(A) Application for special use permits shall be made to the zoning administrator on forms furnished by him or her and shall include the following where applicable:
(1) Plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the lot;
(2) Existing or proposed structure, fill or storage materials; and
(3) The location of the foregoing in relation to an adjacent water body.
(B) The zoning administrator shall determine, based upon existing data sources including topographic maps and soil maps, whether the proposed development may be subject to flooding by the regulatory flood.
(C) If there is no reasonable possibility that the proposed development is subject to flooding, the zoning administrator may grant the permit subject to the standards and procedures of this chapter and other applicable regulations.
(D) If there is a reasonable possibility that the site is subject to flooding, the zoning administrator shall transmit the application to the Board of Adjustment for its determinations. The zoning administrator shall also provide the Commissioner of Natural Resources with a copy of any application for a special use permit, where a hearing is to be held to consider the application, not less than ten days before the date of the hearing.
(E) The Board of Adjustment may require the applicant to furnish additional materials including, but not limited to:
(1) A typical valley cross-section showing the channel of the stream, elevation of the land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information; and
(2) A profile showing the slope of the bottom of the channel of flow line of the stream for at least 500 feet in either direction from the proposed development.
(F) The Board of Adjustment may transmit the assembled information to a designated engineer or other expert person or agency for technical assistance to determine if the proposed use is in fact within the area subject to inundation by the regulatory flood, whether the use is located in a floodway of flood fringe area determined consistent with the standards of Minnesota Regulations NR 87(d), the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. Based on these technical determinations, the Board of Adjustment shall determine the compliance of the proposed use with the standards established by § 151.06 of this chapter, Minnesota Regulations NR 85-93, and all other codes and regulations. The Board of Adjustment may deny, conditionally permit or permit the proposed use. A copy of all decisions granting a special use permit shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
(G) A subdivider shall submit copies of a preliminary sketch plan for any plat to the city. The sketch plans shall include topographic information deemed necessary by the city; zoning classification; acreage to be subdivided; lot number and boundaries; location of rivers, streams, creeks, lakes and ponds; highest known water elevation, if available; property lines; existing end proposed service facilities such as roads, sewage disposal systems, water supply, drainage facilities, lands to be reserved or dedicated or reserved for open space use; and draft of proposed restrictive covenants, if any, to be imposed. The city shall determine, based upon existing data sources, whether the proposed development may be subject to flooding by the regulatory flood. If there is reasonable possibility of flooding, the city shall make more precise evaluations of flooding threats similar to those specified for special use permits above and determine compliance of the proposed subdivision with standards established by this chapter. The city shall approve, deny or conditionally approve the preliminary plat within 30 days.
(H) The final plat must conform substantially to the preliminary plat as approved. The final plat must show “as built” conditions except in instances where a subdivider is permitted to post a bond in lieu of installing improvements. The plat shall conform to the provisions of M.S. § 505.08, as it may be amended from time to time and shall include all information shown on the preliminary plat except contour lines, shall show flood data specified in § 151.07 of this chapter, and shall include plans for sanitary sewers, drainage systems, water supply systems, flood protective works, roads, parks and other facilities, and shall show parks, roads and other areas dedicated to the public. No plat may be approved until a public hearing has been held, after due notice has been given for the hearing. The city shall approve, deny or conditionally approve the proposed final plat within 30 days of submission.
(I) When duly signed, witnessed, certified and acknowledged, as provided in M.S. § 505.03, as it may be amended from time to time, the plat shall be filed in the office of the City Clerk.
(Prior Code, § 1101.08) Penalty, see § 10.99