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New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any flood plain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the flood plain must be travel ready, meeting the following criteria:
(A) The vehicle must have a current license required for highway use.
(B) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
(C) No permanent structural-type additions may be attached to the vehicle.
(Ord. 481, passed 2-16-2021)
ADMINISTRATION
(A) Administrative permit required. An administrative permit must be obtained from the Community Development Director, or his/her designee, or other official designated by the City Council prior to conducting the following activities:
(1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof located within any flood plain district. 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 chapter.
(2) The use or change of use of a building, structure, or land.
(3) The construction of a dam or fence that blocks flood flows, or on-site septic system (in conjunction with any other permits required by the city).
(4) The change or extension of a non-conforming use.
(5) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(6) The placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.
(7) Any other type of development as defined in this section not otherwise considered a conditional use.
(B) Application for administrative permit. Applications for administrative permits must be submitted to the Community Development Director on forms provided by the Community Development Director. Applications shall include the following materials as applicable:
(1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the application.
(2) Location of fill or storage of materials in relation to a stream channel.
(3) Copies of any required municipal, county, state, or federal permits or approvals.
(4) Other relevant information requested by the Community Development Director, or his/her designee, as necessary to properly evaluate the permit application.
(C) 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 chapter. Flood proofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable flood proofing standards in the State Building Code. Accessory structures designed in accordance with § 152.051(B) of this chapter are exempt from certification, provided sufficient assurances are documented.
(D) 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 Community Development Director, or his/her designee, stating that the use of the building or land conforms to the requirements of this chapter.
(E) Record keeping of first floor elevation, certifications, and as-built documentation. The Community Development Director must maintain records in perpetuity documenting:
(1) The elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Community Development Director shall also maintain a record of the elevations to which structures and alterations or additions to structures are flood proofed.
(2) All certifications referenced in § 152.111(C) of this chapter as applicable.
(3) Elevations complying with § 152.051(A) of this chapter. The Community Development Director must also maintain a record of the elevation to which structures and alterations to structures are constructed or flood proofed.
(F) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Community Development Director, or his/her designee, must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, 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).
(G) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Community Development Director, or his/her designee, must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(Ord. 481, passed 2-16-2021)
(A) Application for variance. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 150.035 of the Zoning Code.
(B) Adherence to state flood plain 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.
(C) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency 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 may only be issued upon:
(a) A showing of good and sufficient cause; and
(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 may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) Flood insurance notice. The Community Development Director, or his/her designee, 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 twenty-five dollars ($25) for one hundred dollars ($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.
(E) General considerations. The Planning Commission and City Council shall consider the following factors in granting and imposing conditions on variances to flood plain requirements:
(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 flood plain 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 flood waters expected at the site.
(F) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(G) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(H) Record-keeping. The Community Development Director, or his/her designee, 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.
(Ord. 481, passed 2-16-2021)
(A) Application for conditional use. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 150.036 of the Zoning Code.
(B) Factors used in decision-making. The Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter and the following factors in granting and imposing conditions on 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 flood plain 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 flood waters expected at the site.
(C) Conditions attached to conditional use permits. In addition to the standards identified in §§ 152.043 and 152.053, the Planning Commission and City Council may attach such conditions to the granting of 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) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(D) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(E) Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
(Ord. 481, passed 2-16-2021)
NONCONFORMITIES
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