(A) Statutory authorization, findings of fact and purpose.
(1) Statutory authorization. The legislature of the state has, in M.S. Ch. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.
(2) Findings of fact.
(a) General. The flood hazard areas of City are subject to periodic inundation which results in potential loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures or flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(b) Methods used to analyze flood hazards. This section is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the state’s Department of Natural Resources.
(c) National flood insurance program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. parts 59 through 78, as amended, so as to maintain the City’s eligibility in the National Flood Insurance Program.
(3) Statement of purpose. It is the purpose of this section to promote the public health, safety and general welfare and to minimize those losses described in division (A)(2)(a) above by provisions contained herein.
(B) General provisions.
(1) Lands to which chapter applies. This section shall apply to all lands within the jurisdiction of the City shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the Floodway or Flood Fringe Districts. General Floodplain Districts or the area subject to the provisions of division (C)(1)(d) below.
(2) Establishment of official zoning map. The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this section. The attached material shall include the Flood Insurance Study for Rice County, Minnesota, and Incorporated Areas and Flood Insurance Rate Map panels therein numbered 27131C0154D, 27131C0162D, 27131C0165D and 27131C0170D, all dated 4-3-2012, and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of the City Administrator/Clerk/Zoning Administrator.
(3) Interpretation.
(a) In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(b) The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the City adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100-year floodplain, if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board and to submit technical evidence.
(4) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section imposes greater restrictions, the provisions of this section shall prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only.
(5) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within these districts will be free from flooding or flood damages. This section shall not create liability on the part of City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(6) Severability. If any division, clause, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
(7) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
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.
BASEMENT. 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.
CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed, but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or Building Codes and upon a finding that:
1. Certain conditions as detailed in the zoning ordinance exist; and
2. The structure and/or land use conforms to the comprehensive land use plan, if one, and is compatible with the existing neighborhood.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance Study for Rice County, Minnesota, and Incorporated Areas.
FLOOD-PROOFING. A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s LOWEST FLOOR.
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”.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory floodplain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water.
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or human-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a REACH.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal 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 chapter, the term RECREATIONAL VEHICLE shall be synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in a flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. 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 floodplain that result from designation of a floodway.
STRUCTURE. Any thing 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, recreational vehicles not meeting the exemption criteria specified in division (I)(3)(a) below and other similar items.
SUBSTANTIAL DAMAGE. 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% of the market value of the structure before the damage occurred.
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% 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:
1. 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; or
2. 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 chapter, “historic structure” shall be as defined in 44 C.F.R. § 59.1.
VARIANCE. A modification of a specific permitted development standard required in an official control including this chapter 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 City’s respective planning and zoning enabling legislation.
(8) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(2) above may include floodplain areas that lie outside of the corporate boundaries of the City at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City after the date of adoption of this chapter, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the City.
(C) Establishment of zoning districts.
(1) Districts.
(a) Floodway District. The Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(2) above.
(b) Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe. The Flood Fringe District shall include those areas shown on the Flood Insurance Rate Map as adopted in division (B)(2) above.
(c) General Floodplain District. The General Floodplain District shall include those areas designated as Zone A or Zones AE without a floodway on the Flood Insurance Rate Maps adopted in division (B)(2) above.
(d) Restrictions. The following restrictions shall apply to land which is not located within the Floodway District or the Flood Fringe District, as designated on the official zoning map adopted in division (B)(2) above, but are subject to the requirements of the Letter of Map Revision (LOMR), effective on 12-18-2001.
1. No new structure shall be used and no structure shall be located, extended, converted or structurally altered within the following described area, unless the lowest floor level is at an elevation of at least 924.5 feet (NGVD1929): the Dundas Commercial Park Second Addition, lying south of Hester Street.
2. No new structure shall be used and no structure shall be located, extended, converted or structurally altered within the following described area, unless the lowest floor level is at a minimum elevation of 922.0 feet (NGVD1929): all that part of the Dundas Commercial Park Addition lying north of Hester Street; Lots 1 through 16, Block 5, Dundas 1st Addition; and that land lying westerly of the Dundas Commercial Park Addition identified as tax Parcel 1711350004 (aka Schilling Park).
3. All structures constructed in the areas described in divisions (C)(1)(d)1. and (C)(1)(d)2. above shall be subject to “as-built” requirements of this chapter set forth in divisions (C)(2)(c) and (J)(2) below.
(2) Compliance. No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.
Within the Floodway and Flood Fringe and General Floodplain Districts, all uses not listed as permitted uses or conditional uses in divisions (D), (E) and (F) below that follow, respectively, shall be prohibited. In addition, a caution is provided here that:
(a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this chapter and, specifically, division (I) below;
(b) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing non-conforming structures and non-conforming uses of structures or land are regulated by the general provisions of this chapter and specifically division (K) below; and
(c) As-built elevations for elevated or flood-proofed structures must be certified by ground surveys and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this chapter and specifically as stated in division (J) below.
(D) Floodway District (FW).
(1) Permitted uses:
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting;
(b) Industrial-commercial loading areas, parking areas and airport landing strips;
(c) Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas and single- or multiple-purpose recreational trails; and
(d) Residential lawns, gardens, parking areas and play areas.
(2) Standards for floodway permitted uses:
(a) The use shall have a low flood damage potential;
(b) The use shall be permissible in the underlying zoning district if one exists; and
(c) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(3) Conditional uses:
(a) Structures accessory to the uses listed in division (D)(1) above and the uses listed in divisions (D)(3)(b) through (D)(3)(h) below;
(b) Extraction and storage of sand, gravel and other materials;
(c) Marinas, boat rentals, docks, piers, wharves and water control structures;
(d) Railroads, streets, bridges, utility transmission lines and pipelines;
(e) Storage yards for equipment, machinery or materials;
(f) Placement of fill or construction of fences;
(g) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of division (I)(3) below; and
(h) Structural works for flood control such as levees, dikes and floodwalls constructed to any height where the intent is to protect individual structures and levees or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses:
(a) No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials or equipment or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected;
(b) All floodway conditional uses shall be subject to the procedures and standards contained in division (J)(4) below;
(c) The conditional use shall be permissible in the underlying zoning district if one exists;
(d) 1. Fill, dredge spoil and all other similar materials deposited or stored in the floodplain shall be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan.
3. As an alternative, and consistent with division (D)(4)(d)2. above, dredge spoil disposal, and sand and gravel operations may allow temporary, on-site storage of fill or other material which would have caused an increase to the stage of the 100-year or regional flood, but only after the City has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the County Recorder.
(e) Accessory structures:
1. Accessory structures shall not be designed for human habitation;
2. Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters;
a. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow; and
b. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures.
3. Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 flood-proofing classifications in the state’s Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the state’s Building Code; provided, the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size at its largest projection, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards, as appropriate.
a. The structure must be adequately anchored to prevent flotation, collapse or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls.
b. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed.
c. To allow for the equalization of hydrostatic pressure, there must be a minimum of two “automatic” openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings.
(f) 1. 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.
2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City.
(g) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters shall be subject to the provisions of M.S. Ch. 103G, as it may be amended from time to time. City-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway; and
(h) A levee, dike or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood and the technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(E) Flood Fringe District (FF).
(1) Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing, underlying zoning use districts exist, then any residential or non-residential structure or use of a structure of land shall be a permitted use in the Flood Fringe District; provided, the use does not constitute a public nuisance. All permitted uses shall comply with the standards for Flood Fringe permitted uses listed in division (E)(2) below and the standards for all Flood Fringe permitted and conditional uses listed in division (E)(5) below.
(2) Standards for flood fringe permitted uses:
(a) All structures, including accessory structures, must be elevated on fill so that the lowest floor including basement floor is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at an elevation at least 15 feet beyond the outside limits of the structure erected thereon;
(b) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood-proofed in accordance with division (D)(4)(e)3. above;
(c) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation; and
(d) The provisions of division (E)(5) below shall apply.
(3) Conditional uses: any structure that is not elevated on fill or flood-proofed in accordance with divisions (E)(1) and (E)(2) above or any use of land that does not comply with the standards of divisions (E)(2)(c) and (E)(2)(d) above shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in divisions (E)(4), (E)(5) and (J)(5) below.
(4) Standards for flood fringe conditional uses:
(a) 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure’s lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls and the like or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure’s basement or lowest floor if:
a. The enclosed area is above-grade on at least one side of the structure;
b. It is designed to internally flood and is constructed with flood resistant materials; and
c. It is used solely for parking of vehicles, building access or storage.
2. The above-noted alternative elevation methods are subject to the following additional standards.
a. Design and certification. The structure’s design and as-built condition must be certified by a licensed professional engineer or architect as being in compliance with the general design standards of the state’s Building Code and specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment, and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding.
b. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate:
i. The minimum area of openings in the walls where internal flooding is to be used as a flood-proofing technique. There shall be a minimum of two openings on at least two side of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net areas of not less than one square inch for every square foot of enclosed area subject to flooding unless a licensed professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and
ii. The enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the state’s Building Code and shall be used solely for building access, parking of vehicles or storage.
(b) Basements, as defined by division (B)(8) above, shall be subject to the following.
1. Residential basement construction shall not be allowed below the regulatory flood protection elevation.
2. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood-proofed in accordance with division (E)(4)(c) below.
(c) All areas of non-residential structures including basements to be placed below the regulatory flood protection elevation shall be flood-proofed in accordance with the structurally dry flood-proofing classifications in the state’s Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the state’s Building Code and this shall require making the structure water-tight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood-proofed to the FP-3 or FP-4 classification shall not be permitted;
(d) 1. 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; and
2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the City.
(e) The provisions of division (E)(5) below shall also apply.
(5) (a) 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 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 upon occurrence of the regional flood.
(b) Measures shall be taken to minimize interference with normal plant operations especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in division (E)(5)(a) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in floodplain areas.
(c) 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.
(d) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map.
(e) Standards for recreational vehicles are contained in division (I)(3) below.
(f) 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.
(F) General Floodplain District.
(1) Permitted uses:
(a) The uses listed in division (D)(1) above shall be permitted uses; and
(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (F)(3) below. Division (D) above shall apply if the proposed use is in the Floodway District and division (E) above shall apply if the proposed use is in the Flood Fringe District.
(2) Procedures for floodway and flood fringe determinations within the General Floodplain District:
(a) Upon receipt of an application for a permit or other approval within the General Floodplain 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 District:
1. A typical valley cross-section(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;
2. 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;
3. Photographs showing existing land uses, vegetation upstream and downstream and soil types; and
4. 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.
(b) 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 District and to determine the regulatory flood protection elevation. Procedures consistent with Minn. Rules, 1983, parts 6120.5000 through 6120.6200 and 44 C.F.R. 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:
1. Estimate the peak discharge of the regional flood;
2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas; and
3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half foot. A lesser stage increase than one-half foot shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries.
(c) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the City. The City must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The City, 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 divisions (D) and (E) above.
(1) Review criteria. No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this chapter and have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the floodplain, 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.
(2) Floodway/flood fringe determination in the General Floodplain District. Where applicable as determined by the Zoning Administrator, in the General Floodplain District, applicants shall provide the information required in division (F)(2) above to determine the 100-year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(3) 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.
(H) Public utilities, railroads, roads and bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer and water supply systems to be located in the floodplain shall be flood-proofed in accordance with the state’s Building Code or elevated to above the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads and bridges to be located within the floodplain shall comply with divisions (D) and (E) above. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where the facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(3) On-site sewage treatment and water supply systems. These systems are not permitted by the City.
(I) Manufactured homes and manufactured home parks and placement of travel trailers and travel vehicles.
(1) New manufactured home parks and expansion to existing manufactured home parks shall be subject to the provisions placed on subdivisions by division (G) above.
(2) (a) The replacement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in floodplain districts will be treated as a new structure and may be placed only if elevated in compliance with division (E) above.
(b) 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.
(3) Recreational vehicles that do not meet the exemption criteria specified in division (I)(3)(a) below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (I)(3)(c) and (I)(3)(d) below.
(a) Exemption. Travel trailers and travel vehicles are exempt from the provisions of this chapter if they are placed in any of the areas listed in division (I)(3)(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 parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; and
3. The recreational vehicle and associated use must be permissible in any preexisting, underlying zoning use district.
(b) Areas exempted for placement of travel/recreational vehicles.
1. Individual lots or parcels of record;
2. Existing commercial recreational vehicle parks or campgrounds; and
3. Existing condominium type associations.
(c) Recreational vehicles. Recreational vehicles exempted in division (I)(3)(a) above 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/flood-proofing requirements and the use of land restrictions specified in divisions (D) and (E) above. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood-free location should flooding occur.
(d) New recreational vehicle parks, campgrounds. New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations are not permitted.
(J) Administration.
(1) Zoning Administrator. A Zoning Administrator designated by the governing body shall administer and enforce this chapter. If the Zoning Administrator finds a violation of the provisions of this chapter, the Zoning Administrator shall notify the person responsible for the violation in accordance with the procedures stated in division (L) below.
(2) Permit requirements.
(a) Permit required. A permit issued by the Zoning Administrator in conformity with the provisions of this chapter shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, 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 non-conforming 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 floodplain.
(b) Application for permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following, where applicable: plans in duplicate drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill or storage of materials; and the location of the foregoing in relation to the stream channel.
(c) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
(d) Certificate of zoning compliance for a new, altered or non-conforming use. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
(e) Construction and use to be as provided on applications, plans, permits, variances and certificates of zoning compliance. Permits, conditional use permits or certificates of zoning compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in the approved plans and applications, and no other use, arrangement or construction. Any use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter and punishable as provided by division (L) below.
(f) Certification. The applicant shall be required to submit certification by a licensed professional engineer, licensed architect or licensed land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood-proofing measures shall be certified by a licensed professional engineer or licensed architect.
(g) Record of first floor elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood-proofed.
(h) Notification 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 City 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 M.S. Ch. 103G, as it may be amended from time to time, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of the notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(i) 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 the supporting information becomes available, the Zoning Administrator shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the technical or scientific data.
(3) Board of Adjustment.
(a) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on the boards by state law.
(b) Administrative review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this chapter.
(c) Variances. The Board may authorize, upon appeal in specific cases, the relief or variance from the terms of this chapter 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 the variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in this chapter, any other zoning regulations in the City, and in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied.
1. Variances shall not be issued by a City 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 City upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. 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.
(d) Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board of Adjustment shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing.
(e) Decisions. The Board shall arrive at a decision on such appeal or variance within 45 days. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing, setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in division (J)(4)(f) below, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under division (L) below. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
(f) Appeals. Appeals from any decision of the Board may be made, and as specified in this community’s official controls and also state statutes.
(g) 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. The construction below the 100-year or regional flood level increases risks to life and property. The notification shall be maintained with a record of all variance actions. The City shall maintain a record of all variance actions, including justification for their issuance, and report the variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(4) Conditional uses. The Planning Commission shall hear and decide applications for conditional uses permissible under this chapter. Applications shall be submitted to the Zoning Administrator who shall forward the application and Planning Commission recommendation to the City Council for final consideration.
(a) Hearings. Upon filing with the Zoning Administrator, an application for a conditional use permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing before the Planning Commission.
(b) Decisions. The City Council shall arrive at a decision on a conditional use within 30 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, in addition to those specified in division (J)(4)(f) below which are in conformity with the purposes of this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this section punishable under division (L) below. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten days of the action.
(c) Procedures to be followed by the City Council in passing on conditional use permit applications within all floodplain districts.
1. Require the applicant to furnish such of the following information and additional information as deemed necessary by the Zoning Administrator for determining the suitability of the particular site for the proposed use:
a. Plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures and the relationship of the above to the location of the stream channel; and
b. Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities.
2. Transmit one copy of the information described in division (J)(4)(a)1. above to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection and other technical matters; and
3. Based upon the technical evaluation of the designated engineer or expert, the Planning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard.
(d) Factors upon which the Planning Commission recommendations, then the decision of the City Council shall be based. In considering conditional use applications, the Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter, and:
1. The danger to life and property due to increased flood heights of velocities caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the injury of others, or they may block bridges, culverts or other hydraulic structures;
3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner;
5. The importance of the services provided by the proposed facility to the City;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the proposed use;
8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
9. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
10. The safety of access to the property in times of flood for ordinary and emergency vehicles;
11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
12. Other factors which are relevant to the purposes of this chapter.
(e) Conditions attached to conditional use permits. Upon consideration of the factors listed above and the purpose of this chapter, the City Council shall attach the conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. The conditions may include, but are not limited to, the following:
1. Modification of waste treatment and water supply facilities;
2. Limitations on period of use, occupancy and operation;
3. Imposition of operational controls, sureties and deed restrictions;
4. Requirements for construction of channel modifications, compensatory storage, dikes, levees and other protective measures; and
5. Flood-proofing measures, in accordance with the state’s Building Code and this chapter. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
(K) Non-conforming uses.
(1) A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions.
(2) Historic structures, as defined in division (B)(8) above, shall be subject to the provisions of division (K)(2)(a) through (K)(2)(e) below.
(a) No such use shall be expanded, changed, enlarged or altered in a way that increases its non-conformity.
(b) Any structural alteration or addition to a non-conforming structure or non-conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 through FP-4 flood-proofing classifications) allowable in the state’s Building Code, except as further restricted for substantial improvements in division (K)(2)(e) below.
(c) If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter.
(d) If any non-conforming use or structure is substantially damaged, as defined in division (B)(8) above, it shall not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in divisions (D) and (E) above will apply depending upon whether the use or structure is in the Floodway or Flood Fringe District, respectively.
(e) If a substantial improvement occurs, as defined in division (B)(8) above, 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 non-conforming building, then the building addition and the existing non-conforming building must meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If a substantial improvement occurs only from a building addition, then the building addition must meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures and the existing structure must also meet the elevation on fill or FP-1 or FP-2 dry flood-proofing requirements of divisions (D) or (E) above for new structures if any alteration is made to the common wall in excess of installing a standard doorway.
(L) Penalties for violation.
(1) Violations of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law.
(2) Nothing herein contained shall prevent the City from taking other lawful action as is necessary to prevent or remedy any violation. Such actions may include, but are not limited to:
(a) In responding to a suspected ordinance violation, the Zoning Administrator and City 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 City 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 City’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 section 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 City. 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 chapter 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 which existed prior to the violation of this chapter.
(M) Amendments.
(1) The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error, or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he or she determines that, through other measures, lands are adequately protected for the intended use.
(2) All amendments to this chapter, including amendments to the official zoning map as they relate to the provisions of this chapter, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. 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 ten days’ written notice of all hearings to consider an amendment to this chapter and said notice shall include a draft of the ordinance amendment or technical study under consideration.
(Ord. passed 3-20-2002, § 18)