A.   Statutory Authority: The legislature of the state of Minnesota, in Minnesota Statutes, Chapters 103F and 462, has delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

   B.   Findings of Fact: The City Council of the City of Cottage Grove makes the following findings:

      1.   The flood hazard areas of the City of Cottage Grove, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

      2.   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.   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 eligibility of the Cottage Grove community in the national flood insurance program.

   C.   Statement of Purpose: It is the purpose of this Chapter to promote the public health, safety, and general welfare and to minimize those losses described in this Section.

   A.   Lands to Which Chapter Applies: This Chapter applies to all lands within the jurisdiction of the City as shown on the City’s Official Zoning Map and the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general floodplain districts.

   B.   Establishment of Official Zoning Map: The Official Zoning Map together with all attachments thereto is hereby adopted by reference. The attachments to the Official Zoning Map include the flood insurance study for Washington County, Minnesota, and incorporated areas and flood insurance rate map panels therein numbered 27163C0392E, 27163C0394E, 27163C0403E, 27163C0405E, 27163C0410E, 27163C0411E, 27163C0412E, 27163C0413E, 27163C0414E, 27163C0416E, 27163C0417E, 27163C0418E, 27163C0419E, 27163C0430E and 27163C0438E, all dated February 3, 2010, and prepared by the federal emergency management agency. The Official Zoning Map shall be on file in the Office of the City Clerk.

   C.   Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be seven hundred feet (700') above mean sea level or an elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway, whichever is greater.

   D.   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 Community Development Director, the Board of Adjustments and Appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (one hundred (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 area within the one hundred (100) year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustments and Appeals and to submit technical evidence.

   E.   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. The regulations in this Chapter are in addition to rather than in substitution of regulations imposed by any other zoning classification for designated floodplains. In the event of any inconsistency between the provisions of this Chapter and other City Code provision, the more restrictive provision shall prevail.

   F.   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 or any officer or employee thereof for any flood damages that may result from reliance on this Chapter or any administrative decision lawfully made thereunder.

   G.   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.

   H.   Annexations: The flood insurance rate map panels adopted by reference in this Section may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this Chapter. If any of these floodplain land areas are annexed into the City 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.

   A.   Flood Management Overlay Districts:

      1.   Floodway District: The floodway district shall include those areas designated as floodway on the flood insurance rate map adopted in City Code Section 11-10-2.

      2.   Flood Fringe District: The flood fringe district shall include those areas designated as floodway fringe. The flood fringe district shall include those areas shown on the flood insurance rate map as adopted in City Code Section 11-10-2 as being within zone AE but being located outside of the floodway.

      3.   General Floodplain District: The general floodplain district shall include those areas designated as zone A and zone AE without a floodway on the flood insurance rate map adopted in City Code Section 11-10-2.

   B.   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 in City Code Sections 11-10-4, 11-10-5 and 11-10-6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that:

      1.   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Chapter and specifically City Code Section 11-10-9.

      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 City Code Section 11-10-11.

      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 City Code Section 11-10-10.

   A.   Permitted Uses:

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

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

      3.   Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails.

      4.   Residential lawns, gardens, accessory parking areas, and play areas.

   B.   Standards for Floodway Permitted Uses:

      1.   The use shall have a low flood damage potential.

      2.   The use shall be permissible in the underlying zoning district.

      3.   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.

   C.   Conditional Uses:

      1.   Structures accessory to permitted uses listed above.

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

      3.   Marinas, boat rentals, docks, piers, wharves, and water control structures.

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

      5.   Storage yards for equipment, machinery, or materials, other than fuel storage tanks.

      6.   Placement of fill or construction of fences.

      7.   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 City Code Section 11-10-9.C.

      8.   Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten (10) year frequency flood event.

   D.   Standards for Floodway Conditional 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 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.

      2.   Conditional Uses: All floodway conditional uses are subject to the procedures and standards contained in City Code Section 11-10-10.D.

      3.   Conditional Use Permissible: The conditional use shall be permissible in the underlying zoning district.

      4.   Fill:

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

         b.   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.

         c.   As an alternative, and consistent with subsection D.4.b of this Section, dredge spoil disposal 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 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 must be recorded in the Office of the County Recorder or County Registrar of Titles, as appropriate.

      5.   Accessory Structures:

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

         b.   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum 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.

         c.   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, does not exceed five hundred (500) square feet in size at its largest projection, and for a detached garage, the detached garage 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 a 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 (1) 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.

      6.   Storage of Materials and Equipment:

         a.   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.

         b.   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.

      7.   Structural Works: 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. Community wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

      8.   Levee, Dike or Floodwall in Floodway: A levee, dike or floodwall constructed in the floodway shall not cause an increase to the one hundred (100) year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

   A.   Permitted Uses: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). All permitted uses shall comply with the standards for flood fringe district “permitted uses” listed in subsection B of this Section and subsection E, “Standards For All Flood Fringe Uses”, of this Section.

   B.   Standards For Flood Fringe Permitted Uses:

      1.   All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than 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.

      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 City Code Section 11-10-4.D.5.c.

      3.   The cumulative placement of fill where at any one (1) 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.

   C.   Conditional Uses: Any structure that is not elevated on fill or floodproofed in accordance with subsections B.1 through B.2 of this Section or any use of land that does not comply with the standards in subsections B.3 through B.4 of this Section 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 subsections D and E of this Section and City Code Section 11-10-10.D.

   D.   Standards for Flood Fringe Conditional Uses:

      1.   Alternative 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: a) the enclosed area is above grade on at least one (1) side of the structure; b) it is designed to internally flood and is constructed with flood resistant materials; and c) it is used solely for parking of vehicles, building access or storage. The above noted alternative elevation methods are subject to the following additional standards:

         a.   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.

         b.   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)   A 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 (1) 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 City Code Section 11-1-3, shall be subject to the following:

         a.   Residential basement construction shall not be allowed below the regulatory flood protection elevation.

         b.   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.   Floodproofing Structures Below Regulatory Flood Protection Elevation: 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 (1) 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 unless the City is enforcing a state approved shore land management ordinance. In the absence of a state approved shore land ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the one hundred (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 Council. 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:

         a.   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.

         b.   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.

      6.   Other Provisions that Apply: The provisions of subsection E of this Section shall also apply.

   E.   Standards for all Flood Fringe Uses:

      1.   All new principal structures must have vehicular access at or above an elevation not more than two feet (2') below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustments and Appeals 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.   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.

      3.   Manufacturing and industrial uses: Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in subsection E.2 of this Section. In considering permit applications, due consideration shall be given to 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 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 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 City Code Section 11-10-9.C.

      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.

   A.   Permissible Uses:

      1.   The uses listed in City Code Section 11-10-4.A shall be permitted uses.

      2.   All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to subsection B of this Section. City Code Section 11-10-4 shall apply if the proposed use is in the floodway district and City Code Section 11-10-5 shall apply if the proposed use is in the flood fringe district.

   B.   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 Community Development Director for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe district.

         a.   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.

         b.   A surface view plan showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

         c.   Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

         d.   A 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 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 Rules 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. The designated engineer or expert shall:

         a.   Estimate the peak discharge of the regional flood.

         b.   Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

         c.   Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (½) foot. A lesser stage increase than one-half (½) foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.

      3.   The Community Development Director shall present the technical evaluation and findings of the designated engineer or expert 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 the Federal Emergency Management Agency, 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 back to the Community Development Director who shall process the permit application consistent with the applicable provisions of City Code Sections 11-10-4 and 11-10-5.

   A.   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 floodplain 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 Chapter and have road access both to the subdivision and to the individual building sites no lower than two feet (2') below the regulatory flood protection elevation. 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.

   B.   Floodway/Flood Fringe Determinations in the General Floodplain District: In the General Floodplain District, applicants shall provide the information required in City Code Section 11-10-6.B 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.

   C.   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 standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

   A.   Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation.

   B.   Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain shall comply with City Code Sections 11-10-4 and 11-10-5. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

   C.   On Site Sewage Treatment and Water Supply Systems: Where public utilities are not provided:

      1.   On site water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the systems; and

      2.   New or replacement on-site sewage treatment systems 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.

      3.   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.

   A.   New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by City Code Section 11-10-7.

   B.   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 City Code Section 11-10-5. If vehicular road access for preexisting manufactured home parks is not provided in accordance with City Code Section 11-10-5.E.1, then replacement manufactured homes will not be allowed until the property owner(s) 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.

   C.   Recreational vehicles that do not meet the exemption criteria specified in subsection C.1 of this Section shall be subject to the provisions of this Chapter and as specifically spelled out in subsections C.3 through C.4 of this Section.

      1.   Exemption: Recreational vehicles are exempt from the provisions of this Chapter if they are placed in any of the areas listed in subsection C.2 of this Section and meet the following criteria:

         a.   Have current licenses required for highway use.

         b.   Are highway ready meaning that they are on wheels or an 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 the underlying zoning district.

      2.   Areas Exempted for Placement of Recreational Vehicles: Recreational vehicles that meet the criteria in subsection C.1 of this Section are exempt from the provisions of this Chapter only if they are placed in one (1) of the following locations:

         a.   Individual lots or parcels of record.

         b.   Existing commercial recreational vehicle parks or campgrounds.

         c.   As part of an existing condominium type association.

      3.   Recreational Vehicles Exempted: Recreational vehicles exempted in subsection C1 of this section lose the 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 City Code Sections 11-10-4 and 11-10-5. 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 Recreational Vehicle Parks or Campgrounds: 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 City Code Section 11-10-5.E.1. No fill placed in the floodway to meet the requirements of this Section shall increase flood stages of the one hundred (100) year or regional flood.

         b.   All new or replacement recreational vehicles not meeting the criteria of subsection C.4.a of this Section may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of City Code Section 11-10-10.D. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the one hundred (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 subsections C.1.a and C.1.b 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 City Code Section 11-10-8.C.

   A.   Community Development Director: The Community Development Director shall administer and enforce this Chapter. If the Community Development Director finds a violation of the provisions of this Chapter the Community Development Director shall notify the person responsible for such violation in accordance with the procedures stated in City Code.

   B.   Permit Requirements:

      1.   Permit Required: A permit issued by the Community Development Director in conformity with the provisions of this Chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or onsite 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 floodplain.

      2.   Application for Permit: Application for a permit shall be made in duplicate to the Community Development Director on forms furnished by the Community Development Director 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.

      3.   State and Federal Permits: Prior to granting a permit or processing an application for a conditional use permit or variance, the Community Development Director shall determine that the applicant has obtained all necessary state and federal permits.

      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 Community Development Director 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 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 Chapter, and punishable as provided by City Code.

      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 Chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

      7.   Record of First Floor Elevation: The Community Development Director 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 Community Development Director shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

      8.   Notifications for Watercourse Alterations: The Community Development Director shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the City 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 Statutes, 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).

      9.   Notification to FEMA when Physical Changes Increase or Decrease the One Hundred (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 Community Development Director shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data.

   C.   Board of Adjustments and Appeals:

      1.   Administrative Review: The Board of Adjustments and Appeals 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 Chapter.

      2.   Variances: The Board of Adjustments and Appeals 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 hardship, practical difficulties or circumstances unique to the property under consideration. In the granting of such variance, the Board of Adjustments and Appeals shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, other zoning regulations in the City, and applicable state law, that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the federal emergency management agency must be satisfied:

         a.   Variances shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

         b.   Variances shall 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.

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

      3.   Hearings: Upon filing with the Board of Adjustments and Appeals of an appeal from a decision of the Community Development Director, or an application for a variance, the Board of Adjustments and Appeals shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustments and Appeals shall submit by mail to the Commissioner of the Department of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days’ notice of the hearing.

      4.   Decisions: The Board of Adjustments and Appeals shall arrive at a decision on such appeal or variance within the time required by law. In passing upon an appeal, the Board of Adjustments and Appeals 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 Community Development Director 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 Board of Adjustments and Appeals may prescribe appropriate conditions and safeguards such as those specified in City Code Section 11-10-10.D.7, 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. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of the Department of Natural Resources within ten (10) days of such action.

      5.   Appeals: Appeals from any decision of the Board of Adjustments and Appeals may be made, and as specified in the City Code Section 11-2-13.

      6.   Flood Insurance Notice and Recordkeeping: The Community Development Director 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 twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage and b) such construction below the one hundred (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.

   D.   Conditional Uses: The procedures in City Code Section 11-2-8 shall apply to all applications for conditional use permits under this Chapter. The following additional provisions shall apply to such applications:

      1.   Copy of Application: The Community Development Director shall mail to the Commissioner of the Department of Natural Resources a copy of the conditional use permit application sufficiently in advance so that the Commissioner will receive at least ten (10) days’ advance notice of the public hearing on the application.

      2.   Copy of Decisions Granted: The Community Development Director shall mail to the Commissioner of the Department of Natural Resources a copy of all decisions granting conditional use permits within ten (10) days of such action.

      3.   Information Required for Applications: Applications for conditional use permits must include the following information:

         a.   Plans in triplicate 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

         b.   Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

      4.   Copy of Information to Designated Engineer: The Community Development Director will transmit one (1) copy of the information described in subsection D.3 of this Section 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. 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.

      5.   Factors Upon Which Decision Shall be Based: In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other Sections of this Chapter, 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 facility and its contents to flood damage and the effect of such 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 floodplain 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 floodwaters expected at the site.

         l.   Such other factors which are relevant to the purposes of this Chapter.

      6.   Time for Acting on Application: The City Council shall act on an application in the manner described above within the time required by law. The City Council shall render a written decision on the application.

      7.   Conditions Attached to Conditional Use Permits: Upon consideration of the factors listed above and the purpose of this Chapter, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Chapter. Such conditions may include, but are not limited to, the following:

         a.   Modification 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.   Floodproofing measures, in accordance with the State Building Code and this Chapter. The applicant shall 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.

   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.

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

   B.   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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in City Code Sections 11-10-11.C, 11-10-11.D and 11-10-11.E. A structural addition to a nonconforming structure must be located outside of the floodway and must be elevated on fill to the regulatory flood protection elevation in accordance with subsection 11-10-2.C of this Chapter.

   C.   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 11-10-4 or 11-10-5 of this Chapter for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.

   D.   If any nonconforming use is discontinued for twelve (12) consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the Community Development Director in writing of instances of nonconforming uses that have been discontinued for a period of twelve (12) months.

   E.   If a substantial improvement occurs 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 structure, then the structural addition and the existing nonconforming structure must meet the requirements of City Code Section 11-10-4 or City Code Section 11-10-5 for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively. A nonconforming structure shall not be substantially improved if said structure is located in the floodway.

   A.   The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if he or she determines that, through other measures, lands are adequately protected for the intended use.

   B.   All amendments to this Chapter, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of the Department of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency’s (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of the Department of Natural Resources must be given ten (10) days’ written 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.