1. Statutory Authorization. This floodplain ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, Parts 6120.5000-6120.6200; the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations, Parts 59-78; and the planning and zoning enabling legislation in Minnesota Statutes, Chapters 462.
2. Purpose.
   
   1. This ordinance regulates development in the flood hazard areas of the City of Shakopee. 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 pub;ic 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.
      
   2. This ordinance is adopted to maintain the community's eligibility in the National Flood Insurance Program.
      
   3. This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

(2013 Code, § 11.56) (Ord. 567, passed 3-16-2000, Ord. O2021-002, passed 01-19-2021)

1. Lands to which ordinance applies. This ordinance applies to all lands within the jurisdiction of the City of Shakopee within the boundaries of the Floodway and Flood Fringe Districts, and further detailed in Sections 151.086, Subdv. 2 and 151.087, Subdv. 1.
   1. The Floodway and Flood Fringe Districts are overlay districts 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.
      
   2. Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor in locating the outer boundaries of the 1-percent annual chance floodplain.
      
   3. The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation (RFPE), defined in 151.086, Subdv. 6.
      
   4. Persons contesting the locations of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and Appeals and to submit technical evidence.
      
2. 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 Scott County, Minnesota, and Incorporated Areas, dated February 12, 2021, all prepared by the Federal Emergency Management Agency. These materials are on file at Shakopee City Hall.

   27139C0016E	27139C0038E	27139C0132E
   27139C0017E	27139C0039E	27139C0134E
   27139C0018E	27139C0041E	27139C0151E
   27139C0019E	27139C0042E	27139C0153E
   27139C0036E	27139C0043E
   27139C0037E	27139C0044E

3. Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed tot he extent of the inconsistency only.
4. Warning and 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 Shakopee or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
5. Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force.
6. Definitions. Unless specifically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application.
   

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

BASE FLOOD. The flood having a one percent chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, Part 6120.5000.

BASE FLOOD ELEVATION (BFE). The elevation of the base flood or one percent annual chance flood. The term "base flood elevation" is used in the flood insurance study.

BASEMENT. Any area of a structure, including crawl spaces, having its floor or base sub-grade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
CONDITIONAL USE. 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 ordinance exist; and
2. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

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

FARM FENCE. An open type of fence of posts and horizontally run wire, further defined by Minnesota Statutes, Section 344.02, Subd. 1 (a-d), and is not considered to be a structure under this ordinance. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this ordinance.

FLOOD. 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. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOOD FRINGE. The portion of the one-percent annual chance floodplain located outside of the floodway. Flood Fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study.

FLOOD INSURANCE RATE MAP. An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD INSURANCE STUDY. The study referenced in Section 151.086, Subd. 2, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide 9i.e. mudflow) and/or flood-related erosion hazards.

FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source.

FLOODPLAIN. The beds and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the base flood.

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

FLOODWAY. The 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 base flood discharge.

LOWEST FLOOR. 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; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

MANUFACTURED HOME. 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".

NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance.

OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory 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. All uses or structures that are not accessory uses or structures.

REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-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. 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 purpose of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle".

REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the base flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

REPTITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred.

SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes, and synonymous with the term base flood or 1% annual chance floodplain.

START OF CONSTRUCTION. Includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start if either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE. 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, decks, manufactured homes, recreational vehicles not considered travel ready as detailed in Section 151.094, Subd. 2, B of this ordinance 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% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. 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% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

(a) 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, or

(b) any alterations 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 ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.

G. Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 151.086, Subd. 2 above may include floodplain areas that lie outside of the corporate boundaries of the City of Shakopee at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Shakopee 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.

(2013 Code, § 11.56)  (Ord. 567, passed 03-16-2000; Ord. 568, passed 05-25-2000; Ord. O2021-002, passed 01-19-2021)

1. Districts.
   1. Floodway District. The Floodway District shall include those areas designated as floodway on the flood boundary and floodway map adopted in § 151.086(B).
   2. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in § 151.086(B).
2. Compliance.
   1. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this subchapter and other applicable regulations which apply to uses within the jurisdiction of this subchapter. Within the Floodway and Flood Fringe Districts, all uses not listed as permitted uses or conditional uses in §§ 151.088 and 151.089 that follow, respectively, shall be prohibited.
   2. In addition, a caution is provided herein that:
      1. New manufactured home, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this subchapter and specifically § 151.092; and
      2. Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures of land are regulated by the general provisions of this subchapter and specifically § 151.094.
   3. As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this subchapter and specifically as stated in § 151.093.

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000)

1. Permit required. A permit must be obtained from the Zoning Administrator to verify if a development meets all applicable standards outlined in this ordinance prior to conducting the following activities:
   1. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance.
   2. The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in Section 151.086, Subd. F of this ordinance
   3. The change or extension of a nonconforming use.
   4. The repair of a structure that has been damaged by flood, fire, tornado, or any others source.
   5. The placement of fill, excavation of materials, or storage of materials or equipment within the floodplain.
      
   6. Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the Department of Natural Resources.
      
   7. Any other type of "development" as defined in this ordinance.
      
2. Minimum Development Standards. All new development must be:
   1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
   2. Constructed with materials and equipment resistant to flood damage;
   3. Constructed by methods and practices that minimize flood damage;
   4. Constructed with electrical, heating, ventilation, ductwork, 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;
      
   5. Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area;
      
   6. Assured to provide adequate drainage to reduce exposure to flood hazards.
      
3. Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
   
4. Materials that, in time of flooding, are buoyant, flammable, explosive, or could by injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in Minnesota Statutes, Section 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.
   
5. Critical Facilities, as defined in Section 151.086, Subd. F, are to be located, so that the lowest floor is not less than two feet above the base flood elevation, or the 0.2% annual chance flood elevation, whichever is higher.
   

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000, Ord. O2021-002, passed 01-19-2021)

1. Permitted uses. The following uses, subject to the standards set forth in Section 151.089, Subd. B, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
   1. General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.
      
   2. Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.
      
   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, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
      
   4. Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.
      
   5. Grading or land alterations associated with stabilization projects.
      
2. Standards for Floodway permitted uses. In addition to the applicable standards outlined in Sections 151.088, Subd. B:
   1. The use must have a low flood damage potential.
   2. The use must not involve structures.
   3. The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.
   4. Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with M.S., Section 103G.245 or a utility crossing license in accordance with M.S., Section 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
   5. Any facility that will be used by employees or the general public must 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 base flood.
3. Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in section 151.095, Subd. D of this ordinance and further subject to the standards set forth in Section 151.089, Subd. D, if otherwise allowed in the underlying zoning district.
   1. Structures accessory to primary uses listed in 151.089, Subd. A, #1-3 above and primary uses listed in 151.089, Subd. C, #2-3 below.
      
   2. Grading, extraction, fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.
      
   3. Marinas, boat rentals, permanent docks, piers, wharves, water control structures, and navigational facilities.
      
   4. Storage yards for equipment, machinery, or materials.
      
   5. Fences that have the potential to obstruct flood flows.
      
   6. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event.
      
4. Standards for Floodway conditional uses. In addition to the applicable standards outlined in Sections 151.088, Subd. B, 151.089 Subd. B, and 151.095, Subd. D:
   1. Fill; Storage of Materials and Equipment:
      1. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
      2. Temporary placement of fill, other materials, or equipment that would cause an increase to the stage of the base flood may only be allowed if the City of Shakopee has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.
   2. Accessory Structures. Accessory structures, as identified in Section 151.089, Subd. C, #1, may be permitted, provided that:
      1. Structures are not intended for human habitation;
      2. Structures will have a low flood damage potential;
      3. Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;
         
      4. Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with Section 151.095, Subd. B, #2 shall be required.
         
      5. As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, 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 openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with Section 151.095, Subd. B, #2 shall be required.
         
   3. A levee, dike or floodwall constructed in the floodway mist not cause an increase to the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
      

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000; Ord. 568, passed 5-25-2000, Ord. O2021-002, passed 01-19-2021)  Penalty, see § 151.999

1. Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in Sections 151.090, Subd. B. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.
2. Standards for Flood Fringe permitted uses. In addition to the applicable standards outlined in Sections 151.088, Subd. B:
   1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation (RFPE). Fill for residential structures must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the community.
      
   2. Accessory Structures. As an alternative to the fill requirements of Section 151.090, Subd. B, #1, any enclosed structures accessory to the uses identified in Section 151.090, Subd. A must meet the following provisions:
      
      1. Accessory structures shall constitute a minimal investment not to exceed 576 square feet in size, and only be used for parking and storage.
         
      2. Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. 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 openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
         
   3. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with Section 151.090, Subd. B, #1 of this ordinance.
      
   4. All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
      
   5. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the city engineer or designee.
      
   6. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must 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 base flood.
      
   7. Manufactured homes and recreational vehicles must also meet the standards of Section 151.094 of this ordinance.
      
   8. For activities within the Lower Minnesota River Watershed District, placement of fill shall be prohibited unless documentation prepared by a professional engineer shows that the proposed fill will not cause a rise in the 100-year flood elevation of the waterbody. This can be satisfied through a no-rise certification by a professional engineer. Compensatory storage shall be used to offset proposed fill in the floodplain, and shall be created before the proposed fill is placed in the floodplain, unless the permit applicant demonstrates that doing so is impractical and that placement of fill and creation of compensatory storage can be achieved concurrently.
      
3. Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 151.095, Subd. D of this ordinance and further subject to the standards set forth in Section 151.090, Subd. D, if otherwise allowed in the underlying zoning district(s).
   
   1. The placement of floodproofed nonresidential basements below the regulatory flood protection elevation.
      
   2. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 151.090, Subd. B, #1 of this ordinance.
      
   3. The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of: slits, pilings, filled stem walls, or above-grade, internally flooded enclosed areas such as crawl spaces or tuck under garages, meeting the standards in Section 151.090, Subd. D, #5.
      
4. Standards for Flood Fringe Conditional uses. In addition to the applicable standards outlined in Sections 151.088, Subd. B, 151.090, Subd. B, and 151.095, Subd. D:
   
   1. The standards for permitted uses in the flood fringe, listed in Sections 151.090, Subd. B, #4-8, apply to all conditional uses.
      
   2. Residential basement, as defined in 151.086, Subd. F, are not allowed below the RFPE.
      
   3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, 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. A floodproofing certification consistent with Section 151.095, Subd. B, #2 shall be required.
      
   4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
      
      1. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum for the base flood event.
         
      2. The plan must be prepared and certified by registered professional engineer or other qualified individual acceptable to the city engineer or designee.
         
      3. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
         
   5. 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. 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 3) it is solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:
      
      1. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and include a minimum of two openings on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade, and 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.
         
      2. Floodproofing certifications consistent with Section 151.095, Subd. B, #2 shall be required. The structure shall be subject to a deed-restricted non-conversion agreement with the issuance of any permit.
         

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000, O2021-002, passed 01-19-2021)

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000, O2021-002, passed 01-19-2021)

1. Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance.
   1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.
      
   2. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the base flood has been approved by the City of Shakopee. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.
      
   3. For all subdivisions in the floodplain, the Floodway and the Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents.

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000, Ord. O2021-002, passed 01-19-2021)

1. Utilities. All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection elevation (RFPE) or located and constructed to minimize or eliminate flood damage.
2. Public Transportation Facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 151.089 and 151.090 of this ordinance. These transportation facilities must 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.
3. On-site Water Supply and Sewage Treatment Systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules, Part 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not ne subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules, Part 7080.2270, as amended.
   

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000; Ord. 568, passed 5-25-2000, Ord. O2021-002, passed 01-19-2021)  Penalty, see § 151.999

1. Manufactured Homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
   
   1. New and replacement manufactured home must be elevated in compliance with Section F of this ordinance and must be securely anchored to a 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.
      
   2. New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in 151.092 of this ordinance. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in 151.092, Subd. A, #2 of this ordinance.
      
2. Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:
   
   1. Meet the requirements for manufactured homes in Section 151.094, Subd. A or
      
   2. Be travel ready, meeting the following criteria:
      
      1. The vehicle must have a current license required for highway use
         
      2. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.
         
      3. No permanent structural type additions may be attached to the vehicle.
         
      4. Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in Sections 151.088, Subd. B and 151,095, Subd. B, #2.
         

(2013 Code, § 11.56)  (Ord. 567, passed 3-16-2000, Ord. O2021-002, passed 01-19-2021)  Penalty, see § 151.999

1. Duties. A Zoning Administrator or other official must administer and enforce this ordinance.
   
2. Permit Application Requirements:
   
   1. Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
      1. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
      2. Location of fill or storage of materials in relation to the 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.
   2. 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 must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in the State Building Code. Accessory structures designed in accordance with Section 151.090, Subd. B, #2 of this ordinance are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevation.
   3. Certificate of Zoning Compliance for 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.
   4. Recordkeeping of Certifications and As-Built Documentation. The Zoning Administrator must maintain records in perpetuity documenting:
      1. All certifications referenced in Section 151.095, Subd. B, #2 of this ordinance as applicable.
      2. Elevations complying with Section 151.090, Subd. B, #1 of this ordinance. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.
   5. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river ot stream, the Zoning Administrator must 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 must also be submitted to the Chicago Regional Office of the federal Emergency Management Agency (FEMA).
   6. Notification to FEMA when physical changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
3. Variances:
   
   1. Variance Applications. An application for a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable State Statutes and Section 151.015 of the zoning ordinance.
   2. Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed 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.
   3. Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
      1. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
      2. Variances may only be issued by a community upon, 1) a showing of good and sufficient cause, 2) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and 3) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
      3. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   4. Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) that issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base flood level increases risks to life and property, Such notification must be maintained with a record of all variance actions.
   5. General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains:
      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 Comprehensive 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.
   6. Submittal of Hearing Notices to the Department of Natural Resources. The Zoning Administrator must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
   7. Submittal of Final Decisions to the Department of Natural Resources. A copy of all decisions granting variances must be forwarded to the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.
   8. Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program when requested by the Federal Emergency Management Agency.
4. Conditional Uses:
   
   1. Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 151.011of the zoning ordinance.
   2. Factors Used in Decision-Making. In passing upon conditional use applications, the City of Shakopee must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 151.095, Subd. C, #5 of this ordinance.
   3. Conditions attached to Conditional Use Permits. In addition to the standards identified in Sections 151.089, Subd. D, and 151.090, Subd. D, the City of Shakopee may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following:
      1. Limitations on period of use, occupancy, and operation.
      2. Imposition of operational controls, sureties, and deed restrictions.
      3. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
   4. Submittal of Hearing Notices to the Department of Natural Resources. The Zoning Administrator must submit hearing notices for proposed conditional uses to the Department of Natural Resources sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective are hydrologist.
   5. Submittal of Final Decisions to the Department of Natural Resources. A copy of all decisions granting conditional uses must be forwarded to the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective area hydrologist.

(Ord. O2021-002, passed 01-19-2021)

1. Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 151.086, Subd. F, Substantial Improvement (b) of this ordinance, are subject to the provisions below.
   
   1. A nonconforming use, structure, or occupancy must 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 151.096, Subd. A, #2 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
   2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e. FP1 the FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 151.096, Subd. A, #4 below.
   3. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance.
   4. If any structure experiences a substantial improvement as defined in this ordinance, then the entire structure must meet the standards of Section 151.089 or 151.090 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance nd repair during the previous 365 days, plus the costs of any previous alterations and additions since the first Flood Insurance Rate Map exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of Section 151.089 or 151.090 of this ordinance.
   5. If any nonconformity is substantially damaged, as defined in this ordinance, 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 151.089 or 151.090 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
   6. If any nonconforming use or structure experiences a repetitive loss, as defined in Section 151.086, Subd. F, Repetitive Loss of this ordinance, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this ordinance.

(Ord. O2021-002, passed 01-19-2021)

1. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance 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) constitute a misdemeanor and will be punishable as defined by law.
   
2. Other Lawful Action: Nothing in this ordinance restricts the City of Shakopee 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 ordinance and will be prosecuted accordingly.
   
3. Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 151.999 of the zoning ordinance. In responding to a suspected ordinance violation, the City of Shakopee 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 City of Shakopee must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
   

(Ord. O2021-002, passed 01-19-2021)

1. Floodplain Designation - Restrictions on Removal: The floodplain designation on the Official Zoning Map must 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 Department of Natural Resources if it is determined that, through other measures, lands are adequately protected for the intended use.
   
2. Required Approval: All amendments to this ordinance must be submitted to and approved by the Department of Natural Resources prior to adoption.
   
3. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 151.086, Subd. B of this ordinance.
   

(Ord. O2021-002, passed 01-19-2021)