(A) Statutory authorization, findings of fact and purpose.
(1) Statutory authorization. The legislature of the state has, in M.S. Chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows:
(2) Findings of fact.
(a) The flood hazard areas of Stacy, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(b) Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
(c) National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.
(3) Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in division (A)(2) by provisions contained herein.
(B) General provisions.
(1) Lands to which section applies. This section shall apply to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the General Floodplain District.
(2) Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the Flood Insurance Study, Chisago County, Minnesota and Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27025C0250D, 27025C0275D, and 27025C0375D, 27025C0350D, all dated April 17, 2012 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the City Clerk.
(3) Regulatory flood protection elevation. The regulatory flood protection elevation shall be an elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
(4) Interpretation.
(a) In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the City Council shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence.
(5) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(6) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
(7) Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all 4 sides, regardless of the depth of excavation below ground level.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study, Chisago County, Minnesota and Incorporated Areas.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement).
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term “recreational vehicle.”
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
PRINCIPAL USE or STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between 2 consecutive bridge crossings would most typically constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term RECREATIONAL VEHICLE shall be synonymous with the term “travel trailer/travel vehicle.”
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term "base flood" used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. The regulatory flood protection elevation shall be an elevation no lower than 1 foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in division (I)(3)(a) of this section and other similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. For the purpose of this section, HISTORIC STRUCTURE shall be as defined in 44 C.F.R. 59.1.
VARIANCE. A modification of a specific permitted development standard required in an official control including this section to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation.
(8) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(2) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the city.
(C) Establishment of zoning districts.
(1) General Floodplain District. The General Floodplain District shall include those areas designated as Zone A on the Flood Insurance Rate Map adopted in division (B)(2) herein. The General Floodplain District shall be considered an overlay zoning district to all existing land use districts in this community. The uses permitted in division (C)(2) below shall only be allowable if not prohibited by any existing underlying zoning district regulations of the community. The requirements of this section shall apply in addition to other legally established regulations of the community and where this section imposes greater restrictions, the provisions of this section shall apply.
(2) Permitted uses in the General Floodplain District:
(a) The following uses shall be permitted uses in both the floodway and flood fringe portions of the General Floodplain District provided they do not involve structures, fill, obstructions, excavations or storage of materials or equipment:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
2. Industrial-commercial loading areas, parking areas, and airport landing strips.
3. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.
4. Residential lawns, gardens, parking areas, and play areas.
(b) All uses that would involve structures, fill, obstructions, excavations or storage of materials or equipment shall only be permissible in the flood fringe portion of the General Floodplain District and shall: 1) be subject to the floodway/flood fringe evaluation criteria pursuant to division (C)(3) below; and 2) be subject to the performance standards of divison (E) this section.
(3) Procedures for floodway and flood fringe determinations within the General Floodplain District.
(a) Upon receipt of an application for a permit or other approval 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 Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe:
1. A typical valley cross-section(s) 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, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.
3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types.
4. 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.
(b) The applicant shall be responsible to submit 1 copy of the above information 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 and to determine the regulatory flood protection elevation. If a 100-year flood elevation is provided in the Flood Insurance Study adopted in division (B)(2) of this section, then this elevation must be used in calculating the regulatory flood protection elevation. Procedures consistent with Minn. Rules, Parts 6120.5000 - 6120.6200 and 44 C.F.R., Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. 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 overbank areas; and
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 shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
(c) The City Clerk shall present the technical evaluation and findings of the designated engineer or expert to the governing body. The governing body must formally accept the technical evaluation and the recommended floodway and/or flood fringe boundary or deny the permit application. The governing body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodway and flood fringe boundaries have been determined, the governing body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of divisions (C) and (E) of this section.
(4) Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms
of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe portions of the General Floodplain District, all uses not listed as a permitted use in devision (C)(2) shall be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically division (I).
(b) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically division (K).
(c) As-built elevations for elevated or flood proofed structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section.
(D) Reserved for future use.
(E) Standards for flood fringe permitted uses. Permitted uses involving structures, fill, obstructions, excavations or storage of materials or equipment shall be subject to the following standards:
(1) All structures, including accessory structures, additions to existing structures and manufactured homes, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than 1 foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.
(2) The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only when said fill is specifically intended to elevate a structure in accordance with division (E)(1) of this section.
(3) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
(4) All new principal structures must have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the City Council must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
(5) Commercial uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times the velocity (in feet per second) the product number exceeds 4 upon occurrence of the regional flood.
(6) Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(5) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas.
(7) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(8) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.
(9) Standards for recreational vehicles are contained in division (I)(3).
(10) All manufactured homes 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 to be 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.
(F) Reserved for future use.
(G) Subdivisions.
(1) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the General Floodplain District shall be able to contain a building site outside of the floodway at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than 2 feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
(2) Floodway/flood fringe determinations in the General Floodplain District. In the General Floodplain District, applicants shall provide the information required in division (C)(3) of this section to determine the 100-year flood elevation, the floodway and flood fringe boundaries and the regulatory flood protection elevation for the subdivision site.
(3) Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
(H) Public utilities, railroads, roads, and bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be flood proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the General Floodplain District shall be permissible if placed in accordance with Minn. Rules, Parts 6120.5000 - 6120.6200. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation 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.
(3) On-site sewage treatment and water supply 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 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 and they shall not be subject to impairment or contamination during times of flooding. Any individual sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems, and in accordance with the city's ordinances, shall be determined to be in compliance with this division.
(I) Manufactured homes and manufactured home parks and placement of recreational vehicles.
(1) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by division (G) of this section.
(2) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with division (E) of this section. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with division (E)(4) then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body.
(a) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement.
(b) Methods of anchoring may include, but are not to be 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.
(3) Recreational vehicles that do not meet the exemption criteria specified in division (I)(3)(a) below shall be subject to the provisions of this section and as specifically spelled out in division (I)(3)(c)-(I)(3)(d) below.
(a) Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (I)(3)(b) below and further they meet the following criteria:
1. Have current licenses required for highway use.
2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.
3. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
(b) Areas exempted for placement of recreational vehicles.
1. Individual lots or parcels of record.
2. Existing commercial recreational vehicle parks or campgrounds.
3. Existing condominium type associations.
(c) Recreational vehicles exempted in division (I)(3)(a) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in divisions (C) and (E) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
(d) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding 5 units or dwelling sites shall be subject to the following:
1. Any new or replacement recreational vehicle will be allowed in the General Floodplain District provided the recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with division (E)(4) of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
2. All new or replacement recreational vehicles not meeting the criteria of division (I)(3)(a) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of division (I)(3)(a)1. - 2. of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with division (H)(3) of this section.
(J) Administration.
(1) Zoning Administrator. A Zoning Administrator or other official designated by the governing body shall administer and enforce this section. If the Zoning Administrator finds a violation of the provisions of this section, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in division (L) of the section.
(2) Permit requirements.
(a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or individual sewage treatment system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
(b) Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator 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 to the stream channel.
(c) State and federal permits. Prior to granting a 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.
(d) Certificate of zoning compliance for a new, altered, or nonconforming 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 or 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 section.
(e) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits or certificates of zoning compliance 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, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by division (L) of this section.
(f) Certification. 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 section. Flood proofing measures shall be certified by a registered professional engineer or registered architect.
(g) Record of first floor elevation. The City Clerk shall 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 City Clerk shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.
(h) Notifications for watercourse alterations. The City Clerk shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to M.S. Ch. 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(i) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than 6 months after the date such supporting information becomes available, the City Clerk shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
(3) City Council.
(a) Rules. The City Council shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards of Adjustment by state law.
(b) Administrative review. The City Council shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this section.
(c) Variances. The City Council may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the City Council shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other zoning regulations in the community, and in the respective enabling legislation that justified the granting of the variance. 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 area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
1. Variances shall 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 shall 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.
3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Hearings. Upon filing with the City Council of an appeal from a decision of the Zoning Administrator, or an application for a variance, the City Council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The City Council shall submit by mail 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 10 days notice of the hearing.
(e) Decisions. The City Council shall arrive at a decision on such appeal or variance within 30 days. In passing upon an appeal, the City Council may, so long as such action is in conformity with the provisions of this section, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the City Council may prescribe appropriate conditions and safeguards which are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section punishable under division (L). A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within 10 days of such action.
(f) Appeals. Appeals from any decision of the City Council may be made, and as specified in this community's official controls and also by Minnesota Statutes.
(g) Flood insurance notice and record keeping. 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. 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.
(K) Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in division (B)(7) of this section, shall be subject to the provisions of divisions (K)(1) - (5) of this section.
(1) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
(2) Any structural alteration to a nonconforming structure or nonconforming use in the floodway or flood fringe which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (K)(3) - (6) below. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with division (E)(1) of this section.
(3) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. 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. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must be located outside of the floodway and must meet the standards of division (E) of this section for new structures.
(4) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.
(5) If any nonconforming use or structure is substantially damaged, as defined in division (B)(7) of this section, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in divisions (C) and (E) of the section will apply depending upon whether the use or structure is in the floodway or flood fringe portion of the General Floodplain District. A substantially damaged nonconforming structure shall not be repaired/reconstructed if the nonconforming structure is located in the floodway.
(6) If a substantial improvement occurs, as defined in division (B)(7) of this section, from any combination of a structural addition to the outside dimensions of the existing structure or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming structure, then the structural addition and the existing nonconforming structure must meet the requirements of division (E) of this section for new structures, depending upon whether the structure is in the floodway or flood fringe portion of the General Floodplain District. A nonconforming structure shall not be substantially improved if said structure is located in the floodway.
(L) Penalties for violation.
(1) Violation of the provisions of this section 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.
(2) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:
(a) In responding to a suspected ordinance violation, the Zoning Administrator and local government 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 community 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 the Community'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 section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/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 community. 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 section 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 section.
(M) Amendments.
(1) 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 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 Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use.
(2) All amendments to this section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days written notice of all hearings to consider an amendment to this section and the notice shall include a draft of the ordinance amendment or technical study under consideration.
(Ord. 2012-3-2, passed 3-13-2012)