(A) Statutory authorization, findings of fact and purpose.
(1) Statutory authorization. The State Legislature has, in M.S.§ 103F.101 and M.S. §§ 394.21 through 394.37, as they may be amended from time to time, delegated the authority to local governmental units to adopt regulations designed to minimize flood losses, state statutes. M.S.§ 103F.101, as it may be amended from time to time, further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program.
(2) Statement of purpose. The purpose of this section is to maintain the city’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.
(3) Warning of disclaimer of liability. This section does not imply that areas outside of the floodplain district or land uses permitted within such districts will be free from flooding and flood damages. This section 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 section or any administrative decisions lawfully made thereunder.
(B) General provisions.
(1) Adoption of flood insurance rate map. The flood insurance rate map for the city, dated July 17, 1986, developed by the Federal Emergency Management Agency, is hereby adopted by reference as the official floodplain zoning district map and made a part of this section.
(2) Land to which floodplain district applies. This section shall apply to all lands designated as floodplain within the jurisdiction of the city.
(3) Interpretation.
(a) The boundaries of the floodplain district shall be determined by scaling distances on the official floodplain zoning district map. Where interpretation is needed as to the exact location of the boundaries of the floodplain district, the Planning and Zoning Director shall make the necessary interpretation based on elevations on the regional 100-year flood profile, if available.
(b) If 100-year flood elevations are not available, the city shall:
1. Require a floodplain evaluation consistent with the requirements of this section 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 floodplain.
(4) Definitions. For the purpose of this section, the following definitions shall 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.
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
FLOODPLAIN. The channel or beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOODPLAIN areas within the city shall encompass all areas designated as Zone A on the flood insurance rate map.
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.
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 floodplain which may impede, retard, or change the direction of flow, either in itself or by catching or collecting debris carried by floodwater.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic 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 in the flood insurance rate map.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation caused by encroachments on the floodplain that result from designation of a floodway.
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 division (L)(1) below, and other similar items.
(C) Conflict with pre-existing zoning regulations and general compliance.
(1) The Floodplain District as overlay zoning district. The floodplain zoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The uses permitted in divisions (D) and (E) below shall be permitted only if not prohibited by any established, underlying zoning district.
(2) Compliance.
(a) No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this section and other applicable regulations which apply to uses within the jurisdiction of this section. Within the floodway and flood fringe, all uses not listed as permitted uses in division (D) below shall be prohibited.
(b) In addition, a caution is provided here that:
1. New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this section and specifically in divisions (D) and (L) below;
2. Modifications, 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 section and specifically in division (I) below; and
3. As-built elevations for elevated structures must be certified by ground surveys as stated in division (G) below.
(D) Permitted uses. Standards, and floodplain evaluation criteria.
(1) Permitted uses in the floodplain. The following uses of land are permitted uses in the floodplain district:
(a) Any use of land which does not involve a structure, an addition to the outside dimensions to an existing structure, or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment;
(b) Any use of land involving the construction of new structures, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure or obstructions, such as fill or storage of materials or equipment, provided, these activities are located in the flood fringe portion of the floodplain. These uses shall be subject to the development standards in division (D)(2) below and the floodplain evaluation criteria in division (D)(3) below for determining floodway and flood fringe boundaries; and
(c) Travel trailers and travel vehicles are requested by division (L) below.
(2) Standards for floodplain permitted uses.
(a) Fill. 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.
(b) Storage of materials and equipment.
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 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 on fill so that the basement floor, or first floor if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation must be no lower than one foot below the regulatory flood protection elevation and shall extend at such elevation at least 15 feet beyond the limits of the structure constructed thereon.
5. Uses that do not have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation to lands outside of the floodplain shall not be permitted unless granted a variance by the Planning Commission. In granting a variance, the Commission shall specify limitations on the period of use or occupancy of the use and only after determining the adequate flood warning time and local emergency response and recovery procedures exist.
6. 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 greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
7. Where public utilities are not provided:
a. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and
b. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state’s current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this division (D).
8. 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) Floodplain evaluation.
(a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the floodplain district, the Planning and Zoning Director shall require the applicant to furnish sufficient site development plans and a hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development and whether the proposed use is located in the floodway or flood fringe and the regulatory flood protection elevation for the site. Procedures consistent with Minn. Rules pts. 6120.5600 (Technical Standards and Requirements for Floodplain Evaluation) and Minn. Rules pt. 6120.5700 (State Floodplain Management Standards for Local Ordinances) shall be followed during the technical evaluation and review of the development proposal.
(b) The Planning and Zoning Director shall submit one copy of all information required by division (D)(3)(a) above to the respective Department of Natural Resources’ Area Hydrologist for review and comment at least 20 days prior to the granting of a permit or manufactured home park development/subdivision approval by the city. The Planning and Zoning Director shall notify the respective Department of Natural Resources Area Hydrologist within ten days after a permit or manufactured home park development/subdivision approval is granted.
(E) Utilities, railroads, roads, and bridges in the floodplain district. All utilities and transportation facilities, including railroad tracks, roads, and bridges, shall be constructed in accordance with state floodplain management standards contained in Minn. Rules 1983 pts. 6120.5000 through 6120.6200.
(F) Subdivisions.
(1) 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 Planning Commission for reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. The Planning Commission shall review the subdivision/development proposal to ensure that each lot or parcel contains sufficient area outside of the floodway for fill placement for elevating structures, sewage systems, and related activities.
(2) In the Floodplain District, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in division (D)(3)(a) above. The Planning and Zoning Director shall evaluate the proposed subdivision or mobile home park development in accordance with the standards established in divisions (D)(2), (D)(3), and (E) above.
(3) 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.
(4) The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated to 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 or a change of special flood hazard area designation will be requested.
(5) This division (F) is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary floodplain management provisions.
(G) Administration.
(1) Permit required. A permit issued by the Planning and Zoning Director shall be secured prior to the construction, addition, or alteration of any building or structure; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a nonconforming use; and prior to the excavation or the placement of an obstruction within the floodplain.
(2) State and federal permits. Prior to granting a permit or processing an application for a variance, the Planning and Zoning Director shall determine that the applicant has obtained all necessary state and federal permits.
(3) Certification of first 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 section. The Planning and Zoning Director 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 floodplain district.
(H) Variances.
(1) A variance means a modification of a specific permitted development standard required in an official control including this section 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 circumstances as defined and elaborated upon in a city’s respective planning and zoning enabling legislation.
(2) The Planning Commission may authorize upon appeal in specific cases such relief or variance from the terms of this section 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 Planning Commission shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance.
(3) Variances from the provisions of this section may be authorized where the Planning Commission has determined the variance will not be contrary to the public interest and the spirit and intent of this section. No variance shall allow in any district a use prohibited in that district or permit a lower degree of flood protection than the regulatory flood protection elevation. Variances may be used to modify permissible methods of flood protection.
(4) The Planning and Zoning Department 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 days of such action.
(5) Appeals from any decision of the Planning Commission may be made and as specified in the city’s Official Controls and also in state statutes.
(6) (a) The Planning and Zoning Director 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.
(b) The city 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.
(I) Nonconformities. A structure or the use of a structure or premises which was lawful before the effective date of this section, but which is not in conformity with the provisions of this section may be continued subject to the following conditions:
(1) No such use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity;
(2) An alteration within the inside dimensions of a nonconforming use or structure is permissible, provided, it will not result in increasing the flood damage potential of that use or structure;
(3) 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% of the market value of the structure unless the conditions of this division (I)(3) are satisfied. The cost of all structural alterations and additions constructed since the adoption of the city’s initial floodplain 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% of the current market value of the structure, then the structure must meet the standards of division (D) above for new structures; or
(4) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of 50% or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this section. The Planning and Zoning Director 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 section.
(J) Unlawful acts. Violation 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) is unlawful.
(1) In responding to a suspected violation of this code of ordinances, the Planning and Zoning Director and the Council 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 violations of this code of ordinances to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(2) When a violation of this code of ordinances is either discovered by or brought to the attention of the Planning and Zoning Director, the Planning and Zoning Director 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.
(3) (a) The Planning and Zoning Director 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 Planning and Zoning Director may order the construction or development immediately halted until a proper permit or approval is granted by the city.
(b) If the construction or development is already completed, then the Planning and 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.
(4) If the responsible party does not appropriately respond to the Planning and Zoning Director within the specified period of time, each additional day that lapses shall constitute an additional violation of this section and shall be prosecuted accordingly. The Planning and Zoning Director 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 section.
(K) Amendments. All amendments to this section, including revisions to the official floodplain zoning district map, shall be submitted to and approved by the Commissioner of Natural Resources prior to adoption. The floodplain designation on the official floodplain 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 floodplain. 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 section and said notice shall include a draft of the ordinance amendment or technical study under consideration.
(L) Travel trailers and travel vehicles. Travel trailers and travel vehicles that do not meet the exemption criteria specified in division (L)(1) below, shall be subject to the provisions of this section and as specifically spelled out in divisions (L)(3) and (L)(4) below.
(1) Exemptions. Travel trailers and travel vehicles are exempt from the provisions of this section if they are placed in any of the areas listed in division (L)(2) below, and further they meet the following criteria:
(a) Have current licenses required for highway use;
(b) 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 trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; or
(c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
(2) Areas exempted for placement of travel/recreational vehicles. Areas exempted for placement of travel/recreational vehicles are as follows:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(3) Loss of exemption. Travel trailers and travel vehicles exempted in division (L)(1) above, lose this exemption when development occurs on the parcel exceeding $500 for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel 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 division (D) above.
(4) Floodplain conditions. Travel trailers/travel vehicles (including replacements and new commercial type uses and residential type subdivisions) are not permissible in the floodplain.
(5) New commercial travel trailer, travel vehicle parks, and the like. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five units or dwelling sites shall be subject to the following.
(a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts, provided, said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation determined in accordance with the provisions of division (D)(3) above and proper elevated road access to the site exists in accordance with division (D) above. No fill placed in the floodway to meet the requirements of this division (L)(5) shall increase flood stages of the 100-year or regional flood.
(b) All new or replacement travel trailers or travel vehicles not meeting the criteria of division (L)(5)(a) 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 and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with division (D) above.
(2006 Code, § 11.10) (Ord. 83, 3rd Series, passed 8-31-1990)