(A)   Lands to which chapter applies. This chapter applies to all lands within the jurisdiction of the City of Winnebago shown on the Flood Insurance Rate Maps adopted in division (B) of this section as being located within the boundaries of the Floodplain District. The Floodplain District is an overlay district that is superimposed on all 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 will apply.
   (B)   Incorporation of maps by reference.
      (1)   The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this chapter:
         (a)   Flood Insurance Study for Faribault County, Minnesota and Incorporated Areas (dated 11/17/1981).
         (b)   Flood Insurance Rate Map panels enumerated below:
            1.   Faribault County Panel 2706690175B, effective 05/17/1982;
            2.   Faribault County Panel 2706690160B, effective 05/17/1982.
         (c)   Flood Boundary and Floodway Map panel enumerated below:
            1.   Faribault County Panel 2706690160, effective 05/17/1982.
      (2)   These materials are on file in the Winnebago Municipal Center.
   (C)   Interpretation. The boundaries of the Floodplain District are determined by scaling distances on the Flood Insurance Rate Map.
      (1)   Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations must be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
      (2)   Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence.
   (D)   Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
   (E)   Warning and disclaimer of liability. This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the City of Winnebago or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
   (F)   Severability. If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
   (G)   Definitions. Unless specifically defined below, words or phrases used in this chapter must be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
      BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
      BASE FLOOD ELEVATION. The elevation of the REGIONAL FLOOD, as defined. The term BASE FLOOD ELEVATION is used in the flood insurance survey.
      DEVELOPMENT. Any man-made change to improved or unimproved real estate including, but not limited to, buildings, manufactured homes, and other structures, recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of materials or equipment.
      FARM FENCE. A fence as defined by M.S. § 344.02 Subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are not permitted in the Floodplain District.
      FLOOD FRINGE. The portion of the floodplain located outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the Flood Insurance Study, LeSueur County, Minnesota and Incorporated Areas.
      FLOOD INSURANCE RATE MAP. An official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a DIGITAL FLOOD INSURANCE RATE MAP (DFIRM).
      FLOODPLAIN. The areas adjoining a 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.
      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 (with the exception of farm fences), 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 such water.
      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 is synonymous with the term “travel trailer/travel vehicle”.
      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 the magnitude of the 1% chance/100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the 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. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, 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:
         (a)    Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
         (b)   Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” For the purpose of this chapter, “historic structure” is as defined in 44 Code of Federal Regulations, Part 59.1.
   (H)   Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B) of this section may include floodplain areas that lie outside of the corporate boundaries of the City of Winnebago at the time of adoption of this chapter. If any of these floodplain areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation.
(Ord. 155-2019, passed - -19)