1. Flood Plain District.
   1. Statutory authority. Minn. Stats. Chs. 103F and 462 delegated the responsibility to local governments to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Pine City does ordain as provided in this section.
   2. Findings of fact.
      1. The flood hazard areas of Pine City, Minnesota are subject to periodic inundation which results in potential:
         1. Loss of life.
         2. Loss of property.
         3. Health and safety hazards.
         4. Disruption of commerce.
         5. Disruption of government services.
         6. Extraordinary public expenditures of flood protection and relief.
         7. Impairment of the tax base.
         All of which adversely affect the public health, safety, and general welfare.
      2. Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources.
      3. National Flood Insurance Program compliance. This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR Parts 59--79, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
   3. Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize the losses described in Subsection (a)(2)a of this section by provisions contained herein.
2. General provisions.
   1. Lands to which this section applies. This section shall apply to all lands within the City of Pine City shown on the Official Zoning Map and/or the attachments thereto as being located within the boundaries of the Floodway and Flood Fringe Districts.
   2. Establishment of Official Zoning Map. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the Flood Insurance Study, Pine County, Minnesota, And Incorporated Areas, Flood Insurance Rate Map panels therein numbered 27115C0926C, 27115C0927C, 27115C0928C, 27115C0929C, 27115C0936C and 27115C0937C, all dated April 3, 2012 and prepared by the Federal Emergency Management Agency. The Official Zoning Map shall be on file in the Office of the Zoning Administrator.
   3. Regulatory flood protection elevation. The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
   4. Interpretation.
      1. 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.
      2. The boundaries of the Zoning Districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the City, the Board of Adjustment 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 Community adopted its initial floodplain 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 district boundaries shall be given a reasonable opportunity to present their case to the Board and submit technical evidence.
   5. Abrogation and greater restrictions. 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 chapter are hereby repealed to the extent of the inconsistency only.
   6. Warning and disclaimer. This section does not imply that areas outside the floodplain district or land uses permitted within such districts will be free from flooding or flood damages. This chapter shall not create liability on the part of the City of Pine 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.
   7. Annexations. The Flood Ordinance Rate Map panels adopted by reference into Subsection (b)(2) of this section may include floodplain areas that lie outside of the corporate boundaries of the City of Pine City, Minnesota at the time of adoption of the ordinance from which this chapter is derived. If any of these floodplain land areas are annexed into the City of Pine City after the date of adoption of the ordinance from which this chapter is derived, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the City of Pine City, Minnesota.
3. Establishment of Zoning Districts.
   1. Districts.
      1. Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in Subsection (b)(2) of this section. For lakes, wetlands and other basins, the Floodway District shall include those areas designated as Zone A and Zone AE (without a floodway designated) on the Flood Insurance Rate Map panels adopted in Subsection (b)(2) of this section that are at or below the ordinary high-water level as defined by Minn. Stats. § 103G.005, Subd. 14.
      2. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe, which shall include the areas shown on the Flood Insurance Rate Map, adopted Subsection (b) of this section, as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins, the Flood Fringe District shall include those areas designated as Zone A and Zone AE (without a floodway designated) on the Flood Insurance Rate Map panels adopted in Subsection (b)(2) of this section that are below the one-percent annual chance flood elevation (100-year flood elevation) but above the ordinary high-water level as defined in Minn. Stats. § 103G.005, Subd. 14.
   2. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations that apply to uses within the jurisdiction of the Municipal Development Ordinance. Within the Floodway and Food Fringe Districts all uses not listed as permitted or conditional uses in Subsections (d) and (e) of this section shall be prohibited. In additional caution is provided here that:
      1. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically Subsection (i) of this section.
      2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section.
      3. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this section.
4. Floodway District.
   1. Permitted uses.
      1. Active outdoor institutional.
      2. Agricultural operations and/or agricultural product sales.
      3. Airport/heliport.
      4. Off-site parking areas.
      5. Outdoor commercial entertainment.
      6. Outdoor commercial recreation.
      7. Outdoor institutional.
      8. Passive outdoor recreational.
   2. Standards for floodway permitted uses.
      1. The use shall have a low flood damage potential.
      2. The use shall be permissible in the underlying zoning district if one exists.
      3. 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.
   3. Conditional uses.
      1. Extraction uses.
      2. Public services and utilities.
      3. Railroads and streets.
      4. Placement of fill.
      5. Flood control structures.
   4. Standards for floodway conditional uses.
      1. No structure, temporary or permanent, fill (including fill for roads or 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 regional flood as defined in this section, and cause an increase in flood damages in the reach or reaches affected.
      2. All floodway conditional use shall be subject to the procedures and standards contained in this chapter.
      3. A conditional use shall be required to be permissible in the underlying zoning district if one exists.
      4. Fill.
         1. 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 method.
         2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
         3. As an alternative, and consistent with Subsection (d)(4)b of this section, 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 regional flood, but only after the City Council has received an appropriate plan which ensures the removal of the materials from the floodway based upon the flood warning time available. The Conditional Use Permit must be title registered with the property in the Pine County Recorder’s Office.
      5. Accessory structures.
         1. Accessory structures shall not be designed for human habitation.
         2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of floodwaters.
            1. Wherever possible, structures shall be constructed with the longitudinal access parallel to the direction of flood flow; and
            2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
         3. Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classification in the State Building Code. As an alternative, an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing 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 horizontal projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All floodproofed 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.
            2. Any mechanical and/or utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed.
            3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two automatic openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
      6. Storage of materials and equipment.
         1. 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.
         2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City Council.
      7. Structural uses for flood control that will change the course, current, or cross-section of protected wetland or public waters shall be subject to the provisions of Minn. Stats. Ch. 103.G Community-wide structural works for flood control intended to remove areas from the regulatory floodplain 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.
5. Flood Fringe District.
   1. Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district. All permitted uses shall comply with the standards for flood fringe permitted uses listed in Subsection (e)(2) of this section and the standard for all flood fringe permitted and conditional uses listed in Subsection (e)(5) of this section.
   2. Standards for flood fringe permitted uses.
      1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above 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 fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet (or 200 square feet in the shore impact zone) at the largest horizontal projection may be internally floodproofed in accordance with PCC 13.92.010(d)(5)c.
      3. The cumulative placement of fill where at any one time in excess of 1,000 cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Subsection (e)(2)a of this section.
      4. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.
      5. The Provisions of Subsection (e)(5) of this section shall apply.
   3. Conditional uses. Any structure that is not elevated on fill or floodproofed in accordance with Subsection (e)(2)(a) of this section and Subsection (e)(2)b of this section or any use of land that does not comply with the standards in Subsection (e)(2)c of this section and Subsection (e)(2)d of this section shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures as specified in this section.
   4. Standards for flood fringe conditional uses.
      1. Alternative evaluation 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:
         1. Design and certification. 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 floodwater from entering or accumulating within these components during times of flooding.
         2. Specific standards for above-grade, enclosed areas. 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:
            1. The minimum area of openings in the walls above where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all opening 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 of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller 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 floodwaters without any form of human intervention; and
            2. That the enclosed area will be designed of flood 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 or vehicles, or storage.
      2. Basements, as defined in this chapter, shall be subject to the following:
         1. Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.
         2. Nonresidential basements may be allowed below the Regulatory Flood Protection Elevation, provided the basement is structurally floodproofed in accordance with Subsection (e)(4)c of this section.
      3. All Areas of nonresidential structures including basements to be placed below the Regulatory Flood Protection Elevation shall be floodproofed in accordance with the structurally dry floodproofing classifications in the State building code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing 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 floodproofed to the FP-3 or FP-4 classification shall not be permitted.
      4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a State-approved shoreland management ordinance. In the absence of a State-approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on-site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City of Pine City. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
      5. Storage of materials and equipment.
         1. The storage or processing of materials that is, in times of flooding, flammable, explosive, or potentially harmful to human, animal, or plant life is prohibited.
         2. 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 of Pine City.
      6. The provisions of Subsection (e)(5) of this section shall also apply.
   5. Standard for all flood fringe uses.
      1. All new principal structures must have vehicular access at or above an elevation not more than two feet below the Regulatory Flood Protection Elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations of 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 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 operation 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 Subsection (e)(5)b of this section. 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 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 hazards 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 flood hazard designation will be requested.
      5. Floodplain development 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. Standards for travel trailers and travel vehicles are contained in Subsection (b)(2) of this section.
      7. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists floatation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State or local anchoring requirements for resisting wind forces.
6. Procedures for determining one-percent annual chance flood elevations (100-year flood elevations) in Zone A.
   1. Upon receipt of an application for a permit or other approval within a Zone A, the Zoning Administrator will use the one-percent annual chance flood elevation for that basin that has previously been determined in accordance with approved FEMA methods, if available. If the one-percent annual chance flood elevation has not been previously determined, the applicant shall be required to furnish all necessary information as deemed necessary by the Zoning Administrator for the determination for the one-percent annual chance flood elevation in accordance with approved FEMA methods.
   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 the one-percent annual chance flood elevation (100-year flood elevation). Procedures consistent with Minn. R. Pts. 6120.5000--6120.6200 and 44 CFR Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources’ Area Hydrologist prior to commencing the analysis.
   3. Once the one-percent annual chance flood elevation (100-year flood elevation) has been determined, the Zoning Administrator shall process the permit application consistent with the applicable provisions of Subsections (d) and (e) of this section.
7. Wetlands District.
   1. Purpose. The Wetlands District is established relating to lowlands, marshes, wetlands, drainage ways, waterbodies, and watercourses regulating alteration and development of such lands and providing for the issuance of permits therefor and specifically to:
      1. Reduce the danger to the health, safety, and welfare of the residents of the City by protecting surface and groundwater supplies from the impairment, which results in incompatible land uses and alterations, and by providing safe and sanitary drainage.
      2. Restrict and control land development so it will not impede the flow of floodwater or cause danger to life or property.
      3. Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes, which are a principal factor in the maintenance of constant rates of water, flow through the year and which sustain many species of wildlife and plant growth.
      4. Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, fertilizers, sand, salt, and other foreign materials from being carried directly into the nearest natural stream, lake, or other public or private waters.
      5. Regulate the alteration of wetlands systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution, and to maintain the aesthetic appearance of the wetlands.
      6. Prevent the development of structures in areas that will adversely affect the public passage and use of creeks, marshes, lowlands, and watercourses within the City.
   2. District application.
      1. The Wetlands District shall be overlaid upon zoning districts contained herein existing or amended by the text and map of this chapter. The regulations and requirements imposed by the Wetlands Overlay District shall be in addition to those established for the district which jointly applies. Under the joint application of districts, the more restrictive requirements shall apply.
      2. The Wetlands District within the City is defined and established to include those areas which any watercourse, natural drainage system, waterbody, or wetland, which may be subject to periodic flooding, overflow, or seasonally high-water table. The district boundary lines shall be established at the edge of the aforesaid areas as depicted on the Wetland Map and interpreted by the Zoning Administrator. The Wetland Map is based upon geological, hydrological, and surficial geologic data obtained from the United States Department of Agriculture Soil Conservation Service and field surveys. These specific soils and areas are characterized as unsuitable for development due to their poor drainage qualities, flooding proneness, poor texture, high-water table depth and general organic content.
   3. Permitted uses. The following operations and uses are permitted in the Wetlands District, subject to any other applicable code, ordinance, or law:
      1. Grazing, farming, nurseries, gardening, and harvesting of crops.
      2. Sustained yield forestry and tree farms.
      3. Conservation of soil vegetation, water, fish, and wildlife.
      4. Scientific research and educational activities that teach the principals of ecology and conservation.
      5. Active outdoor recreation.
      6. Passive outdoor recreation.
      7. Essential services.
   4. Conditional uses. Land owners or developers desiring to develop land or construct any dwelling or other artificial obstruction on land located within any of the Wetland Districts within the City shall first submit a Conditional Use Permit application as regulated by this section and a plan of development, herein referred to as a Wetland Impact Plan, which shall set forth proposed provisions for sediment control, water management, maintenance of landscaped features, and any additional matters intended to improve or maintain the quality of the environment.
      1. Such a plan shall set forth proposed changes requested by the applicant and affirmatively disclose what, if any, change will be made in the natural condition of the earth, including loss or change of earth ground cover, destruction of trees, grade changes and its effect, if any, upon lakes, streams, watercourses and marshes, lowlands, and wetlands in the area.
      2. The plan shall minimize tree removal, ground cover change, loss of natural vegetation, and grade changes as much as possible and shall affirmatively provide for the relocation of as many trees are proposed to be removed.
      3. The purpose of the Wetland Impact Plan shall be to eliminate the potential pollution, erosion, and siltation.
   5. Prohibited uses. Except as may hereinafter be conditionally permitted, it shall be unlawful for any person to:
      1. Place, deposit, or permit to be deposited, debris, fill or any material including structures into, within, or upon any waterbody, watercourse, or wetland, or natural drainage system.
      2. Dig, dredge, or in any other way alter or remove any material from waterbodies, watercourse, or natural drainage systems.
      3. Erect structures for human habitation.
      4. Clearing and/or cutting of trees or other vegetation.
      5. Permanently store materials.
      6. Erect signs.
      7. Dispose of waste materials, including, but not limited to, sewage, garbage, rubbish, and other discarded materials.
   6. Development regulations.
      1. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland area of at least equal public value under an approved replacement plan or mining reclamation plan.
      2. Replacement is guided by the following principles:
         1. Avoidance of the impact;
         2. Minimizing of the impact;
         3. Rectifying, reducing, or eliminating the impact;
         4. Compensating for the impact by replacement or substitution.
      3. Wetlands in agricultural field only need to be replaced provided a ten-year deed restriction prohibiting nonagricultural use on the converted area is conveyed.
      4. Replacement of wetlands must be in the same watershed and at the ratio of two acres of replaced wetland for each one acre of drained or filled wetland (two to one) in nonagricultural areas and a one-to-one ratio in agricultural areas.
   7. High-water elevation. For lakes, ponds and flowages, no structure, except for piers, and docks, shall be placed at an elevation such that the lowest floor, including basement floor, is less than three feet above the highest known water level or is one foot above the Regulatory Flood Protection Elevation. In those instances where sufficient data on known high-water levels are not available the elevation of the line of permanent shoreland vegetation shall be used as the estimated high-water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the Building Official. Cut slopes shall be a maximum of one-to-one, or 100 percent; fill slope three-to-one, or 30 percent; and construction slope five-to-one, or 20 percent.
8. Subdivisions and conditional uses.
   1. Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewer connections. All lots within the floodplain districts shall contain a building site outside of the Floodway District at or above the Regulatory Flood Protection Elevation. All subdivisions shall have water and sewer connections that comply with the provisions of this chapter 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.
   2. Procedures for determining one-percent annual chance flood elevation (100-year flood elevation) in Zone A. In a designated Zone-A area, applicants shall provide the information required in Subsection (f) of this section to determine the 100-year flood elevation and the regulatory flood protection elevation for the subdivision site.
   3. 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 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.
   4. This section is not intended as a substitute for a comprehensive City subdivision ordinance or Municipal Development Ordinance.
   5. Conditional uses. The Planning Commission shall hear and decide applications for conditional uses permissible under this section. Applications shall be submitted to the City who shall forward the application to the Planning Commission for consideration.
      1. Hearings. Upon filing with the Planning Commission an application for a Conditional Use Permit, the Planning Commission shall submit by mail to the Commissioner of Natural Resources a copy of the application for the proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing.
      2. Procedures to be Followed by the Planning Commission and City Council in passing on Conditional Use Permit applications within all Flood Plain Districts.
         1. The applicant is required to furnish the following information, at a minimum, and additional information as deemed necessary by the Planning Commission to determine the suitability of the particular site for the proposed use:
            1. Plans in triplicate drawn to scale showing the nature, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, floodproofing measures, and the relationship of the above to the location of the stream channel.
            2. Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities.
         2. Transmit one copy of the information described in Subsection (h)(5)b.1 of this section 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, and the adequacy of the plans for protection and other technical matters.
         3. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
      3. Factors upon which the decision of the Planning Commission and City Council shall be based. In making a decision upon Conditional use applications, the Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter; and:
         1. The danger to life and property caused by increased flood heights or velocities caused by encroachments.
         2. The danger that materials may be swept onto other lands or downstream to the injury of others or that they may block bridges, culverts, or other hydraulic structures.
         3. The proposed water supply and sanitation systems at the ability of these systems to prevent disease, contamination, and unsanitary conditions.
         4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
         5. The importance of the services provided by the proposed facility to the community.
         6. The requirements of the facility for a waterfront location.
         7. The availability of alternate locations not subject to flooding for the proposed use.
         8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
         9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
         10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
         11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.
         12. Such other factors which are relevant to the purposes of this section.
      4. Decisions. In granting a Conditional Use Permit, the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in Subsection (h)(5)e of this section, which 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 Subsection (j)(4) of this section. 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.
      5. Conditions attached to conditional use permits. Upon consideration of the factors listed in Subsection (h)(5)c of this section and the purpose of this section, the City Council shall attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
         1. Modification of waste treatment and water supply facilities to utilize municipal water and sewer connections.
         2. Limitations on period of use, occupancy, and operation.
         3. Imposition of operational controls, sureties, and deed restrictions.
         4. Requirement for construction of channel modification, compensatory storage, dikes, levees, and other protective measures.
         5. Floodproofing measures, in accordance with the State Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area.
9. Special requirements for certain types of developments.
   1. Public utilities, railroads, roads, and bridges, and on-site sewer and water supply systems.
      1. Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be floodproofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation.
      2. Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with Subsections (d) and (e) of this section. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption to 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 service would not endanger the public health or safety.
      3. On-site sewage treatment and water supply systems. On-site sewage treatment and water supply systems shall not be allowed in the floodplain and municipal water and sewer connections must be utilized.
   2. Manufactured homes and manufactured home parks and placement of travel trailers and travel vehicles.
      1. Manufactured home parks.
         1. New manufactured home park and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Subsection (h) of this section.
         2. The placement of new or replacement manufactured homes in existing manufactured home parks that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with Subsection (e) of this section. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Subsection (e)(5)a of this section, then replacement manufactured homes will not be allowed until the property owners develops a flood warning emergency plan acceptable to the City Council.
         3. All manufactured homes must be securely anchored to an adequately anchored foundation that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State or local anchoring requirements for resisting wind forces.
      2. Travel trailers and travel vehicle. Travel trailers and travel vehicles that do not meet the exemption criteria specified in Subsection (b)(2)a of this section shall be subject to the provisions of this chapter and as specifically spelled out in Subsections (b)(2)a and d of this section.
         1. Exemptions. Travel trailers and travel vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in Subsection (b)(2)b of this section and, further, they meet the following criteria:
            1. Have current licenses required for highway use.
            2. Are highway ready, meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and the travel trailer/travel vehicle has no permanent structural additions attached to it.
            3. The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
         2. Areas exempted for placement of travel/recreational vehicles:
            1. Individual lots or parcels of record.
            2. Existing commercial recreational vehicle parks or campgrounds.
            3. Existing condominium type associations.
         3. Travel trailers and travel vehicles exempted in Subsection (b)(2)a of this section lose this exemption when development occurs on the parcel exceeding $100.00 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in Subsections (d) and (e) of this section. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
         4. New Commercial travel trailer or travel 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:
            1. Any new or replacement travel trailer or travel vehicle will be allowed in the Floodway or Flood Fringe Districts provided said trailer or vehicle and its contents can be placed on fill above the regulatory flood protection elevation and proper elevated road access exists in accordance with Subsection (e)(5)a of this section. No fill placed in the floodway to meet the requirements of this section shall increase the flood stages of the 100-year or regional flood.
            2. All new or replacement travel trailers or travel vehicles not meeting the criteria of Subsection (i)(2)b.4.i of this section may, as an alternative, be allowed as a conditional use if in accordance with the following provision and the provisions of Subsection (h)(5) of this section. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of Subsection (b)(2)a.1 and 2 of this section will be met. All sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not to be impaired or contaminated during times of flooding in accordance with State statute.
10. Administration, nonconforming uses and penalties.
    1. Zoning Administrator. A Zoning Administrator designated by the City Council shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the provisions of this chapter, the Zoning Administrator shall notify the person responsible for the violation and/or the property owner of record in accordance with the provisions stated in Subsection (j)(4) of this section.
       1. Permit required. A permit issued by the City in conformity with the provisions of this chapter shall be secured:
          1. Prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof;
          2. Prior to the use or change of use of a building, structure or land;
          3. Prior to the construction of a dam, fence, or on-site septic system;
          4. Prior to the change or extension of a nonconforming use;
          5. Prior to the repair of a structure that has been damaged by a flood, fire, tornado, or any other source; and
          6. Prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
       2. Application for permit. Application for a permit shall be made in duplicate to the City on forms furnished by the City and shall include the following where applicable:
          1. Plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot;
          2. Existing or proposed structures, fill, or storage of materials; and
          3. The location of the foregoing in relation to the stream channel.
       3. State and Federal permits. Prior to granting a permit or processing an application for a Conditional Use Permit or Variance, the applicant must provide proof that all necessary State and Federal permits have been obtained.
       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 shall have been issued by the City 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 Subsection (j)(4) of this section.
       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. A registered professional engineer or registered architects shall certify floodproofing measures.
       7. Record of first floor elevation. The City shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to new structures in the floodplain. The City shall also maintain a record of the elevation to which structures or alterations and additions to the structures are floodproofed.
       8. Notifications for watercourse alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stats. 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 Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
    2. Board of Adjustment.
       1. Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by State law.
       2. Administrative review. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this section.
       3. Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this section as will not be contrary to the public interest and only for those circumstances such as hardship, practical differences or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
          1. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
          2. Variances shall only be issued by a community upon:
             1. A showing of good and sufficient cause;
             2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
             3. 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.
          3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
       4. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the City, or an application for a variance, the Board shall fix a reasonable time for a hearing and give notice to parties in interest as specified by law. The Board 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.
       5. Decisions. In passing an appeal, the Board may, so long as such action is in conformity with the provisions of this section, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reason for its decisions. In granting a Variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Subsection (h)(5)e of this section, which 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 Variance is granted, shall be deemed a violation of this section punishable under Subsection (j)(4) of this section. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of such action.
       6. Appeals. Appeals from any decision of the Boards may be made, and as specified in Minnesota Statutes.
       7. Flood insurance notice and record keeping. The City 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 $25.00 for $100.00 of insurance coverage.
          2. Such construction below the 100-year or regional flood level increases risks to life and property.
          3. Such notification shall be maintained with a record of all variance actions, including justification for their issuance, and the community shall report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance program.
    3. Nonconforming uses. A structure or use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
       1. No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity.
       2. 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 floodproofing techniques (i.e., FP-1 through FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in Subsections (j)(3)c and f of this section, shown below.
       3. 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 unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of Pine 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 percent of the current market value of the structure, then the structure must meet the standards of Subsection (d) or (e) of this section, depending on whether the structure is in the Floodway or Flood Fringe, respectively.
       4. If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the City in writing of instances of nonconforming uses which have been discontinued for a period of 12 consecutive months.
       5. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or structures in Subsection (d) or (e) of this section shall apply depending on whether the use is in the Floodway or Flood Fringe Districts, respectively.
       6. If a substantial improvement occurs, as defined in PCC 13.08.100, 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 and the existing nonconforming building must meet the requirements of Subsection (d) or (e) of this section for new structures, depending on whether the structure is in the Floodway or Flood Fringe District, respectively.
    4. Penalties for violation.
       1. 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 law.
       2. Nothing herein contained shall prevent the City Council from taking 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 may utilize the full array of enforcement actions available to it, including, but not limited to, prosecutions 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 available to the guilty party. The community 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 or brought to the attention of the City, the City 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.
          3. The City shall notify the suspected party of the requirements of this chapter 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 may order the construction or development immediately halted until a proper permit or approval is granted by the City. If the construction or development is already completed, then the City may either:
             1. 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.
             2. Notify the responsible party to apply for an after-the-fact permit/development approval within a certain period of time not to exceed 30 days.
          4. If the responsible party does not appropriately respond to the City within the specified period of time, each additional day that lapses shall constitute an additional violation of this chapter and shall be prosecuted accordingly. The City 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 chapter.
11. Amendments.
    1. The floodplain designation on the Official Zoning Map shall not be removed from the floodplain area unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. The Commissioner of Natural Resources may permit special exemptions to this rule if they determine that, through other measures, lands are adequately protected for the intended use.
    2. All amendments to this chapter, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency’s (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given ten days written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.

(Prior Code, § 10.700.0300)