(a)

Statutory authorization. The state legislature has, in Minn. Stat. chs. 103F and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as provided in this chapter.

(b)

Findings of fact.

(1)

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

(2)

Methods used to analyze flood hazards. This chapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state department of natural resources.

(3)

National Flood Insurance Program compliance. The ordinance from which this chapter is derived is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 CFR parts 59—78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program.

(c)

Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in subsection (b)(1) of this section by provisions contained herein.

(Ord. No. 1606, § 1021.01, 11-8-2021)

(a)

Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the city shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general floodplain districts.

(b)

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 materials referred to shall include the flood insurance study for the county (all jurisdictions); flood insurance rate map panels therein numbered 27123C0012G, 27123C0015G, 27123C0016G, 27123C0020G, 27123C0036G, 27123C0038G, 27123C0080G, 27123C0085G and 27123C0101G; and the flood insurance rate map index (map number 27123CIND0B), all dated June 4, 2010, and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of community development.

(c)

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.

(d)

Interpretation.

(1)

In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state 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 zoning administrator, the board of adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, 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 of adjustment and to submit technical evidence.

(e)

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

(f)

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

(g)

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

(h)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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

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

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

(1)

Certain conditions as detailed in the zoning regulations set forth in this title exist.

(2)

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

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

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

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

Flood fringe means that portion of the floodplain outside of the floodway. The term "flood fringe" is synonymous with the term "floodway fringe" used in the flood insurance study for the county (all jurisdictions).

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

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

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

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

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

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

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

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

Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term "recreational vehicle" shall be synonymous with the term "travel trailer/travel vehicle."

Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. The term "regional flood" is synonymous with the term "base flood," one percent annual chance flood" or "100-year flood elevation."

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.

Structure means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 1015.09(1) and other similar items.

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

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

(1)

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

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this chapter, the term "historic structure" shall be as defined in 44 CFR 59.1.

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

(i)

Annexations. The flood insurance rate map panels adopted by reference into subsection (b) of this section may include floodplain areas that lie outside of the corporate boundaries of the city 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 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.

(Ord. No. 1606, § 1021.02, 11-8-2021)

(a)

Districts.

(1)

Floodway district. The floodway district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in section 1015.02(b) that are below the ordinary high water level as defined in Minn. Stat. § 103G.005, subd. 14.

(2)

Flood fringe district. The flood fringe district shall include those areas designated as Zone AE and Zone A on the flood insurance rate map panels adopted in section 1015.02(b) 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. Stat. § 103G.005, subd. 14. See section 1015.06 for procedures to determine the one percent annual chance flood elevation (100-year flood elevation).

(b)

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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the floodway, flood fringe and general floodplain districts, all uses not listed as permitted uses or conditional uses in sections 1015.04 and 1015.05, respectively, shall be prohibited. In addition, a caution is provided here that:

(1)

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 chapter and specifically section 1015.11.

(2)

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 chapter and specifically as stated in section 1015.10.

(Ord. No. 1606, § 1021.03, 11-8-2021)

The permitted and conditional uses listed below are only allowable in the floodway if not prohibited by any other underlying zoning district classifications of the city and if not prohibited by any applicable state or federal law.

(1)

Permitted uses.

a.

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

b.

Boat launching ramps, swimming areas, parks, wildlife and nature preserves, and fishing areas.

c.

Residential lawns, gardens and play areas.

(2)

Standards for floodway permitted uses.

a.

The use shall have a low flood damage potential.

b.

The use shall be permissible in the underlying zoning district if one exists.

c.

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

(3)

Conditional uses.

a.

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

b.

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

c.

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

d.

Placement of fill.

(4)

Standards for floodway conditional uses.

a.

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

b.

All floodway conditional uses shall be subject to the procedures and standards contained in section 1015.10(d).

c.

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

d.

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 (4)d.2 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 100-year or regional flood but only after the city council has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use must be title registered with the property in the office of the county recorder.

e.

Storage of materials and equipment. 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. 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.

f.

Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.

(Ord. No. 1606, § 1021.04, 11-8-2021)

(a)

Permitted uses. Permitted uses in the flood fringe district shall be those uses of land or structures listed as permitted uses in the underlying zoning use district. If no preexisting, underlying zoning use districts exist, then any residential or nonresidential structure or use of a structure or land shall be a permitted use in the flood fringe district, provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe district permitted uses listed in subsection (b) of this section.

(b)

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 the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure erected thereon.

(2)

As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at their largest projection may be floodproofed in accordance with the following standards:

a.

Accessory structures shall not be designed for human habitation.

b.

Accessory structures shall be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications 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 and, for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. Floodproofed accessory structures must meet the following additional standards:

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

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.

(3)

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

(c)

Conditional uses. Any structure that is not elevated on fill or floodproofed in accordance with subsections (b)(1) and (b)(2) of this section and/or any use of land that does not comply with the standards in subsection (b)(3) of this section shall only be allowable as a conditional use in the flood fringe district. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in this section and section 1015.10(d).

(1)

Standards for flood fringe conditional uses.

a.

Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if:

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.

b.

The alternative elevation methods noted in subsection (c)(1)a of this section 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:

(i)

A minimum area of openings in the walls 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 openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters without any form of human intervention; and

(ii)

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

c.

Basements 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 dry floodproofed in accordance with subsection (c)(1)d of this section.

d.

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.

e.

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.

f.

The provisions of subsection (c)(2) of this section shall also apply.

(2)

Standards for all flood fringe uses.

a.

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.

b.

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

c.

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

d.

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

e.

Standards for recreational vehicles are contained in section 1015.09.

f.

All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not 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.

(Ord. No. 1606, § 1021.05, 11-8-2021)

(a)

Upon receipt of an application for a permit or other approval within 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.

(b)

The applicant shall be responsible to submit one copy of the information specified in subsection (a) of this section to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe district and to determine the one percent annual chance flood elevation (100-year flood elevation). Procedures consistent with Minn. Rules 6120.5000—6120.6200 and 44 CFR 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 state department of natural resources' area hydrologist prior to commencing the analysis.

(c)

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 sections 1015.04 and 1015.05.

(Ord. No. 1606, § 1021.06, 11-8-2021)

(a)

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

(b)

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 section 1015.06(b) to determine the one percent annual chance flood elevation (100-year flood elevation) and the regulatory flood protection elevation for the subdivision site.

(c)

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

(Ord. No. 1606, § 1021.07, 11-8-2021)

(a)

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.

(b)

Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain shall comply with sections 1015.04 and 1015.05. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.

(c)

On-site sewage treatment and water supply systems. Where public utilities are not provided:

(1)

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

(2)

New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and they shall not be subject to impairment or contamination during times of flooding.

Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section.

(Ord. No. 1606, § 1021.08, 11-8-2021)

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

(1)

Exemption. Recreational vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in subsection (2) of this section and, further, they meet the following criteria:

a.

Have current licenses required for highway use.

b.

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

c.

The recreational vehicle and associated use must be permissible in any pre-existing underlying zoning use district.

(2)

Areas exempted for placement of recreational vehicles:

a.

Individual lots or parcels of record.

b.

Existing commercial recreational vehicle parks or campgrounds.

c.

Existing condominium type associations.

(3)

Recreational vehicles exempted in subsection (1) of this section lose this exemption when development occurs on the parcel exceeding $500.00 for a structural addition to the recreational vehicle or exceeding $500.00 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/floodproofing requirements and the use of land restrictions specified in sections 1015.04 and 1015.05. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.

(4)

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

a.

All new or replacement vehicles and related contents that are not elevated above the regulatory flood protection elevation or are not placed over properly elevated road access in the floodway or flood fringe district, as an alternative, shall be allowed as a conditional use if in accordance with the following provisions and the provisions of section 1015.10(d). The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate the provisions of subsections (a)(1)a and b of this section will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with section 1015.08(c).

(Ord. No. 1606, § 1021.09, 11-8-2021)

(a)

Community development department. The community development department shall administer and enforce this chapter. If the community development department finds a violation of the provisions of this chapter, the community development department shall notify the person responsible for such violation in accordance with the procedures stated in section 1015.12.

(b)

Permit requirements.

(1)

Permit required. A permit issued by the community development department in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system; prior to the change or extension of a nonconforming use; prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.

(2)

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

(3)

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

(4)

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

(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 chapter, and punishable as provided by section 1015.12.

(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 chapter. Floodproofing measures shall be certified by a registered professional engineer or registered architect.

(7)

Record of first floor elevation. The community development department 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 community development department shall also maintain a record of the elevation to which structures or alterations and additions to structures are floodproofed.

(8)

Notifications for watercourse alterations. The community development department 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. Stat. ch. 103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago regional office of the Federal Emergency Management Agency (FEMA).

(9)

Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the community development department shall notify the Chicago regional office of FEMA of the changes by submitting a copy of said technical or scientific data.

(c)

Variance board.

(1)

Overview. Variance applications will be reviewed by city staff and discussed in a public hearing by the variance board, which meets on the first Wednesday of each month, as necessary. State law requires that a decision be issued for each application within 60 days of the application submission date. Sixty-day extensions may be obtained if more time is needed to resolve outstanding issues.

(2)

Application deadline. Applications must be received by the close-of-business on the first Friday of each month; applications received after this date cannot be heard at the variance board meeting of the following month. The variance process takes about six weeks from the application deadline.

(3)

Submission requirements. The attached application form must be completed and submitted with all requested materials. Failure to submit all application materials may delay the review process described below.

(4)

Initial review. Applications will be reviewed for completeness by community development department staff, and a determination of completeness will be provided to the applicant in the form of a letter within about ten days of the application submittal date. A letter in response to an incomplete application will identify the materials that are needed in order to complete the application; once all of the outstanding application materials are received, the 60-day action timeline will restart. A letter in response to a complete application will outline the schedule for the formal review and approval process described below.

(5)

Formal review. Variance applications may be discussed by a panel of city staff representing various departments. The members of this panel will address points of concern based on their respective professional experience; a summary of these comments will be provided to the applicant and will be reflected in the staff report presented to the variance board.

(6)

Staff report. Community development staff will prepare a report summarizing the application, reviewing it against the city's codes, ordinances, and policies, and providing a recommendation for the variance board. A copy of this report, along with the relevant meeting agenda, will be provided to the applicant prior to the public hearing at the variance board meeting.

(7)

Notice of public hearing.

a.

Published and mailed notices. State law requires published notice in a city's legal newspaper a minimum of ten days prior to a public hearing. City policy further requires that notices be mailed to property owners within 500 feet of the affected property. Both of these notices are prepared and sent by the city. A copy of the proposed variance application shall be mailed sufficiently in advance so that the commissioner of natural resources will receive at least ten days' notice of the public hearing.

b.

Posted signs. Variance applications also require a "notice of land use application" sign to be posted on the subject property by the applicant/property owner at least ten days prior to the date of the public hearing; larger sites may require additional signs. These signs may be obtained at the community development counter in city hall.

(8)

Variance board meeting. Applicants are encouraged to attend and participate in the public hearing in order to respond to questions from the variance board and/or members of the public. The public hearing will be held in the city hall council chambers, which is equipped to display drawings, photographs, video, or other proposed variance application. Because the hearing will be televised and recorded, applicants should be prepared to speak into the microphone at the presentation table.

(9)

At the public hearing. The variance board chairperson will call the meeting to order at the appointed time, commissioners and representatives of the city in attendance will be introduced, and the minutes of the previous meeting will be reviewed. Items requiring public hearings are next. The chairperson will introduce the application and city staff will review the issues and recommendations detailed in the staff report. Members of the variance board may ask questions about the application to be answered by city staff and the applicant. Then members of the public will be invited to ask questions about the application and to make comments about the proposal. Once the public comment period has concluded, the chairperson will close the public hearing, and the board members will discuss the application and take action.

(10)

Variance board action. The variance board has the authority to approve or deny an application and its decision is final. The variance board will provide the rationale for its decision and adopt a motion approving or denying the variance request. If the decision is not appealed within the time allowed, the variance becomes effective, and any necessary building permits may be issued; at this time the variance board resolution will be sent to the county to be recorded against the property. The variance board decision shall not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. A copy of all decisions granting variances shall be forwarded to the commissioner of natural resources, within ten days of such action. 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 FEMA must be satisfied:

a.

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.

b.

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.

c.

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

(11)

Appeals. The decision of the variance board may be appealed by the applicant or by any other city property owner within ten days of the decision. Appeals are heard by the city council which acts as the board of zoning adjustments and appeals. An appeal is a matter of public record, but it does not require a public hearing and no new information will be reviewed as part of the appeal; the board of zoning adjustments and appeals will simply review the variance board's decision-making process to determine whether it complied with city ordinances and state statutes.

(12)

Flood insurance notice and recordkeeping. The community development department shall notify the applicant for a variance that:

a.

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

b.

Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions.

A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the national flood insurance program.

(d)

Conditional use.

(1)

Overview. Conditional use applications will be reviewed by city staff and discussed in a public hearing by the planning commission, which meets on the first Wednesday of each month, before a decision to approve or deny the application is made by the city council at its regular meeting on the fourth Monday later that month.

(2)

Application deadline. Applications must be received by the close-of-business on the first Friday of each month; applications received after this date cannot be heard at the planning commission meeting of the following month. State law requires that a decision be issued for each application within 60 days of the submission of a complete application.

(3)

Submission requirements. The attached application form must be completed and submitted with all requested materials. Failure to submit all application materials may delay the review process described below.

(4)

Escrow deposit. Because commercial uses can involve a significant amount of research and analysis by staff and/or outside consultants, the applicant must deposit $1,000.00 in escrow in addition to the commercial application fee for a conditional use. If the escrow is drawn down to $500.00, the applicant will be required to replenish the account; unused escrow funds will be returned to the applicant at the conclusion of the conditional use process.

(5)

Formal review. Conditional use applications may be discussed by a panel of city staff representing various departments. The members of this panel will address points of concern based on their respective professional experience; a summary of these comments will be provided to the applicant and will be reflected in the staff report presented to the planning commission.

(6)

Staff report. Community development staff will prepare a report summarizing the application, reviewing it against the city's codes, ordinances, and policies, and providing a recommendation for the planning commission. A copy of this report, along with the relevant meeting agenda, will be provided to the applicant prior to the public hearing at the planning commission meeting.

(7)

Notice of public hearing.

a.

Published and mailed notices. State law requires published notice in a city's legal newspaper a minimum of ten days prior to a public hearing. City policy further requires that notices be mailed to property owners within 500 feet of the affected property. Both of these notices are prepared and sent by the city. A copy of the proposed conditional use application shall be mailed sufficiently in advance so that the commissioner of natural resources will receive at least ten days' notice of the public hearing.

b.

Posted signs. Conditional use applications also require a "notice of land use application" sign to be posted on the subject property by the applicant/property owner at least ten days prior to the date of the public hearing; larger sites may require additional signs. These signs may be obtained at the community development counter in city hall.

(8)

Planning commission meeting. Applicants are encouraged to attend and participate in the public hearing in order to respond to questions from the planning commission and/or members of the public. The public hearing will be held in the city hall council chambers, which is equipped to display drawings, photographs, video, or other materials. Because the hearing will be televised and recorded, applicants should be prepared to speak into the microphone at the presentation table.

(9)

At the public hearing. The planning commission chairperson will call the meeting to order at the appointed time, commissioners and representatives of the city in attendance will be introduced, and the minutes of the previous meeting will be reviewed. Items requiring public hearings are next. The chairperson will introduce the application and city staff will review the issues and recommendations detailed in the staff report. Members of the planning commission may ask questions about the application to be answered by city staff and the applicant. Then members of the public will be invited to ask questions about the application and to make comments about the proposal. Once the public comment period has concluded, the chairperson will close the public hearing, and the commissioners will discuss the application and take action.

(10)

Planning commission action. The planning commission does not approve or deny an application; instead, it makes a recommendation of approval or denial to the city council and provides the rationale for its recommendation. The application, along with the recommendation of the planning commission, is then brought to the city council which has authority to approve or deny the application.

(11)

City council. At the scheduled time, the mayor will call the meeting to order and it will progress similar to the planning commission meeting. Based on the recommendation from the planning commission in addition to its own review, the city council will approve or deny the proposed conditional use as an item on the "consent agenda." At their discretion, however, the city council may choose to review the application in greater detail and take public comment, similar to the public hearing, before ultimately approving or denying the request. 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.

(12)

Procedures for approving a conditional use. The following procedures shall be followed when considering/approving a conditional use within all floodplain districts:

a.

Require the applicant to furnish such of the following information and additional information as deemed necessary by the city community development department for determining the suitability of the particular site for the proposed use:

1.

Plans in triplicate drawn to scale showing the nature, location, 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; and

2.

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

b.

Transmit one copy of the information described in subsection (d)(12)a 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, the adequacy of the plans for protection, and other technical matters.

c.

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

(13)

Factors upon which the conditional use shall be based. In approving a conditional use, the city shall consider all relevant factors specified in other sections of this chapter, and:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

The requirements of the facility for a waterfront location.

g.

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

h.

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

i.

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

j.

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

k.

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

l.

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

(14)

Conditions attached to conditional use permits. Upon consideration of the factors listed in subsection (d)(13) of this section and the purpose of this chapter, the city 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:

a.

Modification of waste treatment and water supply facilities.

b.

Limitations on period of use, occupancy, and operation.

c.

Imposition of operational controls, sureties, and deed restrictions.

d.

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

e.

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.

(Ord. No. 1606, § 1021.10, 11-8-2021)

A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance from which this chapter is derived but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in section 1015.02(h)(2)a, shall be subject to the provisions of subsections (1) through (5) of this section.

(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 thru FP-4 floodproofing classifications) allowable in the state building code, except as further restricted in subsections (3) through (6) of this section.

(3)

The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of section 1015.04 or 1015.05 for new structures depending upon whether the structure is in the floodway or flood fringe district, respectively.

(4)

If any nonconforming use is discontinued for l2 consecutive months, any future use of the building premises shall conform to this chapter. The assessor shall notify the zoning administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months.

(5)

If any nonconforming use or structure is substantially damaged, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in sections 1015.04 and 1015.05 will apply depending upon whether the use or structure is in the floodway, flood fringe or general floodplain district, respectively.

(6)

If a substantial improvement occurs, 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 section 1015.04 or 1015.05 for new structures, depending upon whether the structure is in the floodway or flood fringe district, respectively.

(Ord. No. 1606, § 1021.11, 11-8-2021)

(a)

Violation of the provisions of this chapter 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.

(b)

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

(1)

In responding to a suspected chapter violation, the zoning administrator and local government may utilize the full array of enforcement actions available to it, 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 community must act in good faith to enforce these official controls and to correct chapter violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.

(2)

When a chapter violation is either discovered by or brought to the attention of the zoning administrator, the zoning administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate department of natural resources' and Federal Emergency Management Agency regional office along with the community's plan of action to correct the violation to the degree possible.

(3)

The zoning administrator 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 zoning administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the zoning administrator may either:

a.

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

b.

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

(4)

If the responsible party does not appropriately respond to the zoning administrator 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 zoning administrator 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.

(Ord. No. 1606, § 1021.12, 11-8-2021)

(a)

The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the commissioner of natural resources if the commissioner determines that, through other measures, lands are adequately protected for the intended use.

(b)

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 chapter amendment or technical study under consideration.

(Ord. No. 1606, § 1021.13, 11-8-2021)