(A) Statutory authorization.
(B) This floodplain ordinance is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F; Minn. Rules, Parts 6120.5000 – 6120.6200; the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78; and the planning and zoning enabling legislation in M.S. Chapter 462.
(C) Purpose.
(1) This part regulates development in the flood hazard areas of the city. The flood hazard areas of the city are subject to periodic inundation that results in potential loss of life, 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.
(2) This part is adopted to maintain the community's eligibility in the National Flood Insurance Program.
(3) This part is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits, and enhance community and economic development.
(D) Lands to which this part applies. This part 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, Flood Fringe, or General Floodplain Overlay Districts.
(E) Establishment of Official Zoning Map.
(1) The Official Zoning Map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this part.
(2) The attached material shall include the Flood Insurance Study, Chisago County, Minnesota and Incorporated Areas dated 4/17/12, Flood Insurance Rate Map panels therein numbered 27025C0275D, 27025C0288D, 27025C0289D, 27025C0290D and 27025C0380D, all dated April 17, 2012, and prepared by the Federal Emergency Management Agency.
(3) The official zoning map shall be on file in the Office of the County Auditor and the Zoning Administrator.
(F) 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 floodplain that result from designation of a floodway.
(G) Interpretation.
(1) The Floodway, Flood Fringe, and General Floodplain Overlay Districts are overlay districts superimposed over existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards shall apply.
(2) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the regional flood elevations shall be the governing factor in locating the outer boundaries of the regional flood floodplain.
(3) The regulatory limits of the district boundaries shall be further extended outward based on the horizontal extension of the regulatory flood protection elevation.
(4) Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the City Council and to submit technical evidence.
(H) Abrogation and greater restrictions. It is not intended by this part to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this part imposes greater restrictions, the provisions of this part shall prevail. All other ordinances inconsistent with this part are hereby repealed to the extent of the inconsistency only.
(I) Warning and disclaimer of liability. This part does not imply that areas outside the Floodplain Overlay Districts or land uses permitted within the districts will be free from flooding or flood damages. This part shall not create liability on the part of the city, or any officer or employee thereof, for any flood damages that result from reliance on this part or any administrative decision lawfully made thereunder.
(J) Severability. If any section, clause, provision, or portion of this part is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this part shall not be affected thereby.
(L) Annexations. The flood insurance rate map panels adopted by reference may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this part. If any of these floodplain land areas are annexed into the city after the date of adoption of this part, the newly annexed floodplain lands shall be subject to the provisions of this part immediately upon the date of annexation into the city.
(M) Establishment of districts.
(1) Districts.
(a) Floodway Overlay District. Those areas within Zone AE delineated within floodway areas as shown on the flood insurance rate maps and flood boundary and floodway maps adopted in this section that were determined to be located in the floodway based on delineation methods outlined in § 151.03.34(B).
(b) Flood Fringe Overlay District. Those areas within Zone AE as shown on the flood insurance rate map and flood boundary and floodway maps adopted in this section, but located outside of the floodway based on the delineation methods outlined in § 151.03.34(B). This district also includes any additional area encompassed by the horizontal extension of the regulatory flood protection elevation, as specified in subsection (G)(3) of this section.
(c) General Floodplain Overlay District. Those areas within Zone AE that do not have a floodway delineated as shown on the flood insurance rate maps adopted in this section. This district also includes any additional area encompassed by the horizontal extension of the regulatory flood protection elevation, as specified in subsection (G)(3) of this section.
(2) General requirements.
(a) A permit shall be obtained from the Zoning Administrator to verify if a development meets all applicable standards outlined in this part prior to conducting the following activities:
1. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in Chapter 154 Definitions.
2. The construction of a dam, on-site septic system, or any fence not meeting the definition of an agricultural fence defined in Chapter 154 Definitions.
3. The change or extension of a nonconforming use.
4. The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
5. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
6. Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained by the Department of Natural Resources.
7. Any other type of “development” as defined in this chapter.
(b) Minimum development standards. All new development must be:
1. Designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
2. Constructed with materials and equipment resistant to flood damage;
3. Constructed by methods and practices that minimize flood damage;
4. Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
5. Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area; and
6. Assured to provide adequate drainage to reduce exposure to flood hazards, and not be detrimental to uses in adjoining areas.
7. 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.
(c) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(d) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in M.S. § 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.
(e) Critical facilities, as defined in Chapter 154 Definitions, are to be located so that the lowest floor is not less than two feet above the regional flood elevation, or the 0.2% annual chance flood elevation, whichever is higher.
(Ord. 20220120-01, passed 1-20-22)