This subchapter is enacted to minimize losses in those areas subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. This subchapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state’s Department of Natural Resources.

(Prior Code, § 11.10)

   The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the Council of the city does ordain as follows.

(Prior Code, § 11.10)

   This subchapter shall apply to all lands within the jurisdiction of the city shown on the official zoning maps as being located within the boundaries of the Floodplain District.

(Prior Code, § 11.10)

   (A)   The Official Zoning Map together with all explanatory materials thereon, and attached thereto, is hereby adopted by reference and declared to be a part of this subchapter. The explanatory material shall include the Flood Insurance Study for the city prepared by the Federal Insurance Administration dated 11-17-1981 and the Flood Boundary and Floodway Map and Flood Insurance Rate Map dated 5-17-1982. The Official Zoning Map shall be on file in the office of the City Administrator.

   (B)   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, the Board of Appeals and Adjustments shall make the necessary interpretation based on elevations on the regional (100-year) flood profile and other available technical data. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Board and to submit technical evidence if he or she so desires.

(Prior Code, § 11.10)

   This subchapter does not imply that areas outside the Floodplain District or land uses permitted within this district will be free from flooding or flood damages. This subchapter shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.

(Prior Code, § 11.10)

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

(Prior Code, § 11.10)

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY USE OR STRUCTURE. A use or structure on the same lot, parcel or premises with, and of a nature customarily and clearly incidental and subordinate to, the principal use or structure.

   BASEMENT. For the purposes of this subchapter, means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

   COMMISSIONER. The state’s Commissioner of the Department of Natural Resources.

   EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

   FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel.

   FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded.

   FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study.

   FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.

   FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages.

   FLOODWAY. The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the regional flood.

   HARDSHIP. The property in question cannot be put to any reasonable use under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a HARDSHIP if a reasonable use for the property exists under terms of the official controls.

   MANUFACTURED HOME. A manufactured home, as defined in M.S. § 327.31, as it may be amended from time to time.

   MANUFACTURED HOME PARK. A manufactured home park, as defined in M.S. § 327.14, as it may be amended from time to time.

   OBSTRUCTION. 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 flood hazard area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

   PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.

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

   REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state 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.

   REGULATORY FLOOD PROTECTION ELEVATION. The regulatory flood protection elevation within the Floodplain District shall be established by adding one foot to the base flood water surface elevations with floodway listed in the Floodway Data Table contained in the Flood Insurance Study. REGULATORY FLOOD PROTECTION ELEVATIONS between cross-sections shall be interpolated. The REGULATORY FLOOD PROTECTION ELEVATION within the Floodplain District shall be calculated by a qualified registered professional engineer or by the state’s Department of Natural Resources, in accordance with procedures in § 153.088 of this chapter.

   STRUCTURE. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, the buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers, travel vehicles and recreational vehicles not specifically exempted from the provisions of this subchapter, and other similar items.

   TRAVEL TRAILER, TRAVEL VEHICLE or RECREATIONAL VEHICLE. The same as “recreational equipment”, defined in M.S. § 168.002, as it may be amended from time to time, and “recreational camping vehicles”, defined in M.S. § 327.14, as it may be amended from time to time.

(Prior Code, § 11.10)

   (A)   The floodplain area within the jurisdiction of this subchapter are hereby established as the Floodplain District. The district shall include those areas designated as numbered and unnumbered A Zones on the Flood Insurance Rate Map (or all areas mapped as 100-year floodplain on the FIRM and FHBM). Within the Floodplain District, the flood fringe shall include those areas designated as floodway fringe on the Flood Boundary and Floodway Map.

   (B)   The boundaries of the Floodplain District shall be shown on the Official Zoning Map. Within the district, all uses not allowed as permitted uses or permissible as conditional uses shall be prohibited. 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 subchapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. In addition, a caution is provided here that:

      (1)   New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provision of this subchapter and specifically § 153.087 of this chapter;

      (2)   Modifications, additions, structural alterations or repair after damage to existing non-conforming structures and non-conforming uses of structures or land area regulated by the general provisions of this subchapter and specifically § 153.088 of this chapter; and

      (3)   As-built elevations for elevated or flood-proofed 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 subchapter and specifically § 153.088 of this chapter.

(Prior Code, § 11.10)

   (A)   Permitted uses.

      (1)   Outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;

      (2)   Industrial - commercial loading and/or parking areas, and/or airport landing strips adjacent to industrial or commercial property not in the Floodplain District;

      (3)   Private and public golf courses, tennis courts, driving ranges, picnic grounds, boat launching ramps, parks, wildlife and nature preserves, fishing areas and single or multiple purpose recreational trails; and

      (4)   Residential lawns, gardens, parking areas and play areas.

   (B)   Standards for FP permitted uses.

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

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

   (C)   Conditional uses.

      (1)   Accessory structures located within the flood fringe;

      (2)   Extraction and storage of sand, gravel and other materials;

      (3)   Marinas, boat rentals, docks, piers, wharfs and water control structures;

      (4)   Railroads, streets, bridges, utility transmission lines and pipelines;

      (5)   Storage yards for equipment, machinery or materials;

      (6)   Placement of fill;

      (7)   Travel trailers, travel vehicles and recreational vehicles on individual lots of record in existing or new subdivisions, subject to the exemptions and provisions of § 153.087(C) of this chapter;

      (8)   Structural works for flood control including, but not limited to, levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures, and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency;

      (9)   General crop farming, pasture, grazing;

      (10)   Archery ranges, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting areas; and

      (11)   Swimming areas.

   (D)   Standards for floodplain conditional uses.

      (1)   All uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected.

      (2)   Standards and procedures. All floodplain conditional uses shall be subject to the procedures and standards contained in § 153.088(D) of this chapter.

      (3)   Fill.

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

         (b)   Dredge spoil sites and sand and gravel operations shall not be allowed in the floodplain unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.

         (c)   As an alternative, and consistent with division (D)(3)(b) above, 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 Council has received an appropriate plan which assures the removal of the material from the floodplain based upon the flood warning time available.

      (4)   Accessory structures.

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

         (b)   Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters:

            1.   Whenever possible, structures shall be constructed with longitudinal axis parallel to the direction of flood flow; and

            2.   As far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.

         (c)   Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 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.

      (5)   Storage of materials and equipment.

         (a)   The storage or processing of materials that are, in time of flooding, flammable, explosive or potentially injurious to human, animal or plant life is prohibited.

         (b)   Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the Council.

      (6)   Changing course, current and the like. 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 provision of M.S. Ch. 105, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodplain.

      (7)   Increase in flood. A levee, dike or floodwall constructed in the floodplain 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.

   (E)   Standards for permitted and conditional uses in the flood fringe.

      (1)   General. 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 Appeals and Adjustments must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.

      (2)   Commercial uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.

      (3)   Manufacturing and industrial uses. Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(2) 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.

      (4)   Fill. 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.

      (5)   Hydraulic capacity. Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the Official Zoning Map.

      (6)   Travel trailers and the like. Standards for travel trailers and travel vehicles are contained in § 153.087(C) of this chapter.

      (7)   Manufactured homes. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.

(Prior Code, § 11.10)

   (A)   Upon receipt of an application for a conditional use permit for a use within the 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 floodplain:

      (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 purposed use is in the Floodplain District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 6120.5000 through 6120.6200) 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 one-half foot. A lesser stage increase than one-half 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.

   (C)   The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Council. The Council must formally accept the technical evaluation and the recommended floodplain boundary or deny the permit application. The Council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodplain boundary has been determined, the Council shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with applicable provisions of § 153.083 of this chapter.

(Prior Code, § 11.10)

   (A)   Review criteria.

      (1)   No land shall be subdivided for building construction which is held unsuitable by the Planning Commission and Council for reason of flooding, inadequate drainage or inadequate water supply or sewage treatment facilities. All lots within the Floodplain District shall contain a building site at or above the regulatory flood protection elevation. All residential lots contiguous to a stream and served by municipal sewer shall contain at least 15,000 square feet and shall be at least 75 feet wide at the building line. All other residential lots served by municipal sewer shall contain 10,000 square feet and shall be at least 100 feet wide at the building line. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this subchapter and have road access no lower than two feet below the regulatory flood protection elevation. The following setbacks from the ordinary high water mark shall apply to all structures:

         (a)   Fifty feet for lots served by public sewer; and

         (b)   Seventy-five feet for lots not served by public sewer.

      (2)   For all subdivisions in the Floodplain District, the regulatory flood protection elevation, the required elevation of all access roads and required setbacks shall be clearly labeled on all required subdivision drawings and platting documents.

   (B)   Floodplain determination. When no detailed study has been performed, applicants shall provide the information required in § 153.084 of this chapter to determine the 100-year or regional flood elevation, and the regulatory flood protection elevation for the subdivision site.

   (C)   Removal of special flood hazard area designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year or regional 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.

(Prior Code, § 11.10)

   (A)   All public utilities and facilities including, but not limited to, 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.

   (B)   Railroad tracks, roads and bridges to be located within the Floodplain District shall comply with § 153.083 of this chapter. 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 the 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 service would not endanger the public health or safety.

(Prior Code, § 11.10)

   (A)   New manufactured home parks and expansion to existing mobile home parks shall be subject to the provisions for land subdivisions contained in § 153.085 of this chapter.

   (B)   Manufactured homes in existing manufactured home parks that are located in the Floodplain District may be replaced only if in compliance with the following conditions:

      (1)   The manufactured home lies in the flood fringe;

      (2)   The manufactured home is constructed, anchored, stabilized, and utilities connected in compliance with requirements of Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 1350.0400 through 1350.3800);

      (3)   The manufactured home owner or renter is notified that the manufactured home site lies in the floodplain and may be subject to flooding; and

      (4)   The manufactured home park owner develops a flood emergency plan consistent with the time available after a flood warning.

   (C)   Travel trailers, travel vehicles and recreational vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this subchapter and as specifically detailed below.

      (1)   Travel trailers, travel vehicles and recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (C)(2) below and further they meet the following criteria:

         (a)   Have current licenses required for highway use; and

         (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 travel trailer parks, and the travel trailer/travel vehicle/recreational vehicle has no permanent structural type additions attached to it.

      (2)   The following areas are exempted from placement of travel trailers, travel vehicles and recreational vehicles:

         (a)   Individual lots or parcels of record;

         (b)   Existing commercial recreational vehicle parks or campgrounds; and

         (c)   Existing condominium type associations.

      (3)   Travel trailers, travel vehicles and recreational vehicles exempted in division (C)(1) above lose this exemption when development occurs on the parcel exceeding $1,000 for a structural addition to the travel trailer, travel vehicle or recreational vehicle; or an accessory structure including but not limited to a garage or storage building. The travel trailer, travel vehicle and recreational vehicle; 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 § 153.082 of this chapter.

      (4)   New commercial recreational vehicle parks or campgrounds, and new residential type subdivisions and condominium 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 travel trailer, travel vehicle or recreational vehicle will be allowed in the flood fringe; provided, the trailer or 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 § 153.082 of this chapter. No fill placed in the floodplain district to meet the requirements of this subchapter shall increase flood stages of the 100-year or regional flood.

         (b)   All new or replacement travel trailers, travel vehicles or recreational vehicles not meeting the criteria in division (C)(4)(a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of § 153.088(D) of this chapter. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. The 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. All attendant sewage and water facilities for new or replacement travel trailers, travel vehicles or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding.

(Prior Code, § 11.10)

   (A)   The Code Official designated in § 153.003 of this chapter shall administer and enforce this subchapter. If the Zoning Administrator finds a violation of the provisions of this subchapter, he or she shall notify the person responsible for the violation, indicating the nature of the violation, and ordering the action necessary to correct it, as further specified in § 153.004(E) of this chapter.

   (B)   All uses shall obtain a use permit in accordance with the following standards:

      (1)   A use permit issued by the Zoning Administrator in conformity with the provisions of this subchapter shall be secured prior to the erection, addition or alteration of any building, structure or portion thereof; prior to the change or extension of a non-conforming use; and prior to the placement of fill or excavation of materials within the floodplain;

      (2)   Application for a use permit shall be made to the Zoning Administrator simultaneous to applying for a building permit on forms furnished by him or her 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 of the channel;

      (3)   Prior to granting a use 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;

      (4)   Use permits, conditional use permits or certificates of occupancy 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, arrangements or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by § 153.006 of this chapter. 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 subchapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect;

      (5)   Certificate of zoning compliance for a new, altered or non-conforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use of 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 subchapter. Where a non-conforming use or structure is extended or substantially altered, the certificate of zoning compliance shall specifically state the manner in which the non-conforming structure or use differs from the provision of this chapter; and

      (6)   The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alteration or additions to existing structures in the floodplain districts. He or she shall also maintain a record of the elevations to which structures and alterations or additions to structures are flood-proofed.

   (C)   Variances shall be heard and handled by the Board of Appeals and Adjustment as provided in § 153.020 of this chapter. The following items shall also be provided in all variance requests in the Floodplain Zoning District.

      (1)   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 areas, or permit standards lower than those required by state law. In granting a variance, the Board may prescribe appropriate conditions and safeguards including, but not limited to, those specified in division (D)(4) below, which are in conformity with the purposes of this subchapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under § 153.006 of this chapter.

      (2)   The Board of Appeals and Adjustments shall submit to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing. A copy of all decisions granting variances shall be forwarded to the Commissioner of Natural Resources within ten days of the action.

      (3)   (a)   The Zoning Administrator shall notify the applicant for a variance that:

            1.   The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

            2.   The construction below the 100-year or regional flood level increases risks to life and property.

         (b)   The notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.

      (4)   A certified copy of all variances granted shall be recorded in the office of the County Recorder.

   (D)   Applications for conditional uses permissible under this subchapter shall be subject to the general procedures set forth in §§ 153.035 through 153.041 of this chapter and to the following requirements.

      (1)   A copy of the conditional use request shall be submitted to the Commissioner of Natural Resources sufficiently in advance so as to allow adequate review which in all cases shall be at least ten days prior to the scheduled hearing. A copy of all decisions granting conditional use permits shall be forwarded to the Commissioner of Natural Resources within ten days of the action.

      (2)   Procedures for evaluating proposed conditional uses within the Floodplain (FP) 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 Council and Planning Commission for the determination of the regulatory flood protection elevation, and whether the proposed use is located in the floodway or the flood fringe:

            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;

            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;

            4.   Plans drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the channel; and

            5.   Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.

         (b)   One copy of the above information shall be transmitted 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, the regulatory flood protection elevation, project effects on flood velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters. Procedures consistent with Minnesota Rules, latest supplement, (currently codified in the 1990 Supplement, Number 1, as Minn. Rules parts 6120.5600 and 6120.5700) shall be followed in this expert evaluation. 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 over bank areas; and

            3.   Compute the floodway necessary to convey the regional flood without increasing flood stages more than one-half foot. An equal degree of encroachment on both sides of the stream within the reach shall be assumed.

         (c)   Based upon the technical evaluation of the designated engineer or expert, the Council and Planning Commission shall determine whether the proposed use is in the floodway or flood fringe and the regulatory flood protection elevation at the site.

      (3)   In passing upon conditional use permit applications, the Council and Planning Commission shall consider all relevant factors specified in other sections of this chapter, and:

         (a)   The danger to life and property due to increased flood heights or velocities caused by encroachments;

         (b)   The danger that materials may be swept onto other lands or downstream to the injury of others;

         (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; and

         (l)   Such other factors which are relevant to the purposes of this subchapter.

      (4)   Upon consideration of the factors listed above and the purpose of this chapter, the Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to, the following:

         (a)   Modification of waste disposal 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, dikes, levees and other protective measures; and

         (e)   Flood-proofing measures, in accordance with the State Building Code. 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.

      (5)   A certified copy of all conditional use permits shall be recorded in the office of the County Recorder.

   (E)   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, at or above the elevation of the regional flood and is continuous to land outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use. All amendments to this subchapter including amendments to the Official Zoning Map as it relates to floodplain areas must be submitted to and approved by the Commissioner of Natural Resources and Federal Emergency Management Agency.

   (F)   When violation of the floodplain provisions are either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community’s plan of action to correct the violation to the degree possible.

(Prior Code, § 11.10)

   A structure or the use of a structure or premises which was lawful before the initial adoption or amendment to floodplain controls contained in this subchapter or similar to those contained herein but which now is not in conformity with the provisions of this subchapter may be continued subject to the provisions of § 153.002 of this chapter and the following conditions.

   (A)   No such use shall be expanded, changed, enlarged or altered in a way which increases its non-conformity.

   (B)   Any alteration or addition to a non-conforming structure or non-conforming 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 through FP-4 flood-proofing classifications) allowable in the State Building Code, except as further restricted below.

   (C)   The current cost of all structural alterations or additions to any non-conforming structure over the life of the structure shall not exceed 50% of the current market value of the structure on the date it became a non-conforming use unless the conditions of this subchapter are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city’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% of the current market value of the structure, then the structure must meet the standards of § 153.082 of this chapter for new structures. It is the intent of this provision that all values be adjusted to present day values for an as equal a comparison as possible.

   (D)   If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this subchapter. The real estate tax assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for such a period.

   (E)   If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed, except in conformity with the provisions of this subchapter. The applicable provisions for establishing new uses or new structures in § 153.083 of this chapter will apply.

   (F)   The Zoning Administrator shall prepare a list of those non-conforming uses which have been flood-proofed or otherwise adequately protected in conformity with § 153.088(D)(4) of this chapter. He or she shall present the list to the Council which may issue a certificate to the owner stating that the uses, as a result of these corrective measures, are in conformity with the provisions of this subchapter.

(Prior Code, § 11.10)