The definitions in section 30-1 are applicable in this division. Unless specifically defined in section 30-1, words or phrases used in this division shall be interpreted so as to give them the same meaning as found elsewhere in this Code, or as they have in common usage and so as to give this division its most reasonable application.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, part 6120.5000.

Base flood elevation (BFE). The elevation of the base flood, regional flood, or one-percent annual chance flood. The term "base flood elevation" is used in the flood insurance study, which was conducted by department of natural resources and is attached to the city's official flood plain map.

Development. Any man-made change to improved or unimproved real estate including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, or storage of materials or equipment.

Farm fence. An open type of fence of posts and horizontally run wire, further specified in Minn. Stats., § 344.02, Subd. 1(a),(d).

Flood fringe. The portion of the one-percent annual chance floodplain is located outside of the floodway.

Flood insurance rate map (FIRM). An official map on which the federal insurance administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).

Floodplain. The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

Floodway. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than one-half foot.

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 permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

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

Regulatory flood protection elevation (RFPE). An elevation no lower than one foot above the elevation of the base flood plus any increases in water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the floodway data tables, found in the flood insurance study. Structure, when used in division 11 of this article, means a roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as provided in section 30-1911(c)(10), shall also be considered a nonconforming structure for the purposes of this division.

Substantial damage, as used in this division, means damage of any origin sustained by a structure where the cost of restoring the structure to it before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement, as used in this division, means, within any 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:

(1)

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

(2)

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 division, "historic structure" shall be defined in 44 Code of Federal Regulations, Part 59.1. Variance, when used in division 11 of this article, means a modification of a specific permitted development standards required in an official control including this division, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstances as defined and elaborated upon in the city's zoning code.

(Code 1982, § 902.02(8); Ord. No. 2000-02, § 3, 3-20-2000; Ord. No. 11-05, § 2, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

Cross reference— Definitions generally, § 1-2.

The legislature of the state has, in Minn. Stats. Chs. 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as provided in this division.

(Code 1982, § 902.00(1); Ord. No. 23-25, § 1, 12-4-2023)

(a)

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

(b)

This division is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state department of natural resources.

(c)

This division is adopted to comply with the rules and regulations of the national flood insurance program codified as 44 Code of Federal Regulations, Parts 59 through 80, as amended, so as to maintain the city's eligibility in the national flood insurance program.

(d)

This division is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development.

(Code 1982, § 902.00(2); Ord. No. 11-05, § 3, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

It is the purpose of this division to promote public health, safety, and general welfare and to minimize those losses described in section 30-1863(a) by provisions contained in this division.

(Code 1982, § 902.00(3); Ord. No. 23-25, § 1, 12-4-2023)

This division shall apply only to those lands within the jurisdiction of the city shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodplain, shown as Zones [A or AE] on the flood insurance rate map panels.

(Code 1982, § 902.02(1); Ord. No. 11-05, § 4, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

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 division and other applicable regulations which apply to uses within the jurisdiction of this division. All uses within the floodplain not listed in section 30-1911 shall be prohibited.

(Code 1982, § 902.04(2); Ord. No. 11-05, § 5, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this division. The material attached to the official zoning map shall include the flood insurance study, Sherburne County, Minnesota and incorporated areas, the map index for flood insurance study, Sherburne County, Minnesota and incorporated areas with Map Number 27141CINDO A and the flood insurance rate map panels therein, numbered 27141C0270 F, 27141C0295 F, 27141C0360 F, 27141C0370 F, 27141C0380 F, 27141C0385 F, 27141C0390 F, 27141C0395 F, and 27141C0410 F, all of these documents being dated November 16, 2011, and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of the city clerk.

(Code 1982, § 902.02(2); Ord. No. 2000-02, § 1, 3-20-2000; Ord. No. 11-05, § 6, 10-17-20; Ord. No. 23-25, § 1, 12-4-2023)

The flood insurance rate map panels referenced in section 30-1867 may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this division. If any of these floodplain land areas are annexed into the city after the date of adoption of this division, the newly annexed floodplain lands will be subject to the provisions of this division immediately upon the date of annexation. Annexations into panels not referenced in section 30-1867 require ordinance amendment in accordance with section 30-1869.

(Ord. No. 23-25, § 1, 12-4-2023)

The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional base flood plus any increases in flood elevations caused by encroachments on the floodplain that result from designation of a floodway.

(Code 1982, § 902.02(3); Ord. No. 2000-02, § 2, 3-20-2000; Ord. No. 23-25, § 1, 12-4-2023)

(a)

Division amendments. Any revisions to the floodplain maps by the Federal Emergency Management Agency or annexations of new map panels require a division amendment to update the map references in section 30-1867 of this division.

(b)

Required approval. All amendments to this division must be submitted to the department of natural resources (DNR) for review and approval prior to adoption, for compliance with state and federal rules and requirements. Amendments to the floodplain division shall not be considered valid until approved by the DNR.

(Code 1982, § 902.22; Ord. No. 11-05, § 7, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

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 land development staff, the board of adjustments shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial floodplain regulations or on the date of the first national flood insurance program map showing the area within the 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 to submit technical evidence.

(Code 1982, § 902.02(4); Ord. No. 11-05, § 8, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or private agreements. However, where this division imposes greater restrictions, the provisions of this division shall prevail.

(Code 1982, § 902.02(5); Ord. No. 11-05, § 9, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

This division 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 division 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 division, or any administrative decision lawfully made thereunder.

If any section, clause, provision, or portion of this division is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this division shall not be affected thereby and shall remain in full force and effect.

(Code 1982, § 902.02(6); Ord. No. 11-05, § 10, 10-17-2011; Ord. No. 23-25, § 1, 12-4-2023)

(a)

Uses in violation of the division. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this division shall be considered a public nuisance.

(b)

Civil remedies. The creation of a public nuisance may be enjoined and the maintenance of a public nuisance under this division may be abated by an action brought by the city or the department of natural resources consistent with the provisions of City Code § Chp. 46.

(c)

Enforcement. Violations of the provisions of this division constitutes a misdemeanor and is punishable as defined by law. The city and the State commissioner may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the national flood insurance program for denial of flood insurance.

(Ord. No. 23-25, § 1, 12-4-2023)

Editor's note— Ord. No. 23-25, § 1, adopted December 4, 2023, repealed the former § 30-1874, and enacted a new § 30-1874 as set out herein. The former § 30-1874 pertained to similar subject matter miscellaneous restrictions and derived from the Code of 1982, § 902.04(2)(A)—(C); Ord. No. 11-05, § 12, adopted October 17, 2011).

(a)

The land development staff of the city shall administer and enforce this division. If the land development staff finds a violation of the provisions of this division, the land development staff shall notify the person responsible for such violation and provide a reasonable time, based on the circumstances, to remedy the violation.

(b)

The land development staff 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 land development staff shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

(Code 1982, § 902.16(1), (2)(G); Ord. No. 11-05, § 13, 10-17-2011; Ord. No. 23-25, § 2, 12-4-2023)

Editor's note— Section 13 of Ord. No. 11-05, adopted Oct. 17, 2011, changed the title of § 30-1891 from "Duties of land development staff building and zoning administrator" to "Duties of land development staff."

(a)

Permit required. A permit issued by the land development staff in conformity with the provisions of this division shall be secured prior to the erection, addition, modification, rehabilitation, replacement (including normal maintenance and repair) or alteration of any building, structure, or portion thereof, prior to the use or change of use of a building, structure, or land, prior to the construction of a dam, fence, or on-site septic system, prior to the change or extension of a nonconforming use, prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. Where required by this division or any other provision of this article, such permits may require prior review and approval by the planning commission and city council.

(b)

Application for permit. Application for a permit to the land development staff on forms furnished by the land development staff and shall include the following where applicable: Plans is drawn to scale, showing the nature, location, dimensions, and elevations of the lot; all existing or proposed buildings, structures, service facilities, potential obstructions, fill or storage of materials, and pertinent design features; the location and detail of grading, fill, or storage of materials; copies of any required local, state, or federal permits or approvals; and other relevant information requested by the land development staff as necessary to properly evaluate the application.

(c)

Certificate of zoning compliance. 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 land development staff stating that the use of the building or land conforms to the requirements of this division.

(d)

Construction and use to comply with approved plans. 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 division and punishable as provided by section 30-1873.

(e)

Certification of elevation and floodproofing. 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 division. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

(f)

Record of first floor elevation. The land development staff shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The land development staff shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

(h)

Notifications for watercourse alterations. The land development staff shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. ch. 103G.245, 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).

(i)

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as practicable, but not later than six months after the date such supporting information becomes available, the land development staff shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. Within areas where the floodway has not been delineated, a map revision is only required if development results in stage increases greater than 0.5 feet.

(j)

Notification to the department of natural resources. All notices of public hearings to consider variances or conditional uses under this division must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least ten days before the hearings. Notices of hearings to consider must include copies of the subdivision/plat. A copy of all decisions granting variances and conditional uses under this division must be sent via electronic mail to the department of natural resources respective area hydrologist within ten days of final action.

(k)

Recordkeeping. The city must maintain applicable records in perpetuity documenting the following:

(l)

encroachment analysis as provided in section 30-1911(c)(4);

(2)

Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor, or other qualified individual.

(3)

Substantial damage and substantial improvement determinations, as detailed in section 30-1913(c), including the cost of improvements, repairs, and market value; and

(4)

All variance actions, including justification for their issuance.

(Code 1982, § 902.16(2)(A)—(2)(F); Ord. No. 11-05, § 14, 10-17-2011; Ord. No. 23-25, § 2, 12-4-2023)

(a)

Powers and duties of board of adjustments. The planning commission, which serves as the board of adjustments under this article pursuant to subdivision II of division 2 of this article, shall be the board of adjustments under this division., with the following powers and duties:

(1)

The board of adjustments 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 division.

(2)

The board of adjustments shall hear and decide requests for variances from the provisions of this division pursuant to the standards set forth in this section.

In exercising these powers and duties, the city council shall follow the procedures, rules and regulations established in subdivision II of division 2 of this article.

(b)

Rules. The board of adjustments shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.

(c)

Variances generally. The board of adjustments may authorize upon appeal in specific cases such relief or variance from the terms of this division 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 subdivision II of division 2 of this article. In the granting of such variance, the board of adjustments shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in subdivision II of division 2 of this article which justified the granting of the variance.

(d)

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

(e)

In addition to the criteria set forth in subdivision II of this article, the following additional variance criteria of the Federal Emergency Management Agency must be satisfied for the issuance of a variance for any property within any designated regulatory floodplain:

(1)

Variances shall only be issued upon a showing of good and sufficient cause, and a determination that failure to grant the variance would result in exceptional hardship to the applicant.

(2)

A determination [of] 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 exiting local laws or ordinances.

(3)

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

(4)

No variance shall have the effect of allowing in any district uses prohibiting 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.

(f)

Hearings. The land development staff shall submit by mail to the state commissioner of natural resources a copy of the application for proposed variances sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing on the variance.

(g)

Decisions; restrictions on variances. In granting a variance, the board of adjustment may prescribe appropriate conditions and safeguards, such as those specified in section 30-1914(3), which are in conformity with the purposes of this division. 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 division punishable under section 30-1873. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action and shall be reported as requested by FEMA.

(h)

Flood insurance notice; records and reports. The land development staff shall notify the applicant for a variance that 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 that 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.

(Code 1982, § 902.16(3); Ord. No. 11-05, § 15, 10-17-2011; Ord. No. 23-25, § 2, 12-4-2023)

(a)

Permitted activities. A permit must be obtained from the land development staff to verify compliance with all applicable standards outlined in this division prior to the following uses or activities:

(1)

Any addition, modification, rehabilitation, repair, or alteration to a nonconforming structure as specified in section 30-1916 of this division. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in section 30-1861.

(2)

Any use that requires fill, excavation, storage of materials, or placement of anything that may cause a potential obstruction, as well as any other form of development as defined in section 30-1861 of this division.

(b)

Activities not requiring a permit. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. Farm fences, as defined in section 30-1861, are not considered to be an obstruction, and as such, do not require a permit. A local permit is not required if a public waters work permit has been obtained from the department of natural resources unless a significant area above the ordinary high-water level is also to be disturbed. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this subdivision, do not require a permit.

(c)

Minimum development standards.

(1)

All development must:

a.

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

b.

Be constructed with materials and equipment resistant to flood damage;

c.

Be constructed by methods and practices that minimize flood damage;

d.

Be reasonably safe from flooding and consistent with the need to minimize flood damage;

e.

Be assured to provide adequate drainage to reduce exposure to flood hazards;

f.

Not be detrimental to uses in adjoining areas; and

g.

Not adversely affect the efficiency or restrict the flood carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(2)

Buildings and structures. No new structures, such as buildings or accessory structures may be permitted in the regulatory floodplain. Modifications and alterations of nonconforming structures is subject to the standards in section 30-1916.

(3)

Subdivisions. All new lots must be able to accommodate for a building site with a natural grade outside of the floodplain. All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation (RFPE).

(4)

Encroachment analysis. Development in the following areas requires hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g., projects that restore the site to the previous cross-sectional area).

a.

In a floodway, development may not result in any of the following during the one-percent annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities.

b.

In areas where a floodway has not been delineated, development may not allow stage increases more than one-half (½) foot at any point during the one-percent chance flood. This evaluation must include the cumulative effects of previous encroachments. A lesser water surface elevation increase than one-half (½) foot is required if, due to the water surface level increase, increased flood damages would potentially result.

(5)

Fences not meeting the definition of farm fences are not permitted.

(6)

Transportation facilities. Railroad tracks, roads, and bridges must be elevated to the regulatory flood protection elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. 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. All public transportation facilities should be designed to minimize increases in flood elevations.

(7)

Public utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the regulatory flood protection elevation (RFPE), be located and constructed to minimize or eliminate flood damage and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, part 7035.0300, are prohibited. Water supply systems are subject to the provisions in Minnesota Rules, part 4725.4350.

(8)

Potential pollutants. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, as well as those likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural, or industrial waste; and other wastes as further defined in Minn. Stats., § 115.01, are prohibited.

(9)

Land alterations. In areas within 25 feet of the ordinary high-water level, land alterations shall be restricted to:

a.

The minimum required to accommodate beach and access areas, not to exceed a volume greater than ten cubic yards; and

b.

The minimum required to accommodate for public utilities, roads, railroad tracks, bridges, and shoreline stabilization projects to correct an identified erosion problem, as verified by a qualified resource agency or the zoning administrator.

(10)

Recreational vehicles must be travel-ready, meeting the following criteria:

a.

The vehicle must be fully licensed.

b.

The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities.

c.

No permanent structural type additions may be attached to the vehicle.

(11)

Private on-site water supply, individual sewage treatment systems, and other service facilities shall be subject to applicable provisions detailed in section 30-1912(7), Replacement of on-site sewage treatment systems are to be constructed to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, part 7080.2270. No new private service facilities may be permitted in the regulatory floodplain.

(Ord. No. 23-25, § 3, 12-4-2023)

Editor's note— Ord. No. 23-25, § 3, adopted December 4, 2023, repealed subdiv. III, §§ 30-1911?-30-1914, which pertained to zoning districts and restrictions and derived from the Code 1982, §§ 902.04(1), 902.06, 902.08, and 902.16(4); Ord. No. 2000-02, § 4, adopted March 20, 2000; Ord. No. 11-05, § 16—24, adopted October 17, 2011.

(a)

A structure or the use of a structure or occupancy of land which was lawful before the passage or amendment of the subdivision from which this division is derived, but which is not in conformity with the provisions of this division, may be continued subject to the following conditions:

(1)

Within the floodway, or where the floodway has not been delineated, any expansion or enlargement of uses or structures is prohibited.

(2)

Any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this subdivision, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the regulatory flood protection elevation (RFPE).

If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in section 30-1913, (c), it may not be reconstructed except in conformity with the provisions of this division. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises or structure must conform to this division.

(b)

Standards for modifications and alterations of nonconforming structures. In addition to the standards identified in section 30-1911(c), the following standards and procedures apply to additions, modifications, rehabilitations, repairs, alterations, or maintenance of nonconforming structures:

(1)

All structures, including manufactured homes, must be elevated on fill so that the lowest floor of the lowest enclosed area (including basement) is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the state commissioner.

(2)

Electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(c)

Substantial improvement and substantial damage determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the state commissioner is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:

(1)

Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.

(2)

Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the state commissioner to evaluate costs.

(a)

Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.

(b)

Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition.

(3)

Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in section 30-1861 of this division.

(4)

Based on this determination, the state commissioner shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this division.

(Code 1982, § 902.18; Ord. No. 11-05, § 25, 10-17-2011; Ord. No. 23-25, § 3, 12-4-2023)

Editor's note— Ord. No. 23-25, § 3, adopted December 4, 2023, renumbered the former § 30-1915 as § 30-1912 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.