A. Application And Interpretation:
1. Application Of Provisions: This article shall apply to all lands within the jurisdiction of the city as shown on the official zoning map as being within the boundaries of the floodway or flood fringe district.
2. Minimum Requirements: In their interpretation and application, the provisions of this article shall be held to be minimum requirements, and this article shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
3. District Boundaries: The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the districts as shown on the official zoning map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of adjustments and appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence.
4. Abrogation And Greater Restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
B. Compliance Required: No new structure or land shall hereafter be used and no new or existing structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses within sections 10-13D-7-1 and 10-13D-7-2 of this article, respectively, shall be prohibited. In addition, a caution is provided herein that:
1. New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this article and, specifically, section 10-13D-12 of this article;
2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and, specifically, subsection D of this section; and
3. As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and, specifically, as stated in subsection 10-13D-13B5 of this article.
C. Zoning Map Adopted: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this article. The attached material shall include the flood insurance study for Dakota County, Minnesota, and incorporated areas, flood insurance rate map panels therein numbered 27037C0043E, 27037C0107E, 27037C0109E, 27037C0117E and 27037C0119E and the flood insurance rate map index (map number 27037CIND4A), all dated December 2, 2011, and prepared by the federal emergency management agency. The official zoning map shall be on file in the office of the city clerk and the zoning administrator.
D. Nonconforming Uses: A structure or the use of a structure or premises which was lawful before the effective date hereof but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures as defined in 44 code of federal regulations, part 59.1, shall be subject to the provisions of subsections D1 through D6 of this section:
1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
2. 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 shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsection D3 of this section.
3. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 10-13D-7-1 or 10-13D-7-2 of this article for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry floodproofing requirements of section 10-13D-7-1 or 10-13D-7-2 of this article for new structures if any alteration is made to the common wall in excess of installing a standard doorway.
4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this article. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of twelve (12) months.
5. If any nonconforming use or structure is substantially damaged, as defined in section 10-2-2 of this title, it shall not be reconstructed except in conformity with the provisions of this title. The applicable provisions for establishing new uses or structures in sections 10-13D-7-1 and 10-13D-7-2 of this article will apply, depending upon whether the use or structure is in the floodway or flood fringe, respectively.
6. If a "substantial improvement" occurs, as defined in section 10-2-2 of this title, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of sections 10-13D-7-1 and 10-13D-7-2 of this article for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.
E. Warning And Disclaimer Of Liability: This article does not imply that areas outside the floodplain districts, or land uses permitted within such districts, will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.
F. Annexations: The flood insurance rate map panels adopted by reference into subsection C of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Inver Grove Heights at the time of adoption of this article. If any of these floodplain land areas are annexed into the city of Inver Grove Heights after the adoption date hereof, the newly annexed floodplain lands shall be subject to the provisions of this article immediately upon the date of annexation into the city of Inver Grove Heights. (Ord. 1243, 10-24-2011)