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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)
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)
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)
Subd. 1. Floodplain designation - restrictions on removal. The floodplain designation on the floodplain maps must 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 Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
Subd. 2. Amendments require DNR approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.
Subd. 3. Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 1101.02 Subd. 3. of this chapter.
(Ord. 534, passed 10-24-2016)
1101.14 VIOLATIONS.
Subd. 1. 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) shall constitute a misdemeanor and shall be punishable as defined by law.
Subd. 2. Nothing herein contained shall prevent the City of Shorewood from taking other lawful action as is necessary to prevent or remedy any violation. The actions may include but are not limited to:
a. In responding to a suspected ordinance violation, the Zoning Administrator and Shorewood 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. Shorewood 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.
b. When an ordinance violation is 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 Shorewood’s plan of action to correct the violation to the degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, then the Zoning Administrator may either:
(1) Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or
(2) Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this chapter.
(1987 Code, § 1101.14)