4.1.1

Applicability. This section shall apply to all lands within the jurisdiction of Northfield shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain subdistricts (designated as the FP-O district on the official zoning map).

4.1.2

General Provisions. The official zoning map is incorporated herein by reference. The official zoning map shall be on file in the office of the city clerk and the city planner. The materials attached to the official zoning map shall include the following: (Revised by Ordinance 923, October 18, 2011).

(A)

The Flood Insurance Study, Rice County, Minnesota and Incorporated Areas and the flood insurance rate maps with panel numbers 27131C0154D, 27131C0158D, 27131C0159D, 27131C0161D,27131C0162D,27131C0170D, all of these documents being prepared by the Federal Emergency Management Agency and dated April 3, 2012; and

(B)

The Federal Emergency Management Agency's Letter of Map Revision (LOMR) for the City of Northfield (case # 12-05-1809P), having an effective date of October 2, 2012; and

(C)

The Flood Insurance Study, Dakota County, Minnesota and Incorporated Areas and the flood insurance rate maps with panel numbers 27037C0480 E, 27037C0481 E, and 27037C0482 E, all of these documents being prepared by the Federal Emergency Management Agency and dated December 2, 2011.

4.1.3

Interpretation.

(A)

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 and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(B)

The boundaries of the subdistricts 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 city planner, the zoning board of appeals shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial flood plain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain, if earlier, and other available technical data. Persons contesting the location of the subdistrict boundaries shall be given a reasonable opportunity to present their case to the zoning board of appeals and to submit technical evidence.

(C)

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 ordinances inconsistent with this section are superseded by this section for flood plain management.

(D)

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

4.1.4

Development Standards for the Floodway Subdistrict (FW).

(A)

Permitted Uses.

(1)

Permitted uses shall include fences, parks, loading areas, parking areas, lawns, gardens, play areas, trails, and buried utility transmission lines, subject to the additional standards in this section.

(2)

All other uses, including those permitted or conditionally permitted in underlying base zoning districts, shall be prohibited.

(3)

Standards for floodway permitted uses shall be as follows and as determined by engineering studies required by the city as part of the application:

(a)

The use shall have a low flood damage potential.

(b)

The use shall be permissible in the underlying zoning district.

(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.

(B)

Conditional Uses. Conditional uses shall include accessory structures, placement of fill, excavation, and/or storage of materials or equipment related to the permitted uses in Section 4.1.4(A), Permitted Uses, above and the uses listed below:

(1)

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

(2)

Storage yards for equipment, machinery, and materials.

(3)

Railroad, streets, bridges, pipelines, and above grade utility transmission lines.

(4)

Recreational vehicles on individual lots of record.

(C)

Standards for Conditional Uses in the Floodway Subdistrict.

(1)

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

(2)

All floodway conditional uses shall be subject to the procedures and standards contained in this Section 4.1, Development Standards for the FP-O District, and Section 8.5.9, Conditional Use Permit.

(3)

The conditional use shall be permissible in the underlying zoning district.

(4)

Fill and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method.

(5)

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:

(c)

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

(d)

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

(e)

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 at its largest projection, 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:

(i)

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

(ii)

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

(iii)

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.

(6)

Storage of Materials and Equipment.

(a)

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

(b)

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

(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. Stat., ch. 103G. Citywide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway.

(8)

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

4.1.5

Development Standards for the Flood Fringe Subdistrict (FF).

(A)

Permitted Uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying base zoning district. All permitted uses shall comply with the standards for flood fringe subdistrict "permitted uses" listed in paragraph (B) below and the "standards for all flood fringe uses" listed in Section 4.1.5(E), Standards for All Flood Fringe Uses.

(B)

Standards for flood fringe permitted uses shall be as follows:.

(1)

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.

(2)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood proofed in accordance with Section 4.1.4(C)(5)(c).

(3)

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

(4)

The provisions of Section 4.1.5(E), Standards for All Flood Fringe Uses.

(C)

Conditional Uses. Any structure that is not elevated on fill or flood proofed in accordance with Section 4.1.5(B)(1) and Section 4.1.5(B)(2) or any use of land that does not comply with the standards in Section 4.1.5(B)(3) shall only be allowable as a conditional use, including those uses that are permitted as of right in the underlying base zoning district. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in paragraph (D) and (E) below, Section 4.1.10(D) and Section 8.5.9, Conditional Use Permit.

(D)

Standards for Flood Fringe Conditional Uses:.

(1)

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. 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: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards:

(a)

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

(b)

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:

(i)

A minimum area of 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 a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and

(ii)

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.

(2)

Basements, as defined by Article 9: Definitions, of this LDC, shall be subject to the following:

(a)

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

(b)

Nonresidential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood proofed in accordance with Section 4.1.5(D)(3) below.

(3)

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-1 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.

(4)

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 flood warning and in accordance with a plan approved by the city.

(5)

The provisions of Section 4.1.5(E), Standards for All Flood Fringe Uses shall also apply.

(E)

Standards for All Flood Fringe Uses. The following standards shall apply to all uses in the flood fringe subdistrict:

(1)

New Principal Structures. 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 zoning board of appeals 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 flood development 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 and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four upon occurrence of the regional flood.

(3)

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 paragraph (2) above. In considering flood development permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain 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)

Flood Plain Developments. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.

(6)

Recreational Vehicles. Standards for recreational vehicles are contained in Section 4.1.9, Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.

(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.

4.1.6

Development Standards for the General Flood Plain Subdistrict.

(A)

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

(1)

The uses listed in Section 4.1.4(A), Permitted Uses shall be permitted uses.

(2)

All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 4.1.6(B) below. Section 4.1.4, Development Standards for the Floodway Subdistrict (FW), shall apply if the proposed use is in the floodway subdistrict and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF), shall apply if the proposed use is in the flood fringe subdistrict.

(B)

Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District

(1)

Upon receipt of an application for a flood development permit or other approval within the general flood plain subdistrict, the applicant shall be required to furnish such of the following information as is deemed necessary by the city planner for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe subdistrict:

(a)

A typical valley cross-section(s) 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.

(b)

Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.

(c)

Photographs showing existing land uses, vegetation upstream and downstream, and soil types.

(d)

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.

(e)

A conditional letter of map revision (CLOMR) from FEMA and a flood plain map that result in FEMA approval.

(2)

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 subdistrict and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000—6120.6200 and 44 Code of Federal Regulations 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:

(a)

Estimate the peak discharge of the regional flood.

(b)

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

(c)

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.

(3)

The city planner shall present the technical evaluation and findings of the designated engineer or expert to the council, who must formally accept the technical evaluation and the recommended floodway and/or flood fringe subdistrict boundary or deny the flood development permit application. The city council, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency (FEMA), the Department of Natural Resources (DNR) or the planning commission for review and comment. Once the floodway and flood fringe subdistrict boundaries have been determined, the city council shall refer the matter back to the city planner who shall process the flood development permit application consistent with the applicable provisions of Section 4.1.4, Development Standards for the Floodway Subdistrict (FW) and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF) of this LDC.

4.1.7

Subdivision Requirements in the FP-O District. The following provisions shall apply to all subdivisions in the FP-O district in addition to the requirements of the city's subdivision regulations as established in this LDC:

(A)

Review Criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the floodway district at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this section and 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 flood plain, the floodway and flood fringe district boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.

(B)

Floodway/Flood Fringe Determinations in the General Flood Plain District. In the general flood plain district, applicants shall provide the information required in Section 4.1.6(B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District, to determine the 100-year flood elevation, the floodway and flood fringe district boundaries 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 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.

(D)

The provisions of this section are in addition to the requirements of the city's subdivision regulations of the Northfield Municipal Code.

4.1.8

Public Utilities, Railroads, Roads, and Bridges.

(A)

All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain 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 flood plain shall comply with Section 4.1.4, Development Standards for the Floodway Subdistrict (FW), and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF), of this LDC. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(C)

On-site Sewage Treatment and Water Supply Systems. Where public utilities are not provided:

(1)

On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and

(2)

New or replacement 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 containment during times of flooding. Any sewage treatment system designed in accordance with the State's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this Section.

4.1.9

Manufactured Homes and Manufactured Home Parks and Placement of Recreational Vehicles.

(A)

New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 4.1.7, Subdivision Requirements in the FP-O District.

(B)

The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF). If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 4.1.5(E)(1), New Principal Structures, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the city.

(C)

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

(D)

Recreational vehicles that do not meet the exemption criteria specified in paragraph (1) below shall be subject to the provisions of this section and as specifically spelled out in paragraphs (3) and (4) below.

(1)

Exemption. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in Section 4.1.9(D)(2) below and further they 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 recreational vehicle 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 pre-existing, underlying zoning use district.

(2)

Areas exempted for placement of recreational vehicles include:

(a)

Individual lots or parcels of record.

(b)

Existing commercial recreational vehicle parks or campgrounds.

(c)

Existing condominium type associations.

(3)

Recreational vehicles exempted in Section 4.1.9(D)(2) lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood proofing requirements and the use of land restrictions specified in Section 4.1.4, Development Standards for the Floodway Subdistrict (FW) and Section 4.1.5, Development Standards for the Flood Fringe Subdistrict (FF). 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.

(4)

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 recreational 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 Section 4.1.5(E)(1), New Principal Structures. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.

(b)

All new or replacement recreational vehicles not meeting the criteria of (1) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of Section 4.1.10(D), Conditional Uses. 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, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Sections 4.1.9(D)(1)(a) and 4.1.9(D)(1)(b) will be met.

4.1.10

Administration.

(A)

The city planner shall administer and enforce the provisions of this section. If the city planner finds a violation of the provisions of this section, the city planner shall notify the person responsible for such violation in accordance with the procedures stated in Section 4.1.13, Penalties for Violation of These Standards.

(B)

Permit Requirements.

(1)

Permit required. A flood development permit issued by the city planner 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, or fence; 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 flood plain.

(2)

Application for permit. An application for a flood development permit shall be made in duplicate to the city planner on forms furnished by the city planner 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.

(3)

State and Federal Permits. Prior to granting a certificate of zoning compliance or processing an application for a conditional use permit or variance, the city planner shall determine that the applicant has obtained all necessary state and federal permits.

(4)

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

(5)

Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits, or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section, and punishable as provided by Section 7.8, Enforcement and Penalties.

(6)

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

(7)

Record of First Floor Elevation. The city planner shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The city planner shall also maintain a record of the elevation to which structures or alterations and additions to structures are flood proofed.

(8)

Notifications for Watercourse Alterations. The city planner shall notify, in watercourse alteration situations, adjacent communities (municipalities, townships, and counties) and the commissioner of natural resources in writing prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat., ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).

(9)

Notification 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 city planner shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.

(C)

Zoning Board of Appeals.

(1)

Variances should be reviewed according to the provisions of Section 8.5.16, Variance. No variance shall 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 Board of Adjustments shall submit by mail 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 by mail to the Commissioner of Natural Resources within ten days of such action. The following additional variance criteria of the FEMA must be satisfied:

(a)

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

(b)

Variances shall only be issued by the city 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.

(2)

The city planner shall notify the applicant for a variance that:

(a)

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

(b)

Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.

(D)

Conditional Uses. The city council shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the city planner who shall forward the application to the planning commission for a public hearing pursuant to the conditional use permit review procedure established in Section 5.5.9, Conditional Use Permit. The Board of Adjustments shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing.

(1)

In granting a conditional use permit the city council may prescribe appropriate conditions and safeguards, in addition to those specified in this section that are in conformity with the purposes of this section. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section, punishable under Section 4.8, Enforcement and Penalties.

(2)

A copy of all decisions granting conditional use permits shall be forwarded by mail to the commissioner of natural resources within ten days of such action.

(3)

Procedures to be followed by the city in passing on conditional use permit applications within all flood plain districts:

(a)

Require the applicant to furnish the following information and additional information as deemed necessary for determining the suitability of the particular site for the proposed use:

(i)

Plans in triplicate 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 stream channel; and

(ii)

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

(b)

Transmit one copy of the information described in paragraph (a) above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters.

(c)

Based upon the technical evaluation of the designated engineer or expert, the city shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.

(4)

In passing upon conditional use permit applications, the city council shall consider all relevant factors specified in this section, the standards of Section 5.5.9(C), Conditional Use Standards, 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 city.

(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 flood plain management program for the area.

(j)

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

(k)

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

(l)

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

(5)

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.

4.1.11

Nonconforming Uses. A structure or the use of a structure or premises which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in the Code of Federal Regulations, Part 59.1, shall be subject to the provisions of paragraphs (A) through (E) below.

(A)

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

(B)

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 sections (C) and (F) below.

(C)

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 city's initial flood plain 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 Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.

(D)

If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this section. The assessor shall notify the city planner in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.

(E)

If any nonconforming use or structure is substantially damaged (See definition in Article 6: Definitions), 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 Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), or Section 3.12.6, Development Standards for the General Flood Plain Subdistrict, will apply depending upon whether the use or structure is in the floodway, flood fringe or general flood plain subdistrict, respectively.

(F)

If a substantial improvement occurs (See definition in Article 6: Definitions) 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 paragraph (B) above) and the existing nonconforming building must meet the requirements of Section 3.12.4, Development Standards for the Floodway Subdistrict (FW), or Section 3.12.5, Development Standards for the Flood Fringe Subdistrict (FF), for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.

4.1.12

Annexations. Flood plain land that will be annexed into Northfield shall be subject to the provisions of this section upon annexation. Determination of the floodway and flood fringe within the general flood plain shall be made as provided in Section 3.12.6(B), Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District.

4.1.13

Penalties for Violation of These Standards.

(A)

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

(B)

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to:

(1)

In responding to a suspected ordinance violation, the city planner may utilize the full array of enforcement actions available including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(2)

When an ordinance violation is either discovered by or brought to the attention of the city planner, the city planner 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 (FEMA) Regional Office along with the city's plan of action to correct the violation to the degree possible.

(3)

The city planner shall notify the suspected party of the requirements of this section and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the city planner may order the construction or development immediately halted until a proper flood development permit or approval is granted by the city, or may order it removed if permits are denied. If the construction or development is already completed, then the city planner may either:

(a)

Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls;

(b)

Notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30 days; or

(c)

Order it removed.

(4)

If the responsible party does not appropriately respond to the city planner within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The city planner shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition which existed prior to the violation of this section.

4.2.1

Site Development Standards. Lot area, width, setbacks and height regulations are as follows:

(A)

River land use district in the city except Section 11 and the south side of the river to the southern boundary of Babcock Park and the shoreland of all general development waters:

(1)

Minimum shoreland and building lot line width:

(a)

Without public sewer: 100 feet.

(b)

With public sewer: 75 feet.

(2)

Minimum building setback from ordinary high water mark:

(a)

Without public sewer: 75 feet.

(b)

With public sewer: 50 feet.

(3)

Maximum building height: 35 feet, except buildings used primarily for agricultural purposes and buildings within the boundaries of the C1 district where the maximum height shall be that of the underlying base zoning district.

(4)

The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district, and this requirement does not apply within the boundaries of the central business district as defined in the comprehensive plan including the wild and scenic district downstream of the Highway #3 bridge and upstream of the intersection of St. Olaf Avenue with the Cannon River if development plans incorporate any reasonable methods to decrease sediment and pollutants from the runoff from the impervious surfaces.

(B)

Section 11 and the south side of the river to the southern boundary of Babcock Park and the shoreland of all natural environment waters:

(1)

Minimum shoreline and building lot line width:

(a)

Without public sewer: 200 feet.

(b)

With public sewer: 125 feet.

(2)

Minimum building setback from ordinary high water mark:

(a)

Without public sewer: 200 feet.

(b)

With public sewer: 150 feet.

(3)

Maximum building height: 35 feet, except buildings used primarily for agricultural purposes where the maximum height shall be that of the underlying base zoning district.

(4)

The maximum total lot area covered by impervious surface shall be 30 percent. This requirement applies only to the portion of the lot within the WS-O district.

(5)

Septic tank and drainfield system setback from the ordinary high water mark: 150 feet.

(C)

Where development exists on both sides of a proposed building site in the WS-O district, structural setbacks may be altered to be equal to the average of the setbacks of the development on both sides of the proposed building.

4.2.2

Vegetative Cutting. Cutting of vegetation in the WS-O district shall be subject to the following:

(A)

Natural vegetation in shoreland areas shall be preserved insofar as practicable and reasonable in order to retard surface runoff and soil erosion, and to utilize excess nutrients. The removal of natural vegetation shall be controlled by this section in accordance with the following criteria:

(1)

Clearcutting shall be prohibited, except as necessary for placing public roads, utilities, structures and parking areas.

(2)

Natural vegetation shall be restored insofar as feasible after any construction project.

(3)

Selective cutting of trees and underbrush shall be allowed as long as sufficient cover is left to screen motor vehicles and structures when viewed from the water.

(B)

The cutting provisions in Section 4.2.2(A) shall not be deemed to prevent the following:

(1)

The removal of diseased or insect infested trees, or of rotten or damaged trees that present safety hazards.

(2)

Pruning understory vegetation, shrubs, plants, bushes, grasses or harvesting crops or cutting suppressed trees or trees less than four inches in diameter at a height of four feet.

4.2.3

Clearcutting. Clearcutting anywhere in the designated WS-O district on the Cannon River is subject to the following standards and criteria:

(A)

Clearcutting shall not be used as a cutting method where soil, slope, or other watershed conditions are determined by the zoning authority to be fragile and subject to severe erosion and/or sedimentation.

(B)

Clearcutting shall be conducted only where clear-cut blocks, patches, or strips are, in all cases, shaped and blended with the natural terrain.

(C)

The size of clear-cut blocks, patches, or strips shall be kept at the minimum necessary.

(D)

Where feasible all clear-cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring, or the following spring.

4.2.4

Grading and Filling. Any grading and filling work done in the WS-O district shall require a zoning certificate and shall comply with the following:

(A)

Grading and filling of the natural topography which is not accessory to a permitted or conditional use shall not be permitted.

(B)

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall not be conducted without a grading and filling permit from the zoning authority.

(C)

Grading and filling of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing and the destruction of natural amenities.

(D)

Grading and filling of the natural topography shall also meet the following standards:

(1)

The smallest amount of bare ground is exposed for as short a time as feasible.

(2)

Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted.

(3)

Methods to prevent erosion and to trap sediment are employed.

(4)

Fill established to accepted city's engineering standard specifications. Any work that will change or diminish the course, current, or cross section of a public water shall be approved by the commissioner of natural resources before the work is begun. This includes construction of channels and ditches; lagooning; dredging of lakes or stream bottoms for removal of muck, silt or weeds; and filling in the lake or streambed. Approval shall be construed to mean the issuance by the commissioner of natural resources of a permit under the procedures of applicable law.

4.2.5

Utility Transmission Lines. All utility transmission crossing of land within the Cannon River WS-O district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of applicable state statutes.

4.2.6

Public Roads. In addition to such permits as may be required by applicable law, a conditional use permit shall be required for any construction of new public roads within the Cannon River land use district. A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties.

4.2.7

Land Suitability. No land shall be subdivided which is determined by the city council to be unsuitable because of flooding, inadequate drainage, soil and rock formation with severe limitations for development, severe erosion potential, unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision or the community.

4.2.8

Notification of Proposed Zoning Amendments, Variances and Inconsistent Plats. Notification of proposed zoning amendments, variances and inconsistent plats shall be given as follows:

(A)

The city planner shall submit to the commissioner of natural resources for certification a copy of any application for a zoning amendment, including proposed changes to district lines, variances, and plats that are inconsistent with this LDC. A copy of the notice of any public hearing or, where a public hearing is not required, a copy of the application for zoning amendments, variances and inconsistent plats shall be sent to be received by the commissioner of natural resources at least ten days prior to such hearing or meeting to consider such action. The notice of application shall include a copy of the proposed ordinance or amendment or a copy of the proposed inconsistent plat or a description of the required variance.

(B)

The city shall notify the commissioner of natural resources of its final decision on the proposed action within ten days of the decision.

(C)

The action becomes effective only when either:

(1)

The final decision taken by the city has previously received certification of approval from the commissioner of natural resources;

(2)

The city receives certification of approval after its final decision;

(3)

Thirty days have elapsed from the day the commissioner of natural resources received notice of the final decision, and the city has not received certification of approval or notice of disapproval from the; or

(4)

The commissioner of natural resources certifies approval within 30 days after conducting a public hearing.

(5)

If the commissioner of natural resources gives notice of disapproval of an ordinance, variance or inconsistent plat, either the applicant or city planner may, within 30 days of the notice, file with the commissioner of natural resources a demand for a hearing. If the demand for hearing is not made within 30 days, the notice of disapproval becomes final.

(6)

The hearing will be held within 60 days of the demand and after at least two weeks' published notice.

(7)

The hearing will be conducted in accordance with applicable law.

(8)

The commissioner of natural resources shall either certify approval or disapproval of the proposed action within 30 days of the hearing.

(D)

Copies of all plats within the boundaries of WS-O district shall be forwarded to the DNR Commissioner within ten days of approval by the local authority.

4.2.9

Conditional Use Permits. The procedures for issuance of conditional use permits shall be subject to the standards and criteria and evaluation procedures specified in Section 8.5.9, Conditional Use Permit and as follows:

(A)

Preliminary plans for planned unit developments which are located wholly or partly within a WS wild and scenic river/shoreland/public waters district or a floodplain district shall be approved by the commissioner of natural resources prior to application for a conditional use permit.

(B)

A copy of all notices of any public hearings and a copy of the application to consider issuance of a conditional use permit shall be received by the commissioner of natural resources at least ten days prior to the hearing. A copy of the decision shall be forwarded to the commissioner of natural resources within ten days of such action.

4.2.10

Annexation of Property. When land in the land use district is annexed, incorporated or in any other way transferred to another jurisdiction, a moratorium shall exist on all subdivision platting, building permits, construction, grading and filling, and vegetative cutting until the newly responsible unit of government adopts zoning for that land. The zoning shall meet the provisions of these rules that applied to the land before the transfer. This subsection does not apply to work for which lawful permits were previously issued.