BUILDING, HOUSING, ZONING AND SUBDIVISION
Section 300 – BUILDING CODE
300.01 State Building Code. Repealed by ORD 10-2004, 10/31/04.
300.02 Minnesota Building Code
A. Administration
The application, administration, and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The Building Inspections Department of the City of Mound shall be designated by the City Council of the City of Mound. This code shall be enforced by a Minnesota Certified Building Official who is designated by the City of Mound to administer the code (Minnesota Statute 16B.65) Subdivision 1.
B. Permits and Fees
The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 16B.62, Subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the ordinance adopted by the City of Mound. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute 16B.70. An investigation fee, in addition to the permit fee, shall be collected whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
A re-inspection fee may be assessed for each re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. Re-inspection fees may be assessed when the inspection record card is not readily available, approved plans are not readily available, failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. The fee shall be in accordance with the fee schedule adopted by the jurisdiction.
Fee refunds may be authorized by the Building Official or City Manager (or designated representative) of any fee paid hereunder which was erroneously paid or collected. The Building Official or City Manager (or designated representative) may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official or City Manager (or designated representative) shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. All plan review fees shall be paid by the applicant whether the project is to be completed or not.
If a building permit has expired and needs to be renewed, an applicant must pay a fee equal to one half of the the amount required for a new permit for such work, provided that no changes have been made or will be made in the original plans and specifications for such work.
C. Violations and Penalties
A violation of the code is a misdemeanor (Minnesota Statute 16B.69) and Minnesota Rules, Chapter 1300.
D. Building Code
The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City of Mound. The code is hereby incorporated in this ordinance as if fully set out herein. The Minnesota State Building Code includes the following chapter of Minnesota Rules:
1. 1300 – Administration of the Minnesota State Building Code;
2. 1301 – Building Official Certification;
3. 1302 – State Building Construction Approvals;
4. 1303 – Minnesota Provisions;
5. 1305 – Adoption of the 2000 International Building Code;
6. 1306 – Special Fire Protection Systems;
7. 1307 – Elevators and Related Devices;
8. 1309 – Adoption of the 2000 International Residential Code;
9. 1311 – Adoption of the 2000 Guidelines for the Rehabilitation of Existing Building;
10. 1315 – Adoption of the 2002 National Electrical Code;
11. 1325 – Solar Energy Systems;
12. 1330 – Fallout Shelters;
13. 1335 – Floodproofing Regulations;
14. 1341 – Minnesota Accessibility Code;
15. 1346 – Adoption of the Minnesota State Mechanical Code;
16. 1350 – Manufactured Homes;
17. 1360 – Prefabricated Structures;
18. 1361 – Industrialized/Modular Buildings;
19. 1370 – Storm Shelters (Manufactured Home Parks);
20. 4715 – Minnesota Plumbing Code;
21. 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code
G. Severability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.
H. Effective Date. This ordinance becomes effective from and after its passage and publication.
(ORD. 10-2004, 10/31/04)
300.05 Organization and Enforcement. Repealed by ORD 10-2004, 10/31/04.T
300.10 Building Permits, Application.
Subd. 1. Plans and Specifications. Each application for a building permit shall be accompanied by written statement, signed by the applicant, that all property taxes, special assessments, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon have been paid for the property for which the building permit has been submitted and by such building plans and specifications as the Building Inspector may determine to be sufficient to explain the nature, construction, and purpose of the building or structure, or additions or alterations, proposed to be erected or placed; or as the City Council may require. (ORD. 105-2000, 2/5/00)
Subd. 2. Plat Plan. Each application for a building permit shall also be accompanied by a survey by a registered surveyor or civil engineer and a plat plan of the premises, drawn to scale, showing the location and actual dimensions and extent of land or lot upon which it is proposed to construct, alter, or place a building or structure, the location of corner and angle posts or stakes, the proposed location of the proposed building or structure, or proposed alterations or additions to existing buildings or structures upon the same premises, building on adjacent premises, the extent and location of open spaces and yards required by the ordinance, the location or proposed location of any wells, sewer lines, cesspools, septic tanks, water lines, or other facilities in existence or designed to serve the uses located or to be located upon such premises, and in the case of lands or lots having a surface gradient of more than 5 feet in 100 feet over the proposed location of the proposed building, such topographical information as may be required to determine the location and relative elevation of a proposed building or structure, and such other information as the Building Inspector or City Council may require. The locations of wells, sewer and water lines, cesspools, septic tanks, and such other appurtenances proposed to be placed on the premises shall be subject to the approval of the Building Inspector. The City Council may by resolution waive the requirement of a survey if there are special circumstances or conditions so that the strict application of the provisions of this subsection are not necessary to preserve the public health, safety and general welfare. The Council shall make a finding that the waiver of the survey requirements will not be detrimental to the public welfare. The application for the variance shall be in writing and may be processed by the City Council without processing said variance in accordance with the terms of Section 325 of this Code.
Subd. 3. Minimum Floor Area - Residential Properties. Minimum floor area requirements for residential and commercial properties shall be a set forth in the Zoning Ordinance.
Subd. 4. Plat Plan to Show Location of Garage. Every application for a building permit in the residential or multiple dwelling district shall show on the accompanying plat plat or survey the location of any existing garage or the location of the garage proposed to be constructed by the subject application. If no garage exists and no garage is proposed in the subject application, or if the existing garage is proposed to be removed or demolished and is not to be replaced in the subject application, then the plat plan shall show the location reserved for the construction of any future garage for which subsequent application for a building permit may be made. When locating the future garage site on the plat plan, the Building Inspector and the applicant shall ascertain that the site is accessible to a public street or alley and shall make provisions so that the future garage will comply with the dimensional requirements of the Zoning Code.
Subd. 5. Construction Completion
A. All exterior construction and site grading must be completed in a manner to avoid a public nuisance as defined in City Code Chapter 100.15(a).
B. Construction and grading that has become a public nuisance is subject to abatement under City Code Chapter 100.25. (ORD. 13-2005, 8/21/05)
Subd. 6. Commerical Plumbing Permits. Prior to installation of a system of plumbing other than for single-family dwellings with independent plumbing service, complete plumbing plans and specifications, together with any additional information that the Building Official may require, shall be submitted in triplicate and approved by the Building Official. No construction shall proceed except in accordance with the approved plans. Any alteration or extension of any existing plumbing system shall be subject to these same requirements. (ORD. 18-2006, 10/8/06)
Subd. 7 Electrical Permits.
A. Local Electrical Inspection Program. In accordance with Minnesota Statute Section 326.244, Subdivision 4, the City of Mound hereby establishes a municipal electrical inspection program and transfers electric permitting authority from the State of Minnesota to the City of Mound.
B. Permit Requirements and Process. In accordance with Minnesota State Building Code Chapter 1315, a completed electrical permit application and electrical plans and specifications, together with any additional information that the Mound Building Official may require, shall be submitted in triplicate and approved by the Mound Building Official prior to installation of electrical systems for residential and commercial projects. No construction shall proceed except in accordance with the approved plans. Any alteration or extension of any existing electrical system, when required by the Building Code, shall be subject to these same requirements.
C. Fees. Fees for electrical permits in the City of Mound shall be as established in Section 380 of the City Code.
(ORD. 20-2006, 11/12/06)
300.15 Floodplain Overlay Regulations.
This Subsection was repealed in its entirety by Ordinance No. 06-2004, and replaced with Subsection 300.16 – Floodplain Management
a. Statutory Authorization. The Legislature of the State of Minnesota has, in Minnesota Statutes Chapters 103F and Chapter 462 delegated the authority to local governmental units to adopt regulations designed to minimize flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore the City of Mound, Minnesota does ordain as follows:
b. Statement of Purpose. The purpose of this Ordinance is to maintain the Community's eligibility in the National Flood Insurance Program and to minimize potential losses due to periodic flooding including loss of life, loss of property, health 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.
c. Warning of Disclaimer of Liability. This Ordinance does not imply that areas outside of the flood plain district or land uses permitted within such districts will be free from flooding and flood damages. This Ordinance shall not create liability on the part of the City of Mound or any officer or employee thereof for any flood damages that result from reliance on this Ordinance or any administrative decisions lawfully made thereunder.
d. National Flood Insurance Program Compliance. This Ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the Community’s eligibility in the National Flood Insurance Program.
a.
Adoption of Flood Insurance Study and Flood Insurance Rate Map.
The Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2,
Hennepin County, Minnesota, All Jurisdictions and the Flood Insurance Rate Map
panels numbered
270176 0005B27053C
0283 E,
27053C 0284 E, 27053C 0287 E,
27053C 0291 E, and 27053C 0292 E for the City of Mound, dated
September 2, 2004, as developed by the Federal Emergency
Management Agency, are hereby adopted by reference as the Official Flood Plain
Zoning District Map and made a part of this Ordinance.
b. Lands to Which Ordinance Applies. This Ordinance shall apply to all lands designated as flood plain within the jurisdiction of the City of Mound. Flood plain areas within the City of Mound shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH as shown on the Flood Insurance Rate Map adopted in SUBD. 2 (a) of this Ordinance.
c. Interpretation. The boundaries of the flood plain district shall be determined by scaling distances on the Official Flood Plain Zoning District Map. Where interpretation is needed as to the exact location of the boundaries of the flood plain district, the City of Mound shall make the necessary interpretation based on the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance and the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the community shall: 1) Require a flood plain evaluation consistent with SUBD. 4(c) of this Ordinance to determine a 100-year flood elevation for the site; or 2) base its decision on available hydraulic/hydrologic or site elevation survey data which demonstrates the likelihood the site is within or outside of the flood plain.
d. Definitions. Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Ordinance its most reasonable application.
1) Accessory 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.
2) Basement - means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.
3) Flood Fringe - that portion of the flood plain outside of the floodway.
4) Flood Plain - the channel or beds proper and the areas adjoining a wetland, lake or watercourse that have been or hereafter may be covered by the regional flood. Flood plain areas within City of Mound shall encompass all areas designated as Zone A, Zone AE, Zone AO, or Zone AH on the Flood Insurance Rate Map adopted in Subd. 2(a) of this Ordinance.
5) Floodway - the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain that are reasonably required to carry or store the regional flood discharge and are below the ordinary high water line (OHW).
6) Lowest Floor - the lowest floor of the lowest enclosed area including basements and crawl spaces.
7) Manufactured Home – a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.”
8) Obstruction - any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across, or projecting into any channel, watercourse, lake bed, or regulatory flood plain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.
9) Recreational Vehicle – a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this Ordinance, the term recreational vehicle shall be synonymous with the term travel trailer/travel vehicle.
10) Regional Flood - a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristics of what can be expected to occur on an average frequency in magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used on the Flood Insurance Rate Map.
11) Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. The Regulatory Flood Protection Elevation (in feet) for the following lakes is: Lake Minnetonka 933.0; Dutch Lake 942.0; Lake Langdon 937.0.
12) Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in Subd. 12(a) of this Ordinance and other similar items.
13) Substantial Damage – means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
14) Substantial Improvement – within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
b) Any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.” For the purpose of this Ordinance, “historic structure” shall be as defined in Code of Federal Regulations, Part 59.1.
Subd. 3 Conflict with Pre-Existing Zoning Regulations and General Compliance
a. The Flood Plain District as Overlay Zoning District. The flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations. The uses permitted in Subd. 4 and 5 of this Ordinance shall be permitted only if not prohibited by any established, underlying zoning district. The requirements of this Ordinance shall apply in addition to other legally established regulations of the Community and where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall apply.
b. Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, repaired, maintained, or structurally altered without full compliance with the terms of this Ordinance and other applicable regulations which apply to uses within the jurisdiction of this Ordinance. Within the Floodway and Flood Fringe, all uses not listed as permitted uses in Subd. 4 shall be prohibited. In addition, a caution is provided here that:
1) New manufactured homes, replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Ordinance and specifically Subd. 4 and 12;
2) Modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Ordinance and specifically subd. 9.0; and
3) As-built elevations for elevated structures must be certified by elevation surveys as stated in Subd. 7.0 of this Ordinance.
Subd. 4 Permitted Uses, Standards, and Flood Plain Evaluation Criteria
a. Permitted Uses in the Flood Plain. The following uses of land are permitted uses in the flood plain district:
1) Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.
2) Any use of land involving the construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or storage of materials or equipment, provided these activities are located in the flood fringe portion of the flood plain. These uses shall be subject to the development standards in Subd. 4(b) of this Ordinance and the flood plain evaluation criteria in Subd. 4(c) of this Ordinance for determining floodway and flood fringe boundaries.
3) Recreational vehicles are regulated by Subd. 12 of this Ordinance.
b. Standards for Flood Plain Permitted Uses.
1) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation - FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
2) Storage of Materials and Equipment:
(a) 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.
(b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning or if placed on fill to the regulatory flood protection elevation.
3) No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system.
4) All structures, including accessory structures, additions to existing structures and manufactured homes, shall be constructed so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. A finished fill elevation must be provided on at least one side of the structure, no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15' beyond the limits of the structure constructed thereon. Activities such as the construction of structures and placement of fill within the flood fringe shall result in a no net decrease in 100-year flood storage.
5) Commercial and Manufacturing Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood.
6) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
c. Flood Plain Evaluation
1) Upon receipt of an application for a permit for a use or other approval within the Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the floodway or flood fringe.
(a) A typical valley cross-sections(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information.
(b) Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets.
(c) Photographs showing existing land uses, vegetation upstream and downstream, and soil types.
(d) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development.
2) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:
(a) Estimate the peak discharge of the regional flood.
(b) Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and over-bank areas.
(c) Compute the floodway necessary to convey or store the regional flood without increasing flood stages.
a.
The Zoning Administrator shall present the technical
evaluation and findings of the designated engineer or expert to the Governing
Body. The Governing Body must formally accept the technical evaluation and the
recommended Floodway and/or Flood Fringe District boundary or deny the permit
application. The Governing Body, prior to official action, may submit the
application and all supporting data and analyses to the Federal Emergency
Management Agency, the Department of Natural Resources or the Planning
Commission for review and comment. Once the Floodway and Flood Fringe District
Boundaries have been determined, the Governing Body shall refer the matter back
to the Zoning Administrator who shall process the permit application consistent
with the applicable provisions of this Ordinance.
Subd. 5 Utilities, Railroads, Roads and Bridges in the Flood Plain District
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed in accordance with state flood plain management standards contained in Minnesota Rules 1983 Parts 6120.5000 - 6120.6200.
a. No land shall be subdivided and no manufactured home park shall be developed or expanded where the site is determined to be unsuitable by the City Council for reason of flooding, inadequate drainage, water supply or sewage treatment facilities. The City Council shall review the subdivision/development proposal to insure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems and related activities.
b. In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Subd. 4(c)(1) of this Ordinance. The Building Official shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in Subd. 4(b) and (c) and 5 of this Ordinance.
c. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents.
d. Removal of Special Flood Hazard Area Designation. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested.
a. Permit Required. A Permit issued by the Building Official shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the construction of a dam, fence, or on-site septic system, prior to the change or extension of a nonconforming use, prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source, and prior to the placement of fill, excavation of materials or the storage of materials or equipment within the flood plain.
b. State and Federal Permits. Prior to granting a permit or processing an application for a variance, the Building Official shall determine that the applicant has obtained all necessary state and federal permits.
c. Certification of Lowest Floor Elevations. 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 Ordinance. The Building Official shall maintain a record of the elevation of the lowest floor (including basement) for all new structures and alterations or additions to existing structures in the flood plain district.
d. Notifications for 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 watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 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).
e. Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.
a. A variance means a modification of a specific permitted development standard required in an official control including this Ordinance to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation and this Ordinance.
b. The Board of Adjustment may authorize upon appeal in specific cases such relief or variance from the terms of this Ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties or circumstances unique to the property under consideration, as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this Ordinance, any other zoning regulations of the Community, and the criteria specified in the respective enabling legislation which justified the granting of the variance. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
1) Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
2) Variances shall only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
c. Variances from the provisions of this Ordinance may be authorized where the Board of Adjustment has determined the variance will not be contrary to the public interest and the spirit and intent of this Ordinance. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection then the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.
d. The Board of Adjustment 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 days notice of the hearing. A copy of all decisions granting a variance shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action.
e. Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this Community's Official Controls and also Minnesota Statutes.
f. Flood Insurance Notice and Record Keeping. The zoning administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The City of Mound shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
A structure or the use of a structure or premises which was lawful before the passage or amendment of this Ordinance but which is not in conformity with the provisions of this Ordinance may be continued subject to the following conditions. Historic structures, as defined in Subd. 2(d)(14)(b)is Ordinance, shall be subject to the following provisions:
a. No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity.
b. A structural alteration within the inside dimensions of a nonconforming use or structure is permissible provided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. A structural addition to a structure must be elevated to the regulatory flood protection elevation.
c. The cost of all structural alterations or additions both inside and outside of a structure to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the Community's initial flood plain controls must be calculated into today's current cost which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Subd. 4 of this Ordinance for new structures.
d. If any nonconforming use of a structure or land or nonconforming structure is substantially damaged, as defined by Subd. 2(d)(13) of this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The Building Official may issue a permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Ordinance.
e. If a substantial improvement occurs, as defined in Subd. 2 (d)(14) of this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition (as required by Subd. 9(b) above) and the existing nonconforming building must meet the requirements of Subd. 4 of this Ordinance for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively.
A violation of the provisions of this Ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variance) shall constitute a misdemeanor.
a. In responding to a suspected ordinance violation, the Zoning Administrator and the Community may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The Community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
b. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources' and Federal Emergency Management Agency Regional Office along with the Community's plan of action to correct the violation to the degree possible.
c. The Zoning Administrator shall notify the suspected party of the requirements of this Ordinance and all other Official Controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the Community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after-the-fact permit/development approval within a specified period of time not to exceed 30-days.
d. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also upon the lapse of the specified response period notify the landowner to restore the land to the condition that existed prior to the violation of this Ordinance.
All amendments to this ordinance, including revisions to the Official Flood Plain Zoning District Map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The flood plain designation on the Official Flood Plain Zoning District Map shall not be removed unless the area is filled to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside of the flood plain. Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's (FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10-days written notice of all hearings to consider an amendment to this Ordinance and said notice shall include a draft of the ordinance amendment or technical study under consideration.
Recreational vehicles that do not meet the exemption criteria specified in Subd. 12(a) below shall be subject to the provisions of this Ordinance and as specifically spelled out in Subd. 12(c) and (d) below.
a. Exemption. Recreational vehicles are exempt from the provisions of this Ordinance if they are placed in any of the areas listed in Subd. 12(b) below and further they meet the following criteria:
1) Have current licenses required for highway use.
2) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks and the recreational vehicle has no permanent structural type additions attached to it.
3) The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
b. Areas Exempted For Placement of Recreational Vehicles:
1) Individual lots or parcels of record.
2) Existing commercial recreational vehicle parks or campgrounds.
3) Existing condominium type associations.
c. Recreational vehicles exempted in Subd. 12(a) lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the recreational vehicle or exceeding $500 for an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation requirements and the use of land restrictions specified in Subd. 4 of this Ordinance. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur.
d. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following:
(1) Any new or replacement recreational vehicle will be allowed in the floodway or flood fringe districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of Subd. 4(c) of this Ordinance and proper elevated road access to the site exists in accordance with Subd. 4. of this Ordinance. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100-year or regional flood.
(2) All new or replacement recreational vehicles not meeting the criteria of 12(d)(1) above may, as an alternative, be allowed if in accordance with the following provisions. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered engineer or other qualified individual, shall demonstrate that adequate time and personnel exist to carry out the evacuation, and shall demonstrate that the provisions of Subd. 12(a)(1) and (2) of this Ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding.
Subd. 13 Severability
Every section, provision, or part of this Ordinance is declared severable from every other section, provision, or part thereof to the extent that if any section, provision, or part of this Ordinance be held invalid by a court of competent jurisdiction it shall not invalidate any other section, provision, or part thereof.
(ORD. 06-2004, 7/25/04)
300.20 Building Permits, Fees. Repealed by ORD 10-2004, 10/31/04.
300.25 Moving of Buildings - Permit Required.
Subd. 1. It shall be unlawful for any person, firm, or corporation to move any building or structure into the City from any place outside the City, or wholly within the City of Mound from one lot or parcel to another, or from the City to a point outside the City without first making application to the Building Inspector and securing a permit therefor as hereinafter provided. Upon making application for a permit to move such building, there shall be paid a fee established in accordance with the provisions of Section 500 of the City Code for garages and small out buildings without living quarters and for all other buildings or structures. Said fee shall be refunded if the permit is refused.
(ORD. 01-2001, 2/25/01)
Subd. 2. Permit Requirement, Exception. No moving permit shall be required for the moving of any building or structure smaller in size than the following dimensions; 8 feet high, 10 feet wide, and 15 feet long.
Subd. 3. Conformity of Building or Structure to Building Code Required. Whether or not a permit is required, no building or structure shall be moved to a location within this City unless it conforms to the building, plumbing, heating, electrical and other construction regulations of this City relating to new structures. In addition to conformity with the applicable code or codes, as minimum requirements, all plumbing for such building or structure shall be by a licensed master plumber, and residential buildin