator that any potential erosion or sedimentation problems related to locating a structure either do not exist or that adequate measures will be taken to prevent any of these problems though special construction methods.
(3) Placement in floodways. No structures shall be placed in any floodway. Structures proposed within a floodplain shall be consistent with statewide standards and criteria for the management of floodplain areas of the state (Minn. Rules parts 6120.5000 through 6120.6200) and division (K) below.
(F) Substandard lots.
(1) Lots of record in the office of the County Recorder on the effective day of enactment of this chapter that do not meet the dimensional requirements of this section shall be allowed as building sites; provided, the proposed use is permitted in the land use district; the lot was in separate ownership on the date of enactment of this section; all sanitary requirements are complied with; and dimensional provisions are complied with to the greatest extent possible.
(2) If, in a group of two or more contiguous lots under a single ownership and any individual lot does not meet the minimum lot width requirements of this section, the individual lot cannot be considered as a separate parcel of land for purposes of sale or development, but must be combined with adjacent lots under the same ownership so that the combination of lots will equal one or more parcels of land, each meeting the lot width requirements of this section.
(G) Substandard uses. All uses in existence prior to the effective date of enactment or amendment of this chapter that are permitted uses within the Cannon River land uses district, but do not meet the minimum lot area, setbacks or other dimensional requirements of this section are substandard uses. All substandard uses, except for substandard signs, shall be allowed to continue subject to the following conditions and exceptions: any structural alteration or addition to a substandard use that will increase the substandard dimension shall not be allowed.
(H) Sanitary provisions; water supply. Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the state’s Department of Health and the state’s Pollution Control Agency and local administrative procedures. Private wells must be located, constructed, maintained and sealed in accordance with or in a more thorough manner than the Water Well Construction Code of the state’s Department of Health.
(I) Sewage treatment.
(1) Sewage treatment. Any premises intended for human occupancy must be provided with an adequate method of sewage treatment. Publicly-owned sewer systems must be used where available. Where public systems are not available, all private sewage treatment systems must meet or exceed applicable rules of the state’s Department of Health, the state’s Pollution Control Agency, specifically Minn. Rules Ch. 7080 for individual sewage treatment systems, the standards of this section, and any other applicable standards of this chapter.
(2) Non-conforming sewage treatment systems.
(a) A non-conforming sewage treatment system not meeting the requirements of this section must be upgraded, at a minimum, whenever a permit or variance of any type is required for any improvement on, or use of, the property.
(b) For the purposes of this provision, a sewage treatment system shall not be considered non-conforming if the only deficiency is the sewage treatment system’s improper setback from the ordinary high water level.
(c) All non-conforming sewage treatment systems shall be brought into conformity or discontinued within five years of the date of enactment of this chapter.
(J) Landscape alterations.
(1) Vegetative cutting.
(a) The vegetative cutting provisions in this section shall apply to those areas specified in division (J)(2) below.
(b) The following general provisions apply within designated setback areas.
1. Clear cutting, except for any authorized public services such as roads and utilities, shall not be permitted.
2. Selective cutting of trees in excess of four inches in diameter at four feet in height is permitted; provided, cutting is spaced in several cutting operations, a continuous tree cover is maintained, and is uninterrupted by large openings.
(2) Clear cutting. Clear cutting anywhere in the designated Cannon River Wild and Scenic Overlay District is subject to the following standards and criteria.
(a) Clear cutting shall not be used as a cutting method where soil, slope or other watershed conditions are determined by the Zoning Administrator to be fragile and subject to severe erosion and/or sedimentation.
(b) Clear cutting shall be conducted only where clear-cut blocks, patches or strips are, in all cases, shaped and blended with the natural terrain.
(c) The size of clear-cut blocks, patches or strips shall be kept at the minimum necessary.
(d) Where feasible, all clear cuts shall be conducted between September 1 and May 1. If natural regeneration will not result in adequate vegetative cover, areas in which clear cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.
(K) Grading, filling, alterations of the beds of public waters.
(1) Grading and filling of the natural topography that is not accessory to a permitted, conditional or interim use shall not be permitted in the land use districts.
(2) Grading and filling of the natural topography that is accessory to a permitted, conditional or interim use shall not be conducted without a grading and filling permit from the Zoning Administrator. A grading and filling permit may be issued only if the following conditions are property satisfied:
(a) Grading and filing shall be performed in a manner that minimizes earthmoving, erosion, tree clearing and the destruction of natural amenities;
(b) The smallest amount of bare ground is exposed for as short a time as possible;
(c) Temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted;
(d) Methods to prevent erosion and trap sediment are employed; and
(e) Fill is stabilized to accepted engineering standards.
(3) Excavation of material from, or filling in a Wild and Scenic River, or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to M.S. § 103G.245, as it may be amended from time to time, which requires a permit from the Commissioner before any change is made in the course, current or cross-section of public waters.
(4) Drainage or filling of wetlands is not allowed within the land use districts designated by this chapter.
(L) Utility transmission crossings.
(1) All utility crossings of the Cannon River or state lands within the Cannon River Land Use District require a license from the Commissioner pursuant to M.S. § 84.415, as it may be amended from time to time.
(2) All utility transmission crossings constructed within the Cannon River Land Use District shall require a conditional use permit. The construction of the transmission services shall be subject to Minn. Rules parts 6105.0170 and 6105.0180. No conditional use permit shall be required for high voltage lines under control of the Environmental Quality Board (EQB) pursuant to M.S. § 216E.10, as it may be amended from time to time.
(M) Public roads.
(1) In addition to such permits as may be required by M.S. § 103G.245, as it may be amended from time to time, a conditional use permit shall be required for any construction or reconstruction of public roads within the Cannon River Land Use District. The construction or reconstruction shall be subject to Minn. Rules part 6105.0190 and 6105.0200.
(2) Public roads include township, county and municipal roads, streets and highways that serve or are designated to serve flows of traffic between communities or other traffic generating areas. A conditional use permit is not required for minor public streets that are intended to serve primarily as an access to abutting properties.
(N) Bridges. The development of bridges cited in Minn. Rules part 6115.0230 and 6115.0231, shall comply with the construction and permit requirements of Minn. Rules parts 6105.0190 and 6105.0200. The reconstruction, replacement or upgrading of existing bridge crossings shall comply with Minn. Rules parts 6105.0190 and 6105.0200.
(O) Subdivisions; land suitability.
(1) No land shall be subdivided that is determined by the Zoning Administrator or the Commissioner, to be unsuitable because of flooding, inadequate drainage, unique natural features, soil and rock formations with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities, or any other feature likely to be harmful to the health, safety or welfare of the future residents of the proposed subdivision or the community.
(2) No plat or subdivision within the Cannon River District shall be approved by the Planning Commission until the applicant has proven, through percolation rate tests, soil boring tests and other requirements of Minn. Rules Ch. 7080, that every newly platted lot found within the land use district has adequate area and a suitable location for the installation of a conforming septic tank and soil absorption system.
(3) The provisions otherwise set forth in this section and in division (M) above shall apply to all plats.
(P) Administration; certification procedure.
(1) A copy of all notices of any public hearings, or where a public hearing is not required, a copy of the application to consider ordinances, zoning amendments, variances or inconsistent plats under this section shall be sent so as to be received by the Commissioner at least 30 days prior to the hearings or meetings to consider the requests. The notice or application shall include a copy of the proposed amendment, or a copy of the proposed inconsistent plat, or a description of the requested variances.
(2) The Planning Commission shall notify the Commissioner of its final decision on the proposed action within ten days of the decision.
(3) The Commissioner shall, no later than 30 days from the time he or she receives notice of the final decision, communicate either certification of approval, with or without conditions, or notice of denial.
(4) The action becomes effective when and only when either:
(a) The final decision taken by the Planning Commission has previously received certification of approval from the Commissioner;
(b) The Planning Commission receives certification of approval after its final decision;
(c) Thirty days have elapsed from the day the Commissioner received notice of the final decision, and the Planning Commission has received from the Commissioner neither certification of approval, nor notice of denial; or
(d) The Commissioner certifies his or her approval after conducting a public hearing.
(5) In case the Commissioner gives notice of denial of an ordinance, amendment, variance or inconsistent plat, either the applicant or the Chairperson of the Planning Commission may, within 30 days of the notice, file with the Commissioner a demand for hearing. If the demand for hearing is not made within 30 days, the notice of denial becomes final.
(a) The hearing will be held in an appropriate local community within 60 days of the demand and at least two weeks’ published notice.
(b) The hearing will be conducted in accordance with M.S. § 103G.311, subd. 2, 6 and 7, as they may be amended from time to time.
(c) The Commissioner shall either certify his or her approval or deny the proposed action within 30 days of the hearing.
(Q) Amendments.
(1) Requests for amendments of this section may be initiated by a petition of affected property owners or by action of the Planning Commission. An amendment not initiated by the Planning Commission shall be referred to the Planning Commission for study. Amendments to this section shall be processed as outlined in § 155.04(E) of this chapter.
(2) An application for an amendment shall be filed with the Zoning Administrator.
(3) Upon receipt in proper form of the application and other requested materials, a public hearing shall be conducted in the manner prescribed by state statutes. Following the public hearing and recommendation by the Planning Commission, the City Council may adopt the amendment in the manner prescribed by state statutes and as outlined in § 155.04(E) of this chapter.
(4) Certification from the Commissioner must be obtained as specified in division (Q)(3) above before the proposed amendment becomes effective.
(R) Variances.
(1) The grant of a variance in the Cannon River Wild and Scenic Overlay District requires the presence of the following conditions:
(a) The strict enforcement of the land use controls will result in unnecessary hardship;
(b) Granting of the variance is not contrary to the purpose and intent of this section and is consistent with this chapter;
(c) There are exceptional circumstances unique to the subject property that were not created by the landowner;
(d) Granting of the variance will not allow any use which is neither permitted or permitted with a conditional or interim use permit in the land use district in which the subject property is located;
(e) Granting of the variance will not alter the essential character of the locality; and
(f) Exceptions for lots that do not meeting the minimum lot width requirements of this section. Where a setback pattern from the ordinary high water level has already been established on both sides of a proposed building site, the setback of the proposed structure may be allowed to conform to that pattern. This provision shall apply only to lots that do not meet the minimum lot width requirements of this section.
(2) All granted variances to the requirement of this section must be certified in accordance with this chapter before they become effective.
(S) Plats.
(1) Copies of all plats within the Cannon River Land Use District shall be forwarded to the Commissioner within ten days of approval by the Planning Commission.
(2) Approval of a plat that is inconsistent with this section is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal.
(3) All inconsistent plats approved by the Planning Commission must be certified in accordance with this section.
(T) Conditional use permit application review by DNR.
(1) A copy of all notices of any public hearing, or where a public hearing is not required, a copy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days prior to a hearing or meeting to consider issuance of a conditional use permit. A copy of the decision shall be forwarded to the Commissioner within ten days of the action.
(2) Any conditional use permit for governmental campgrounds, private campgrounds, public accesses with boat launching facilities, public accesses with trail access, governmental open space recreational uses and private open space recreational uses require approval by the Commissioner.
(U) Procedures summary. The following table summarizes permit, review and certification procedures within the Cannon River Land Use District designated by this section:
Types of Activities | Procedures |
Types of Activities | Procedures |
Amendments to ordinance | PH - FD - CC |
Building permits | LP |
Conditional use permits | PH - FD |
Grading, filing permits | LP |
Inconsistent plats | PH - FD - CC |
Planned cluster developments | PH - PA - FD - CC |
Plats | FD |
Sewage system permits | LP |
Sign construction permits | LP |
Variances | PH - FD - CC |
Water supply permits | LP |
NOTES TO TABLE: LP - Permit issued by Building Official or Zoning Administrator in accordance with this section and this chapter PH - Copy of public hearing notice or application sent so as to be received by the Commissioner at least 30 days prior to the hearing or meeting CC - Action becomes effective only when the Commissioner certifies its compliance with the Act, statewide standards and criteria, and the Cannon River rules FD - A copy of the final determination is forwarded to the Commissioner PA - Preliminary plans approved by the Commissioner prior to their enactment | |
(V) Enforcement.
(1) It is declared unlawful for any person to violate any of the terms and provisions of this section. Violation thereof shall be a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense.
(2) In the event of a violation or a threatened violation of this section, the Planning Commission, in addition to other remedies, may institute appropriate actions or proceedings to prevent, restrain or abate the violations or threatened violations.
(A) Lot splits.
(1) The Zoning Administrator may administratively approve applications for lot splits that do not require a variance. An application form, along with three copies of a site sketch and the appropriate fee, as determined by this chapter, must be submitted to the Zoning Administrator. In addition, if deemed necessary to determine compliance with the standards of this chapter, the Zoning Administrator may request a map or sketch, drawn to scale or a survey, showing the following:
(a) Name and address, including telephone number, of the legal owner and/or agent of the property;
(b) All contiguous property and all roads and their legal names;
(c) Proposed new property lines with the dimensions noted;
(d) Proposed driveway locations and the location of existing driveways on the same side of the road;
(e) Location of any existing and proposed legal rights-of-way or public and private easements encumbering the property;
(f) Proposed legal description of the parcel(s) to be subdivided;
(g) Location, purpose and dimensions of all buildings. Location shall note the distance of those buildings closest to property lines from the existing and proposed lines;
(h) Location of any existing tile lines, abandoned wells, drainage ways, waterways, watercourses, lakes, wetlands and the top and toe of any bluffs present. When applicable, the ordinary high water level and the 100-year flood elevation shall be shown;
(i) Location of a primary and alternate site for individual septic treatment systems with a copy of percolation tests and soil borings; and
(j) Location of all existing and proposed public or private easements.
(2) The Zoning Administrator may require such revisions as are necessary to meet code requirements.
(3) The Zoning Administrator shall make a decision to approve or disapprove a requested lot split within ten working days of submission of a completed application or may refer the application to the Planning Commission. The Zoning Administrator shall provide written notice of any such decision to the owner or subdivider.
(4) Any decision of the Zoning Administrator, unless appealed, shall be the final decision.
(5) (a) Any decision of the Zoning Administrator regarding lot splits may be appealed to the Planning Commission following transmission of a written notice of appeal that specifies the subject and grounds therefor.
(b) The notice must be received by the Zoning Administrator within ten days following the issuance of the order, requirement, decision or determination that is the subject of the appeal.
(c) The Zoning Administrator will forward the appeal to the Planning Commission.
(6) Upon appeal, the Planning Commission will take action to approve or deny the lot split request. The Zoning Administrator shall notify the owner and subdivider in writing of the Planning Commission’s decision.
(B) Driveways.
(1) A driveway permit must be approved by the Building Official prior to construction.
(2) In essence, a driveway cannot interrupt the natural or ditch line flow of drainage water. In some cases where shallow ditch lines or natural drainage courses exist, driveways may be swaled at a point beyond the road shoulder to accommodate the flow of storm water. In all other cases, driveways must have sufficiently sized culverts installed and maintained by the homeowner or subdivider. Stabilization of the driveway in-slope must be provided as part of the final grade.
(3) Final driveway acceptance shall rest with the Building Official. Any decision of the Building Official regarding driveway permits may be appealed to the Planning Commission following transmission of a written notice of appeal, which specifies the subject and grounds therefore. The notice must be received by the Zoning Administrator within ten days following the issuance of an order, requirement, decision or determination that is the subject of the appeal. The Zoning Administrator will forward the appeal to the Planning Commission.
(4) Upon appeal, the Planning Commission will take action to approve or deny driveway permit appeal requests. The Zoning Administrator shall notify the owner and subdivider in writing of the Planning Commission’s decision.
(5) In no case shall the culvert pipe under a driveway be less than 18 inches in diameter, with aprons.
(6) The cost of culverts shall be borne by the homeowner or subdivider.
(7) Driveways shall intersect the roadway at a preferred angle of 90 degrees, but in no case shall the intersection angle be less than 60 degrees.
(8) An all season safe distance of 200 feet in each direction must be present for a building permit to be issued.
(9) No driveway shall be constructed within 50 feet of an intersecting street. One hundred feet is preferable.
(10) The maximum allowable driveway width shall be 20 feet, not counting the flares. The desirable width shall be 12 to 15 feet and the minimum width shall be ten feet.
