The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Plymouth, Minnesota, does ordain as follows.

Subd. 1.

This ordinance regulates development in the flood hazard areas of the City of Plymouth. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

Subd. 2.

This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

Subd. 3.

This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

Subd. 1.

How to Use this Ordinance. This ordinance adopts the floodplain maps applicable to the City of Plymouth and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain.

(a)

Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 21660.05 or 21660.06 will apply, depending on the location of a property.

(b)

Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 21660.05 apply unless the floodway boundary is determined, according to the process outlined in Section 21660.07, Subd. 2. Once the floodway boundary is determined, the Flood Fringe District standards in 21660.06 may apply outside the floodway.

Subd. 2.

Lands to Which Ordinance Applies. This ordinance applies to all lands within the jurisdiction of the City of Plymouth shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.

(a)

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

(b)

Incorporation of Maps by Reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the Zoning Administrator.

Subd. 3.

Rules and Interpretation.

(a)

Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.

(1)

Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator shall interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.

(2)

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

(b)

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

(c)

Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Plymouth or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(d)

Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 21660.03, Subd. 2. may include floodplain areas that lie outside of the corporate boundaries of the City of Plymouth at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Plymouth after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation.

Subd. 1.

Districts.

(a)

Floodway District. The Floodway District includes those areas within Zone AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 21660.03. For lakes, wetlands and other basins within Zone AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14.

(b)

Flood Fringe District. The Flood Fringe District includes areas within Zone AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 21660.03, but are located outside of the floodway. For lakes, wetlands and other basins within Zone AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, Subd. 14.

(c)

General Floodplain District. The General Floodplain District includes those areas within Zones A or AE that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 21660.03.

Subd. 2.

Applicability. Within the floodplain districts established in this ordinance, the use, size, type and location of development shall comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

Subd. 3.

Flood Prone Areas.

(a)

Building Sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements shall be designed (or modified) to:

(1)

Minimize flood damage within the flood prone area.

(2)

Locate and construct all utilities and facilities, such as sewer, gas, electrical, and water systems, to minimize or eliminate flood damage.

(3)

Provide adequate drainage to reduce exposure to flood hazard.

(4)

Anchor any structure to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(5)

Incorporate materials and utility equipment resistant to flood damage.

(6)

Use methods and practices that minimize flood damage.

(7)

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

Subd. 4.

Prohibited Uses. All uses not listed as permitted uses or conditional uses in Sections 21660.05, 21660.06 and 21660.07 are prohibited. In addition, the following uses are prohibited in all floodplain districts:

(a)

Critical facilities.

(b)

Manufactured homes and manufactured home parks.

(c)

Recreational vehicle parks and campgrounds.

(d)

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

Subd. 5.

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 the regulatory flood protection elevation.

Subd. 6.

Public Transportation Facilities. Railroad tracks, roads, and bridges shall be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

Subd. 7.

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

(a)

On-site water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and

(b)

New or replacement on-site sewage treatment systems shall be designed, as follows:

(1)

To minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(2)

To prevent impairment or contamination during times of flooding.

(3)

To be consistent with the provisions in Minnesota Rules Chapter 7080.2270, as amended.

Subd. 1.

Permitted Uses.

(a)

The following uses are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district, subject to the standards set forth in Section 21660.05, Subd. 1. (b) and where applicable, have received an administrative permit subject to Section 21025 and 21660.08, Subd. 2:

(1)

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

(2)

Industrial-commercial loading areas and parking areas.

(3)

Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, fishing areas, and single or multiple purpose recreational trails.

(4)

Residential uses such as lawns, gardens, parking areas, docks, and play areas.

(5)

Railroads, roads, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources Area Hydrologist is notified at least ten days prior to issuance of any permit.

(b)

Standards for Floodway Permitted Uses.

(1)

The use shall have a low flood damage potential.

(2)

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

(3)

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

Subd. 2.

Conditional Uses.

(a)

The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 21660.08, Subd. 4 and further subject to the standards set forth in Section 21660.05, Subd. 2.(b), if otherwise allowed in the underlying zoning district or any applicable overlay district.

(1)

Structures accessory to the uses listed in Section 21660.05, Subd. 1 and those uses listed below.

(2)

Temporary extraction and storage of sand, gravel, and other materials provided a long term site development plan is submitted which includes an erosion control and sedimentation prevention element.

(3)

Commercial marinas, boat rentals, docks, piers, wharves, and water control structures.

(4)

Storage yards for equipment, machinery, or materials.

(5)

Placement of fill or installation of fences that obstruct flood flows.

(b)

Standards for Floodway Conditional Uses.

(1)

All Uses. A conditional use shall not cause any increase in the stage of the one percent chance or regional flood or cause an increase in flood damages in the reach or reaches affected.

(2)

Fill and Storage of Materials and Equipment.

a.

Fill, dredge spoil, and other similar materials temporarily deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. The placement shall not increase the stage of the one percent chance or regional flood.

(3)

Accessory structures as identified in Section 21660.05, Subd. 2(a)(1), may be permitted, provided that:

a.

The structure(s) is(are) not intended for human habitation;

b.

The structures shall have a low flood damage potential;

c.

The structures shall be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;

d.

Service utilities, such as, but not limited to, electrical and heating equipment, within these structures shall be elevated to or above the regulatory flood protection elevation or properly floodproofed;

e.

Structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofed classification in accordance with the Minnesota State Building Code. All floodproofed structures shall be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

f.

As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement shall either be certified by a registered professional engineer or meet or exceed the following criteria:

i.

To allow for the equalization of hydrostatic pressure, there shall be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

ii.

There shall be openings on at least two sides of the structure and the bottom of all openings shall 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.

(4)

Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245.

(5)

A levee, dike or floodwall constructed in the floodway shall not cause an increase to the one percent chance or regional flood. The technical analysis shall assume equal conveyance or storage loss on both sides of a stream.

(6)

Floodway developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

Subd. 1.

Permitted Uses.

(a)

Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Section 21660.06, Subd. 1. (b) and where applicable, have received an administrative permit subject to Sections 21025 and 21660.08, Subd. 2.

(b)

Standards for Flood Fringe Permitted Uses.

(1)

All structures, including accessory structures, shall be elevated on fill so that the lowest floor, as defined, 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 the same elevation at least 15 feet beyond the outside limits of the structure.

(2)

Accessory Structures. As an alternative to the fill requirements above, structures accessory to uses identified in Section 21660.06, Subd. 1. (a) may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:

a.

The accessory structure constitutes a minimal investment, does not exceed 576 square feet in size (except as may be further restricted by Section 21665) and is only used for parking and storage.

b.

All portions of floodproofed accessory structures below the regulatory flood protection elevation shall be constructed as follows:

i.

They shall be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls.

ii.

They shall be constructed with materials resistant to flood damage.

iii.

Any service utilities shall be water-tight or elevated to or above the regulatory flood protection elevation.

c.

Designs for meeting this requirement shall either be certified by a registered professional engineer or meet or exceed the following criteria:

i.

To allow for the equalization of hydrostatic pressure, there shall be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

ii.

There shall be openings on at least two sides of the structure and the bottom of all openings shall 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.

(3)

Storage of Recreational Vehicles. Where allowed by the underlying zoning district, storage of recreational vehicles is permitted, provided that the vehicles meet one of the following criteria:

a.

The vehicle is elevated at or above the base flood elevation and securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement.

b.

The vehicle is stored on the site less than 180 consecutive days.

c.

The vehicle is fully licensed and highway ready.

(4)

The cumulative placement of fill or similar material within the flood fringe shall not exceed the amount needed to elevate the structure(s) and as required to comply with the standards for flood fringe permitted uses (Section 21660.06, Subd. 2. (b)), except that fill for exterior storage of materials and equipment shall be regulated as a conditional use.

(5)

All service utilities, including ductwork, shall be elevated or water-tight to prevent infiltration of floodwaters.

(6)

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

(7)

All new principal structures shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation.

(8)

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

(9)

Interference with normal manufacturing/industrial plant operations shall be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration shall be given to the needs of industries with operations that require a floodplain location.

Subd. 2.

Conditional Uses.

(a)

The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 21660.08, Subd. 4.

(1)

Storage of materials or equipment and any related placement of fill necessary to raise the storage area above the regulatory flood protection elevation.

(2)

The placement of more than 50 cubic yards of fill consistent with Sections 21185 and 21665.09 for purposes other than storage of materials or equipment or to raise structures above the regulatory flood protection elevation.

(b)

Standards for Flood Fringe Conditional Uses. The following standards shall apply to all conditional uses.

(1)

Storage of materials and equipment shall be at or above the regulatory flood protection elevation.

(2)

All service utilities, including ductwork, shall be elevated or water-tight to prevent infiltration of floodwaters.

(3)

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

(4)

All new principal structures shall have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation.

(5)

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

(6)

Interference with normal manufacturing/industrial plant operations shall be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration shall be given to the needs of industries with operations that require a floodplain location.

(7)

Basements are subject to the following:

a.

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

b.

Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with classifications in the State Building Code. Structurally dry floodproofing shall meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.

(8)

The placement of fill on a parcel (other than for the purpose of elevating a structure) shall comply with an approved erosion/sedimentation control plan consistent with the requirements of Section 21045.07.

a.

The plan shall clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1 percent chance) flood event.

b.

The plan shall be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

c.

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

Subd. 1.

Permitted Uses.

(a)

The uses listed in Section 21660.05, Subd. 1.

(b)

All other uses are subject to the floodway/flood fringe evaluation criteria specified in 21660.07, Subd. 2. Section 21660.05 applies if the proposed use is determined to be in the Floodway District. Section 21660.06 applies if the proposed use is determined to be in the Flood Fringe District.

Subd. 2.

Procedures for Floodway and Flood Fringe Determinations.

(a)

Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator shall obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source.

(b)

If regional flood elevation and floodway data are not readily available, the applicant shall furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information shall be consistent with accepted hydrological and hydraulic engineering standards and the standards in 21660.07, Subd. 2(c).

(c)

The determination of floodway and flood fringe shall include the following components, as applicable:

(1)

Estimate the peak discharge of the regional (1 percent chance) flood.

(2)

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

(3)

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

(d)

The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment shall include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application.

(e)

Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator shall process the permit or other application consistent with the applicable provisions of Section 21660.05 or 21660.06.

Subd. 1.

The Zoning Administrator shall administer and enforce this ordinance.

Subd. 2.

Administrative Permit.

(a)

An administrative permit shall be obtained from the Zoning Administrator prior to conducting the following activities:

(1)

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

(2)

Changes in the use of buildings, structures or land.

(3)

The construction of a dam or fence that blocks flood flows (i.e., privacy, chain-link, etc.), or on-site septic system (prior to, or in tandem with, any permits which may be required by Hennepin County).

(4)

The change or extension of a nonconforming use as may be allowed by Sections 21100 and 21660.09.

(5)

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

(6)

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

(7)

Any other type of development as defined in this Section not otherwise considered a conditional use.

(b)

Administrative Permit Applications. In addition to the requirements of Section 21025, applications for administrative permits shall include the following materials as applicable:

(1)

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

(2)

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

(3)

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

(4)

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

(c)

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

(d)

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

(e)

Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed.

(f)

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

(g)

Notification to FEMA When Physical Changes Increase or Decrease Base 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 the relevant technical or scientific data.

Subd. 3.

Variances.

(a)

Variance Applications. An application for a variance to the provisions of this Section will be processed and reviewed in accordance with applicable state statutes, Section 21030, and as indicated below.

(b)

Adherence to State Floodplain Management Standards. A variance shall not be approved to allow the following:

(1)

A use that is not allowed in the underlying district.

(2)

A lower degree of flood protection than the regulatory flood protection elevation for the particular area.

(3)

Any standard lower than those required by state law.

(c)

Additional Variance Criteria. The following additional Federal Emergency Management Agency (FEMA) variance criteria shall be satisfied:

(1)

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

(2)

Variances may only be issued upon:

(i)

A showing of good and sufficient cause.

(ii)

A determination that failure to grant the variance would result in exceptional hardship to the applicant.

(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.

(3)

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

(d)

Flood Insurance Notice. The Zoning Administrator shall notify the applicant for a variance that:

(1)

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

(2)

Such construction below the base or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

(e)

General Considerations. The City Council shall consider the following factors in granting and imposing conditions on variances to floodplain requirements:

(1)

The potential danger to life and property due to 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;

(3)

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

(4)

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

(5)

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

(6)

The requirements of the facility for a waterfront location;

(7)

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

(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 land use 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 flood waters expected at the site.

(f)

Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator shall submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least a ten-day notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(g)

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

(h)

The Zoning Administrator shall maintain a record of all variance actions, including justification for their issuance, and shall report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by FEMA.

Subd. 4.

Conditional Uses.

(a)

Applications. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 21015 of the zoning ordinance and as indicated below.

(b)

Factors Used in Decision-Making. In reviewing conditional use applications, the Planning Commission and City Council shall consider all relevant factors specified in Section 21015, the requirements of this Section, and the following:

(1)

The potential danger to life and property due to 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.

(3)

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

(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 use to the community.

(6)

The requirements of the facility for a waterfront location.

(7)

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

(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 Plymouth 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 flood waters expected at the site.

(c)

Conditions Attached to Conditional Use Permits. The City Council may 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:

(1)

Modification of waste treatment and water supply facilities.

(2)

Limitations on period of use, occupancy, and operation.

(3)

Imposition of operational controls, sureties, and deed restrictions.

(4)

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

(5)

Floodproofing 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 floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

(d)

Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator shall submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least a ten-day notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(e)

Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses shall be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

Subd. 1.

Continuance of Nonconformities. A use, structure, or occupancy of land that was lawful before the passage or amendment of this ordinance but is not in conformity with the provisions of this ordinance may be continued subject to Section 21100 and the following. Historic structures (as defined in Section 21005 (Flood Related: (w) Substantial Improvement) are subject to provisions (a)—(e) below.

(a)

A nonconforming use, structure, or occupancy shall not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in subsection 21660.09, Subd. 1. (b). Expansion or enlargement of non-conforming uses, structures or occupancies within the Floodway District is prohibited.

(b)

Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in (c) and (f) of this subsection below.

(c)

If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure shall meet the standards of Sections 21660.05 and 21660.06 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions shall include all costs such as construction materials and a reasonable cost placed on all manpower or labor.

(d)

If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises shall conform to this ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.

(e)

If any nonconformity is substantially damaged it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 21660.05 and 21660.06 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.

(f)

Any substantial improvement to a nonconforming structure requires that the existing structure and any additions shall meet the requirements of Section 21660.05 and 21660.06 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.

Subd. 1.

Violation Constitutes a Misdemeanor. 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) constitutes a misdemeanor and will be punishable as defined by law.

Subd. 2.

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

Subd. 3.

Enforcement. Violations of the provisions of this Section will be investigated and resolved in accordance with the provisions of Section 21050 of this Chapter. In responding to a suspected violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to them, including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Plymouth shall 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.

Subd. 1.

Floodplain Designation - Restrictions on Removal. The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands lying outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the commissioner determines that, through other measures, lands are adequately protected for the intended use.

Subd. 2.

Amendments Require DNR Approval. All amendments to this Section shall be submitted to and approved by the Commissioner of the DNR prior to adoption. The commissioner shall approve the amendments prior to City approval.

Subd. 3.

Map Revisions Require Ordinance Amendments. The floodplain district regulations shall be amended to incorporate any revisions by FEMA to the floodplain maps adopted in Section 21660.03.

(Amended by Ord. No. 2004-14, 08/10/04; Ord. No. 2016-29, 10/25/16)