HomeMy WebLinkAboutOrdinance 506
.
.
,.
I,{
..
ORDINANCE NO. 506
CITY OF HOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 49 OF THE MUNICIPAL CODE OF
HOUNDS VIEW TO INCLUDE REFERRENCES TO
THE LOCAL WATER MANAGEMENT PLAN
The Council of the city of Mounds View does hereby ordain that
Chapter 49 of the Municipal Code of Mounds View shall be amended
as indicated on the attached pages. sections that are over-struck
shall be deleted and sections that are underlined shall be added.
This ordinance shall take effect thirty days after the date of
its publication.
R~ad by the City Council of the City of Mounds View this
13th day of April, 1992.
Read and passed by the
View this 27th day of April,
City Council of the City of Mounds
1992. -2
~~~~
Ma,
,"
Attest:
(SEAL)
./
,//
APPROVED AS TO FORM:
.
.
.
I
CHAPTER 49
FLOOD PLAIN ZONING ORDINANCE
49. 01. STATUTORY AUTHORI ZATION. FINDINGS OF FACT AND PURPOSE.
Subdivision 1. Statutory Authorization. The Legislature of
the State of Minnesota has, in Minnesota Statutes, Chapter 104, and
in the Mounds View Municipal Code, Chapter 40, delegated the
responsibility to local governmental units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of
Mounds View, Minnesota, does ordain as follows:
Subdivision 2. Findinqs of Fact.
(a) The flood hazard areas of Mounds View, Minnesota, are
subject to periodic inundation which results in potential
loss of life, loss of property, heal th 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 affect the public health, safety,
and general welfare.
(b) Methods Used to Analyze Flood Hazards. This Ordinance is
based upon a reasonable method of analyzing flood hazards
which is consistent with the standards established by the
Minnesota Department of Natural Resources.
Subdivision 3. Statement of Purpose. It is the purpose of
this Ordinance to promote the public health, safety, and general
welfare and to minimize those losses described in Subdivision 2,
section (a), by provisions contained herein.
49.02. GENERAL PROVISIONS.
Subdivision 1. Lands to Which Chapter Applies. This Chapter
shall apply to all lands within the jurisdiction of Mounds View
shown on the Flood Plan Zoning Map as being located within the 100-
year flood boundary. These lands are delineated as flood insurance
zones A-1, A-2, A-3, A-4, A-6, A-7 or A-H.
Subdivision 2. Establishment of Flood Plain Zoninq Map. The
Flood Plain Zoning Map together with all materials attached thereto
is hereby adopted by reference and declared to be a part of this
ordinance. The attached material shall include the Flood Insurance
Study for the City of Mounds View prepared by the Federal Insurance
Administration dated March 3, 1983, and the Flood Boundary and
Floodway Maps and Flood Insurance Rate Maps therein. The Official
zoning Map shall be on file in the office of the Clerk-
Administrator.
Subdivision 3. Requlatorv Flood Protection Elevation. The
Regulatory Flood Protection Elevation shall be an elevation no
lower than one foot above the elevation of the regional flood.
Subdivision 4. Interpretation.
1
.
(a) In their interpretation and application, the prov1s1ons
of the ordinance shall be held to be minimum requirements
and shall be liberally construed in favor of the
governing body and shall not be deemed a limitation or
repeal of any other powers granted by state statutes.
(b) The boundaries of the zoning districts shall be
determined by scaling distances on the Flood Plain Zoning
Map. Where interpretation is needed as to the exact
location of the boundaries of the district as shown on
the Flood Plain Zoning Map, as for example where there
appears to be a conflict between a mapped boundary and
actual field condition, the Planning Commission shall
make the necessary interpretation based on elevations on
the regional (lOa-year) flood project and other available
technical data. Persons contesting the location of the
district boundaries shall be given a reasonable
opportunity to present their case to the Planning
Commission and to submit technical evidence.
Subdivision 5. Compliance. No 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 Chapter and other applicable regulations which apply
to uses within the jurisdiction of this Chapter.
.
Subdivision 6. Abroqation and Greater Restrictions. It is
not intended by this Chapter to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Chapter imposes greater restrictions, the provisions of
this Chapter shall prevail. In all cases, provisions of Chapter
48, Wetland zoning Ordinance and the Local Water Manaqement Plan
date February 12. 1990 subiect to subsequent revisions, shall be
considered more restrictive than this Chapter.
Subdivision 7. Warninq and Disclaimer of Liability. This
Chapter does not imply that areas outside the flood plain districts
or land uses permitted within such districts will be free from
flooding or flood damages. This Chapter shall not create liability
on the part of Mounds View or any officer or employee thereof for
any flood damages that result from reliance on this Chapter or any
administrative decision lawfully made thereunder.
Subdivision 8. Severabilitv. If any section, clause,
provision, or portion of this Chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of
this Chapter shall not be affected thereby.
Subdivision 9. Definitions. Unless specifically defined
below, words or phrases used in this Chapter shall be interpreted
so as to give them the same meaning as they have in common usage
and so as to give this Chapter its most reasonable application.
.
2
(a) Accessorv Use or structure - a use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
.
(b) Eaual Deqree of Encroachment - a method of determining
the location of floodway boundaries so that flood plain
lands on both sides of a flooding source are capable of
conveying a proportionate share of flood flows.
(c) Flood - a temporary increase in the flow or stage of a
lake or other flooding source that results in the
inundation of normally dry areas.
(d) Flood Frequency - the average frequency, statistically
determined, for which it is expected that a specific
flood stage or discharge may be equaled or exceeded.
(e) Flood Plain - the areas which have been or hereafter may
be covered by the regional flood.
(f) Flood-Proofing - a combination of structural provisions,
changes, or adjustments to properties and structures
subject to flooding, primarily for the reduction or
elimination of flood damages.
(g) Flood Plain Zonina District - the area delineated A-l, A-,
2, A-3, A-4, A-6, A-7 or A-H on the Flood Insurance Rate
Map attached to the Flood Plain zoning Map.
.
(h) 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
flood plain 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.
(i) Reach - a length of a watercourse or water body having
relatively the same flood hazard.
(j) Reaional Flood - a flood which is representative of large
floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the
lOO-year recurrence interval. Regional flood is
synonymous with the term "base flood" used in the Flood
Insurance study.
(k) structure - anything constructed or erected on the ground
or attached to the ground, including, but not limited to,
buildings, factories, sheds, detached garages, cabins,
mobile homes, and other similar items.
.
3
.
(1) Requlatory Flood Protection Elevation - an elevation no
lower than one foot above the elevation of the regional
flood except Judicial Ditch NO.1, Hillview and Lois
Drive flood areas shall have an elevation no lower than
2.0 feet above regional flood plus any increases in flood
heights attributable to encroachment on the flood plain.
It is the elevation to which uses regulated by this
Chapter are required to be elevated or flood-proofed.
49.03. ESTABLISHMENT OF FLOOD PLAIN ZONING DISTRICT. The
flood plain areas within the jurisdiction of this Chapter are
hereby defined to be those areas delineated A-1 to A-4, A-6, A-7,
and A-H or Flood Insurance Map attached to the Flood Plain Zoning
Map.
49.04. FLOOD PLAIN ZONING DISTRICT (F.Z.D.l.
Subdivision 1. Permitted Uses. The following uses have a low
flood damage potential and do not obstruct flood flows. These uses
shall be permitted within the F.Z.D. to the extent that they are
not prohibited by any other ordinance and provided they do not
require structures, fill, or storage of materials or equipment. In
addition, no use shall adversely affect the capacity of the
channels or floodways or of any drainage ditch, or any other
drainage facility or system.
(a) Agricultural uses such as general farming, pasture,
grazing, outdoor plant nurseries, horticulture, truck
farming, forestry, sod farming, and wild crop harvesting.
.
(b) Industrial-Commercial uses such as loading area or
parking areas.
(c) Private and public recreational uses such as golf
courses, tennis courts, driving ranges, archery ranges,
picnic grounds, boat lunching ramps, swimming areas,
parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and
skeet ranges, hunting and fishing areas, and single or
multiple purpose recreational trails.
(d) Residential uses such as lawns, gardens, parking areas,
and play areas.
Subdivision 2. Conditional Uses. The following open space
uses require accessory structures (temporary or permanent), or fill
or storage of materials or equipment. These uses may be permitted
in the F.Z.D. only after the issuance of a Conditional Use Permit
as provided in section 49.07, Subdivision 4, of this Chapter.
(a) Structures accessory to open space uses.
(b) Placement of fill.
.
(c) Extraction of sand, gravel, and other materials.
(d) Marinas, boat rentals, docks, piers, wharves, and water
control structures.
4
(e) Railroads, streets, bridges, utility transmission lines,
and pipelines.
.
(f) storage yards for equipment, machinery, or materials.
(g) Other uses similar in nature to uses describes in section
49.04, Subdivisions 1 and 2, which are consistent with
the provisions set out in section 49.01, Subdivision 3,
and section 49.04 of this ordinance.
Subdivision 3. Standards for F.Z.D. Conditional Uses.
(a) All uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit,
obstruction, storage of materials, or equipment, or other
uses may be allowed as a Conditional Use, which acting
alone or in combination with existing or reasonably
anticipated future uses, increases flood heights. In
addition, all F.Z.D. conditional uses shall be subject to
the standards contained in section 49.07, Subdivision
4(e} and the following standards (Section 49.04,
Subdivision 3, b - e).
(b) Fill.
.
(1) Any fill deposited in the F.Z.D. shall be no more
than the minimum amount necessary to conduct a
Conditional Use listed in section 49.04,
Subdivision 2. Generally, fill shall be limited to
that needed to grade or landscape for that use and
shall not in any way obstruct the flow of flood
waters.
(2) Spoil from dredging or sand and gravel operations
shall not be deposited in the F.Z.D. unless it can
be done in accordance with (1) of this section.
(3) Fill shall be protected from erosion by vegetation
cover.
(c) Accessory Structures (temporary or permanent) permitted
as Conditional Uses by section 49.04, Subdivision 2(a}.
(1) Accessory structures shall not be designed for
human habitation.
(2) Accessory structures, if permitted, shall be
constructed and placed on the building site so as
to offer the minimum obstruction to the flow of
flood waters.
.
5
(3) Accessory structures shall be flood-proofed in
accordance with the state Building Code.
.
(d) storage of Materials and Equipment.
(1) The storage or processing of materials that are, in
time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant
life is prohibited.
(2) storage of other materials or equipment may be
allowed if readily removable from the area within
the time available after a flood warning.
(e) structural Works for Flood Control. structural works for
flood control such as dams and channel enlargements that
will change the course, current, or cross-section of a
public water shall be subject to provisions of Minnesota
statutes, Chapter 105.
.
49.05. Subdivisions. No land shall be subdivided which is
held unsuitable by the City Council for reason of flooding,
inadequate drainage, water supply or sewer treatment facilities.
All lots within the flood plain zoning districts shall contain a
building site at or above the Regulatory Flood Protection
Elevation. All subdivisions shall have water and sewage disposal
facilities that comply with the provisions of this ordinance and
have road access both to the subdivision and to' the individual
building sites no lower than two (2) feet below the Regulatory
Flood Protection Elevation.
49.06. Public utilities. Railroads. Roads. and Bridges.
Subdivision 1. Public utilities. All public utilities and
facilities such as gas, electrical, sewer, and water supply systems
to be located in the F.Z.D. shall be flood-proofed in accordance
with the State Building Code or elevated to above the Regulatory
Flood Protection Elevation.
Subdivision 2. Public Transportation Facilities. Railroad
tracks, roads, and bridges to be located within the F.Z.D. shall
comply with section 49.04, Subdivision 3 (a and b) of this
ordinance. Elevation to the Regulatory Flood Protection Elevation
shall be provided where failure or interruption of these
transportation 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.
49.07. Administration.
.
Subdivision 1. Zoninq Administrator. A Zoning Administrator
designated by the City Council shall administer and enforce the
Chapter. If he/she finds a violation of the provisions of this
Chapter he/she shall notify the person responsible for such
violation and order the action necessary to correct it.
Subdivision 2. Use Permit.
6
.
(a) Use Permit Required. A use permit issued by the Zoning
Administrator is conformity with the provisions of this
Chapter shall be secured prior to the erection, addition,
or alteration of any building, structure, or portion
thereof; prior to the use or change of use of building,
structure, or land; prior to the change or extension of
a nonconforming use; and prior to the placement of fill
or excavation of materials within the F.Z.D.
(b) Application for Use Permit. Application for a use permit
shall be made in duplicate to the Zoning Administrator on
forms furnished by him/her and shall include the
following where applicable: plans in duplicate drawn to
scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures,
fill, or storage of materials; and the location of the
foregoing in relation to the stream channel or water
body.
(c) state and Federal Permits. Prior to granting a use
permit or variance, or processing an application for the
conditional use permit, the Zoning Administrator shall
determine that the applicant has obtained all necessary
state and Federal permits.
.
(d) certificate of Zoning compliance for a New, Altered, or
Nonconforming use. It shall be unlawful to use, occupy
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 Chapter. Where a nonconforming use
or structure is extended or substantially altered, the
certificate of Zoning Compliance shall specifically state
the manner in which the nonconforming structure or use
differs from the provisions of this ordinance.
.
(e) Construction and Use to be as Provided in Applications,
Plans, Permits, and certificate of Zoning Compliance.
Use permits, conditional use permits, or certificates of
zoning Compliance issued on the basis of approved plans
and applications authorize only the use, arrangement, and
construction set forth in such approved plans and
applications, and no other use, arrangement, or
construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed a violation
of this Chapter. The applicant shall be required to
submit certification by a registered professional
engineer, registered architect, or registered land
surveyor that the finished fill and building elevations
were accomplished in compliance with the provisions of
this Chapter. Flood-proofing measures shall be certified
by a registered professional engineer or registered
architect.
(f)
Record of First Floor Elevation. The Zoning
Administrator shall maintain a record of the elevation of
the first floor (including basement) of all new
7
.
structures or additions to existing structures in the
flood plain districts. He/She shall also maintain a
record of the elevations to which structures or additions
to structures are flood-proofed.
Subdivision 3. Board of Adiustment and Appeals. A Board of
Adjustment and Appeals is established as provided in Chapter 40 of
the Municipal Code.
(a) Rules. The Board of Adjustment and Appeals shall adopt
rules for the conduct of business and may exercise all of
the powers conferred on such Boards by State law.
(b) Administrative Review. The Board shall hear and decide
appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an
administrative official in the enforcement of
administration of this Chapter.
.
(c) Variances. The Board may authorize upon appeal in
specific cases such variance from the terms of this
chapter as will not be contrary to the public interest,
where, owing to special conditions, literal enforcement
of the provisions of the Chapter will result in
unnecessary hardship so that the spirit of the Chapter
shall be observed and substantial justice done. No
Variance shall have the effect of allowing in any
district uses prohibited in that district, permit a lower
degree of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or permit
standards lower than those required by State law.
(d) Hearings. Upon filing with the Board of Adjustment and
Appeals of an appeal from a decision of the Zoning
Administrator, or an application for a variance, the
Board shall fix a reasonable time for a hearing and give
due notice to the parties in interest. The Board shall
submit by mail to the Commissioner of Natural Resources
a copy of the application for proposed variance
sufficiently in advance so that the Commissioner will
receive at least ten (10) days notice of the hearing.
.
(e) Decisions. The Board shall arrive at a decision on such
appeal or variance within thirty (30) days after Public
Hearing of such appeal or variance. In passing upon an
appeal the Board may, so long as such action is in
conformity with the provision of the Chapter, reverse or
affirm, wholly or in part, or modify the order,
requirement, decision or determination appealed from. It
shall make its decision in writing setting forth the
findings of fact and the reasons for its decision. In
granting a variance the Board may prescribe appropriate
conditions and safeguards such as those specified in
section 49.07, Subdivision 4(g), which are in conformity
with the purposes of this Chapter. Violations of such
conditions and safeguards, when made part of the terms
under which the variance is granted, shall be deemed a
violation of this chapter punishable under section 49.09.
A copy of all decisions granting variances shall be
8
forwarded by mail to the Commissioner of Natural
Resources within ten (10), days of such action.
.
(f) Appeal to the City Council and District Court. Appeals
from any decision of the Board may be taken by any person
or persons, jointly or severally, aggrieved by any
decision of the Board, or any taxpayers, officer,
department, board, or bureau of the municipality, to the
City Council. The decision of the City Council may be
appealed to the district court, of this jurisdiction as
provided in Minnesota statutes 462.361.
Subdivision 4. Condi tional Uses. The City Council shall hear
and decide applications for conditional uses permissible under this
Chapter. Applications shall be filed with the Clerk-Administrator
who shall forward the applications to the Planning Commissioner for
consideration. The Planning Commission shall in turn refer
application to the City Council for decision as provided in the
Municipal Code.
(a) Hearings. Upon referring to the City Council as
application for a conditional use permit, the City
Council shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed
conditional uses sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice
of the hearing.
.
(b) Decisions. The Planning Commission shall consider the
request at its next regular meeting unless the filing
date falls within fifteen (15) days of said meeting, in
which case the request would be placed on the agenda and
considered at the regular meeting following the next
regular meeting. The Clerk-Administrator shall refer
said application along with all related information to
the city Planning Commission at least ten (10) days prior
to the regular meeting. The City Council shall then
arrive at a decision on a conditional use within sixty
(60) days after the first regular Planning Commission
meeting at which the request was considered. In granting
a conditional use permit the city Council may prescribe
appropriated conditions and safeguards, in addition to
those specified in section 49.07, Subdivision 4 (g), which
are in conformity with the purposes of this Chapter.
violations of such conditions and safeguards, when made
part of the terms under which the conditional use permit
is granted, shall be deemed a violation of this Chapter
punishable under Section 49.09. A copy of all decisions
granting conditional use permits shall be forwarded by
mail to the Commissioner of Natural Resources within ten
(10) days of such action.
(c) Procedures for Evaluating Proposed Conditional Uses
within the General Flood Plain Districts:
.
(1) Upon receipt of an application for a conditional
use permit for a use within the F.Z.D., the
applicant shall be required to furnish such of the
following information as is deemed necessary by the
9
Planning commission for the determination of the
Regulatory Flood Protection Elevation.
.
(a) Plan (surface view) showing elevations or
contours of the ground; pertinent structure,
fill, or storage elevations; size, location,
and spatial arrangement of all proposed and
existing structures on the site; location and
elevations of streets; photographs showing
existing land uses and vegetation upstream and
downstream; and soil type.
(2) One copy of the above information shall be
transmitted to a designated engineer or other
expert person or agency for technical assistance in
determining the Regulatory Flood Protection
Elevation. Procedures consistent with Minnesota
Regulations NR 86-87 shall be followed in this
expert evaluation. The designated engineer or
expert shall calculate the water surface profile of
the regional flood.
(3) Based upon the technical evaluation of the
designated engineer or expert, the Planning
commission shall determine the Regulatory Flood
Protection Elevation at the site.
.
(d) Procedures to be followed by the Planning Commission and
City council in passing on conditional use permit
applications:
(1) Require the applicant to furnish such of the
following information and additional information as
deemed necessary by the Planning Commission and
City council for determining the suitability of the
particular site for the proposed use:
(a) Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of
the lot, existing or proposed structures,
fill, storage or materials, flood-proofing
measures, and the relationship of the above to
the location of the stream channel.
(b) Specifications for building construction and
materials, flood-proofing, filling, dredging
of materials, water supply and sanitary
facilities.
.
10
.
(2) Transmit one copy of the information described in
subsection (1) to a designated engineer or other
expert person or agency for technical assistance,
where necessary, in evaluating the proposed project
in relation to flood heights and velocities, the
seriousness of flood damage to the use, the
adequacy of the plans for protection, and other
technical matters.
(3) Based upon the technical evaluation of the
designated engineer or expert, the Planning
Commission shall determine the specific flood
hazard at the site and evaluate the suitability of
the proposed use in relation to the flood hazard.
(e) Factors Upon Which the Decision of the city council Shall
be Based. In passing upon conditional use applications,
the city Council shall consider all relevant factors
specified in other sections of this Chapter, and
(1) The 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
and the ability of these systems to prevent
disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owner.
(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location.
(7) The availability of alternative locations not
subject to flooding for the proposed use.
(8) The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
(9) The relationship of the proposed use to the
comprehensive plan and 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
(11) The expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
expected at the site.
.
(12) Such other factors which are relevant to the
purposes of this chapter.
(f) Time for Acting on Application. The City Council shall
act on an application in the manner described above
within the time limits given above, except where
additional information is required pursuant to Section
49.07, Subdivision'4 (c and d) of this ordinance. The
City Council shall render a written decision within
fifteen (15) days from the receipt of such additional
information beyond the time. limits given above.
( g) Conditions Attached to Conditional Use Permit. Upon
consideration of the factors listed above and the purpose
of this Chapter, the ci ty Council may attach such
conditions to the granting of conditional use permits as
it deems necessary to fulfill the purposes of this
Chapter. Such conditions may include, but are not
limited to, the following:
(1) Modification of waste disposal and water supply
facilities.
(2) Limitations on period of use, occupancy, and
operation.
.
(3) Imposition of operational controls, sureties, and
deed restrictions.
(4) Requirements of construction of channel
modifications, dikes, levees, and other protective
measures.
(5) Flood-proofing measures, in accordance with the
States Building Code. The applicant shall 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.
49.08. Nonconforminq Uses.
Subdivision 1. A structure or the use of a structure or
premises which was lawful before the passage or amendment of this
Chapter but which is not in conformity with the provisions of the
Chapter may be continued subject to the following conditions:
(a)
No such use shall be expanded, changed, enlarged, or
altered in a way which increases its nonconformity.
.
12
j,-
.
(b) No structural alteration or addition to any nonconforming
structure over the life of the structure shall exceed
fifty (50) percent of its assessed value at the time of
its becoming a nonconforming use, unless the entire
structure is permanently changed to a nonconforming use
or unless the alteration or addition would 'substantially
reduce potential flood damages for the entire structure.
(c) Any alteration or addition to a nonconforming use which
would result in substantially increasing the flood damage
potential of that use shall be flood-proofed in
accordance with the state Building Code.
(d) If any nonconforming use is discontinued for twelve (12)
consecutive months, any future use of the building
premises shall conform to this Chapter. The assessor
shall notify the zoning Administrator in writing of
instances of nonconforming uses which have been
discontinued for a period of twelve (12) months.
(e) If any nonconforming use is destroyed by any means,
including floods, to an extent of fifty (50) percent or
more of its assessed value, it shall not be reconstructed
except in conformity with the provisions of this Chapter.
(f) Uses or adjuncts thereof which are or become nuisances
shall not be entitled to continue as nonconforming uses.
.
(g) Nonconforming uses located in the F.Z.D. shall be
eliminated or brought into conformity with the standards
contained in this Chapter within a reasonable period of
time as determined by the City Council, after a hearing
for each such nonconforming use. The city Council shall
make its determination upon the basis of the normal life
of any improvement upon the premises. In additions, the
monetary value of any competitive advantage derived by
the operation of such nonconforming use, by reason of the
limitation of establishment of competing businesses as a
result of this Chapter, shall be considered as a
reduction of losses resulting from the requirement of
termination of the use under this Chapter.
(h) The Zoning Administrator shall prepare a list of those
nonconforming uses which have been flood-proofed or
otherwise adequately protected in conformity with section
49.07, Subdivision 4(g) of this ordinance. He/She shall
present such list to the City Council which may issue a
certificate to the owner stating that such uses as a
result of these corrective measures, are in conformity
with the provisions of this Chapter.
49.09. Penalties for violation.
.
violation of the provisions of this Chapter or failure to
comply wi th any of its requirements (including violations of
conditions and safeguards established in connection with grants of
variances or conditional uses) shall constitute a misdemeanor. Any
person who violates this Chapter or fails to comply with any 0 its
requirements shall upon conviction thereof be fined no more than
13
....llIIIII
.
.
.
$500 or imprisoned for not more than ninety (90) days, or both, and
in addition shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the city council
from taking such other lawful action as is necessary to prevent or
remedy any violation.
49.10. Amendments.
The flood plain designation on the Flood Plain Zoning Map
shall not be removed from flood plain 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 regional flood and is contiguous
to lands outside the flood plain. Special exceptions to this rule
may be permitted by the Commissioner of Natural Resources if he
determines that, through other measures., lands are adequately
protected for the intended use.
All amendments to this Chapter including amendments to the
Flood Plain Zoning Map must be submitted to and approved by the
Commissioner of Natural Resources prior to adoption. Changes in
the Flood Plain Zoning Map also require prior approval by the
Federal Insurance Administration.
14
....j