(A) Administration.
(1) Zoning Administrator. The Zoning Administrator or other official designated by the governing body shall administer and enforce this part. If the Zoning Administrator finds a violation of the provisions of this part, the Zoning Administrator shall notify the person responsible for the violation in accordance with the procedures stated in §§ 10.90 and 10.98
of this Code of Ordinances.
(2) Permit, certification, and record-keeping requirements.
(a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this part shall be secured prior to the erection, addition 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.
(b) Application for permit. Application for a permit shall be submitted to the Zoning Administrator, on forms furnished by the Zoning Administrator, and shall include the following where applicable:
1. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state, or federal permits or approvals.
4. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
(c) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
(d) 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 Zoning Administrator, stating that the use of the building or land conforms to the requirements of this part.
(e) 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 part. Floodproofing measures shall be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in the State Building Code. Accessory structures designed in accordance with § 151.03.33 are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevations, and development in the general Floodplain Overlay District will not cumulatively increase flood stages more than one-half foot, or less if increased damages would result.
(f) Recordkeeping.
1. The Zoning Administrator shall maintain records in perpetuity documenting all certifications referenced in
subsection
(A)(2)(e) of this section as applicable.
2. The Zoning Administrator shall maintain records in perpetuity documenting elevations complying with § 151.03.33. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.
(g) Notifications for watercourse alterations. In riverine situations, the Zoning Administrator shall notify adjacent communities 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. Chapter 103G, as amended, this shall suffice as adequate notice. A copy of the notification shall also be submitted to the Chicago Regional Office of FEMA.
(h) Notification to FEMA when physical changes increase or decrease the regional flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or scientific data.
(3) Amendments.
(a) Floodplain designation. The floodplain designation on the official zoning map shall 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 Department of Natural Resources if it is determined that, through other measures, lands are adequately protected for the intended use.
(b) Required approval. All amendments to this part, including amendments to the official zoning map, must be submitted to and approved by the Department of Natural Resources prior to adoption.
(c) Map revisions. The Floodplain Overlay District regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in this part.
(4) Appeals and variances; duties of the Board of Adjustment.
(a) Application. An application for a variance to the provisions of this part shall be processed and reviewed in accordance with applicable state statutes and § 151.06.13.
(b) Submittal of hearing notices. The Zoning Administrator shall submit hearing notices for proposed variances to the Department of Natural Resources 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 area hydrologist.
(c) Adherence to state floodplain management standards. A variance shall not allow a use that is now 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.
(d) Additional criteria. The following additional variance criteria of FEMA must be satisfied:
1. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the regional flood discharge would result.
2. Variances shall 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 shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(e) Flood insurance notice.
1. The Zoning Administrator shall notify the applicant for a variance that:
a. The issuance of a variance to construct a structure below the regional flood level will result in increased premium rates for flood insurance; and
b. Such construction below the regional flood level increases risks to life and property.
2. Such notification shall be maintained with a record of all variance actions.
(f) General considerations. The community may consider the following variables, and consider imposing conditions on variances and conditional uses:
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 proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination, and unsanitary conditions;
4. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;
5. The importance of the services to be provided by the proposed use to the community;
6. The requirements of the facility for a waterfront location;
7. The availability of viable alternative locations for the proposed use that are not subject to flooding;
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
9. The relationship of the proposed use to the Comprehensive Land Use Plan and floodplain management program for the area;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
(g) Submittal of final decision. A copy of all decisions granting variances shall be forwarded to the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the area hydrologist.
(h) Recordkeeping. The Zoning Administrator shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program when requested by the Federal Emergency Management Agency.
(5) Conditional uses.
(a) Review. An application for a conditional use permit under the provisions of this part shall be processed and reviewed in accordance with § 151.06.14.
(b) Factors used in decision-making. In passing upon conditional use applications, the city shall consider all relevant factors specified in other sections of this chapter, and those factors specified in
subsection
(A)(3)(b) of this section.
(c) Conditions attached to conditional use permits. In addition to the standards identified in § 151.06.14, the City Council shall attach conditions to the granting of conditional use permits as it deems necessary to fulfill the purpose of this part. The 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; and
3. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(d) Submittal of hearing notices. The Zoning Administrator shall submit hearing notices for proposed conditional uses to the Department of Natural Resources 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 area hydrologist.
(e) Submittal of final decisions. A copy of all decisions granting conditional uses shall be forwarded to the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the area hydrologist.
(B) Violations and penalties.
(1) Penalties for violation. Violation of the provisions of this part or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(2) Other remedies. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(3) Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of §§ 10.90 and 10.98 of the Zoning Ordinance. In responding to a suspected ordinance violation, the city may utilize the full array of enforcement actions available to it 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 ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(Ord. 20220120-01, passed 1-20-22)