The regulations in section 505 of this Code relating to the management of floodplain areas are hereby superseded in all respects by this new section 506 relating to floodplain regulations. All regulations in section 505 relating to management of shoreland shall remain in full force and effect.

Subd. 1.

The Minnesota legislature, in Minn. Stats. § 103F.101, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.

Subd. 2.

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

Subd. 3.

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

Subd. 4.

This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR parts 59—78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

Subd. 5.

It is the purpose of this section to promote the public health, safety, and general welfare and to minimize those losses described in subdivision 2 by provisions contained herein.

Subd. 1.

This section shall apply to all lands within the jurisdiction of the city of Independence shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or General Floodplain Districts.

Subd. 2.

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 section. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016, and the flood insurance rate map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the city clerk-administrator and zoning administrator.

Effective Flood Insurance Rate Map panels: 27053C0109F, 27053C0117F, 27053C0119F, 27053C0128F, 27053C0129F, 27053C0134F, 27053C0135F, 27053C0136F, 27053C0137F, 27053C0138F, 27053C0139F, 27053C0141F, 27053C0142F, 27053C0143F, 27053C0144F, 27053C0257F, 27053C0276F, 27053C0280F, 27053C0285F.

(Amended, Ord. No. 2016-05, § 1)

Subd. 3.

In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state law.

Subd. 4.

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 zoning administrator, the board of adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile 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 and to submit technical evidence.

Subd. 5.

It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other sections inconsistent with this section are hereby repealed to the extent of the inconsistency only.

Subd. 6.

This section 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 section shall not create liability on the part of the city of Independence or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Subd. 7.

If any clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application.

Subd. 1.

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

Subd. 2.

"Base flood elevation" means the elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

(Added, Ord. No. 2016-05, § 1)

Subd. 3.

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

Subd. 4.

"Conditional use" means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

(1)

Certain conditions as detailed in the zoning ordinance exist; and

(2)

The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

Subd. 5.

"Development" means any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(Added, Ord. No. 2016-05, § 1)

Subd. 6.

"Equal degree of encroachment" means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

Subd. 7.

"Flood" means a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.

Subd. 8.

"Flood insurance rate map" means an official map on which the Federal Insurance Administrator has delineated both the special 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).

(Added, Ord. No. 2016-05, § 1)

Subd. 9.

"Flood frequency" means the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

Subd. 10.

"Flood fringe" means that portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the flood insurance study for the City of Independence.

Subd. 11.

"Floodplain" means the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.

Subd. 12.

"Flood proofing" means a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

Subd. 13.

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

Subd. 14.

"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor.

Subd. 15.

"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

Subd. 16.

"New construction" means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

(Added, Ord. No. 2016-05, § 1)

Subd. 17.

"Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

Subd. 18.

"Principal use or structure" means all uses or structures that are not accessory uses or structures.

Subd. 19.

"Reach" means a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

Subd. 20.

"Recreational vehicle" means 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. For the purposes of this section, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.

Subd. 21.

"Regional flood" means a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the flood insurance study.

Subd. 22.

"Regulatory flood protection elevation" means an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

Subd. 23.

"Special flood hazard area" means a term used for flood insurance purposes synonymous with "100-year floodplain."

(Added, Ord. No. 2016-05, § 1)

Subd. 24.

"Start of construction" means and includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(Added, Ord. No. 2016-05, § 1)

Subd. 25.

"Structure" means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in subsection 506.21 of this section and other similar items.

Subd. 26.

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

Subd. 27.

"Substantial improvement." Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

(a)

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

(b)

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

Subd. 28.

"Variance" means a modification of a specific permitted development standard required in an official control, including this section, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, as defined and elaborated upon in a community's respective planning and zoning enabling legislation.

Subd. 1.

The following zoning districts are hereby established:

(a)

Floodway District. The Floodway District shall include those areas designated as floodway on the flood boundary and floodway map adopted in subsection 506.05.

(b)

Flood Fringe District. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in section 506.05 as being within Zone AE, Zone AO, or Zone AH but being located outside of the floodway.

(c)

General Floodplain District. The General Floodplain District shall include those areas designated as Zone A or Zones AE, Zone AO, or Zone AH without a floodway on the flood insurance rate map adopted in section 506.05.

Subd. 2.

No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the Floodway, Flood Fringe and General Floodplain Districts, all uses not listed as permitted uses or conditional uses herein, shall be prohibited.

Subd. 3.

(a)

New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this section;

(b)

Modifications, additions, structural alterations, normal maintenance and repair or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section; and

(c)

As-built elevations for elevated or flood proof structures must be certified by ground surveys and flood proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section.

Subd. 1.

Permitted uses. The following shall be permitted uses within the Floodway District:

(a)

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

(b)

Industrial-commercial loading areas, parking areas, and airport landing strips;

(c)

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

(d)

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

Subd. 2.

The following standards shall apply for floodway permitted uses:

(a)

The use shall have a low flood damage potential;

(b)

The use shall be permissible in the underlying zoning district; and

(c)

The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.

Subd 3.

Conditional uses. The following shall be uses allowed only by conditional use permit within the Floodway District:

(a)

Structures accessory to the uses listed as permitted or conditional uses;

(b)

Extraction and storage of sand, gravel, and other materials;

(c)

Marinas, boat rentals, docks, piers, wharves, and water control structures;

(d)

Railroads, streets, bridges, utility transmission lines, and pipelines;

(e)

Storage yards for equipment, machinery, or materials;

(f)

Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of subsection 506.21 of this section; and

(g)

Structural works for flood control, such as levees, dikes and flood walls, constructed to any height where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.

Subd. 4.

The following standards shall apply for floodway conditional uses:

(a)

No filling is allowed within the floodway;

(b)

No structure, temporary or permanent, deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected;

(c)

All floodway conditional uses shall be subject to the procedures and standards contained in subsection 506.15 of this section;

(d)

The floodway conditional use shall be permissible in the underlying zoning district; and

(e)

Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. As an alternative, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood but only after the city council has received an appropriate plan which ensures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder.

Subd. 5.

The following standards shall apply to all accessory structures:

(a)

Accessory structures shall not be designed for human habitation;

(b)

Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures; and

(c)

Accessory structures shall structurally dry flood proof in accordance with the FP-l or FP-2 flood proofing classifications in the state building code. As an alternative, an accessory structure may be flood proofed to the FP-3 or FP-4 flood proofing classification in the state building code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood proofed accessory structures must meet the following additional standards, as appropriate:

(1)

The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and

(2)

Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood proofed.

(3)

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

Subd. 6.

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council.

Subd. 7.

Structural works for flood control that will change the course, current or cross-section of protected wetlands or public waters shall be subject to the provisions of Minn. Stats. chapter 103G. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

Subd. 8.

A levee, dike or flood wall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.

Subd. 9.

Floodway development must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of a tributary watercourse or drainage system.

(Added, Ord. No. 2016-05, § 1)

Subd. 1.

Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning district(s).

Subd. 2.

The following standards shall apply for flood fringe permitted uses:

(a)

All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon;

(b)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood proofed in accordance with subsection 506.13;

(c)

The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with this section;

(d)

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

(e)

The provisions of subsections 506.13 and 506.15 of this section shall also apply to uses within the flood fringe district.

Subd. 3.

Conditional uses. Any structure that is not elevated on fill or flood proofed in accordance with this section or any use of land that does not comply with the standards in this section shall only be allowable as a conditional use. An application for a conditional use permit shall be subject to the standards and criteria and evaluation procedures specified in subsection 506.15.

Subd. 4.

The following standards shall apply for flood fringe conditional uses:

(a)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if the enclosed area is above-grade on at least one side of the structure, it is designed to internally flood and is constructed with flood resistant materials and it is used solely for parking of vehicles, building access or storage. The alternative elevation methods are subject to the following additional standards:

(1)

The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the state building code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding; and

(2)

Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate the following:

(a)

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

(b)

That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state building code and shall be used solely for building access, parking of vehicles or storage;

(b)

Basements shall be subject to the following:

(1)

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

(2)

Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with this section.

(c)

All areas of nonresidential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood proofed in accordance with the structurally dry flood proofing classifications in the state building code. Structurally dry flood proofing must meet the FP-l or FP-2 flood proofing classification in the state building code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood proofed to the FP-3 or FP-4 classification shall not be permitted; and

(d)

The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the city council.

Subd. 5.

The following additional standards shall apply for all flood fringe uses:

(a)

Any activities that impact the storage volume of the floodplain shall be prohibited unless compensatory floodplain mitigation is provided at a one-to-one ratio by volume and it is demonstrated that the obstruction will not impact the elevation of the regional flood.

(b)

All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the board of adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist;

(c)

Commercial accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation only if there exists a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood;

(d)

Measures shall be taken to minimize interference with normal manufacturing and industrial operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations, subject to requirements set out above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas;

(e)

Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The federal emergency management agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested;

(f)

Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map; and

(g)

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

Subd. 1.

Permissible uses. All uses permitted in the Floodway District shall be permitted uses within the General Floodplain District. All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to this section.

Subd. 2.

The following procedures shall be used for floodway and flood fringe determinations within the General Floodplain District.

(a)

Upon receipt of an application for a conditional use permit for a use within the General Floodplain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the zoning administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District:

(1)

A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information;

(2)

Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type; and

(3)

Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development;

(b)

The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. R. 1983, parts 6120.5000—6120.6200 and 44 CFR part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective department of natural resources' area hydrologist prior to commencing the analysis. The designated engineer or expert shall:

(1)

Estimate the peak discharge of the regional flood;

(2)

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

(3)

Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries; and

(c)

The zoning administrator shall present the technical evaluation and findings of the designated engineer or expert to the city council. The city council must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to FEMA or the Minnesota department of natural resources for review and comment. Once the floodway and flood fringe boundaries have been determined, the city council shall refer the matter back to the zoning administrator who shall process the permit application consistent with the applicable provisions of this section.

Subd. 1.

No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labelled on all required subdivision drawings and platting documents.

Subd. 2.

In the General Floodplain District, applicants shall provide the information required in subsection 506.15 of this section to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

Subd. 3.

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

Subd. 4.

If a subdivision proposal or other proposed new development is in a flood fringe prone area, any such proposal must be reviewed to ensure that:

(Added, Ord. No. 2016-05, § 1)

(a)

All such proposals are consistent with the need to minimize flood damage within the flood prone area.

(Added, Ord. No. 2016-05, § 1)

(b)

All public utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to minimize or eliminate flood damage, and

(Added, Ord. No. 2016-05, § 1)

(c)

Adequate drainage is provided to reduce exposure of flood hazard.

(Added, Ord. No. 2016-05, § 1)

Subd. 5.

Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be:

(Added, Ord. No. 2016-05, § 1)

(a)

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;

(Added, Ord. No. 2016-05, § 1)

(b)

Constructed with materials and utility equipment resistant to flood damage;

(Added, Ord. No. 2016-05, § 1)

(c)

Constructed by methods and practices that minimize flood damage; and

(Added, Ord. No. 2016-05, § 1)

(d)

Constructed with electrical, heating, ventilation, 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.

(Added, Ord. No. 2016-05, § 1)

The following shall apply to public utilities, railroads, roads, and bridges with the Floodway, Flood Fringe and General Floodplain Districts:

Subd. 1.

All public utilities and facilities, such as gas, electrical, sewer, and water supply systems, to be located in the floodplain shall be flood proofed in accordance with the state building code or elevated to above the regulatory flood protection elevation.

Subd. 2.

Railroad tracks, roads, and bridges to be located within the floodplain shall comply with subsections 506.11 and 506.13 of this section. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

Subd. 3.

Where public utilities are not provided, on-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and 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 and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

Subd. 1.

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by subsection 506.17 of this section.

Subd. 2.

The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with subsection 506.13 of this section. If vehicular road access for pre-existing manufactured home parks is not provided, then replacement manufactured homes will not be allowed until the property owner develops a flood warning emergency plan acceptable to the city council.

Subd. 3.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors.

Subd. 4.

Recreational vehicles that do not meet the exemption criteria specified in subdivision 5 below shall be subject to the provisions of this section and as specifically spelled out in this section.

Subd. 5.

Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in subdivision 6 below and further meet the following criteria:

(a)

Have current licenses required for highway use;

(b)

Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks and the recreational vehicle has no permanent structural type additions attached to it; and

(c)

The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.

Subd. 6.

The following areas are exempted for placement of recreational vehicles:

(a)

Individual lots or parcels of record;

(b)

Existing commercial recreational vehicle parks or campgrounds; and

(c)

Existing condominium type associations.

Subd. 7.

Recreational vehicles exempted in subdivision 5 lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in subsection 506.13 of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.

Subd. 8.

New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following:

(a)

Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts, provided said vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with subsection 506.13 of this section. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood; and

(b)

All new or replacement recreational vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of subsection 506.15 of this section:

(1)

The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation; and

(2)

All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with subsection 506.13 of this section.

Subd. 1.

A zoning administrator or other official designated by the city council shall administer and enforce this section. If the zoning administrator finds a violation of the provisions of this section, the zoning administrator shall notify the person responsible for such violation.

Subd. 2.

A permit issued by the zoning administrator in conformity with the provisions of this section shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or 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.

Subd. 3.

Application for a permit shall be made in duplicate to the zoning administrator on forms furnished by the zoning administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel.

Subd. 4.

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

Subd. 5.

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

Subd. 6.

Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided in section 520.31 of this section.

Subd. 7.

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

Subd. 8.

The zoning administrator 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 zoning administrator shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.

Subd. 9.

The zoning administrator shall notify, in riverside 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. Stats. chapter 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

Subd. 10.

Notification must be provided to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the zoning administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

Subd. 11.

The board of adjustment shall hear requests for variances and appeals from the decisions of the zoning administrator regarding this section as in the case of such appeals involving section 520. The board of adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the board of adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this section, any other applicable zoning regulations, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:

(a)

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

(b)

Variances shall only be issued upon:

(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 will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c)

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

Subd. 12.

The board of adjustment shall submit by mail to the commissioner of natural resources a copy of the application for a proposed variance sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing. A copy of all decisions granting variances shall be forwarded by mail to the commissioner of natural resources within ten days of such action.

Subd. 13.

The planning commission shall hear and decide applications for conditional use permits under this section as in the case of such applications under section 520, except that the commissioner of the Minnesota department of natural resources must receive ten days' notice of any hearing. In passing upon conditional use applications, the planning commission shall consider all relevant factors specified in other sections of this section, and:

(a)

The danger to life and property due to increased flood heights or velocities caused by encroachments.

(b)

The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts or other hydraulic structures.

(c)

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.

(d)

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(e)

The importance of the services provided by the proposed facility to the community.

(f)

The requirements of the facility for a waterfront location.

(g)

The availability of alternative locations not subject to flooding for the proposed use.

(h)

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

(i)

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

(j)

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

(k)

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

(l)

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

Subd. 14.

Upon consideration of the factors listed above and the purpose of this section, the planning commission shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following:

(a)

Modification of waste treatment and water supply facilities.

(b)

Limitations on period of use, occupancy, and operation.

(c)

Imposition of operational controls, sureties, and deed restrictions.

(d)

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

(e)

Flood proofing measures, in accordance with the state building code and this section. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

Subd. 15.

A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may continue to be used as in the case of a non-conforming use under subsection 515.07 of this section. Historic structures, as defined in subsection 506.07 of this section, shall be subject to the provisions of subdivisions 13 and 14 above.

(a)

Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood proofing techniques (i.e., FP-1 thru FP-4 flood proofing classifications) allowable in the state building code, except as further restricted in subsections (b) and (d) below.

(b)

The cost of any structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial floodplain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of subsections 506.11 or 506.13 of this section for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

(c)

If any nonconforming use or structure is substantially damaged, as defined in this section, it shall not be reconstructed except in conformity with the provisions of this section. The applicable provisions for establishing new uses or new structures in subsections 506.11, 506.13 or 506.15 will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Floodplain District, respectively.

(d)

If a substantial improvement occurs, as defined in this section, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by (b) above) and the existing nonconforming building must meet the requirements of subsections 506.11 or 506.13 of this section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

Subd. 16.

The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Amendments shall be processed as in the case of zoning amendments under section 520. All amendments to this section, including amendments to the official zoning map, must be submitted to and approved by the commissioner of the Minnesota Department of Natural Resources prior to adoption. Changes in the official zoning map must meet the requirements of FEMA. The commissioner of the Minnesota Department of Natural Resources must be given ten days' written notice of all hearings to consider an amendment to this section and said notice shall include a draft of the ordinance amendment or technical study under consideration.