Ordinance - #23-14 - 11/14/2023 - Laserfiche WebLink

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1 (1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or 2 altered in a way that increases its flood damage potential or degree of obstruction to flood flows 3 except as provided in subsection (2) below. Expansion or enlargement of uses, structures or 4 occupancies within the floodway district is prohibited. 5 (2) Any addition or structural alteration to a nonconforming structure or nonconforming use that 6 would result in increasing its flood damage potential must be protected to the regulatory flood 7 protection elevation in accordance with any of the elevation on fill or floodproofing techniques 8 (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the Minnesota State Building 9 Code, except as further restricted in subsections (3) and (6) below. 10 (3) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the 11 market value of any nonconforming structure, then the entire structure must meet the standards 12 of section 923 or 924 for new structures depending upon whether the structure is in the 13 floodway or flood fringe district, respectively. The cost of all structural alterations and 14 additions must include all costs such as construction materials and a reasonable cost placed on 15 all manpower or labor. 16 (4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more 17 than one year, any future use of the premises must conform to this subdivision. The assessor 18 must notify the zoning administrator in writing of instances of nonconformities that have been 19 discontinued for a period of more than one year. 20 (5) If any nonconformity is substantially damaged it may not be reconstructed except in conformity 21 with the provisions of this subdivision. The applicable provisions for establishing new uses or 22 new structures in sections 923 or 924 will apply depending upon whether the use or structure 23 is in the floodway or flood fringe, respectively. 24 (6) Any substantial improvement to a nonconforming structure requires that the existing structure 25 and any additions must meet the requirements of sections 923 or 924 for new structures, 26 depending upon whether the structure is in the floodway or flood fringe district. 27 28 29 930 Penalties and enforcement in floodplains 30 (A) Violation constitutes a misdemeanor. Violation of the provisions of this subdivision or failure to 31 comply with any of its requirements (including violations of conditions and safeguards established 32 in connection with grants of variances or conditional uses) constitute a misdemeanor and will be 33 punishable as defined by law. 34 (B) Other lawful action. Nothing in this subdivision restricts the city from taking such other lawful action 35 as is necessary to prevent or remedy any violation. If the responsible party does not appropriately 36 respond to the zoning administrator within the specified period of time, each additional day that lapses 37 will constitute an additional violation of this subdivision and will be prosecuted accordingly. 38 (B) Enforcement. In responding to a suspected code violation, the zoning administrator and city council 39 may utilize the full array of enforcement actions available to it including but not limited to 40 prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures or a request 41 to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. 42 The city must act in good faith to enforce these official controls and to correct code violations to the 43 extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 44 45 931 Amendments of Floodplains 46 (a) Floodplain designation Restrictions on removal. The floodplain designation on the official zoning 47 map must not be removed from floodplain areas unless it can be shown that the designation is in error 48 or that the area has been filled to or above the elevation of the regulatory flood protection elevation 49 and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by 50 the commissioner of the department of natural resources (DNR) if the commissioner determines that, 51 through other measures, lands are adequately protected for the intended use. Attachment A — Ordinance #23-14 Page 115 of 141