(A) Duties. A Zoning Administrator or other official must administer and enforce this chapter.
(1) Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:
(a) A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.
(b) Location and detail of grading, fill, or storage of materials.
(c) Compensatory storage calculations for projects in the Interior Ponding Areas of the Flood Fringe District.
(d) Copies of any required local, state or federal permits or approvals.
(e) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
(2) Record keeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:
(a) All certifications for dry floodproofing, where applicable.
(b) Analysis of no-rise in the Floodway District, as detailed in § 153.05(B), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District.
(c) 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.
(d) Substantial damage and substantial improvement determinations, as detailed in § 153.11, including the cost of improvements, repairs, and market value.
(e) All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.
(3) 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.
(4) 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.
(5) 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 of North Mankato 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.
(B) Variances.
(1) Variance applications. 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.
(2) Adherence to state floodplain management standards. Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law. Though variances may be used to modify permissible methods of flood protection, no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).
(3) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(a) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(b) Variances may only be issued by a community upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
3. 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.
(4) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) Flood insurance notice. 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. Such notification must be maintained with a record of all variance actions.
(6) Considerations for approval. The community may consider the following factors in granting variances and imposing conditions on variances in floodplain districts:
(a) The potential 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 safety of access to the property in times of flood for ordinary and emergency vehicles.
(7) Conditions of approval. The city may attach such conditions to the granting of variances as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(a) Limitations on period of use, occupancy, and operation.
(b) Imposition of operational controls, sureties, and deed restrictions.
(c) The prevention of soil erosion or other possible pollution of public waters, both during and after construction.
(d) Other conditions as deemed appropriate by the Zoning Administrator, Planning Commission and City Council.
(C) Notifications to the Department of Natural Resources.
(1) All notices of public hearings to consider variances under this chapter must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.
(2) A copy of all decisions granting variances under this chapter must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within ten days of final action.
(Ord. 151, 4th Series, passed 9-6-2022)