(A) City Manager. The City Manager, Planning Commission, or other official designated by the governing body shall administer and enforce this chapter. If the City Manager finds a violation of the provisions of this chapter, the City Manager shall notify the person responsible for the violation in accordance with the procedures stated in § 151.20.
(B) Permit requirements.
(1) Permit required. A permit issued by the City Manager in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure or portion thereof; prior to the use or change of use of a building, structure or land; prior to the construction of a dam, fence or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
(2) Application for permit. Application for a permit shall be made in duplicate to the City Manager on forms furnished by the City Manager 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.
(3) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the City Manger shall determine that the applicant has obtained all necessary state and federal permits.
(4) Certificate of zoning compliance for a new, altered or nonconforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the City Manager stating that the use of the building or land conforms to the requirements of this chapter.
(5) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by § 151.20.
(6) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
(7) Record of first floor elevation. The City Manager shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The City Manager shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
(8) Notifications for watercourse alterations. The City Manager shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Ch. 103G, as it may be amended from time to time, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(9) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date the supporting information becomes available, the City Manager shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or scientific data.
(C) Planning Commission.
(1) Rules. The Planning Commission shall adopt rules for the conduct of business and may exercise all of the powers conferred on the boards by state law.
(2) Administrative review. The Planning Commission shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.
(Ord. 161, passed 3-5-2012; Ord. 202, passed 9-20-2021)