1. Statutory Authorization: The Legislature of the State of Minnesota has, in Minnesota Statutes chapter 103F and 462.357 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore the City Council of the City of Burnsville, Minnesota, does ordain as follows.
2. Findings Of Fact:
   1. Flood Hazard Areas: The flood hazard areas of the City of Burnsville 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 for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
   2. Methods Used To Analyze Flood Hazards: This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
   3. National Flood Insurance Program Compliance: This chapter 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.
3. Statement Of Purpose: The purpose of this chapter is to promote the public health, safety and general welfare and to minimize those losses described in subsection (B)1 of this section by provisions contained herein. (Ord. 1250, 10-18-2011)
   

1. Land To Which Chapter Applies: This chapter shall apply to all lands within the jurisdiction of the City of Burnsville shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, and general floodplain districts. (Ord. 1250, 10-18-2011)
2. Official Zoning Map: The official zoning map, together with all attached material thereto are hereby adopted by reference and declared to be a part of this chapter. The attached material includes Letter of Map Amendment (LOMR) case #17-05-5338P dated April 9, 2018, including all attached maps, tables, and flood profiles; and Flood Insurance Study for Dakota County, Minnesota, and Incorporated Areas, volumes 1, 2, and 3, dated March 16, 2016 and flood insurance rate map panels therein numbered 27037C0060E, 27037C0065E, 27037C0070E, 27037C0080E, 27037C0090E, 27037C0177E, 27037C0179E, 27037C0181E, 27037C0182E, 27037C0183E, 27037C0184E, 27037C0201E, and 27037C0203E, all dated December 2, 2011, all prepared by the Federal Emergency Management Agency. The official zoning map shall be kept on file in the Community Development Department. (Ord. 1491, 6-4-2019)
3. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increase in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
4. Interpretation:
   1. In their interpretation and application, the provisions of this chapter 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.
   2. 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 city planner, the city council shall make the necessary interpretation. All decisions will be based on elevation 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 (March 29, 1974) showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundary shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.
5. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. Warning And Disclaimer Of Liability: This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burnsville or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
7. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
8. Definitions: Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter 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 four (4) sides, regardless of the depth of excavation below ground level. This definition of basement is for interpreting and administering only the provisions of this chapter dealing with floodplain regulations and is distinct from the definition that applies to the other chapters of this title.
   
   CONDITIONAL USE: A specific type of structure or land use listed in the official control that may be allowed but only after an in depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:
   1. Certain conditions as detailed in the zoning ordinance exist.
   2. The structure and/or land use conform to the comprehensive plan and is compatible with the existing neighborhood.
   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, Dakota 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.
   
   FLOODPROOFING: 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). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.
   
   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". Manufactured homes are also subject to chapter 18, "R-3D Manufactured Housing District", of this title.
   
   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 manmade obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach.
   
   RECREATIONAL VEHICLE: A vehicle that is built on a single chassis, is four hundred (400) square feet or less when measured at the largest horizontal 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 chapter, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle. This definition is for interpreting and administering only the provisions of this chapter and is distinct from the definition, standards and requirements of section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
   
   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 the flood insurance study.
   
   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 subsection 10-10-9(B) of this chapter, and other similar items. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
   
   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 fifty percent (50%) of the market value of the structure before the damage occurred.
   
   SUBSTANTIAL IMPROVEMENT: Within any consecutive three hundred sixty five (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 fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:
   1. 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.
   VARIANCE: A modification of a specific permitted development standard required in an official control, including this chapter, 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 practical difficulty or unique circumstance as defined and elaborated upon in chapters 4, "Definitions", 5, "Administration" and 8, "Environmental Overlay Districts", of this title. This definition of a variance is for interpreting and administering only the provisions of this chapter dealing with floodplain regulations and is distinct from the definition that applies to the other chapters of this title.
9. Annexations: The flood insurance rate map panels adopted by reference into subsection (B) of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Burnsville at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city of Burnsville after the date of adoption of this chapter, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the city of Burnsville. (Ord. 1250, 10-18-2011)

1. Districts:
   1. Floodway District (FW): The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in subsection 10-10-2(B) of this chapter. For lakes, wetlands and other basins, the floodway district shall include those areas designated as zone AE (that do not have a floodway designated) on the flood insurance rate map panels adopted in subsection 10-10-2(B) of this chapter that are at or below the ordinary high water level as defined in Minnesota statutes, section 103G.005, subdivision 14.
   2. Flood Fringe District (FF): 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 subsection 10-10-2(B) of this chapter 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) on the flood insurance rate map panels adopted in subsection 10-10-2(B) of this chapter that are below the one percent (1%) chance flood elevation (100-year flood elevation) but above the ordinary high water level as defined in Minnesota statutes, section 103G.005, subdivision 14.
   3. General Floodplain District (GFP): The general floodplain district shall include those areas on the Credit River Tributary designated as zone AE (without a floodway designated) on the flood insurance rate map adopted in subsection 10-10-2(B) of this chapter, which are not subject to criteria in subsections (A)1 and (A)2 of this section.
2. 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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the floodway, flood fringe, and general floodplain districts, all uses not listed as permitted uses or conditional uses, or interim uses in sections 10-10-4, 10-10-5, and 10-10-6 of this chapter that follow respectively, shall be prohibited. In addition, a caution is provided here that:
   1. New manufactured homes, replacement manufactured homes and recreational vehicles defined in subsection 10-10-2(H) of this chapter are subject to the general provisions of this chapter and specifically section 10-10-9 of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code. Manufactured homes are also subject to chapter 18, "R-3D Manufactured Housing District", of this title.
   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 chapter and specifically section 10-10-11 of this chapter.
   3. As built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in section 10-10-10 of this chapter. (Ord. 1250, 10-18-2011)

1. Permitted Uses: The following uses shall be permitted uses within the floodway district to the extent that they are allowed in the base zoning district.
   1. Agricultural uses:
      
      Forestry.
      General farming.
      Grazing.
      Horticulture.
      Outdoor plant nurseries.
      Pasture.
      Sod farming.
      Truck farming.
      Wild crop harvesting.
   2. Commercial and industrial uses:
      
      Loading areas.
      Parking areas.
      Yards.
   3. Private and public recreational uses:
      
      Archery ranges.
      Boat launching ramps.
      Driving ranges.
      Fish hatcheries.
      Game farms.
      Golf courses.
      Hunting and fishing areas.
      Parking areas.
      Parks.
      Picnic grounds.
      Shooting preserves.
      Single or multiple purpose recreational trails.
      Swimming areas.
      Target ranges.
      Tennis courts.
      Trap and skeet ranges.
      Wildlife and nature preserves.
   4. Residential uses:
      
      Gardens.
      Lawns.
      Parking areas.
      Play areas.
2. Standards For Floodway Permitted Uses:
   1. The use shall have low flood damage potential.
   2. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
3. Floodway Conditional And Interim Uses: The following open space uses which require only accessory structures, fill, storage of materials or equipment, grading and excavation, may be permitted in the floodway district by conditional or interim use permit if allowed as such in the base zoning district and provided they comply with the provisions of this chapter:
   
   Uses or structures accessory to the permitted conditional or interim uses in the floodway district.
   
   Extraction and storage of sand, gravel, salt, and other materials.
   
   Marinas, boat rentals, docks, piers, wharves, and water control structures.
   
   Parking and loading areas that require filling, paving, grading or excavation.
   
   Placement of fill, dredge spoils, landfills authorized by the Minnesota pollution control agency and construction of fences.
   
   Railroads, streets, bridges, utility transmission lines, and pipelines.
   
   Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of subsection 10-10-9(B) of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
   
   Storage yards for equipment, machinery, or materials.
   
   Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures, landfills, quarries, essential service structures, public utilities and related structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
4. Standards For Floodway Conditional And Interim Uses:
   1. All Uses: 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 conditional or interim uses that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.
   2. Conditional And Interim Uses: All floodway conditional uses and interim uses shall be subject to the procedures and standards contained in subsection 10-10-10(H) of this chapter.
   3. Fill:
      1. Fill, dredge spoil, excavation sites, salt storage, Minnesota pollution control agency authorized landfills or other similar materials deposited or stored in the floodplain shall be protected against erosion by vegetative cover, mulching, riprap or other acceptable method.
      2. Dredge spoil sites, sand and gravel operations, salt storage and Minnesota pollution control agency authorized landfills shall not be allowed in the floodway unless a long term site development plan which includes an erosion/sedimentation prevention element in the plan is submitted.
      3. As an alternative, and consistent with subsection (D)3b of this section, dredge spoil disposal, salt storage, Minnesota pollution control agency authorized landfills and sand and gravel operations may allow temporary, on site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood, but only after the city council has received and approved an appropriate plan which assures the removal of materials from the floodway based upon the flood warning time available. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan. The conditional or interim use permit allowing such use must be title registered with the property in the office of the county recorder.
   4. 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 amount of obstruction to the flow of floodwaters:
         1. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
         2. 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 on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the state building code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing classification in the state building code provided the accessory structure constitutes a minimal investment and does not exceed five hundred (500) square feet in size at its largest projection. If the accessory structure is a detached garage, it must be used solely for parking of vehicles and limited storage. All floodproofed accessory structures must meet the following additional standards:
         1. The structure must 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;
         2. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed; and
         3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two (2) "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 (2) sides of the structure and the bottom of all openings must be no higher than one foot (1') 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.
   5. Storage Of Material 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 is 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. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
   6. Structural Works For Flood Control: 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 statutes, chapter 103G. Communitywide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
   7. Levees, Dikes, Or Floodwalls Constructed In Floodway: 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 must assume equal conveyance or storage loss on both sides of a stream. (Ord. 1250, 10-18-2011)
      

1. Permitted Uses: The following uses shall be permitted uses within the flood fringe district to the extent that they are allowed in the base zoning district. All permitted uses shall comply with subsections (B), "Standards For Flood Fringe Permitted Uses", and (E), "Standards For Flood Fringe Uses", of this section.
   
   Any use permitted in subsection 10-10-4(A) of this chapter.
   
   Any use permitted in the base zoning district.
2. Standards For Flood Fringe Permitted Uses:
   1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including the basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot (1') below the regulatory flood protection elevation and the fill shall extend at such elevation at least fifteen feet (15') beyond the outside limits of the structure erected thereon. Lowest floor elevations shall also be subject to the Burnsville water resources management plan.
   2. 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 may be internally floodproofed in accordance with subsection 10-10-4(D)4c of this chapter.
   3. 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 said fill is specifically intended to elevate a structure in accordance with subsection (B)1 of this section.
   4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
   5. The provisions of subsection (E) of this section shall apply.
3. Flood Fringe Conditional And Interim Uses: The following uses may be permitted in the flood fringe district by conditional or interim use permit if allowed as such in the base zoning district.
   1. Any use permitted in the base zoning district as either a conditional or interim use.
   2. Any structure that is not elevated on fill or floodproofed in accordance with subsection (B)1 or (B)2 of this section or any land use that does not comply with the standards in subsection (B)3 or (B)4 of this section. An application for a conditional use permit shall be subject to the standards and criteria and evaluation procedures specified in subsections (D) and (E) of this section and subsection 10-10-10(H) of this chapter.
4. Standards For Flood Fringe Conditional And Interim Uses:
   1. Alternative Elevation Methods: 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 the enclosed area:
      1. Is above grade on at least one side of the structure;
      2. Is designed to internally flood and is constructed with flood resistant materials; and
      3. Is used solely for parking of vehicles, building access, or storage. The above noted alternative elevation methods are subject to the following additional standards:
         1. Design And Certification: The structure's design and as built condition must 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 must be at or above the regulatory flood protection elevation or be designed to prevent floodwater 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 must be designed to internally flood and the design plans must stipulate:
            1. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one foot (1') 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 floodwaters without any form of human intervention; and
            2. That the enclosed area will 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.
   2. Basements: Basements, as defined by subsection 10-10-2(H) of this chapter shall be subject to the following:
      1. Residential basement construction shall not be allowed below the regulatory flood protection elevation.
      2. Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with subsection (D)3 of this section.
      3. Basement and all other low floor elevations shall also meet the requirements of the Burnsville water resources management plan.
   3. Areas Of Nonresidential Structures: All areas of nonresidential structures including basements to be placed below the regulatory flood protection elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the state building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
   4. Erosion/Sedimentation Control Plan: 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 must be submitted. The plan must 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 must 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 floodplain if adequate flood warning time exists.
   5. 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 is prohibited.
      2. Storage of other materials or equipment may be allowed by conditional use permit 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. The city may require the applicant to provide a financial security or cash escrow in order to ensure compliance with the plan.
   6. Additional Provisions: The provisions of subsection (E) of this section shall also apply.
5. Standards For Flood Fringe Uses:
   1. All new principal structures must have vehicular access at or above the regulatory flood protection elevation. Existing structures may be permitted to have vehicular access at an elevation not more than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. 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.
   2. Business uses: Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the 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 is 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 the occurrence of the regional flood.
   3. Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant operations especially for 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 subsection (E)2 of this section. In considering permit applications, due consideration shall be given to the needs of an industry whose business requires that it be located in floodplain areas.
   4. 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.
   5. 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.
   6. Standards for recreational vehicles are contained in subsection 10-10-9(B) of this chapter. Recreational vehicles are also subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
   7. 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. (Ord. 1250, 10-18-2011)
      

1. Permitted Uses: Permitted uses shall include those uses permitted by subsection 10-10-4(A) of this chapter to the extent that they are allowed in the base zoning district.
2. Conditional And Interim Uses: All other uses than those listed in subsection (A) of this section shall be subject to the floodway/flood fringe evaluation criteria pursuant to subsection (C) of this section. Section 10-10-4 of this chapter shall apply if the proposed use is in the floodway district and section 10-10-5 of this chapter shall apply if the proposed use is in the flood fringe district.
3. Procedures For Floodway And Flood Fringe Determinations Within The General Floodplain District:
   1. Upon receipt of an application for a permit or other approval within the general floodplain district, the applicant shall be required to furnish such of the following information as is deemed necessary by the city for the determination of the regulatory flood protection elevation and of whether the proposed use is within the floodway or flood fringe district.
      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 elevation of streets.
      3. Photographs showing existing land uses and 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 five hundred feet (500') in either direction from the proposed development.
   2. The applicant shall 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 regulatory flood protection elevation. Procedures consistent with Minnesota regulations 1983, parts 6120.5000 through 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. 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 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 five-tenths foot (0.5'). A lesser stage increase than five-tenths foot (0.5') 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.
   3. The technical evaluation and findings of the designated engineer or expert shall be presented to the city council. The city council must 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 FEMA, the department of natural resources or the planning commission for review and comment. Once the floodway and flood fringe district boundaries have been determined, the city council shall refer the matter to the city planner, who shall process the permit application consistent with the applicable provisions of sections 10-10-4 and 10-10-5 of this chapter. (Ord. 1250, 10-18-2011)
      

The provisions of title 11, "Subdivisions", of this code and section 10-8-10, "Shoreland Overlay District", of this title shall apply in addition to the following:

1. Review Criteria: No land shall be subdivided that is unsuitable by reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the floodplain shall contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with provisions of this code and have road access both to the subdivision and to the individual building sites at or above the regulatory flood protection elevation. Subdivision of land with existing structures may be permitted to have vehicular access at an elevation not lower than two feet (2') below the regulatory flood protection elevation provided the applicant can demonstrate to the satisfaction of the city fire marshal that emergency vehicle access can be accommodated during a flood. 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. For all subdivisions in the floodplain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads 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 subsection 10-10-6(C) of this chapter to determine the 100-year flood elevation, the floodway and flood fringe district boundaries, and the regulatory flood protection elevation for the subdivision site.
3. Removal Of Special Flood Hazard Area Designation: 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. (Ord. 1250, 10-18-2011)

1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in a floodplain district shall be floodproofed 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 floodplain shall comply with sections 10-10-4 and 10-10-5 of this chapter. Elevation to the regulatory flood protection elevation shall be provided where the city finds that 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. Subsurface Sewage Treatment Systems (SSTS) 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 floodwaters into the systems; and
   2. New or replacement SSTS must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for SSTS shall be determined to be in compliance with this section.
   3. Additional requirements for SSTS and on site water supply systems for lands in shoreland districts and the requirements of title 7, chapter 11, "Subsurface Sewage Treatment Systems (SSTS)", of this code shall also be met. (Ord. 1250, 10-18-2011)

1. Manufactured Homes And Manufactured Home Parks:
   1. New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by section 10-10-7 of this chapter and requirements of chapter 18, "R-3D Manufactured Housing District", of this title.
   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 section 10-10-5 of this chapter and chapter 18, "R-3D Manufactured Housing District", of this title. If vehicular road access for preexisting manufactured home parks is not provided in accordance with subsection 10-10-5(E)1 of this chapter, then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council.
      1. 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.
2. Placement Of Recreational Vehicles: Recreational vehicles are subject to this chapter and section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
   1. Recreational vehicles that do not meet the exemption criteria specified in subsection (B)1a of this section shall be subject to the provisions of this chapter and as specifically spelled out in subsections (B)3 and (B)4 of this section and shall also be subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
      1. Exemption: Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection (B)3 of this section and further if they meet the following criteria:
         1. Have current licenses required for highway use.
         2. Are highway ready meaning they are 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 preexisting, underlying zoning use district.
   2. Areas exempted for placement of recreational vehicles. Recreational vehicles shall also be subject to section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code.
      1. Individual lots or parcels of record.
      2. Existing commercial recreational vehicle parks or campgrounds.
      3. Existing condominium type associations.
   3. Recreational vehicles exempted in subsection (B)1 of this section lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle, or exceeding five hundred dollars ($500.00) 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/floodproofing requirements and the use of land restrictions specified in sections 10-10-4 and 10-10-5 of this chapter. 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.
   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 section 7-1-8, "Outside Storage Within Residential Neighborhoods", of this code and chapter 18, "R-3D Manufactured Housing District", of this title and the following:
      1. 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 subsection 10-10-5(E)1 of this chapter. 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 subsection (B)4a of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of subsection 10-10-10(H) of this chapter. 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 and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections (B)1a(1) and (B)1a(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 subsection 10-10-8(C) of this section. (Ord. 1250, 10-18-2011)
         

1. City Planner: The city planner or other official designated by the city council shall administer and enforce this chapter. If the city planner finds a violation of the provisions of this chapter the person responsible shall be notified for such violation in accordance with the procedures stated in section 10-10-12 of this chapter.
2. Permit Requirements:
   1. Permit Required: In all floodplain districts, a permit issued by the city in conformity with the provisions of this chapter shall be secured prior to the construction, 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 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 storage of materials or equipment within the floodplain.
   2. Application For Permit: Application for a permit shall be made, on forms furnished by the city and shall include the following where applicable: Plans drawn to scale, showing the nature, location, dimensions, and elevations (in NAVD, 1988 datum), of the lot; existing and/or proposed structures, fill, or storage of materials; the location of the foregoing in relation to the stream channel.
   3. State And Federal Permits: Prior to granting a use permit or processing an application for a conditional or interim use permit or variance, the applicant shall demonstrate to the city that it has obtained all necessary state and federal permits.
   4. Certificate Of Zoning Compliance For New, Altered, Or Nonconforming Use: Within floodplain districts, 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, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the city stating that the use of the building or land conforms to the requirements of this chapter.
   5. Construction And Use To Be As Provided On Applications, Plans, Permits, Variances And Certificates Of Zoning Compliance: Permits, conditional or interim use permits, variances 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 a violation of this chapter and punishable as provided by section 10-10-12 of this chapter.
   6. Certification: Prior to issuance of a certificate of occupancy, the applicant shall submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations, were accomplished in compliance with the provisions of this chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect. The city may require financial security to be provided at the time of permit application to ensure that the provisions of this section are met.
   7. Record Of Lowest Floor Elevations: The city 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 shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.
   8. Notification For Watercourse Alterations: The city 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 via e-mail to the Chicago regional office of FEMA.
   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 city shall notify the Chicago regional office of FEMA of the changes by submitting via e-mail a copy of said technical or scientific data.
3. Board Of Adjustment:
   1. Rules: The city council is the board of adjustment and shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
   2. 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 of this chapter.
   3. Variances: Variance applications shall be processed in accordance with section 10-5-4 of this title and pursuant to this section. The city council may authorize upon appeal in specific cases such relief or variance from the terms of this chapter as will not be contrary to the public interest and only for those circumstances such as practical difficulties or circumstances unique to the property under consideration, as provided for in chapter 5, "Administration", of this title. In the granting of such variance, the city council shall clearly identify in writing the specific conditions that exist consistent with the criteria specified in this chapter, and in chapter 5, "Administration", of this title which justify the granting of the variance. 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 FEMA must be satisfied:
      1. Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
      2. Variances may only be issued upon:
         1. A showing of good and sufficient cause,
         2. A determination that failure to grant the variance would result in exceptional hardship to the applicant, and
         3. 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 may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
4. Variance Notification Requirement:
   1. The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed variances sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
5. Decisions: All applications shall be reviewed consistent with Minnesota statutes section 15.99. In passing upon an appeal, the city council may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the city planner 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 such as those specified in subsection (H)7 of this section, which are in conformity with the purposes of this chapter. 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 chapter punishable under section 10-10-12 of this chapter.
   1. A copy of all decisions granting variances shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
6. Appeals: Appeals from any decision of the city council may be made, and as specified in this title and also by Minnesota statutes.
7. Flood Insurance Notice And Recordkeeping: The city 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 twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
   2. Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city 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.
8. Conditional And Interim Use Permits: All applications shall be reviewed consistent with Minnesota statutes section 15.99; the provisions of sections 10-5-5 and 10-5-5A of this title and pursuant to the following:
   1. Use Requiring Conditional Or Interim Use Permit: Any use requiring a conditional or interim use permit shall be processed in accordance with procedures set forth in sections 10-5-5, "Conditional Uses", and 10-5-5A, "Interim Uses", of this title.
   2. Application Submitted: The city shall submit by e-mail or mail to the commissioner of natural resources a copy of the application for the proposed conditional or interim use sufficiently in advance so that the commissioner will receive at least ten (10) days' notice of the hearing.
   3. Decisions Forwarded: A copy of all decisions granting conditional and interim use permits shall be forwarded by e-mail or mail to the commissioner of natural resources within ten (10) days of such action.
   4. Procedure To Be Followed: Procedure to be followed by city council in passing on conditional and interim use permit applications within all floodplain districts.
      1. Applications for a conditional or interim use permits within all floodplain districts shall include the following:
         1. Plans drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel; and
         2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
      2. The city may submit the application to other experts or agencies for technical assistance to evaluate 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.
      3. Based upon the technical evaluation the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
   5. Factors On Which Decision Is Based: Factors upon which the decision of the city shall be based: In passing upon conditional and interim use permit applications, the city shall consider all relevant factors specified in other sections of this chapter, and:
      1. The danger to life and property due to increased flood heights or velocities caused by encroachments.
      2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.
      3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
      4. The susceptibility of the proposed facility and its contents to flood damage, and the effect of such damage on the individual owner.
      5. The importance of the services provided by the proposed facility to the community.
      6. The requirements of the facility for a waterfront location.
      7. The availability of alternative locations not subject to flooding for the proposed use.
      8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
      9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
      10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
      11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
      12. Such other factors which are relevant to the purposes of this chapter.
   6. Time For Acting On Application: All applications shall be reviewed pursuant to Minnesota statutes section 15.99.
   7. Conditions Attached To Conditional And Interim Use Permits: Upon consideration of the factors listed above and the purposes of this chapter, the city council shall attach such conditions to the granting of conditional and interim use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
      1. Modification of waste disposal and water supply facilities.
      2. Limitations on period of use, occupancy, and operation.
      3. Imposition of operational controls, sureties, and deed restrictions.
      4. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
      5. Floodproofing measures in accordance with the state building code and this chapter. The city shall require that the applicant submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. (Ord. 1250, 10-18-2011)
         

Within floodplain districts the city shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the national flood insurance program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway.

1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
   1. No such structure or use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
   2. Any 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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsections (A)3 and (A)6 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 fifty percent (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 fifty percent (50%) of the market value of the structure, then the structure must meet the standards of section 10-10-4 or 10-10-5 of this chapter for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.
   4. If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter.
   5. If any nonconforming use or structure is substantially damaged, as defined in subsection 10-10-2(H) of this chapter, it shall not be reconstructed except in conformity with the provision of this chapter. The applicable provisions for establishing new uses or new structures in section 10-10-4, 10-10-5 or 10-10-6 of this chapter will apply depending upon whether the use or structures is in the floodway, flood fringe or general floodplain district, respectively.
   6. If a "substantial improvement" occurs, as defined in subsection 10-10-2(H) of this chapter, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement of the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of section 10-10-4 or 10-10-5 of this chapter for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. (Ord. 1250, 10-18-2011)
      

1. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional or interim use permits) 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:
   1. In responding to a suspected ordinance violation, the building official or designee and the city council may utilize the full array of enforcement actions available to them including, but not limited to, prosecution and fines, injunctions, after the fact permits, orders for corrective measures, or a request to the national flood insurance program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the national flood insurance program.
   2. Whenever the building official or designee reasonably believes that an ordinance violation has occurred or is occurring, he shall 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 department of natural resources and FEMA regional office along with the city's plan of action to correct the violation to the degree possible.
   3. The building official or designee shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the building official or designee may order the construction or development immediately halted until a proper permit or approval is granted by the city council. If the construction or development is already completed, then the building official or designee may either: a) 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 b) 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.
   4. If the responsible party does not appropriately respond to the building official or designee within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The building official or designee shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this chapter. (Ord. 1250, 10-18-2011)
      

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 at 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 the commissioner determines that, through other measures, lands are protected adequately for the intended uses.

All amendments to this chapter, including floodplain related amendments to the official zoning map, shall be submitted to and approved by the Minnesota commissioner of natural resources prior to adoption. Floodplain related changes to 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 ten (10) days' written or e-mail notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration. (Ord. 1250, 10-18-2011)