2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:51 [EST] (Supp. No. 36) Page 90 of 198 b. Where floodproofing measures have been taken, the owner or user shall provide a certification from a registered professional engineer or registered architect that the floodproofing measures taken are in compliance with subsection (5) of this section. c. Certification from a registered professional engineer, registered architect, or registered land surveyor of the as-built elevation of the finished fill and floor elevations for all structures located in the floodplain district. (9) Records to be maintained. The community development director shall maintain a record of the floor elevations and flood proofing measures of all buildings or structures hereafter constructed, altered, or enlarged in the floodplain district. (10) Permit required for obstruction. It is unlawful for any person to construct, erect, or maintain an obstruction in the floodplain district without a permit from the city council. (11) Limitation to interpretation of regulations. The city shall not be more restrictive in the interpretation of its floodplain regulations than required by the state department of natural resources. (12) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the community development director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. (13) Notifications for mapped watercourse alterations. The zoning administrator shall notify, in riverine situations, adjacent communities and the commissioner of the department of natural resources prior to the community authorizing any alteration or relocation of a mapped watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minn. Stat. §103G, this shall suffice as adequate notice to the commissioner of natural resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (14) Annexations. The flood insurance rate map panels adopted by reference in this article may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the city after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation. (Prior Code, § 1155-030.1; Ord. No. 2009-434, § 1, 10-5-2009) Sec. 90-139. Wetlands protection district. (a) The wetlands protection district of the city is all that land located in the city that has a predominance of hydric soils, are inundated by surface water or groundwater at a frequency and duration to support a prevalence of hydrophilic vegetation typically adapted for life in saturated soils conditions, and under normal circumstances, support a prevalence of such vegetation. The district does not include public waters wetlands as defined in Minn. Stat. § 103G.005, subd. 15a. (1) Determination of land located in the city's wetlands protection district shall be based on the January 1989 edition of Technical Report Y-82-1, Army Corps of Engineers Wetland Delineation Manual, and is subject to approval of the city engineer or designated alternate. Where there is any dispute to the correct delineation of a wetland area, the property owner may request, in writing, a determination of the boundary be made by a technical evaluation panel to consist of three individuals chosen for their technical expertise: one each appointed by the board of soil and water resources, the watershed district of jurisdiction, and the city engineer. Such request must be made prior to the City Council