Agenda - Council Work Session - 09/26/2023

Home

1 techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the Minnesota State 2 Building Code, except as further restricted in subsections (3) and (6) below. 3 (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the 4 market value of any nonconforming structure, then the entire structure must meet the 5 standards of section 923 or 924 for new structures depending upon whether the structure is 6 in the floodway or flood fringe district, respectively. The cost of all structural alterations and 7 additions must include all costs such as construction materials and a reasonable cost placed 8 on all manpower or labor. 9 (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more 10 than one year, any future use of the premises must conform to this subdivision. The assessor 11 must notify the zoning administrator in writing of instances of nonconform ities that have 12 been discontinued for a period of more than one year. 13 (5) If any nonconformity is substantially damaged it may not be reconstructed except in 14 conformity with the provisions of this subdivision. The applicable provisions for establishing 15 new uses or new structures in sections 923 or 924 will apply depending upon whether the use 16 or structure is in the floodway or flood fringe, respectively. 17 (6) Any substantial improvement to a nonconforming structure requires that the existing 18 structure and any additions must meet the requirements of sections 923 or 924 for new 19 structures, depending upon whether the structure is in the floodway or flood fringe district. 20 21 22 930 Penalties and enforcement in floodplains 23 (A) Violation constitutes a misdemeanor. Violation of the provisions of this subdivision or failure to 24 comply with any of its requirements (including violations of conditions and safeguards established 25 in connection with grants of variances or conditional uses) constitute a misdemeanor and will be 26 punishable as defined by law. 27 (B) Other lawful action. Nothing in this subdivision restricts the city from taking such other lawful action 28 as is necessary to prevent or remedy any violation. If the responsible party does not appropriately 29 respond to the zoning administrator within the specified period of time, each additional day that 30 lapses will constitute an additional violation of this subdivision and will be prosecuted accordingly. 31 (B) Enforcement. In responding to a suspected code violation, the zoning administrator and city council 32 may utilize the full array of enforcement actions available to it including but not limited to 33 prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a 34 request to the National Flood Insurance Program for denial of flood insurance availability to the 35 guilty party. The city must act in good faith to enforce these official controls and to correct code 36 violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance 37 Program. 38 39 931 Amendments of Floodplains 40 (a) floodplain designation —Restrictions on removal. The floodplain designation on the official zoning 41 map must not be removed from floodplain areas unless it can be shown that the designation is in 42 error or that the area has been filled to or above the elevation of the regulatory flood protection 43 elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be 44 permitted by the commissioner of the department of natural resources (DNR) if the commissioner 45 determines that, through other measures, lands are adequately protected for the intended use. 46 (b) Amendments require DNR approval. All amendments to this subdivision must be submitted to and 47 approved by the commissioner of the department of natural resources (DNR) prior to adoption. The 48 commissioner must approve the amendment prior to city approval. Page 130 of 160