Arden Hills City Zoning Code

   The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Arden Hills, Minnesota does ordain as follows:

   Subd. 1   Hazards Exist. The flood hazard areas of the City 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.

   Subd. 2   Method Used to Analyze Flood Hazards. There regulations of this Section are based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.

   Subd. 3   National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

   It shall be the purpose of this Section to promote the public health, safety, and general welfare and minimize those losses described in Section 1335.02 Subd 1.

   The City of Arden Hill's Zoning Code is adopted by reference and made a part of this Section as if set out in full.

   The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway.

   These regulations of this Section shall apply to all lands within the City as shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.

   The Official Zoning Map together with all materials attached thereto shall be adopted by reference and declared to be a part of this Section as if set out here in full. The attached material shall include the Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and Flood Insurance Rate Map panels therein numbered 27123C0004G, 27123C0005G, 27123C0010G, 27123C0012G, 27123C0016G and 27123C0020G, all dated June 4, 2010, and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the City Administrator.

   Subd. 1   Minimum Standards. In their interpretation and application, these regulations of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.

   Subd. 2   Boundaries. 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 Board of Adjustment shall make the necessary interpretation. All decisions shall be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the 100-year floodplain if earlier, and other available technical data. Any person contesting the location of the district boundaries shall be given a reasonable opportunity to present his or her case to the Board and to submit technical evidence.

   It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only.

   This Ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on the part of the City of Arden Hills or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made there under.

   If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

   The Flood Insurance Rate Map panels adopted by reference into Section 1335.07 above may include floodplain areas that lie outside of the corporate boundaries of the City of Arden Hills at the time of adoption of this Ordinance. If any of these floodplain land areas are annexed into the City of Arden Hills after the date of adoption of this Ordinance, the newly annexed floodplain lands shall be subject to the provisions of this Ordinance immediately upon the date of annexation into the City of Arden Hills.

   Subd. 1   Floodway District. The floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in this Section. For lakes, wetlands and other basins, the Floodway District shall include those areas designated as Zone AE (that do not have a floodway designated) and Zone A on the Flood Insurance Rate Map panels adopted in this Section that are below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

   Subd. 2   Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe, which shall include the areas shown on the Flood Insurance Rate Map, adopted in this Section, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins, the Flood Fringe District shall include those areas designated as Zone AE (that do not have a floodway designated) and Zone A on the Flood Insurance Rate Map panels adopted in this Section that are below the 1% annual chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14.

   Subd. 3   General Flood Plain District. The General Flood Plain District shall include those areas designated as Zone A and Zone AE (without a floodway designation) on the Flood Insurance Rate Map adopted in this Section, which are not subject to the criteria in Subd 1 and Subd 2 above.

   No new structure or land shall 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 regulation. Within the Floodway, Flood Fringe and General Flood Plain Districts, all uses not listed as permitted uses or Conditional Uses shall be prohibited. In addition, a caution shall be provided here that:

   Subd. 1   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles shall be subject to the general provisions of this Zoning Code.

   Subd. 2   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

   Subd. 3   As-built elevations for elevated or flood proofed structures shall be certified by ground surveys and flood proofing techniques shall be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Section.

   Subd. 1   Permitted Uses.

      A.   General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

      B.   Industrial-commercial loading areas, parking areas, and airport landing strips.

      C.   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.

      D.   Residential lawns, gardens, parking areas, and play areas.

   Subd. 2   Standards for Floodway Permitted Uses.

      A.   The use shall have low flood damage potential.

      B.   The use shall be permissible in the underlying zoning district if one exists.

      C.   The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of material or equipment.

   Subd. 3   Conditional Uses. Structures accessory to the uses listed as permitted uses, and the specific uses listed below:

      A.   Structures accessory to the uses listed in Section 1335.16.

      B.   Extraction and storage of sand, gravel, and other materials.

      C.   Marinas, boat rentals, docks, piers, wharfs, and water control structures.

      D.   Railroads, streets, bridges, utility transmission lines, and pipelines.

      E.   Storage yards for equipment, machinery or materials.

      F.   Placement of fill or construction fences.

      G.   Recreational vehicles either on individual lots of record or in existing or new subdivisions or condominium type campgrounds, subject to the exemptions and provisions of this Section.

      H.   Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent shall be to protect individual structures and levees or dikes where the intent shall be to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

   Subd. 4   Standards for Floodway Conditional Uses.

      A.   No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the one hundred (100) year or regional flood or cause an increase in flood damages in the reach or reaches affected

      B.   All floodway conditional uses shall be subject to the procedures and standards contained in this Section.

      C.   The conditional use shall be permissible in the underlying zoning district if one exists.

      D.   Fill.

         1.   Fill, dredge spoil and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.

         2.   Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.

         3.   As an alternative, and consistent with Paragraph 2 above, dredge spoil disposal and sand and gravel operations may allow temporary, onsite storage of fill or other materials which would have caused an increase to the stages of the one hundred (100) year or regional flood

but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit shall be title registered with the property in the Office of the County Recorder.

      E.   Accessory Structures.

         1.   Accessory structures shall not be designed for human habitation.

         2.   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters.

            a)   Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and

            b)   So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

         3.   Accessory structures shall be elevated or fill or structurally dry flood proofed in accordance with the FP-1 or FP-2 flood proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed five hundred (500) square feet in size at its largest projections, and for a detached garage, the detached garage shall be used solely for parking of vehicles and limited storage. All flood proofed accessory structures shall meet the following additional standards:

            a)   The structure shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and

            b)   Any mechanical and utility equipment in a structure shall be elevated to or above the Regulatory Flood Protection Elevation or properly flood proofed.

            c)   To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.

      F.   Storage of Materials and Equipment.

         1.   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life shall be prohibited.

         2.   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.

      G.   Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Section 103G. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.

      H.   A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis shall assume equal conveyance or storage loss on both sides of a stream.

   Subd. 1   Permitted Uses. Permitted uses shall be those uses of land or structures listed as Permitted Uses in the underlying zoning use district(s). If no preexisting, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a Permitted Use in the Flood Fringe District provided such use does not constitute a public nuisance. All Permitted Uses shall comply with the standards for Flood Fringe "Permitted Uses" listed in this Section and the "Standards for all Flood Fringe Uses" listed in this Subsection.

   Subd. 2   Standards for Flood Fringe Permitted Uses.

      A.   All structures, including accessory structures, shall be elevated on fill so that the lowest floor including any basement floor is at or above the Regulatory Flood Protection Elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and the fill shall extend at an elevation of at least fifteen (15) feet beyond the outside limits of the structure erected thereon.

      B.   As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed five hundred (500) square feet at its largest projection for the outside dimension at ground level may be internally flood proofed in accordance with this Section.

      C.   The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless the fill is specifically intended to elevate a structure in accordance with this Section.

      D.   The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.

   Subd. 3   Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with this Section or any use of land that does not comply with the standards in this Subsection shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in this Section.

   Subd. 4   Standards for Flood Fringe Conditional Use

      A.   Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the Regulatory Flood Protection Elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if:

         1.   The enclosed area is above-grade on at least one side of the structure;

         2.   It is designed to internally flood and is constructed with flood resistant materials; and

         3.   It is used solely for parking of vehicles, building access or storage.

      B.   The above-noted alternative elevation methods shall be subject to the following additional standards:

         1.   Design and Certification. The structure's design and as-built condition shall be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be at or above the Regulatory Flood Protection Elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.

         2.   Specific Standards for Above-Grade, Enclosed Areas. Above grade, fully enclosed areas such as crawl spaces or tuck under garages shall be designed to internally flood and the design plans shall stipulate:

            a)   The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one-foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

            b)   That the enclosed area shall be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

      C.   Basements, as defined by this Section, shall be subject to the following:

         1.   Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.

         2.   Non-residential basements may be allowed below the Regulatory Flood Protection Elevation provided the basement is structurally dry flood proofed in accordance with this Section.

      D.   All areas of non-residential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be flood proofed in accordance with the structurally dry flood proofing classifications in the State Building Code. Structurally dry flood proofing shall meet the FP-1 or FP-2 flood proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 and FP-4 classification shall not be permitted.

      E.   When at any one time more than one thousand (1,000) cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan shall be submitted unless the community is enforcing a State-approved shoreland management ordinance. In the absence of a State-approved shoreland ordinance, the plan shall clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan shall be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists.

      F.   Storage of Materials and Equipment.

         1.   The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life shall be prohibited.

         2.   Storage of other materials may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.

   Subd. 5   Standards for All Flood Fringe Uses.

      A.   All new principal structures shall have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment shall 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.

      B.   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 velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood.

      C.   Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plans 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 Paragraph B 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.

      D.   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 areas 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. FEMA's standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

      E.   Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.

      F.   Standards for recreational vehicles are contained in Section 1325.12.

      G.   All manufactured homes shall 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 times to ground anchor. This requirement shall be in addition to applicable state of local anchoring requirements for resisting wind forces.

   Subd. 1   Permitted Uses.

      A.   The uses listed as permitted uses for Floodway Districts, shall be permitted uses in a General Flood Plain District.

      B.   All other uses shall be subject to the 1% annual chance flood (100-Year Flood Elevations) and/or Floodway and Flood Fringe determinations criteria pursuant to Subd 2 below. Section 1335.25 shall apply if the proposed use is in the Floodway District, and Section 1335.26 shall apply is the proposed use is in the Flood Fringe District.

   Subd. 2   Procedures for 1% annual chance (100-Year Flood Elevations) and/or Floodway and Flood Fringe determinations for streams within the General Flood Plain District.

      A.   Upon receipt of an application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish the following information as is deemed necessary by the City Administrator for the determination of the Regulatory Flood Protection Elevation and whether the proposed use is within the Floodway or Flood Fringe District.

         1.   A typical valley cross-section 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; and

         2.   Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site, and location and elevations of streets.

         3.   Photographs showing existing land uses and vegetation upstream and downstream; and soil types; and

         4.   Profile showing the slope of the bottom of the channel or flow line of the stream for at least five hundred (500) feet in either direction from the proposed development.

      B.   The applicant shall be responsible to submit one (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 District and to determine the Regulatory Flood Protection Elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000-6120.6200 and 44 Code of Federal Regulations 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 analyst. 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.

         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 State 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 Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City Council. The City Council shall formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City Council, 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 City Council shall refer the matter back to the City Administrator who shall process the permit application consistent with the applicable provisions of this Section.

   Procedures for determining 1% annual chance flood elevations (100-YR flood elevations) for lakes located in Zone A:

   Subd. 1   Upon receipt of an application for a permit or other approval within a Zone A, the Zoning Administrator will use the 1% annual chance flood elevation for that basin that has previously been determined in accordance with approved FEMA methods, if available. If the 1% annual chance flood elevation has not been previously determined, the applicant shall be required to furnish all necessary information as deemed necessary by the Zoning Administrator for the determination for the 1% annual chance flood elevation in accordance with approved FEMA methods.

   Subd. 2   The applicant shall be responsible to submit one 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 District and to determine the 1% annual chance flood elevation (100-year flood elevation). Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations 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.

   Subd. 3   Once the 1% annual chance flood elevation (100-year flood elevation) has been determined, the Zoning Administrator shall process the permit application consistent with the applicable provisions of this Section.

   Subd. 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 flood plain districts shall be able to contain a building site outside of the Floodway District 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 two (2) feet below the Regulatory Flood Protection Elevation. For all subdivisions in the flood plain, 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 subdivisions drawings and platting documents.

   Subd. 2   Floodway/Flood Fringe Determinations in the General Flood Plain District. In the General Flood Plain District applicants shall provide the information required to determine the one hundred (100) year flood elevation, the Floodway and Flood Fringe District boundaries and the Regulatory Flood Protection Elevation for the subdivision site.

   Subd. 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 one hundred (100) year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These FEMA standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

   Subd. 1   All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.

   Subd. 2   Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the flood plain shall comply with this code. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of the transportation facilities would result in danger to the public health or safety of 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 Sewage Treatment and Water Supply Systems. Where public utilities are not provided:

      A.   On-site water supply systems shall be designated to minimize or eliminate infiltration of flood waters in the systems; and

      B.   New or replacement on-site sewage treatment systems shall 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 of contamination during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section.

   The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 5.0 of this Ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5.51, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the Governing Body.

   Subd. 1   New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by this code.

   Subd. 2   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.

   Subd. 1   Exemption. Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Section 9.32 below and further they meet the following criteria:

      A.   Have current licenses required for highway use.

      B.   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.

      C.   The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.

   Subd. 2   Areas Exempted For Placement of Recreational Vehicles:

      A.   Individual lots or parcels of record.

      B.   Existing commercial recreational vehicle parks or campgrounds.

      C.   Existing condominium type associations.

   Subd. 3   Recreational vehicles exempted in this Section 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/flood proofing requirements and the use of land restrictions specified in Sections 1335.4.0 and 5.0 of this Ordinance. 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.

   Subd. 4   New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:

      A.   Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said 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 Section 5.51 of this Ordinance. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the 100-year or regional flood.

      B.   All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10.4 of the Ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said 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 Section 9.31 (a) and (b) of this Ordinance 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 Section 8.3 of this Ordinance.

   The City Administrator or other official designated by the City Council shall administer and enforce this Section. If the City Administrator finds a violation of the provisions of this Section the City Administrator shall notify the person responsible for the violation in accordance with the procedures.

   Subd. 1   Permit Required. A Permit issued by the City 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 construction of a dam, fence, or on-site septic 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 flood plain.

   Subd. 2   Application for Permit. Application for a Permit shall be made in duplicate to the City Administrator on forms furnished by the City 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.

   Subd. 3   State and Federal Permits. Prior to granting a Permit or processing an application for a Conditional Use Permit or Variance, the City Administrator shall determine that the applicant has obtained all necessary State and Federal Permits.

   Subd. 4   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 Ordinance.

   Subd. 5   Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use 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 Ordinance, and punishable as provided by this Section of this Ordinance.

   Subd. 6   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.

   Subd. 7   Record of First Floor Elevation. The Zoning Administrator 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 flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.

   Subd. 8   Notifications for Watercourse Alterations. The Zoning Administrator 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 Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

   Subd. 9   Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

   Subd. 1   Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such Boards by State law.

   Subd. 2   Administrative Review. The Board of Adjustment 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 Ordinance.

   Subd. 3   Variances. The City may authorize in specific cases such relief or variance from the terms of this section and code in accordance with Section 1355. No variance shall have the effect of allowing in any district uses that are 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:

      A.   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.

      B.   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.

      C.   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

   Subd. 4   Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Section. Applications shall be submitted to the City Administrator who shall forward the application to the City Council for consideration.

   Subd. 5   Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the City Administrator, or an application for a variance or conditional use permit, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board 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 shall receive at least ten (10) days notice of the hearing.

   Subd. 6   Decisions. The Board shall arrive at a decision on the appeal, variance, or conditional use permit in accordance with Section 1355. In granting a variance or conditional use permit the City may prescribe appropriate conditions and safeguards, which shall be 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 or conditional use permit is granted, shall be punishable as described in Section 1335.36. A copy of all decisions granting variances or conditional use permits shall be forwarded by mail to the Commission of Natural Resources within ten (10) days of the action.

   Subd. 7   Appeals. Appeals from any decision of the Board may be made, as specified in the City's Official Controls and also Minnesota Statutes.

   Subd. 8   Flood Insurance Notice. The City Administrator shall notify the applicant for a variance that:

      A.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

      B.   Such 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.

   Subd. 9   Procedures to be Followed by the City Council in Passing on Conditional Use Permit Applications within all Flood Plain Districts:

      A.   The applicant shall furnish the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed used:

         1.   Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship of the above to the location of the stream channel.

         2.   Specifications for building construction and materials, flood proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

      B.   Transmit one copy of the information described above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.

      C.   Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

   Subd. 10   Factors upon Which the Decision of the City Council shall be based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in this Section, and:

      A.   The danger to life and property due to increased flood heights or velocities caused by encroachments.

      B.   The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.

      C.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

      D.   The susceptibility of the proposed facilities and its contents to flood damage and the effect of the damage on the individual owner.

      E.   The importance of the services provided by the proposed facility to the community.

      F.   The requirements of the facility for a waterfront location.

      G.   The availability of alternative locations not subject to flooding for the proposed use.

      H.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

      I.   The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

      J.   The safety of access to the property in times of flood for ordinary and emergency vehicles.

      K.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site.

      L.   Any other factors which shall be relevant to the purposes of this Section.

   Subd. 11   Time for Acting on Application. The City Council shall act on an application in the manner described above in accordance with Section 1355.

   Subd. 12   Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this Section, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Section. The conditions may include, but shall not be limited to, the following:

      A.   Modifications of waste treatment and water supply facilities.

      B.   Limitations on period of use, occupancy, and operation.

      C.   Imposition of operational controls, sureties, and deed restrictions.

      D.   Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.

      E.   Flood proofing measures, in accordance with the State Building Code and this Section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area.

   A structure or the use of a structure or premises which was lawful before the passage or amendment of this Code but which shall not be in conformity with the provisions of this Section shall be subject to the following. Historic structures, as defined in Section 1305.04, Subd. 182, shall be subject to the provisions of Subds. 1 thru 5 of this Section

   Subd. 1   No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.

   Subd. 2   Any structural alteration or addition to a nonconforming structure or nonconforming use 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 elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subd 3 and Subd 5 below.

   Subd. 3   The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent 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 percent of the market value of the structure, then the structure must meet the standards of Sections 1335.25 and 1335.26 of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

   Subd. 4   If any nonconforming use is discontinued for l2 consecutive months, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of l2 months.

   Subd. 5   If any nonconforming use or structure is substantially damaged, as defined in this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 1335.25, 1335.26, and 1335.27 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively.

   Subd. 6   If a substantial improvement occurs, as defined in this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Sections 1335.25 and 1335.26 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

   Subd. 1   Misdemeanor. Violation of the provisions of this Ordinance 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 state law.

   Subd. 2   Other Remedies. Nothing contained shall prevent the City from taking any other lawful action as is necessary to prevent or remedy any violation. Such actions may include but shall not be limited to:

      A.   In responding to a suspected Code violation, the City 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 shall act in good faith to enforce these official controls and to correct Code violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

      B.   When a Code violation is either discovered by or brought to the attention of the City Administrator, the City Administrator shall immediately investigate the violation of the official control. As soon as is reasonably possible, this information shall be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the City's plan of action to correct the violation to the degree possible.

      C.   The City 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 City 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 City Administrator may either:

         1.   Issue an order identifying the corrective actions that shall be made within a specified time period to bring the use of 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 thirty (30) days.

      D.   If the responsible party does not appropriately respond to the City 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 City Administrator shall also upon the lapse of the specified response period notify the land owner to restore the land to the condition which existed prior to the violation of this Section.

   Subd. 1   Designation Removal. The flood plain designation of the Official Zoning Map shall not be removed from flood plain 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 flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use.

   Subd. 2   Agency Approval. All amendments to this Section, including amendments to the Official Zoning Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map shall meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and shall receive prior FEMA approval before adoption. The Commissioner of Natural Resources shall be given ten (10) days written notice of all hearings to consider an amendment to this Section and the notice shall include a draft of the Section amendment or technical study under consideration.