The purpose of this chapter is to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to establish eligibility in the national flood insurance program, and in order to do so, must meet the requirements of 44 CFR part 60.3(a). The legislature of the state of Minnesota has in Minnesota statutes chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses; and in order to determine which developments would increase the flood hazard or be damaged by flooding, does ordain the following measures within the jurisdictional limits of this community. (Ord. 2011-007, 7-5-2011)

The following words and terms, wherever they occur in this chapter, shall be interpreted as herein defined:

DEVELOPMENT: Any manmade change to real estate, including, but not limited to, construction or reconstruction of buildings, installing manufactured homes or travel trailers, installing utilities, construction of roads or bridges, erection of levees, walls, or fences, drilling, mining, filling, dredging, and storage of materials.

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood).

FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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.

NEW CONSTRUCTION: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

PERSON: Includes any individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.

STRUCTURE: For floodplain management purposes, a walled and roofed building, including gas or liquid storage tanks, that is principally aboveground. The term includes recreational vehicles and travel trailers on site for more than one hundred eighty (180) days.

SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure regardless of the actual work performed. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or b) any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a historic structure. (Ord. 2011-007, 7-5-2011)

   A.   No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate building permit for each building or structure from the building official.

   B.   No manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, fences, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit, as per this ordinance, has been obtained from the zoning administrator.

   C.   No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each manufactured home from the zoning administrator. (Ord. 2011-007, 7-5-2011)

To obtain a permit, the applicant shall first file a permit application on a form furnished for that purpose. The form must be completed and submitted to the zoning administrator with a fee established by city ordinance before the issuance of a permit will be considered. (Ord. 2011-007, 7-5-2011)

   A.   The zoning administrator is appointed as the "person" responsible for receiving applications and examining the plans and specifications for the proposed construction or development.

   B.   After reviewing the application, the zoning administrator may require any additional measures which are necessary to meet the minimum requirements of this chapter.

   C.   The zoning administrator shall review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the federal water pollution control act amendments of 1972, 33 USC 1334. (Ord. 2011-007, 7-5-2011)

The zoning administrator, city engineer, and city planner shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) shall be:

   A.   Designed (or modified) and adequately anchored to prevent flotation, 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.

   E.   Buildings shall maintain the proper foundation, garage, and building elevation of subsections 1000.9C and D of this ordinance. (Ord. 2011-007, 7-5-2011)

The zoning administrator, city engineer, and city planner shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal shall be reviewed to assure that:

   A.   All such proposals are consistent with the need to minimize flood damage within the flood prone area,

   B.   All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and

   C.   Adequate drainage is provided to reduce exposure of flood hazard. (Ord. 2011-007, 7-5-2011)

All properties shall be connected to municipal water per title 9, chapter 2 of the city code. (Ord. 2011-007, 7-5-2011)

All properties shall be connected to municipal sanitary sewer per section 9-3-4 of the city code. (Ord. 2011-007, 7-5-2011)

Any person who violates any of the provisions of this chapter shall be found guilty of a misdemeanor and shall, upon conviction, be subject to a fine as established in section 3-1-3 of the city code. Each day that a violation exists shall constitute a separate offense. (Ord. 2011-007, 7-5-2011; amd. Ord. 2017-01, 1-3-2017)

   A.   This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restriction.

   B.   Where this chapter and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2011-007, 7-5-2011)