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1101.06 GENERAL FLOODPLAIN DISTRICT (GF).
Subd. 1.   Permitted uses.
      a.   The uses listed in § 1101.04 Subd. 1. of this chapter, Floodway District permitted uses, are permitted uses.
      b.   All other uses are subject to the floodway/flood fringe evaluation criteria specified in § 1101.06 Subd. 2. below. Section 1101.04 applies if the proposed use is determined to be in the Floodway District. Section 1101.05 applies if the proposed use is determined to be in the Flood Fringe District.
Subd. 2.   Procedures for floodway and flood fringe determinations.
      a.   Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.
      b.   If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Subd. 2.c. below.
      c.   The determination of floodway and flood fringe must include the following components, as applicable:
         (1)   Estimate the peak discharge of the regional (1% chance) flood.
         (2)   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.
         (3)   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries.
      d.   The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.
      e.   Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of §§ 1101.04 and 1101.05 of this chapter.
(Ord. 534, passed 10-24-2016)
1101.07 LAND DEVELOPMENT STANDARDS.
Subd. 1.   In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this chapter apply to all land within the city.
Subd. 2.   Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
      a.   All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
      b.   All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
      c.   For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.
      d.   In the General Floodplain District, applicants must provide the information required in § 1101.06 Subd.2. of this chapter to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
      e.   If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that:
         (1)   All such proposals are consistent with the need to minimize flood damage within the flood prone area;
         (2)   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
         (3)   Adequate drainage is provided to reduce exposure of flood hazard.
Subd. 3.   Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:
      a.   Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
      b.   Constructed with materials and utility equipment resistant to flood damage;
      c.   Constructed by methods and practices that minimize flood damage; and
      d.   Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(Ord. 534, passed 10-24-2016)
1101.08 PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES.
Subd. 1.   Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.
Subd. 2.   Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with §§ 1101.04 and 1101.05 of this chapter. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
Subd. 3.   On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Part 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Part 7080.2270, as amended.
(Am. Ord. 534, passed 10-24-2016)
1101.09 MANUFACTURED HOMES AND PLACEMENT OF RECREATIONAL VEHICLES.
Subd. 1.   Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply:
      a.   Placement or replacement of manufactured home units is prohibited in the Floodway District.
      b.   If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of § 1101.05 of this chapter. New and replacement manufactured homes must be elevated in compliance with § 1101.05 of this chapter and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
Subd. 2.   Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this chapter.
      a.   Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the following areas and meet the criteria listed in § 1101.09 Subd. 2.b.:
         (1)   Individual lots or parcels of record;
         (2)   Existing commercial recreational vehicle parks or campgrounds; or
         (3)   Existing condominium-type associations;
      b.   Criteria for exempt recreational vehicles:
         (1)   The vehicle must have a current license required for highway use;
         (2)   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;
         (3)   No permanent structural type additions may be attached to the vehicle; and
         (4)   The vehicle and associated use must be permissible in any pre-existing, underlying zoning district.
         (5)   Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in § 1101.09 Subd. 2.b.
         (6)   An accessory structure must constitute a minimal investment.
      c.   Recreational vehicles that are exempt in § 1101.09 Subd. 2.b. lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of § 1101.05 of this chapter. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
(Ord. 534, passed 10-24-2016)
1101.10 ADMINISTRATION.
Subd. 1.   Zoning administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this chapter.
Subd. 2.   Permit requirements.
      a.   Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
         (1)   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. 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 change or extension of a nonconforming use;
         (4)   The repair of a structure that has been damaged by flood, fire, tornado, or any other source;
         (5)   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain;
         (6)   Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for; or
         (7)   Any other type of DEVELOPMENT as defined in this chapter.
      b.   Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as 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.   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 use of the building or land conforms to the requirements of this chapter.
      d.   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. Floodproofing measures must be certified by a registered professional engineer or registered architect.
      e.   Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.
      f.   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 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 months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
Subd. 3.   Variances.
      a.   Variance applications. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 1201.05 of the zoning code.
      b.   Adherence to state floodplain 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 by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
         (2)   Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) 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; and
         (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 Zoning Administrator 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 $25 for $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 community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
         (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; and
         (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 Zoning Administrator must submit hearing notices for proposed variances to the DNR 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 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 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 Zoning Administrator 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.
Subd. 4.   Conditional uses.
      a.   Administrative review. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with this zoning code.
      b.   Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this chapter, and those factors identified in § 1101.10 Subd. 3.e. of this chapter.
      c.   Conditions attached to conditional use permits. The 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)   Modification of waste treatment and water supply facilities;
         (2)   Limitations on period of use, occupancy, and operation;
         (3)   Imposition of operational controls, sureties, and deed restrictions;
         (4)   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures; and
         (5)   Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
      d.   Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR 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 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 days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(Ord. 534, passed 10-24-2016)
1101.11 NONCONFORMITIES.
Subd. 1.   Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. HISTORIC STRUCTURES, as defined in § 1101.02 Subd. 9. of this chapter, are subject to the provisions of a. through f. below.
      a.   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in b. below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
      b.   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in c. through g. below.
      c.   If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of §§ 1101.04 or 1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor.
      d.   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.
      e.   If any nonconformity is substantially damaged, as defined in § 1101.02 Subd. 9. of this chapter, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 1101.04 or 1101.05 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
      f.   If any nonconforming use or structure experiences a repetitive loss, as defined in § 1101.02 Subd. 9. of this chapter, it must not be reconstructed except in conformity with the provisions of this chapter.
      g.   Any substantial improvement, as defined in § 1101.02 Subd. 9. of this chapter, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of §§ 1101.04 or 1101.05 of this chapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
(Ord. 534, passed 10-24-2016)
1101.12 PENALTIES AND ENFORCEMENT.
Subd. 1.   Violation constitutes a misdemeanor. Violation of the provisions of this chapter 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) constitute a misdemeanor and will be punishable as defined by law.
Subd. 2.   Other lawful action. Nothing in this chapter restricts 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.
Subd. 3.   Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of this zoning code. In responding to a suspected ordinance violation, the Zoning Administrator and City Council 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. 534, passed 10-24-2016)
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