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(A) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this subchapter.
(B) Permit requirements.
(1) Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
(a) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this subchapter.
(b) The use or change of use of a building, structure, or land.
(c) The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this subchapter.
(d) The change or extension of a nonconforming use.
(e) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(f) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
(g) Relocation or alteration of a watercourse, unless a public waters work permit has been applied for.
(h) Any other type of “development” as defined in this subchapter.
(2) Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
(a) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
(b) Location of fill or storage of materials in relation to the stream channel.
(c) Copies of any required municipal, county, state or federal permits or approvals.
(d) Other relevant information requested by the Zoning Administrator as necessary to property evaluate the permit application.
(3) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this subchapter.
(4) Certification. The applicant is 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 subchapter. Floodproofing measures must be certified by a registered professional engineer or registered architect.
(5) Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain, The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
(6) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, as it may be amended from time to time, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(7) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(8) Variance applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and § 154.172 of this chapter.
(9) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(10) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b) Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(11) Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(12) General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
(a) The potential danger to life and property due to increased flood heights or velocities caused by encroachments;
(b) The danger that materials may be swept onto other lands or downstream to the injury of others;
(c) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;
(d) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
(e) The importance of the services to be provided by the proposed use to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of viable alternative locations for the proposed use that are not subject to flooding;
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the comprehensive land use plan and flood plain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(13) Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten-days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(14) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(15) Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(D) Conditional uses.
(1) Administrative review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with § 154.170 of this chapter.
(2) Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in division(C)(12) above.
(3) Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfil! the purposes of this subchapter. Such conditions may include, but are not limited to, the following:
(a) Modification of waste treatment and water supply facilities.
(b) Limitations on period of use, occupancy, and operation.
(c) Imposition of operational controls, sureties, and deed restrictions.
(d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(e) Floodproofing measures, in accordance with the state building code and this subchapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(4) Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten-days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(5) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(Ord. 14-0729, passed 6-10-2014)
A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this subchapter may be continued subject to the following conditions. Historic structures, as defined in § 154.087 above, are subject to the provisions of divisions (A) to (E) of this section.
(A) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(B) Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (C) through (G) below.
(C) The cost of ail structural alterations or additions to any nonconforming structure over the life of the structure may 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 must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of §§ 154.089 and 154.090 above for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(D) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.
(E) If any nonconformity is substantially damaged, as defined in § 154.087 above, it may not be reconstructed except in conformity with the provisions of this subchapter. The applicable provisions for establishing new uses or new structures in §§ 154.089 and 154.090 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(F) If any nonconforming use or structure experiences a repetitive loss, as defined in § 154.087 above, it must not be reconstructed except in conformity with the provisions of this subchapter.
(G) Any substantial improvement, as defined in § 154.097 above, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of §§ 154.089 and 154.090 of this subchapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
(Ord. 14-0729, passed 6-10-2014)
(A) It is unlawful for any person to violate the provisions of this subchapter or fail to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or conditional uses.
(B) Nothing herein contained shall prevent the Council from taking other lawful action as is necessary to prevent or remedy any violation. These actions may include, but are not limited to, the following.
(1) In responding to a suspected violation, the Zoning Administrator and the Council may utilize the full array of enforcement actions available to them, including, but not limited to, prosecution and fines, 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 city must act in good faith to enforce these official controls and to correct violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2) When a 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 the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency regional office along with the city’s plan of action to correct the violation to the degree possible.
(3) The Zoning Administrator shall notify the suspected party of the requirements of this subchapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure 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 city. If the construction or development is already completed, then the Zoning Administrator may either:
(a) 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
(b) Notify the responsible party to apply for an after-the-fact permit or development approval within a specified period of time not to exceed 30 days.
(4) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this subchapter 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 which existed prior to the violation of this subchapter.
(2004 Code, § 154.098) (Ord. 464, passed 1- -1996; Ord. 98-223, passed 5-12-1998) Penalty, see § 154.999
(A) Floodplain designation; restrictions on removal. The floodplain designation on the official zoning map must not be removed from floodplain areas 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 the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(B) Amendments require DNR approval. All amendments to this ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
(C) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 154.086(C) above.
(2004 Code, § 154.099) (Ord. 464, passed 1- -1996; Ord. 98-223, passed 5-12-1998; Ord. 14-0729, passed 6-10-2014)
DEVELOPMENT STANDARDS
Bed and breakfast establishments (“the establishment”) may be allowed as a conditional use in the city by permit as provided by the zoning and land use regulations established by the city, if the following conditions are met.
(A) The owner or resident manager of the establishment shall operate and reside at the facility.
(B) The establishment shall conform to State Health and Building Code requirements.
(C) The establishment’s owner must furnish evidence that licenses required by the state either have been issued or will be issued before commencing operation.
(D) The establishment shall be limited to five guest rooms.
(E) Guests shall not stay at the establishment for more than 30 days within any 90-day period.
(F) The establishment shall provide a minimum of one off-street automobile parking space for each guest room and one off-street automobile parking space for the owner of the establishment.
(G) Identifying signs for the establishment shall be no more than 20 square feet in total, located on the building and consistent with the character of the building.
(H) No cooking or cooking facilities shall be allowed or provided in the establishment’s guest rooms.
(I) Meals shall be provided only to overnight guests of the establishment. The City Council may approve, at its sole discretion, the provision of meals for non-guests for special events such as banquets or family gatherings, but only if adequate parking is provided and no increase in traffic volume will occur as a result of the special event. Approval may be limited to a single event or on an annual basis.
(J) The City Council may, at its sole discretion, waive parking and other non-health and safety requirements of land use and zoning ordinances of the city for facilities listed on the National Register of Historic Places.
(2004 Code, § 154.110) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
(A) Motor fuel stations are subject to submission of a site plan conforming to the design standards in this section and a statement agreeing to the performance of those standards.
(B) The design standards are as follows.
(1) The parcel of land shall not be less than 150 feet wide and 125 feet deep with one side facing on an arterial, minor arterial or collector street.
(2) No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a local street shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 32 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope greater than one-quarter inch per foot; and no more than three curb cuts shall be permitted.
(3) The pump islands shall observe the required front yard setback, 15 feet or more of which shall be landscaped and protected by a curb at least six inches high except for approved driveway crossings.
(4) All of the area of the parcel, except that covered by buildings and landscaping, shall be hard surfaced to control dust and drainage. Drainage and surfacing plans are to be approved by the City Engineer.
(5) An eight-foot tall, 100% opaque fence shall be installed and maintained along the property line where that line abuts a residentially zoned parcel. There shall be a five-foot wide strip of land on the residential side of the fence landscaped with a combination of deciduous and coniferous plants approved by the city’s Planning Commission. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
(6) A minimum of four parking spaces for each service stall shall be provided, none of which are within the service drives for the pumps nor within the required front yard; also, should the motor fuel station be a combined business, the portion of the site and structure devoted to the other business shall be calculated independently for determining parking to be provided.
(7) All lights shall be so located or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
(8) The sale or rental of trailers, autos, campers, boats or other merchandise requiring outside storage shall be considered a separate business, shall be approved as a separate business and shall not occupy the minimum area required to conduct a motor fuel station.
(9) No obstructions shall be placed in the public right-of-way, handicapped ramps, parking stalls or access drives.
(10) A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
(11) Provisions shall be made for on-lot receptacles for the storage of trash in areas which are screened from the public view.
(12) Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
(13) All fuel storage tanks shall be placed in conformance with state fire codes and so located that they may be serviced without the truck extending beyond the property line.
(2004 Code, § 154.111) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
(A) Car washes are subject to the submission of a site plan conforming to the design standards in this section and a statement agreeing to the performance of those standards.
(B) The design standards are as follows.
(1) The minimum lot width shall be 125 feet at the front yard building setback line.
(2) No curb cut on an arterial or collector street shall be within 75 feet and no curb cut on a non-major thoroughfare shall be within 25 feet of the intersection of the project curb lines; no curb cut shall exceed 28 feet at the sidewalk line; the driveway installed with a curb cut shall not cause the public sidewalk to slope greater than one-quarter inch per foot; and no more than two curb cuts shall be permitted on any one public street.
(3) A side and rear yard setback of five feet shall be maintained between the parking area and any lot line adjacent to general commercial or industrial districts. A side and rear setback of 25 feet shall be maintained between any parking area and any lot line adjacent to Neighborhood Commercial (C-1) Districts. A side and rear yard setback of 50 feet shall be maintained between any parking area and any lot line adjacent to all residential and multiple zoning districts.
(4) An eight-foot decorative fence, or a 15-foot wide planting strip and three-foot decorative fence, shall be installed and maintained along the property line where that line abuts a residentially zoned parcel. Should the planting strip and fence combination be selected, the proposed planting plan shall be approved by the city. Should the abutting area be zoned residential, a 50-foot setback is to be provided between the property line and any principal or accessory structure.
(5) Parking shall be provided in accordance with App. B to this chapter.
(6) Interior curbs shall be constructed within the property lines to separate driving and parking surfaces from landscaped areas. Interior curbs required by this section shall be a normal six inches in height.
(7) All lights shall be so located or shielded that the resulting light pattern does not extend into abutting residential lots or the public right-of-way beyond the intensity of one foot-candle.
(8) Selling or storage of commodities or services (including gasoline sales) other than as defined in this section shall be conducted in conformance with the requirements of the zoning district in which the car wash is located.
(9) All washing facilities shall be completely within an enclosed building.
(10) A perspective drawing, including elevations, shall be submitted for approval which indicates an architectural style compatible with adjacent existing or proposed developments.
(11) Provisions shall be made for on-lot receptacles for the storage of trash in areas which are screened from the public view.
(12) Vacuuming facilities shall not be located along public streets and shall be completely screened from public streets and adjacent property.
(13) Where vending machines are proposed as an accessory use, they shall be incorporated into the design of the structure.
(14) Where gasoline sales are involved, all fuel storage tanks shall be placed in compliance with the State Fire Code underground and so located that they may be serviced without the tank trunk extending beyond the property line. Where gasoline sales are also involved, compliance with service station requirements must be met.
(15) All wash water disposal facilities including sludge, grit removal and disposal equipment shall be subject to the approval of the City Engineer and shall conform with all city ordinances regarding sewage and health provisions, and shall be designed so as not to affect detrimentally the city sewer system. A flammable waste trap is required.
(2004 Code, § 154.112) (Ord. 464, passed 1- -1996) Penalty, see § 154.999
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