Subd. 1.

Finding of facts and purposes.

A.

A portion of the lands within the regulating jurisdiction of the city is subject to recurrent flooding by overflow of rivers and other watercourses causing a hazard to life and property, disruption of commerce and governmental services and the interruption of transportation and communications, all of which are found by the council to be detrimental to the health, safety, welfare and property of residents of the city.

B.

It is the purpose of this section to promote the public health, safety, and general welfare by minimizing the losses described in subparagraph A above.

C.

Statutory authorization. The legislature of the State of Minnesota has, in Minn. Stats. chs. 103F and 462, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minn. Stats. ch. 103F further provides that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program.

D.

Statement of purpose. The purpose of this section is to maintain the city's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

E.

Warning of disclaimer of liability. This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decisions lawfully made thereunder.

Subd. 2.

Definitions. The following terms, as used in this section, shall have the meanings stated:

Accessory use or structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Basement means any area of a structure, including crawl spaces, having its floor or base sub-grade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

Equal degree of encroachment means 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 fringe means that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" as used in the Flood Insurance Study for Dakota County, Minnesota and Incorporated Areas.

Floodplain means the area(s) adjoining a wetland, lake or watercourse which have been or may be covered by the 100-year regional flood. For purposes of land within the city, floodplain shall consist of the floodway and the flood fringe areas delineated on the flood insurance rate map (FIRM) panels adopted herein.

Floodproofing means 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 means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining land which are reasonably required to carry or store the regional flood discharge.

Lowest floor means 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 means 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."

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

Regulatory flood protection elevation means a point not less than one foot above the water surface profile associated with the regional flood plus any increases in the flood heights attributable to encroachments on the floodplain that result from designation of a floodway. It is the elevation to which uses regulated by this section are required to be elevated or floodproofed.

Structure means 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 provisions of this section and other similar items.

Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent 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 either:

(a)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

(b)

Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." For the purpose of this section, "historic structure" shall be as defined in 44 Code of Federal Regulations, Part 59.1.

Subd. 3.

General provisions.

A.

Adoption of the National Flood Insurance Program regulations. The National Flood Insurance Program regulations as codified in 44 Code of Federal Regulations, Parts 59 to 78, and any amendments thereto established and adopted hereafter from time to time, are hereby adopted by reference as though set forth verbatim herein.

B.

Adoption of flood insurance study and flood insurance rate maps. The Flood Insurance Study for Dakota County, Minnesota and Incorporated Areas, the Flood Insurance Rate Map (FIRM) for Dakota County, Minnesota and Incorporated Areas with Panel Nos. 27037C0080E, 27037C0081E and 27037C0090E, and the Flood Insurance Rate Map Index for Dakota County, Minnesota and Incorporated Areas (Map Number 27037CIND4A), with all of the aforementioned documents having an effective date of December 2, 2011, and being developed by the Federal Emergency Management Agency, are hereby adopted by reference as the official floodplain zoning district map and made a part of this section. The official floodplain zoning district map shall be on file in offices of the city clerk and the city planner.

C.

Lands to which floodplain regulations apply. Regulations in this section shall apply to all lands designated on the FIRM adopted in this section as floodplain within the jurisdiction of the city.

D.

Map interpretation. The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the city shall make the necessary interpretations based on the ground elevations that existed on the site at the time the city initially enacted floodplain regulations in this Code or the date of the first National Flood Insurance Program map that delineated or identified a floodplain on the site, whichever is earlier, and on the regional (100-year) flood profile, if available.

E.

Relationship to other city zoning regulations. The floodplain zoning districts shall be considered an overlay zoning district to all existing land use regulations of the city. The permitted and conditional uses set forth in this section shall be permitted only if the use is a permitted or conditional use in the established, underlying zoning district as set forth elsewhere in this chapter. The requirements of this section shall apply in addition to other legally established regulations of the city and where the floodplain regulations contained in this section impose greater restrictions, the provisions of the floodplain regulation shall apply.

F.

Compliance. No new structure or land shall hereafter be used and no structure shall be located, enlarged or extended, converted, repaired, maintained, constructed or structurally altered without full compliance with the terms of this section. Within the floodplain, all uses not listed as a permitted use or a conditional use in this section shall be prohibited. In addition:

1.

Modifications, repair and maintenance, additions, structural alterations or repair after substantial damage to existing legal, nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically the nonconforming structures and uses regulations in this chapter; and

2.

As-built elevations for elevated or floodproofed structures must be certified by ground surveys as provided in this section. Floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in this section.

Failure to comply with the provisions of this section shall be unlawful and constitute a violation of this chapter. Each day that a violation of this section exists constitutes and shall be deemed as a separate violation of this section and this chapter.

G.

Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall apply.

H.

Annexations. The flood insurance rate map panels adopted by reference hereinabove may include floodplain areas that lie outside of the jurisdiction of the city at the time of adoption of this section, as amended. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, as amended, the newly annexed floodplain lands shall be subject to the provisions of this section immediately upon the date of annexation into the city.

I.

Permit requirements.

1.

No person shall erect, construct, enlarge, alter, repair (including normal maintenance and repair), improve, move, remodel or rehabilitate, or demolish any building or structure without first obtaining a separate permit for each building or structure from the protective inspection department. This provision applies to any such construction upon a nonconforming structure or any structure damaged by flood, fire, tornado, winds, or any other source.

2.

No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the construction of a dam, fence, or on-site septic system, the placement of fill, excavation of materials or the storage of materials or equipment within the floodplain shall be commenced until a permit has been obtained from the protective inspection department for each change.

3.

No manufactured home shall be placed on improved or unimproved real estate within a floodway and no manufactured home shall be placed on improved or unimproved real estate within a flood fringe without first obtaining a permit for each manufactured home from the protective inspection department.

4.

To obtain a permit, the applicant shall make application, pursuant to the building/construction regulations in this Code, to the protective inspection department. No construction or other activity as identified above in this paragraph may commence until after such time that the permit has been issued, subject to the National Flood Insurance Program regulations.

5.

The city's chief building official is appointed as the person responsible for receiving applications and examining the plans and specifications for the proposed construction, and the city planner is appointed as the person responsible for receiving applications and examining the plans and specifications for a proposed development or subdivision to determine compliance with the provisions of this chapter and all requirements of the National Flood Insurance Program regulations adopted herein.

6.

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

7.

The responsible persons shall review proposed construction, development or subdivisions to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local laws and this Code.

8.

The city planner 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 Minn. Stats. ch. 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.

As soon as is practicable, but not later than six months after the date such supporting information becomes available concerning physical changes that increase or decrease the 100-year flood elevation, the city planner shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

Subd. 4.

Districts:

A.

Floodway district. The floodway district shall include those areas designated as floodway on the flood insurance rate map as adopted herein.

B.

Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe on the flood insurance rate map as adopted herein, as being within zone AE but being located outside of the floodway.

Subd. 5.

Floodway district (FW) and flood fringe district (FF).

A.

Floodway district (FW) permitted uses. The following uses shall be permitted uses within the floodway district (FW), provided they are not prohibited by any other Code provision and comply with the standards for floodway permitted uses set forth herein:

1.

Agricultural uses not involving a structure, such as: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

2.

Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure or an obstruction or alteration to flood flows such as fill, excavation, or storage of materials or equipment.

3.

Loading areas and parking areas for industrial and commercial uses.

4.

Private and public recreational uses not involving a structure, such as: tennis courts, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, hunting and fishing areas, and hiking and horseback riding trails.

5.

Residential uses not involving a structure, such as: lawns, gardens, parking areas and play areas.

6.

Outdoor storage of recreational vehicle provided it meets the exception criteria as set forth in clause J.4.(d) of this subdivision and is otherwise permitted by the underlying zoning district.

B.

Floodwayconditional uses. The following uses shall only be permitted by conditional use permit within the floodway of the floodplain district (FP), provided they are not prohibited by any other Code provisions and comply with the standards for floodway conditional uses herein:

1.

Structures accessory to the permitted uses within the floodway and conditional uses set forth in this paragraph.

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.

6.

Placement of fill or construction of fences.

7.

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-year frequency flood event.

C.

Standards for floodway permitted uses:

1.

The use shall have a 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.

D.

Standards for 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 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.

2.

All floodway conditional uses shall be subject to the procedures and standards for conditional use permits set forth in this chapter.

3.

Land excavation or disturbance.

(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)

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 100-year or regional flood but only after the city council has approved a plan which assures the removal of the materials from the floodway based upon the flood warning time available.

4.

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 be the least obstructive to the flow of flood waters and:

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

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.

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 Minn. Stats. ch. 103G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

7.

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.

8.

Placement of fill below the 100-year flood elevation is prohibited unless a certified written statement by a licensed professional engineer is submitted to the city, and which statement shall certify that the proposed fill will not cause a rise in the 100-year flood elevation of the waterbody.

Compensatory flood storage area to offset the proposed fill in the floodplain shall be created before the proposed fill is placed in the floodplain, unless the permit applicant demonstrates that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently.

E.

Floodway district prohibited uses. The following uses shall be prohibited in the floodway district (FW):

1.

The placement of new or used principal buildings or structures in the floodway area, including residential structures. New residential subdivisions are also prohibited.

2.

Recreational vehicle parks or campgrounds shall not be permitted.

3.

Manufactured homes shall not be permitted.

F.

Flood fringe (FF) district permitted uses. Any use permitted pursuant to the underlying zoning district is a permitted use within the flood fringe portion of the floodplain district, subject to the standards for flood fringe uses set forth herein.

G.

Standards for flood fringe district permitted uses:

1.

All structures, including accessory structures, shall be such that the lowest floor of the lowest enclosed area (including basement and crawl space) is no less than two feet above the regulatory flood protection elevation (100-year flood elevation). If fill is placed to increase the grade elevation, the finished fill elevation for a structure shall extend at the same elevation at least 15 feet beyond the outside limits of the structure erected thereon.

2.

As an alternative to elevation on fill, accessory structures that do not exceed 500 square feet at its largest projection may be floodproofed in accordance with the accessory structure requirements under the standards for floodway conditional uses herein.

3.

The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.

H.

Flood fringe district conditional uses. Any structure or use that does not comply with the standards for flood fringe permitted uses shall only be permitted by a conditional use permit, provided it is permitted pursuant to the underlying zoning district and comply with all standards applicable to flood fringe uses set forth herein.

I.

Standards for flood fringe conditional uses.

1.

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, subject to the following requirements:

(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 flood water 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 comply with the following:

(1)

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

(2)

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.

Alternative elevation methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage.

2.

Basements shall be subject to the following:

(a)

A residential basement is prohibited if any part of the basement is to be constructed less than two feet above the regulatory flood protection elevation.

(b)

A basement for a non-residential structure of which any part thereof is constructed less than two feet above the regulatory flood protection elevation is permitted only if the structure is structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classification in the state building code, 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.

3.

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 governing body.

J.

Standards for all flood fringe district uses.

1.

All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the variance shall be subject to a condition that specifies 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.

In industrial and commercial use zones, accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation provided the property has an operational 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 upon occurrence of the regional flood.

3.

Placement of fill below the 100-year flood elevation is prohibited unless a certified written statement by a licensed professional engineer is submitted to the city which statement shall certify that the proposed fill will not cause a rise in the 100-year flood elevation of the waterbody. Compensatory flood storage area to offset any fill placed in the floodplain shall be created before the proposed fill is placed in the floodplain, unless the permit applicant demonstrates that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently.

Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method in accordance with the Federal Emergency Management Agency (FEMA) criteria for 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.

4.

Manufactured homes and recreational vehicles:

(a)

Manufactured home parks shall be permitted only if permitted in the underlying zoning district and shall be subject to consideration of all the standards for flood fringe uses.

(b)

The placement of new or replacement manufactured homes in manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a "new structure" and shall be subject to all standards applicable to permitted and conditional flood fringe standards set forth herein. If vehicular road access for pre-existing manufactured home parks is not in accordance with the provisions herein, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan and warning system acceptable to the city.

(c)

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.

(d)

Recreational vehicles shall not be permitted except for purposes of storage while not in use, provided:

(1)

It has current licenses required for highway use.

(2)

It is highway ready which shall mean on wheels or the internal jacking system, is attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and has no permanent structural type additions attached to it.

(3)

It is permitted under the underlying zoning district.

Recreational vehicles that would be otherwise exempt from this section as listed above are not exempt when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $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 this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

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 floodplain zoning district map.

Subd. 6.

Floodplain evaluation procedure.

A.

Site evaluation. Upon receipt of an application for a building permit, conditional use permit, variance, or a new development, use or subdivision approval within the floodplain district, the city shall require the applicant to furnish sufficient site development plans. Floodway and flood fringe delineations and 100-year flood elevations that are provided in the flood insurance study and flood insurance rate map panels adopted in subdivision 3.B of this section must be utilized for making floodway and flood fringe boundary and regulatory flood protection elevation determinations

under this section. Procedures consistent with Minnesota Rules (Technical Standards and Requirements for Floodplain Evaluation and Minimum Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.

B.

Notification to DNR. The city shall submit one copy of all information required by subdivision 6.A of this section to the department of natural resources' area hydrologist for review and comment at least ten days prior to the granting of a conditional use permit, variance or zoning amendment, and at least 20 days prior to the granting of a subdivision approval by the city. The city shall notify the department of natural resources' area hydrologist within ten days after a conditional use permit, variance, subdivision or manufactured park development/subdivision is approved by the city. The city shall also provide notice to the commissioner of the department of natural resources no less than ten days prior to a hearing on the application for a conditional use permit, variance, or subdivision, if a hearing is required.

C.

Certification of lowest floor elevations. Lowest floor elevation shall not be permitted less than two feet above the regulatory flood protection elevation unless the structure is floodproofed in accordance with the provisions of this section. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. The community development director or project planner shall maintain a record of the elevation of the lowest floor (including basement) for all alterations or additions, to existing structures in the floodplain district.

Subd. 7.

Special provisions for floodplain variances.

A.

For floodplain regulation purposes, a variance means a modification of a specific permitted development standard required in an official control, including this section, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in the city's zoning provisions.

B.

The council may authorize, upon appeal in specific cases, such relief or variance from the floodplain regulations as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the state enabling legislation for planning and zoning for Minnesota cities. In the granting of such a variance, the council shall clearly identify in writing the specific condition that exists consistent with the criteria specified in the enabling legislation which justified the granting of the variance. The variance shall otherwise be processed in accordance with the variance regulations in this chapter. No variance shall have the effect of allowing a lower degree of flood protection than the regulatory flood protection for the particular area and a variance will not be granted if any increase in flood levels during the base flood discharge would result. A variance will not be granted if the proposal does not provide the least restrictive relief considering the flood hazard.

C.

Variances shall only be granted by the city upon a showing of good and sufficient cause, a determination that the failure to grant the variance would result in exceptional hardship to the applicant, and 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 laws or ordinances.

Subd. 8.

Subdivision of land within floodplain.

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 of adequate size to provide area for the building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and road access both to the subdivision and to the individual building sites no lower than two feet 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. This subdivision shall apply to the development of a manufactured home park, if otherwise permitted by the underlying zoning district regulations.

B.

Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.

Subd. 9.

Public utilities, railroads, roads, and bridges.

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 the provisions of the section. 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 individual sewage treatment and water supply systems. Where public utilities are not provided: 1) on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) new or replacement individual sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any individual sewage treatment system designed in accordance with the state's current statewide standards for individual sewage treatment systems shall be determined to be in compliance with this section.

Subd. 10.

Nonconforming uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section, but which is not in conformity with the provisions of this section may be continued subject to the following conditions:

A.

Historic structures, as defined in the National Flood Insurance Program regulations, shall be subject to the provisions of [this] subdivision.

B.

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

C.

A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials in accordance with any of the floodproofing classifications (i.e., FP-1 through FP-4) allowable in the state building code so as not to result in increasing the flood damage potential of that use or structure and as further restricted in subdivision 10.D and subdivision 10.F of this section. A structural addition to a structure must be elevated on fill to the regulatory flood protection elevation or otherwise floodproofed in accordance with this section.

D.

The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure, unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost of labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards set forth in this section for new structures.

E.

If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, it shall not be reconstructed except in conformity with the provisions of this section. The chief building official may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill or otherwise floodproofed in conformity with the provisions of this section.

F.

If a substantial improvement is made by 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 addition and the existing nonconforming structure must meet the requirements of this section for new structures, depending upon whether the structure is in the floodway or flood fringe.

G.

In addition to the provisions herein, all nonconforming uses within floodway and flood fringe districts shall be subject to the general zoning regulations for nonconforming structures and uses set forth elsewhere in this chapter. If any provision in this section is contrary to any provision in the general zoning regulations for nonconforming structures and uses set forth elsewhere in this chapter, the provisions in this section shall apply and control, specifically noting paragraphs D and E in this subdivision.

Subd. 11.

Amendments to floodplain regulations. 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/she determines that, through other measures, lands are adequately protected for the intended use.

All amendments to this section, including amendments to the official zoning map, must be first submitted to and approved by the commissioner of natural resources. Any amendment to the floodplain designation on the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must first receive FEMA approval. The commissioner of natural resources must be given ten days' written notice of all public hearings to consider an amendment to this section and said notice shall include a draft of the amendment or technical study under consideration.

Subd. 12.

Administration.

A.

State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the zoning administrator shall determine that the applicant has obtained all necessary state and federal permits.

B.

Certificate of zoning compliance for a new, altered, or nonconforming use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the zoning administrator stating that the use of the building or land conforms to the requirements of this section.

C.

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 section, and punishable as provided by this Code

D.

Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

E.

Record of first floor elevation. The chief building official 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 chief building official shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

F.

Flood insurance notice and record keeping. The chief building official or city planner shall notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $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.

(Ord. No. 366, 2nd series, eff. 10-7-03; Ord. No. 512, 2nd series, § 1, eff. 11-7-2012; Ord. No. 590, 2nd series, §§ 2—6, eff. 11-24-2020)