Agenda - Planning Commission - 07/27/2023

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1 929 Nonconformities in Floodplains 2 (A) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the 3 passage or amendment of this subdivision but which is not in conformity with the provisions of this 4 subdivision may be continued subject to the following conditions. Historic structures are subject to 5 the provisions of only subsections (1) through (5) below. 6 (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or 7 altered in a way that increases its flood damage potential or degree of obstruction to flood 8 flows except as provided in subsection (2) below. Expansion or enlargement of uses, 9 structures or occupancies within the floodway district is prohibited. 10 (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that 11 would result in increasing its flood damage potential must be protected to the regulatory 12 flood protection elevation in accordance with any of the elevation on fill or floodproofing 13 techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the Minnesota State 14 Building Code, except as further restricted in subsections (3) and (6) below. 15 (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the 16 market value of any nonconforming structure, then the entire structure must meet the 17 standards of section 923 or 924 for new structures depending upon whether the structure is 18 in the floodway or flood fringe district, respectively. The cost of all structural alterations and 19 additions must include all costs such as construction materials and a reasonable cost placed 20 on all manpower or labor. 21 (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more 22 than one year, any future use of the premises must conform to this subdivision. The assessor 23 must notify the zoning administrator in writing of instances of nonconformities that have 24 been discontinued for a period of more than one year. 25 (5) If any nonconformity is substantially damaged it may not be reconstructed except in 26 conformity with the provisions of this subdivision. The applicable provisions for establishing 27 new uses or new structures in sections 923 or 924 will apply depending upon whether the use 28 or structure is in the floodway or flood fringe, respectively. 29 (6) Any substantial improvement to a nonconforming structure requires that the existing 30 structure and any additions must meet the requirements of sections 923 or 924 for new 31 structures, depending upon whether the structure is in the floodway or flood fringe district. 32 33 34 930 Penalties and enforcement in floodplains 35 (A) Violation constitutes a misdemeanor. Violation of the provisions of this subdivision or failure to 36 comply with any of its requirements (including violations of conditions and safeguards established 37 in connection with grants of variances or conditional uses) constitute a misdemeanor and will be 38 punishable as defined by law. 39 (B) Other lawful action. Nothing in this subdivision restricts the city from taking such other lawful action 40 as is necessary to prevent or remedy any violation. If the responsible party does not appropriately 41 respond to the zoning administrator within the specified period of time, each additional day that 42 lapses will constitute an additional violation of this subdivision and will be prosecuted accordingly. 43 (B) Enforcement. In responding to a suspected code violation, the zoning administrator and city council 44 may utilize the full array of enforcement actions available to it including but not limited to 45 prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a 46 request to the National Flood Insurance Program for denial of flood insurance availability to the 47 guilty party. The city must act in good faith to enforce these official controls and to correct code 48 violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance 49 Program. Page 130 of 160