(A) The Code Official designated in § 153.003 of this chapter shall administer and enforce this subchapter. If the Zoning Administrator finds a violation of the provisions of this subchapter, he or she shall notify the person responsible for the violation, indicating the nature of the violation, and ordering the action necessary to correct it, as further specified in § 153.004(E) of this chapter.
(B) All uses shall obtain a use permit in accordance with the following standards:
(1) A use permit issued by the Zoning Administrator in conformity with the provisions of this subchapter shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof; prior to the change or extension of a non-conforming use; and prior to the placement of fill or excavation of materials within the floodplain;
(2) Application for a use permit shall be made to the Zoning Administrator simultaneous to applying for a building permit on forms furnished by him or her and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation of the channel;
(3) Prior to granting a use 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;
(4) Use permits, conditional use permits or certificates of occupancy issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangements or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by § 153.006 of this chapter. 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 subchapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect;
(5) Certificate of zoning compliance for a new, altered or non-conforming 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 of 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 subchapter. Where a non-conforming use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the non-conforming structure or use differs from the provision of this chapter; and
(6) The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alteration or additions to existing structures in the floodplain districts. He or she shall also maintain a record of the elevations to which structures and alterations or additions to structures are flood-proofed.
(C) Variances shall be heard and handled by the Board of Appeals and Adjustment as provided in § 153.020 of this chapter. The following items shall also be provided in all variance requests in the Floodplain Zoning District.
(1) No variance shall have the effect of allowing in any district uses prohibited in that district; permit a lower degree of flood protection than the regulatory flood protection elevation for the particular areas, or permit standards lower than those required by state law. In granting a variance, the Board may prescribe appropriate conditions and safeguards including, but not limited to, those specified in division (D)(4) below, which are in conformity with the purposes of this subchapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 153.006 of this chapter.
(2) The Board of Appeals and Adjustments shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting variances shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
(3) (a) The Zoning Administrator shall 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. The construction below the 100-year or regional flood level increases risks to life and property.
(b) The notification shall be maintained with a record of all variance actions. A community 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.
(4) A certified copy of all variances granted shall be recorded in the office of the County Recorder.
(1) A copy of the conditional use request shall be submitted to the Commissioner of Natural Resources sufficiently in advance so as to allow adequate review which in all cases shall be at least ten days prior to the scheduled hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
(2) Procedures for evaluating proposed conditional uses within the Floodplain (FP) District.
(a) Upon receipt of an application for a conditional use permit for a use within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Council and Planning Commission for the determination of the regulatory flood protection elevation, and whether the proposed use is located in the floodway or the flood fringe:
1. A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development and high water information;
2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type;
3. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development;
4. Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the channel; and
5. Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
(b) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe, the regulatory flood protection elevation, project effects on flood velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. Procedures consistent with Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 6120.5600 and 6120.5700) shall be followed in this expert evaluation. The designated engineer or expert shall:
1. Estimate the peak discharge of the regional flood;
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over bank areas; and
3. Compute the floodway necessary to convey the regional flood without increasing flood stages more than one-half foot. An equal degree of encroachment on both sides of the stream within the reach shall be assumed.
(c) Based upon the technical evaluation of the designated engineer or expert, the Council and Planning Commission shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site.
(3) In passing upon conditional use permit applications, the Council and Planning Commission shall consider all relevant factors specified in other sections of this chapter, and:
(a) The 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 and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(e) The importance of the services provided by the proposed facility to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of alternative locations not subject to flooding for the proposed use;
(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 Plan and floodplain 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; and
(l) Such other factors which are relevant to the purposes of this subchapter.
(4) Upon consideration of the factors listed above and the purpose of this chapter, the Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to, the following:
(a) Modification of waste disposal 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, dikes, levees and other protective measures; and
(e) Flood-proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(5) A certified copy of all conditional use permits shall be recorded in the office of the County Recorder.
(E) 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, at or above the elevation of the regional flood and is continuous to land outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. All amendments to this subchapter including amendments to the Official Zoning Map as it relates to floodplain areas must be submitted to and approved by the Commissioner of Natural Resources and Federal Emergency Management Agency.
(F) When violation of the floodplain provisions are 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 community’s plan of action to correct the violation to the degree possible.
(Prior Code, § 11.10)