The Legislature of the State of Minnesota has, in Minn. Stats. Ch. 103F and 462, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses.

A.

This Ordinance regulates development in the flood hazard areas of the City of Wayzata. 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 for flood protection and relief, and impairment of the tax base, all of which adversely affects the public health, safety and general welfare. It is the purpose of this Ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions.

B.

National Flood Insurance Program Compliance. This Ordinance 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.

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.

A.

Lands to Which Regulations Apply. The Floodplain Overlay District shall apply to all lands within the jurisdiction of the City shown on the official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe or General Floodplain Districts. The Floodplain Overlay District shall be applied to and superimposed as an overlay upon all districts as existing or amended by the text and map of this Ordinance. The regulations and requirements imposed by the Floodplain Overlay District shall be in addition to those established by all other districts of this Ordinance. Where the floodplain regulations and requirements conflict with the base zoning district, the more restrictive regulations will be applied.

B.

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

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. The boundaries of a zoning district shall be determined by scaling distances on the Flood Insurance Rate Map.

1.

Where interpretation is needed as to the exact location of the boundaries of any district, for example where a conflict exists between the floodplain limits illustrated on the official Zoning Map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.

2.

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

E.

Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, or 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 to the extent of the inconsistency only.

F.

Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the Floodplain Overlay District or land uses permitted within such districts will be free from flooding or flood damages. This Ordinance 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 Ordinance of any administrative decision lawfully made thereunder.

G.

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.

A.

Districts. The floodplain areas within the Floodplain Overlay District are hereby divided into the following three districts:

1.

Floodway District. The Floodway District shall include those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 993.03.B. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minn. Stats. § 103G.005, Subd. 14.

2.

Flood Fringe District. The Flood Fringe District shall include those areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 993.03.B, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the one percent annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minn. Stats. § 103G.005, Subd. 14.

3.

General Floodplain District. The General Floodplain District shall include those areas within Zone A that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 993.03.B.

B.

Applicability. Within the floodplain districts established in this Ordinance, the use, size, type and location of development must comply with the terms of this Ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 993.05, 993.06, and 993.07 are prohibited.

A.

Permitted Uses. The following uses, subject to the standards set forth in Section 993.05.B, are permitted within the Floodway District, if the use is allowed in the underlying zoning district and any applicable overlay district:

1.

Residential lawns, gardens, parking areas and play areas.

2.

Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet ranges, shooting preserves, target ranges, and single or multiple purpose recreational trails.

3.

Industrial or commercial accessory uses such as loading areas and parking areas.

4.

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

5.

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

B.

Floodway District Standards. Permitted uses within the Floodway District must meet the following standards.

1.

The use must have low flood damage potential.

2.

The use must not obstruct flood flows or cause any increase in flood elevations.

3.

The use must not include structures, fill, obstructions, excavations, or storage of materials or equipment.

4.

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 one percent chance or regional flood.

C.

Conditional Uses. The following uses may be allowed as conditional uses in the Floodway District if the use is also allowed in the underlying zoning district and in any applicable overlay district, and the use meets the standards and procedures in Section 993.13.

1.

Structures accessory to a permitted or conditional use in the Floodway District.

2.

Placement of fill.

3.

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

4.

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

5.

Storage yards for equipment, machinery, or materials.

6.

Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures.

D.

Conditional Use Permit Standards for Uses in the Floodway District. All conditional uses in the Floodway District must meet the conditional use permit procedures and standards in Chapter 904 and Section 993.13, and must meet all of the following standards:

1.

The use must not cause any increase in the stage of the one percent chance or regional flood, or cause an increase in flood damage in the reach or reaches affected.

2.

All accessory structures must meet the following requirements:

a)

Accessory structures must not be intended for human habitation

b)

Accessory structures must have low flood damage potential

c)

Accessory structures must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters.

d)

Service utilities such as electrical and heating equipment within the structures must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.

e)

Accessory structures must meet one of the following:

1)

The structure must be elevated on fill or structurally dry flood-proofed in accordance with the FP1 and FP2 flood-proofing classifications in the State Building Code. All flood-proofed structures must be adequately anchored to prevent flotation, collapse, or lateral movement, and designed to equalize hydrostatic flood forces on exterior walls.

2)

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

(a)

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

(b)

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.

All fill and storage of materials or equipment must meet the following requirements:

a)

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

b)

Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected by vegetative cover, mulching, riprap, or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

c)

Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the one percent chance or regional flood may only be allowed if the City has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

4.

Flood control structures that will change the course, current, or cross section of protected wetlands or public water must meet the provisions of Minn. Stats. § 103G.245.

5.

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

6.

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

A.

Permitted Uses. Permitted uses within the Flood Fringe District are those uses allowed in the underlying zoning districts that comply with the standards in Section 993.06.B.

B.

Standards for Flood Fringe District.

1.

Permitted uses within the Flood Fringe District must meet all of the following requirements:

a)

All structures, including accessory structures, must be constructed on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation, and the fill must extend at the same elevation at least 15 feet beyond the outside limits of any structure. All fill shall be properly compacted and the slopes shall be properly protected by riprap, vegetative covering, or other acceptable method.

b)

The storage of any materials or equipment must be elevated on fill to the Regulatory Flood Protection Elevation.

c)

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 993.06.B.1.a).

2.

All uses within the Flood Fringe District must meet all of the following requirements:

a)

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

b)

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.

c)

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 and emergency evacuation plan acceptable to the City Engineer.

d)

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

C.

Conditional Uses. The following uses may be allowed as conditional uses in the Flood Fringe District, if they are also allowed in the underlying zoning district and any applicable overlay district. All conditional uses in the Flood Fringe District must meet the conditional use permit standards in Chapter 904 and Section 993.13.

1.

Any structure that is not elevated on fill in accordance with Section 993.06.B.1.a), if it meets the following requirements:

a)

The use must comply with all Flood Fringe District standards in Section 993.06.B.2.

b)

Basements, as defined by Section 902.02, shall be subject to the following:

1)

Residential basement construction shall not be allowed below the Regulatory Flood Protection Elevation.

2)

All areas of non-residential structures, including basements, may be located below the Regulatory Flood Protection Elevation provided the structure is flood-proofed in accordance with the structurally dry flood-proofing classifications in the State Building Code. Structurally dry flood-proofing must meet the FP1 or FP2 flood-proofing classification in the State Building Code and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP3 or FP4 classification shall not be permitted.

2.

Storage of any material or equipment below the regulatory flood protection elevation, if it meets the following requirements:

a)

The use must comply with all Flood Fringe District standards in Section 993.06.B.2.

b)

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.

c)

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.

3.

The cumulative placement of more than 1,000 cubic yards of fill or other similar material, other than for the purpose of elevating a structure to the regulatory flood protection elevation, provided the following requirements are met:

a)

The use must comply with all Flood Fringe District standards in Section 993.06.B.2.

b)

A erosion and sedimentation control plan is required which includes the following:

1)

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

2)

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

3)

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

4)

Any structure that uses alternative methods to elevate a structure above the regulatory flood protection elevation other than through the use of fill, such as stilts, pilings, parallel walls, or above-grade, enclosed areas such as crawl spaces or tuck under garage. The alternative elevation methods must meet the following requirements:

(a)

The base or floor of an enclosed area shall be considered above-grade not a structure's basement or lowest floor if:

(1)

The enclosed area is above-grade on at least one side of the structure;

(2)

It is designed to internally flood and is constructed with flood resistant materials; and

(3)

It is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards.

D.

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 flood water from entering or accumulating within these components during times of flooding.

E.

Specific Standards for Above-Grade, Enclosed Areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:

1.

The minimum area of openings in the walls where internal flooding is to be used as a flood proofing technique. There shall be a minimum of two automatic 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 flood waters without any form of human intervention.

2.

That the enclosed area will be designed of flood resistant materials in accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage.

A.

Permitted Uses. Permitted uses within the General Floodplain District are the same as the permitted uses for the Floodway District as outlined in Section 993.05.A.

B.

Other Uses. The General Floodplain District includes the entire Floodplain and does not differentiate between those areas that are in the Floodway District and those areas that are in the Flood Fringe District. Because of this, the City shall determine whether the proposed use is in the Floodway District or Flood Fringe District using procedures established in Section 993.07.C. If it is determined that the use lies in the Floodway District, the provisions of Section 993.05 shall apply. If it is determined that the proposed use lies in the Flood Fringe District, the provisions of Section 993.06 shall apply.

C.

Procedures for Floodway and Flood Fringe Determinations.

1.

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

2.

If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in Section 993.07.C.3 below.

3.

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

a)

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

b)

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

c)

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

4.

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

5.

Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of Sections 993.06 and 993.06.

A.

Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply, or sewage treatment facilities. In addition to the requirements in Part X, Subdivisions, the following additional requirements apply to all subdivisions located in the Floodplain Overlay District:

1.

All lots within a subdivision that are located within the Floodplain Overlay District must be able to contain a building site outside of the Floodway District and which is 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 regional (one percent chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual acceptable to the City Engineer, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

3.

For all subdivisions in the Floodplain Overlay District, the Floodway and 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.

4.

In the General Floodplain District, applicants must provide the information required in Section 993.07.C to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries, and the regulatory flood protection elevation for the subdivision site.

5.

If a subdivision proposal is in a flood prone area, any such proposal must be reviewed to ensure that:

a)

All such proposals are consistent with the need to minimize flood damage within the flood prone area,

b)

All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage, and

c)

Adequate drainage is provided to reduce exposure of flood hazard.

6.

If a proposed building site is in a flood prone area, all new construction and substantial improvements must be:

a)

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;

b)

Constructed with materials and utility equipment resistant to flood damage;

c)

Constructed by methods and practices that minimize flood damage; and

d)

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

A.

Public Utilities. All public utilities and facilities, such as gas, electrical, sewer and water supply systems, to be located in a floodplain shall be flood proofed in accordance with the State Building Code or elevated to or above the regulatory flood protection elevation.

B.

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 Minn. R. Ch. 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 be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minn. R. Ch. 7080.2270, as amended.

C.

Public Transportation Facilities. Railroad tracks, roads and bridges to be located within the Floodway District shall comply with Section 993.05. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these transportation facilities would result in danger to the public health, safety or welfare or where such facilities are essential to 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, safety or welfare.

A.

Manufactured Homes. New manufactured homes, new manufactured home parks, and expansions to existing manufactured home parks are prohibited in any floodplain district.

B.

Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district.

A.

Floodplain Use Permit Required. A floodplain use permit issued by the Zoning Administrator in conformity with the provisions of this Ordinance shall be secured prior to the conducting the following activities within the Floodplain Overlay District:

1.

Erection, addition 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 use or change of use of a building, structure, or land.

3.

The construction of a dam, fence, or on-site septic system.

4.

Any changes to a non-conforming use, structure, or occupancy of land.

5.

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

6.

Placement of fill, excavation of materials, or storage of materials and equipment within a floodplain district.

7.

Relocation or alteration of a watercourse, including new or replacement culverts and bridges, unless a public waters work permit has been applied for and approved by the Minnesota Department of Natural Resources.

8.

Any other type of development as defined in this Ordinance.

B.

Application for Floodplain Use Permit. Application for a floodplain use permit shall be made to the Zoning Administrator on forms furnished by him or her, and shall include the following where applicable:

1.

A site plan showing all pertinent dimensions, existing and 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.

C.

Certificate of Zoning Compliance for a New, Altered or Non-Conforming 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 Zoning Administrator, stating that the use of the building or land conforms to the requirements of this Section.

D.

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

E.

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

F.

Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minn. Stats. § 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).

G.

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.

A.

Variance Applications. An application for a variance to the provisions of the Floodplain Overlay District will be processed and reviewed in accordance with applicable State Statutes and Chapter 905.

B.

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.

C.

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:

a)

A showing of good and sufficient cause;

b)

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

c)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or Ordinances.

3.

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

D.

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

1.

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

2.

Such construction below the base or regional flood level increases risks to life and property.

3.

Such notifications must be maintained with a record of all variance actions.

E.

Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR 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 DNR area hydrologist.

F.

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

G.

Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their approval, 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.

A.

Review Process and Procedure. An application for a conditional use permit under the provisions of this Ordinance will be processed and reviewed in accordance with Chapter 904.

B.

Factors Used in Decision-Making. In reviewing conditional use permit applications, the City Council must consider all relevant factors specified in other Sections of this Ordinance, and the following factors in granting and imposing conditions on conditional use permits in the Floodplain Overlay District:

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 Plan and flood plain management program for the area.

10.

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

11.

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

C.

Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not limited to, the following:

1.

Modification of waste treatment and water supply facilities.

2.

Limitations on period of use, occupancy, and operation.

3.

Imposition of operational controls, sureties, and deed restrictions.

4.

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

5.

Flood-proofing measures, in accordance with the State Building Code and this Ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

D.

Submittal of Hearing Notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for conditional use permit applications to the DNR 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 DNR area hydrologist.

E.

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

A.

Non-Conforming Uses, Structures, or Occupancies. 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 the Floodplain Overlay District may be continued subject to the following conditions. Historic structures, as defined in Section 902.02 of this Ordinance, are subject to the provisions of Sections 993.14.A.1 through 993.14.A.6.

1.

Expansion or enlargement of uses, structures, or occupancies within the Floodway District is prohibited.

2.

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. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP1 through FP4 flood-proofing classifications) allowable in the State Building Code, except as further restricted in Sections 993.14.A.3 through 993.14.A.7 below.

3.

If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, it shall be considered substantial improvement, and the entire structure must meet the standards of Section 993.05 or 993.06 of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all labor.

4.

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

5.

If any nonconformity is substantially damaged, as defined in Section 902.02, the nonconformity may not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Section 993.05 or 993.06 shall 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 902.02, it must not be reconstructed except in conformance with the provisions of this Ordinance.

7.

Any substantial improvement, as defined in Section 902.02, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 993.05 or 993.06 for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.

A.

Violations. 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 approvals of variances or conditional uses permits, shall be penalized in accordance with Chapter 908.

B.

Enforcement. Violations of the provisions of this Ordinance will be investigated and resolved in accordance with the provisions of Chapter 908. In responding to a suspected Ordinance violation, the Zoning Administrator and City 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 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.

C.

Other Lawful Action. Nothing in this Ordinance restricts the City 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.

A.

Ordinance Amendment. All map revisions must meet the process, procedure, and standards of Chapter 903.

B.

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 regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.

C.

Amendments Require DNR Approval. All amendments to this Ordinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval.

D.

Map Revisions Require Ordinance Amendments. The floodplain overlay district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency (FEMA) to the floodplain maps adopted in Section 993.03.B of this Ordinance.