The purpose of the UR Urban Reserve District is to preserve areas where urban public utilities are not presently available. These lands are to be retained in a natural state or in agricultural use pending the proper timing for the economical provision of sewer and water, streets, parks, storm drainage and other public utilities and services so that orderly development can occur. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

Subject to applicable provisions of this title, the following are permitted uses in a UR District:

   Cannabis cultivator (outdoor).

   Farms, farmsteads, farming and agricultural related buildings and structures subject to State pollution control standards, but not including animal feedlots or other commercial operations.

   Forestry, nurseries, greenhouses and tree farms, excluding retail sales.

   Residential programs as regulated by State Statute.

   Single-family dwellings with density not greater than one dwelling unit per forty (40) acres.

   Temporary outdoor uses for the sale of agricultural products restricted to farms.

   Wildlife areas and game refuges. (Ord. 166, 2-22-2018; amd. Ord. 323, 4-10-2025)

Subject to applicable provisions of this title, the following are permitted accessory uses in the UR District:

   Daycare (in home) as regulated by State Statute.

   Ground source heat pump systems as regulated by chapter 14 of this title.

   Off street parking and off street loading as regulated by chapter 9 of this title.

   Operation and storage of vehicles, equipment and machinery which are incidental and customary to permitted or conditional uses allowed in this district.

   Permitted home occupations as regulated by section 11-5-17 of this title.

   Private garages and parking spaces for operable passenger cars and trucks.

   Roof mounted wind energy systems which extend not more than six feet (6') above the highest point of the roof as regulated by chapter 14 of this title.

   Secondary or accessory use antennas as regulated by chapter 13 of this title.

   Solar energy systems as regulated by chapter 14 of this title.

   Storage of private recreational vehicles and equipment as regulated by subsection 11-8-2 of this title.

   Swimming pools, tennis courts and other recreational facilities which are operated for the enjoyment and convenience of the residents of the principal use and their guests.

   Tool houses, toolsheds and similar buildings for storage of domestic and farm supplies and noncommercial recreational equipment. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 85, 12-1-2011)

Subject to applicable provisions of this title, the following are conditional uses in the UR district and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:

   Cemeteries.

   Commercial, private, and public satellite dish transmitting or receiving antennas greater than two meters (2 m) in diameter as regulated by chapter 13 of this title.

   Commercial riding stables, dog kennels, animal hospitals and overnight care and similar uses; provided, that the provisions of this code relating to animals are considered and determined to be satisfied.

   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts; provided, that the applicable provisions of section 11-4-5 of this title are determined to be satisfied.

   Personal wireless service antennas not located upon a public structure or existing tower as regulated by chapter 13 of this title.

   Satellite TVROs greater than one meter (1 m) in diameter as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022; Ord. 309, 11-14-2024; Ord. 323, 4-10-2025)

Subject to applicable provisions of this title, the following are interim uses in the UR district and require an interim use permit based upon procedures set forth in and regulated by section 11-3-3 of this title:

   Driving ranges (golf).

   Interim home occupations as regulated by section 11-5-17 of this title.

   Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the use will be in compliance with the provisions hereof or other applicable provisions of this code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

Subject to applicable provisions of this title, the following uses are allowed by administrative permit in a UR district based upon procedures set forth in and regulated by section 11-3-4 of this title:

   Amateur radio antennas as regulated by chapter 13 of this title.

   Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.

   Personal wireless service antennas located upon a structure as regulated by chapter 13 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

The following minimum requirements shall be observed in a UR district, subject to additional requirements, exceptions and modifications set forth in this title:

   A.   Lot area: Forty (40) acres.

   B.   Lot width: Three hundred feet (300').

   C.   Setbacks:

      1.   Lots greater than five (5) acres in size:

         a.   Front yard: Fifty feet (50').

         b.   Side yard: Fifty feet (50').

         c.   Side yard street: Fifty feet (50').

         d.   Rear yard: Fifty feet (50').

      2.   Lots five (5) acres or less in size:

         a.   Front yard: Thirty feet (30').

         b.   Side yards:

            (1)   Interior: Ten feet (10').

            (2)   Corner: Twenty five feet (25').

         c.   Rear yard: Thirty feet (30'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

The purpose of the INS institutional district is to provide a specific zoning district for facilities devoted to serving the public. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a nonprofit basis, rather than the sale of goods or services. It is intended that uses within this district will be compatible with adjoining development and typically located on an arterial street or thoroughfare. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

Subject to applicable provisions of this title, the following are permitted uses in the INS district:

   Governmental or public regulated utilities, buildings or structures necessary for the health, safety, and general welfare of the city.

   Preschool, elementary, junior or senior high schools having a regular course of study accredited by the state of Minnesota.

   Public parks, play fields, recreational uses and directly related buildings and structures as a principal use.

   Publicly owned civic or cultural buildings, such as libraries, city offices, auditoriums, public administration buildings and historical developments.

   Religious institutions, such as churches, chapels, temples and synagogues. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

Subject to applicable provisions of this title, the following are permitted accessory uses in the INS district:

   Accessory uses, buildings and structures; provided, that such uses shall not exceed thirty percent (30%) of the gross floor space of the principal use.

   Ground source heat pump systems as regulated by chapter 14 of this title.

   Keeping of animals subject to the provisions of this code.

   Off street parking and loading as regulated by chapter 9 of this title.

   Open and outdoor storage; provided, that:

      A.   The storage area is screened from view of abutting residential uses, residential zoning districts, and rights of way in accordance with subsection 11-5-4A of this title.

      B.   The storage area is not located within a front yard.

      C.   The storage area is surfaced with asphalt or concrete.

      D.   All lighting is hooded and directed such that the light source is not visible from abutting uses and rights of way.

      E.   The storage area shall not take up off street parking space or loading areas required for conformity with this title.

      F.   Storage of materials shall not be considered hazardous under federal or state environmental law.

   Parks, playgrounds, and athletic fields accessory to a principal use.

   Secondary or accessory use antennas or satellites as regulated by chapter 13 of this title.

   Solar energy systems as regulated by chapter 14 of this title.

   Wind energy systems up to thirty five feet (35') in height as regulated by chapter 14 of this title. (Ord. 5, 12-14-2006; amd. Ord. 38, 4-23-2009; Ord. 80, 11-17-2011; Ord. 85, 12-1-2011)

Subject to applicable provisions of this title, the following are conditional uses in the INS District and require a conditional use permit based upon procedures set forth in section 11-3-2 of this title:

   Cemeteries.

   Colleges, seminaries, and other institutions of higher education.

   Commercial and public radio and television transmitting antennas, and public utility microwave antennas.

   Community centers.

   Essential services involving transmission pipelines and transmission or substation lines in excess of thirty-five kilovolts (35 kV) and up to one hundred kilovolts (100 kV).

   Golf courses.

   Hospitals.

   Living quarters which are provided as an accessory use to a principal or conditional use in this article.

   Off street parking lots as a principal use.

   Personal wireless service antennas not located on an existing structure or tower.

   Residential programs as regulated by State Statute.

   Satellite antennas greater than two meters (2 m) in diameter.

   Wind energy systems up to seventy-five feet (75') in height. (Ord. 166, 2-22-2018; amd. Ord. 244, 3-10-2022)

Subject to applicable provisions of this title, the following are interim uses in the INS District and require an interim use permit based upon procedures set forth and regulated by section 11-3-3 of this title:

   Farms, farmsteads and farming.

   Driving ranges (golf).

   Mining, sand and gravel extraction, and land reclamation and alteration; provided, that the use will be in compliance with the provisions hereof or other applicable provisions of this Code. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011; Ord. 244, 3-10-2022)

Subject to applicable provisions of this title, the following uses are allowed in the INS District by administrative permit based upon procedures set forth in and regulated by section 11-3-4 of this title:

   Essential services, except transmission pipelines and transmission or substation lines in excess of thirty five (35) kilovolts and up to one hundred (100) kilovolts, as regulated by section 11-4-5 of this title.

   Personal wireless service antennas located upon an existing structure or tower or temporary mobile tower as regulated by chapter 13 of this title.

   Temporary outdoor uses as regulated by section 11-5-11 of this title. (Ord. 5, 12-14-2006; amd. 2011 Code; Ord. 80, 11-17-2011)

The following minimum requirements shall be observed in the INS district subject to additional requirements, exceptions and modifications set forth in this title:

   A.   Lot area: Twenty thousand (20,000) square feet.

   B.   Setbacks:

      1.   Front yard: Forty feet (40').

      2.   Side yards: Twenty feet (20').

      3.   Rear yard: Fifty feet (50'). (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

Structures shall not exceed thirty five feet (35') in height, except as provided in section 11-5-2 of this title. (Ord. 5, 12-14-2006; amd. Ord. 80, 11-17-2011)

The purpose of the PUD planned unit development district is to provide comprehensive procedures and standards intended to allow flexibility in the development of residential neighborhoods and/or nonresidential areas that would not be possible under a conventional zoning district. The decision to zone property to a PUD is a public policy decision for the city council to make in its legislative capacity. The intent of this article is to:

   A.   Provide for the establishment of PUD (planned unit development) zoning districts in appropriate settings and situations to create or maintain a development pattern that complies with the city comprehensive plan.

   B.   Allow for the mixing of land uses within a development when such mixing of land uses could not otherwise be accomplished under this title.

   C.   Provide for variations to the strict application of the land use regulations in this title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the city's standards to offset the effect of any variations.

   D.   Promote a more creative and efficient approach to land use within the city, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the city.

   E.   Preserve and enhance natural features and open spaces.

   F.   Maintain or improve the efficiency of public streets and utilities.

   G.   Ensure the establishment of appropriate transitions between differing land uses. (Ord. 127, 3-24-2016)

PUD districts shall be applied to property only in conjunction with projects which fulfill the purpose of such application. PUD zoning designations shall not be applied to property in advance of specific development applications. (Ord. 127, 3-24-2016)

All permitted uses, permitted accessory uses, conditional uses, interim uses, and uses allowed by administrative permit contained in the various base zoning districts defined in chapter 24 of this title shall be treated as potential allowable uses within a PUD district, provided they would be allowed on the site under the comprehensive plan. (Ord. 127, 3-24-2016)

The various lot area, lot width, setback, and building height regulations of the most closely related conventional zoning district shall be considered presumptively appropriate but may be departed from to accomplish the purposes described in section 11-28C-1 of this article. (Ord. 127, 3-24-2016)

A PUD shall consist of a harmonious arrangement and selection of land uses in groupings of buildings that are planned and designed as an integrated unit. The integrated design shall include elements such as building orientation and materials, utilities, parking areas, traffic and pedestrian circulation, landscaping, and open spaces. (Ord. 127, 3-24-2016)

   A.   Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan shall be processed according to the information requirements, standards and procedures for sketch plans as established by section 11-3-6 of this title.

   B.   Development Stage Plan: Development stage submissions shall depict and outline the proposed implementation of the sketch plan stage for the PUD. Information from the sketch plan stage may be included for background and to provide a basis for the submitted plan. The development stage submissions shall include, but not be limited to, the submission requirements stipulated in subsection 11-3-6F of this title.

   C.   Final Stage Plan: After approval of the development stage plan, the applicant may apply for final plan approval for all or a portion of the PUD. The applicant shall submit the following material for review by and approval of the zoning administrator prior to issuance of any building permit(s):

      1.   If the PUD will be developed in different phases, the applicant shall submit a phasing plan for construction of the various elements of the entire PUD.

      2.   Development plans in final form, based on the approved development stage plan, covering that portion of the PUD where building permits will be requested under the phasing plan.

      3.   Proof of recording any easements and restrictive covenants prior to the sale of any land or dwelling unit within the PUD and of the establishment and activation of any entity that is to be responsible for the management and maintenance of any public or common open space or service facility.

      4.   All certificates, seals and signatures required for the dedication of land and recordation of documents.

      5.   Final architectural working drawings of all structures.

      6.   A final plat and final engineering plans and specifications for streets, utilities and other public improvements, together with a development contract agreement for the installation of such improvements and financial guarantees for the completion of such improvements.

      7.   Any other plan, agreements, or specifications necessary for the zoning administrator to review the proposed final plan.

   D.   Processing:

      1.   Preapplication Meeting: Prior to the filing of an application for PUD, the applicant of the proposed PUD is encouraged to arrange for and attend a meeting with the zoning administrator. The primary purpose of the meeting shall be to provide the applicant with an opportunity to gather information and obtain guidance as to the general suitability of his proposal for the area for which it is proposed and its conformity to the provisions of this article before incurring substantial expense in the preparation of plans, surveys and other data.

      2.   Sketch Plan: Prior to the filing of a formal application, the applicant shall submit a sketch plan of the project to the zoning administrator. A sketch plan will be processed according to the information requirements, standards and procedures for sketch plans as established by subsection A of this section.

      3.   Development Stage:

         a.   Application Procedure:   PUD zoning applications shall be processed according to the evaluation criteria and procedures outlined in section 11-3-2 of this title.

         b.   Information Requirements:

            (1)   The information required for all PUD development stage plan applications shall be as specified in subsection 11-3-6F of this title.

            (2)   The zoning administrator, planning commission, and/or city council may excuse an applicant from submitting any specific item of information or document required by this subsection D3b which it finds to be unnecessary to the consideration of the specific PUD being considered.

         c.   Zoning Enactment: A rezoning of a parcel of land to PUD shall not become effective until such time as the city council approves an ordinance reflecting said amendment, which shall take place at the time the city council approves the development stage plan.

      4.   Final Stage: After approval of a development stage plan for all or a portion of the proposed PUD, the applicant shall submit the materials outlined in subsection C of this section for review by the zoning administrator prior to issuance of a building permit(s). (Ord. 127, 3-24-2016)

The city council may require periodic review of a PUD as a condition to approval of a PUD development stage plan in order to ensure compliance with the conditions of the PUD. At such time, the city council may, at its discretion, choose to take additional testimony on the PUD. (Ord. 127, 3-24-2016)

   A.   Minor Plan Modifications/Amendments: Plan modifications/amendments qualifying as minor, as defined by subsection 11-3-2F of this title, shall be processed pursuant to that subsection.

   B.   Major Modification/Amendments: The same review procedure shall be followed for a major modification/amendment of a PUD as was followed with respect to the applicant's development stage plan, outlined in subsection 11-28C-6D3 of this article and pursuant to section 11-3-2 of this title. (Ord. 127, 3-24-2016)

   A.   Records Kept: The zoning administrator shall maintain a record of all PUD districts approved by the city, including information on a project's allowed uses, all pertinent project plans, any conditions imposed on a project by the city council, and such other information as the zoning administrator may deem appropriate.

   B.   Withdrawal Of Application: Any application under this article may be withdrawn by an applicant without prejudice at any time prior to final city council action thereon.

   C.   Platting Of A PUD: In the event that a PUD is to be subdivided into lots or parcels for the purpose of separate ownership, such PUD shall be platted under the platting procedures of the city subdivision ordinance and the related requirements of the county. The preliminary plat shall be processed in conjunction with the development stage plan as outlined in subsection 11-28C-6D3 of this article. A separate action on the final plat shall be processed before the city council prior to or in conjunction with the final stage of the PUD.

   D.   Conveyance Of Property Within A PUD: In the event that any real property within an approved PUD is conveyed in total or in part, the buyer(s) thereof shall be bound by all provisions of the PUD and the general plan for that project. However, nothing in this subsection shall be construed as to make such conveyed property nonconforming with regard to normal zoning standards as long as the conveyed property conforms with the approved PUD and the development plan for a project.

   E.   Agreement/Financial Guarantee: Following the approval of the development plan but prior to final plan approval, the applicant shall enter into an agreement with the city relating to the terms of the PUD, and shall also provide such financial guarantees as the city requires or deems necessary. Such agreement may take the form of:

      1.   A development contract; and/or

      2.   Site improvement performance agreement; and/or

      3.   Another form of legally binding instrument as may be required by the city. (Ord. 127, 3-24-2016)

PUDs which predate the adoption of this chapter shall remain in force except as otherwise amended under the city's zoning ordinance. (Ord. 127, 3-24-2016)

(Ord. 127, 3-24-2016)

PUDs which do not predate the adoption of this chapter and their approved entitlements are provided as follows:

   PUD-1: Elko Speedway, Ordinance no. 149, Ordinance no. 239, and Ordinance no. 278

   PUD-2: Boulder Heights, Ordinance no. 301

   PUD-5: Boulder Pointe Sixth Addition, Ordinance no. 162

   PUD-6: Boulder Pointe Seventh Addition, Ordinance no. 171

   PUD-7: Dakota Acres 1st Addition, Ordinance no. 176

   PUD-8: Pete's Hill, Ordinance no. 199, no. 206, no. 233

   PUD-11: Highlands at Eagle View, Ordinance No. 332

   PUD-12: Dakota Acres 2nd Addition, Ordinance No. 334

   PUD-13: Boulder Pointe Eighth Addition, Ordinance No. 335

(Ord. 150, 3-23-2017; amd. Ord. 162, 8-24-2017; Ord. 171, 4-26-2018; Ord. 176, 9-27-2018; Ord. 199, 8-22-2019; Ord. 206, 12-19-2019; Ord. 233, 6-24-2021; Ord. 239, 12-2-2021; Ord. 278, 8-24-2023; Ord. 301, 7-25-2024; Ord. 332, 7-24-2025; Ord. 334, 12-4-2025; Ord. 335, 1-8-2026)

This floodplain ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, Parts 6120.5000 - 6120.6200; the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations, Parts 59 -78; and the planning and zoning enabling legislation in Minnesota Statutes, Chapters 462. The purpose of the FP Floodplain Overlay District is:

   A.   To regulate development in the flood hazard areas of the City of Elko New Market. These flood hazard areas are subject to periodic inundation, which may result in loss of life and 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. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

   B.   To maintain the community's eligibility in the National Flood Insurance Program.

   C.   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. (Ord. 225, 1-28-2021)

   A.   Lands to Which Chapter Applies: This chapter applies to all lands within the jurisdiction of the City of Elko New Market within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts and further detailed in Sections 11-28D-2(B) and 11-28D-3(A).

      1.   The Floodway, Flood Fringe or General Floodplain Districts are overlay districts superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply.

      2.   Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor in locating the outer boundaries of the one percent (1%) annual chance floodplain.

      3.   The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation (RFPE), defined in Section 11-2-2 of this title, listed under Flood Related Definitions.

      4.   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.

   B.   Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this chapter. The attached material includes the Flood Insurance Study for Scott County, Minnesota, and Incorporated Areas, dated February 12, 2021 and the Flood Insurance Rate map panels enumerated below, dated February 12, 2021, all prepared by the Federal Emergency Management Agency. These materials are on file in the Elko New Market City Hall.

   27139C0310E

   27139C0320E

   27139C0330E

   27139C0335E

   27139C0340E

   27139C0345E

   C.   Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

   D.   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 does not create liability on the part of the City of Elko New Market or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

   E.   Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.

   F.   Definitions: Definitions applicable to this Section 11-28D can be found in Section 11-2-2 of this title and specifically listed under Flood Related Definitions.

   G.   Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 11-28D-2(B) above may include floodplain areas that lie outside of the corporate boundaries of the City of Elko New Market at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City of Elko New Market after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation. (Ord. 225, 1-28-2021)

   A.   Districts:

      1.   Floodway District: Those areas within Zone A areas as shown as shown on the Flood Insurance Rate Maps adopted in Section 11-28D-2(B), which are determined to be located in the floodway based on the floodway and flood fringe delineation methods outlined in Section 11-28D-7(B).

      2.   Flood Fringe District: Those areas within Zone A areas as shown on the Flood Insurance Rate Maps adopted in Section 11-28D-2(B), which are determined to be located in the flood fringe based on the floodway and flood fringe delineation methods outlined in Section 11-28D-7(B).

      3.   General Floodplain District: Those areas within Zone A areas as shown on the Flood Insurance Rate Maps adopted in Section 11-28D-2(B).

   B.   Applicability: Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 11-28D-5 or 11-28D-6 will apply, depending on the location of a property. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district and the standards in Section 11-28D-7 will apply. (Ord. 225, 1-28-2021)

   A.   Permit Required: A permit must be obtained from the Zoning Administrator to verify if a development meets all applicable standards outlined in this chapter prior to conducting the following activities.

      1.   The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also require a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.

      2.   The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in Section 11-2-2 of this chapter.

      3.   The change or extension of a nonconforming use.

      4.   The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

      5.   The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

      6.   Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the Department of Natural Resources.

      7.   Any other type of "development" as defined in this chapter.

   B.   Minimum Development Standards: All new development must be:

      1.   Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

      2.   Constructed with materials and equipment resistant to flood damage;

      3.   Constructed by methods and practices that minimize flood damage;

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

      5.   Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area;

      6.   Assured to provide adequate drainage to reduce exposure to flood hazards.

   C.   Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

   D.   Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in Minnesota Statutes, Section 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.

   E.   Critical Facilities, as defined in Section 11-2-2, are to be located, so that the lowest floor is not less than two feet above the base flood elevation, or the 0.2% annual chance flood elevation, whichever is higher. (Ord. 225, 1-28-2021)

   A.   Permitted Uses: The following uses, subject to the standards set forth in Section 11-28D-5(B), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

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

      2.   Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.

      3.   Open space uses, including but not limited to 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, hunting and fishing areas, and single or multiple purpose recreational trails.

      4.   Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.

      5.   Grading or land alterations associated with stabilization projects.

   B.   Standards For Floodway Permitted Uses: In addition to the applicable standards outline in Section 11-28D-4(B):

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

      2.   The use must not involve structures.

      3.   The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.

      4.   Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with Minnesota Statutes, Section 103G.245 or a utility crossing license in accordance with Minnesota Statutes, Section 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

      5.   Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.

   C.   Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 11-28D-11(D) and further subject to the standards set forth in Section 11-28D-5(D), if otherwise allowed in the underlying zoning district.

      1.   Structures accessory to primary uses listed in 11-28D-5(A)(1-3) above and primary uses listed in 11-28D-5(C)(2 and 3) below.

      2.   Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.

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

      4.   Storage yards for equipment, machinery, or materials.

      5.   Fences that have the potential to obstruct flood flows.

      6.   Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.

   D.   Standards For Floodway Conditional Uses: In addition to the applicable standards outlined in Sections 11-28D-4(B) and 11-28D-5(B):

      1.   Fill; Storage of Materials and Equipment:

         a.   Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

         b.   Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the City of Elko New Market has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

      2.   Accessory Structures: Accessory structures, as identified in Section 11-28D-5(C)(1) may be permitted, provided that:

         a.   Structures are not intended for human habitation;

         b.   Structures will have a low flood damage potential;

         c.   Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;

         d.   Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with Section 11-28D-11(B)(2) shall be required.

         e.   As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, 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 openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with Section 11-28D-11(B)(2) shall be required.

      3.   A levee, dike or floodwall constructed in the floodway must not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. (Ord. 225, 1-28-2021)

   A.   Permitted Uses: Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 11-28D-6(B). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structures or use of a structure or land is permitted provided it does not constitute a public nuisance.

   B.   Standards For Flood Fringe Permitted Uses: In addition to the applicable standards as outlined in Section 11-28D-4(B):

      1.   All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation for structures must be no lower than one foot (1') below the regulatory flood protection elevation (RFPE). Fill for residential structures must extend at the same elevation at least fifteen feet (15') 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 community.

      2.   Accessory Structures: As an alternative to the fill requirements of Section 11-28D-6 (B)(1), any enclosed structures accessory to the uses identified in Section 11-28D-6(A) must meet the following provisions:

         a.   Accessory structures shall constitute a minimal investment not to exceed five hundred seventy six (576) square feet in size, and only be used for parking and storage.

         b.   Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. 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 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, and shall allow automatic entry and exit of floodwaters without human intervention.

      3.   The cumulative placement of fill or similar material on a parcel must not exceed one thousand (1,000) cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 11-28D-6(B)(1) of this chapter.

      4.   All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

      5.   All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City of Elko New Market.

      6.   Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the base flood.

      7.   Manufactured homes and recreational vehicles must also meet the standards of Section 11-28D-10 of this chapter.

   C.   Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 11-28D-11(D) and further subject to the standards set forth in Section 11-28D-6(D), if otherwise allowed in the underlying zoning district(s).

      1.   The placement of floodproofed nonresidential basements below the regulatory flood protection elevation.

      2.   The cumulative placement of more than one thousand (1,000) cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 11-28D-6(B)(1).

      3.   The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of: stilts, pilings, filled stem walls, or above grade, internally flooded enclosed areas such as crawl spaces or tuck under garages, meeting the standards in Section 11-28D-6(D)(5).

   D.   Standards For Flood Fringe Conditional Uses: In addition to the applicable standards outlined in 11-28D-4(B), 11-28D-6(B) and 11-28D-11(D):

      1.   The standards for permitted uses in the flood fringe, listed in Sections 11-28D-6 (B)(4-7), apply to all conditional uses.

      2.   Residential basements, as defined in 2.6, are not allowed below the regulatory flood protection elevation.

      3.   All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with Section 11-28D-11(B)(2) shall be required.

      4.   The placement of more than one thousand (1,000) cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.

         a.   The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.

         b.   The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City of Elko New Market.

         c.   The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.

      5.   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. 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 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:

         a.   Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and include a minimum of two (2) openings on at least two (2) sides of the structure. The bottom of all openings shall be no higher than one foot (1') above grade, and 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.

         b.   Floodproofing certifications consistent with Section 11-28D-11(B)(2) shall be required. The structure shall be subject to a deed-restricted nonconversion agreement with the issuance of any permit. (Ord. 225, 1-28-2021)

   A.   Permitted Uses:

      1.   The uses listed in Section 11-28D-5 of this chapter, Floodway District are allowed with a permit.

      2.   All other uses are subject to the floodway/flood fringe evaluation criteria specified in Section 11-28D-7(B) below. Section 11-28D-5 applies if the proposed use is determined to be in the Floodway District. Section 11-28D-6 applies if the proposed use is determined to be in the Flood Fringe District.

   B.   Procedures For Determining Floodway Boundaries And Base Flood Elevations:

      1.   Requirements for Detailed Studies: Developments greater than fifty (50) lots or 5 acres, or as requested by the zoning administrator, shall be subject to a detailed study to determine the regulatory flood protection elevation and the limits of the Floodway District. The determination of the floodway and flood fringe must be consistent with accepted hydrological and hydraulic engineering standards, and must include the following components, as applicable:

         a.   Estimate the peak discharge of the base flood.

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

         c.   Compute the floodway necessary to convey or store the base flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless development or geographic features warrant other analysis, as approved by the Department of Natural Resources.

      2.   Alternative Methods: For areas where a detailed study is not available or required, the base flood elevation must be determined using best available data. Until a floodway determination can be completed, the entire floodplain must be treated as floodway, with allowable activities restricted to those identified in Sections 11-28D-5(A) and 11-28D-5(C).

         a.   Development allowed in floodways (e.g. bridges, culverts, grading, filling, stabilization projects) must not cumulatively increase flood stages more than one-half foot during a base flood event, as determined by a professional engineer or by using accepted engineering practices approved by the Department of Natural Resources. A stage increase less than one-half foot (1/2') must be used if increased flood damages would result.

         b.   Development prohibited in floodways (e.g. buildings) require a floodway/flood fringe determination to verify the development is within the flood fringe. The floodway/flood fringe determination must be done by a professional engineer or utilize other accepted engineering practices approved by the Department of Natural Resources. Any such proposal must assume a one-half foot stage increase for the purposes of determining the regulatory flood protection elevation to accommodate for future cumulative impacts.

         c.   For areas in and along lakes, wetlands, and other basins that are not affected by velocities, where the floodway has not been determined, an alternative to (a) and (b) above is:

            (1)   All areas that are at or below the ordinary high-water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14 will be considered floodway, and all areas below the base flood elevation but above the ordinary high water level will be considered flood fringe, provided that within twenty five feet (25') of the ordinary high water level, or within the Shore Impact Zone as identified in the community's Shoreland ordinance, whichever distance is greater, land alterations shall be restricted to:

               (A)   the minimum required to accommodate beach and access areas, and accessory structures as permitted, not to exceed a volume greater than ten (10) cubic yards; projects involving volumes exceeding ten (10) cubic yards require engineering analysis as provided in (a) and (b) above, whichever is applicable; and

               (B)   the minimum required to accommodate shoreline stabilization projects to correct an identified erosion problem as identified by a qualified resource agency.

      3.   The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from an engineer or other expert person, or agency, including the Department of Natural Resources.

      4.   Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of 11-28D-5 and 11-28D-6. (Ord. 225, 1-28-2021)

   A.   Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.

      1.   All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

      2.   All subdivisions must 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, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the base flood has been approved by the City of Elko New Market. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

      3.   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 must be clearly labeled on all required subdivision drawings and platting documents.

      4.   In the General Floodplain District, applicants must provide the information required in Section 11-28D-7(B) to determine the base flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (Ord. 225, 1-28-2021)

   A.   Utilities: All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection elevation (RFPE) or located and constructed to minimize or eliminate flood damage.

   B.   Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 11-28D-5 and 11-28D-6 of this chapter. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these 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 Water Supply and Sewage Treatment 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 are subject to the provisions in Minnesota Rules, Part 4725.4350, as amended; and 2) New or replacement on-site 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, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules, Part 7080.2270, as amended. (Ord. 225, 1-28-2021)

   A.   Manufactured Homes: Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:

      1.   New and replacement manufactured homes must be elevated in compliance with Section 11-28D-6 of this chapter and must be securely anchored to a system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

      2.   New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in Section 11-28D-8 of this chapter. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 11-28D-8(A)(2) of this ordinance.

   B.   Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:

      1.   Meet the requirements for manufactured homes in Section 11-28D-10(A), or

      2.   Be travel ready, meeting the following criteria:

         a.   The vehicle must have a current license required for highway use.

         b.   The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

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

         d.   Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Sections 11-28D-4(B) and 11-28D-6(B)(2). (Ord. 225, 1-28-2021)

   A.   Duties: A Zoning Administrator or other official must administer and enforce this chapter.

   B.   Permit Application Requirements:

      1.   Application for Permit: Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:

         a.   A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.

         b.   Location of fill or storage of materials in relation to the stream channel.

         c.   Copies of any required municipal, county, state or federal permits or approvals.

         d.   Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

      2.   Certification: The applicant is 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 ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in the State Building Code. Accessory structures designed in accordance with Section 11-28D-6(B)(2) are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevations, and development in the general floodplain district will not cumulatively increase flood stages more than one-half foot, or less if increased damages would result.

      3.   Certification of Zoning Compliance for a New, Altered, or Nonconforming Use: No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.

      4.   Recordkeeping of Certifications and As-Built Documentation: The Zoning Administrator must maintain records in perpetuity documenting:

         a.   All certifications referenced in Section 11-28D-11(B)(2) as applicable.

         b.   Elevations complying with Section 11-28D-6(B)(1). The Zoning Administrator must also maintain a record of the elevations to which structures and alterations to structures are constructed or floodproofed.

      5.   Notifications for Watercourse Alterations: Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

      6.   Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations: As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

   C.   Variances:

      1.   Variance Applications: An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable State Statutes and Section 11-3-7 of this zoning ordinance.

      2.   Adherence to State Floodplain Management Standards: A variance must not allow a use that is not allowed 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.

      3.   Additional Variance Criteria: The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

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

         b.   Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance would 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 may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

      4.   Flood Insurance Notice: The Zoning Administrator must 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 for $100 of insurance coverage; and 2) Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

      5.   General Considerations: The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:

         a.   The potential 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;

         c.   The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions;

         d.   The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner;

         e.   The importance of the services to be provided by the proposed use to the community;

         f.   The requirement of the facility for a waterfront location;

         g.   The availability of viable alternative locations for the proposed use that are not subject to flooding;

         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 Land Use Plan and flood plain management program for the area;

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

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

      6.   Submittal of Hearing Notice to the Department of Natural Resources: The Zoning Administrator must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.

      7.   Submittal of Final Decisions to the Department of Natural Resources: A copy of all decisions granting variances must be forwarded to the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.

      8.   Record-Keeping: The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.

   D.   Conditional Uses:

      1.   Administrative Review: An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 11-3-2 of the zoning ordinance/code.

      2.   Factors Used in Decision-Making: In passing upon conditional use applications, the City of Elko New Market must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 11-28D-11(C)(5).

      3.   Conditions Attached to Conditional Use Permits: In addition to the standards identified in Sections 11-28D-5(D) and 11-28D-6(D), the City of Elko New Market may 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.   Limitations on period of use, occupancy, and operation.

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

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

      4.   Submittal of Hearing Notices to the Department of Natural Resources: The Zoning Administrator must submit hearing notices for proposed conditional uses to the Department of Natural Resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist

      5.   Submittal of Final Decisions to the Department of Natural Resources: A copy of all decisions granting conditional uses must be forwarded to the Department of Natural Resources within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist. (Ord. 225, 1-28-2021)

   A.   Continuation of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance, but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 11-2-2, are subject to the provisions below.

      1.   A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.

      2.   Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11-28D-11(A)(4) below.

      3.   If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this chapter.

      4.   If any structure experiences a substantial improvement as defined in this chapter, then the entire structure must meet the standards of Section 11-28D-5 or 11-28D-6 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance and repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds fifty percent (50%) of the market value of any nonconforming structure, the entire structure must meet the standards of Section 11-28D-5 or 11-28D-6.

      5.   If any nonconformity is substantially damaged, as defined in this ordinance, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in Sections 11-28D-5 or 11-28D-6 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

      6.   If any nonconforming use or structure experiences a repetitive loss, as defined in Section 11-2-2, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this chapter. (Ord. 225, 1-28-2021)

   A.   Violation Constitutes a Misdemeanor: Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.

   B.   Other Lawful Action: Nothing in this chapter restricts the City of Elko New Market from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.

   C.   Enforcement: Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of Section 11-3 of the zoning ordinance/code. In responding to a suspected ordinance violation, the City of Elko New Market may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Elko New Market must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. (Ord. 225, 1-28-2021)

   A.   Floodplain Designation - Restrictions on Removal: The floodplain designation on the Official Zoning Map must 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 Department of Natural Resources if it is determined that, through other measures, lands are adequately protected for the intended use.

   B.   Required Approval: All amendments to this chapter must be submitted to and approved by the Department of Natural Resources prior to adoption.

   C.   Map Revisions Require Ordinance Amendments: The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 11-28D-2(B). (Ord. 225, 1-28-2021)