ADMINISTRATION

§ 151.120 DUTIES.

   A Zoning Administrator or other official must administer and enforce this chapter.

   (A)   Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:

      (1)   A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

      (2)   Location and detail of grading, fill, or storage of materials.

      (3)   Copies of any required local, state or federal pennits or approvals.

      (4)   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

   (B)   Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:

      (1)   All certifications for dry floodproofing and alternative elevation methods, where applicable.

      (2)   Analysis of no-rise in the Floodway District, as detailed in § 151.046(A), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in §§ 151.076(B) and 151.077(A).

      (3)   Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

      (4)   Substantial damage and substantial improvement determinations, as detailed in § 151.130(C), including the cost of improvements, repairs, and market value.

      (5)   All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

   (C)   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 finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this chapter.

   (D)   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 in accordance with M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.

   (E)   Notification to FEMA when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the city must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than one-half foot.

(Ord. 406, passed 11-27-1989; Ord. 607, passed 7-8-2024)

§ 151.121 CONDITIONAL USES AND VARIANCES.

   (A)   Process.

      (1)   An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this chapter.

      (2)   An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with M.S.§ 462.357, subd. 6(2) and this chapter.

   (B)   Additional variance criteria. The following additional variance criteria must be satisfied:

      (1)   Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

      (2)   Variances from the provisions of this chapter may only be issued by a community upon:

         (a)   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 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.

      (3)   Variances from the provisions in this chapter may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      (4)   Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

      (5)   Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).

      (6)   The Zoning Administrator must notify the applicant for a variance in writing 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 up to amounts as high as $25 for $100 of insurance coverage; and

         (b)   Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.

   (C)   Considerations for approval. The city must consider all relevant factors specified in other sections of this chapter in granting variances and conditional use permits, including the following:

      (1)   The potential 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.

      (3)   The safety of access to the property in times of flood for ordinary and emergency vehicles.

   (D)   Conditions of approval. The city may attach such conditions to the granting of variances and conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:

      (1)   Limitations on period of use, occupancy, and operation.

      (2)   Imposition of operational controls, sureties, and deed restrictions.

      (3)   The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

      (4)   Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission, and City Council.

(Ord. 406, passed 11-27-1989; Ord. 607, passed 7-8-2024)