(A) Authorization, findings and purpose.
(1) The legislature of the state has, in M.S. §§ 103F.101 through 103F.165 and M.S. Ch. 394, as they may be amended from time to time delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the following regulations are incorporated into this chapter.
(2) The flood hazard areas of the county are subject to periodic inundation which results in potential 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. This chapter 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.
(3) The standards in this district have been developed from the “Sample Three District Floodplain Management Ordinance - One Map Format” promulgated by the Department of Natural Resources. Changes have been made to adjust the model to fit within this chapter, but in no case have provisions been made less strict than the sample ordinance.
(4) The Floodplain Overlay District shall apply in addition to all standards within the primary zoning district and applicable shoreland regulations. In case of conflict between any such standards, the most restrictive shall apply. The Floodplain Overlay District shall be comprised of three areas as specified in divisions (C), (D) and (E) below.
(B) General provisions.
(1) Application. The Floodplain Overlay District shall apply to all lands within the jurisdiction of the county shown on the zoning map and/or attachments thereto as being located within the boundaries of the floodway, flood fringe or general floodplain areas.
(a) District Map. The zoning map is hereby amended to include the Flood Insurance Study for Wright County, Minnesota - Unincorporated Areas, prepared by the Federal Insurance Administration dated 8-18-1992 and the Flood Insurance Range Maps dated 8-8-1992, as they may be updated and amended. These maps shall be on file in the offices of the County Auditor/Treasurer and Zoning Administrator.
(b) Interpretation.
1. The provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the zoning areas 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 and other available technical data.
2. 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.
(2) Abrogation and greater restrictions. It is not intended by these regulations to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(3) 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 shall not create liability on the part of the county or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(4) 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 chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. Within the floodway, flood fringe and general floodplain areas, all uses not listed as permitted, interim, or conditional uses in divisions (C), (D) and (E) below shall be prohibited.
(b) New and replacement manufactured homes and mobile homes, as defined by this chapter, and certain travel trailers are subject to the special provisions in division (H) below.
(c) Modifications, additions, structural alterations 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 § 155.008 of this chapter.
(d) 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 (I) below.
(C) Floodway area.
(1) Floodway area. The floodway area shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(1) above.
(2) Permitted uses. Shall have a low flood damage potential, be permitted in the primary zoning district and not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, 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.
(3) Conditional and interim uses.
(a) Conditional uses.
1. Structures accessory to the uses listed in division (C)(2) above and the uses listed below;
2. Marinas, boat rentals, docks, piers, wharves and water control structures;
3. Railroads, streets, bridges, utility transmission lines and pipelines;
4. Placement of fill;
5. Travel trailers and travel 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 § 155.056(H); and
6. Structural works for flood control such as levees, dikes and flood walls 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.
(b) Interim uses.
1. Extraction and storage of sand, gravel and other material;
2. Storage yards for equipment, machinery or materials;
(4) Standards for floodway conditional and interim uses.
(a) All uses. 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 or interim 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) Conditional and interim uses. All floodway conditional and interim uses shall be subject to the procedures and standards contained in division (I)(6) below.
(c) Fill.
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 (C)(4)(c)2. above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available.
(d) 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. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and 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 Minnesota State Building Code. As an alternative, an accessory structure may be flood-proofed to the FP-3 or FP-4 flood-proofing classification in the Minnesota State Building Code; provided, the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, 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.
(e) 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 and in accordance with a plan approved by the governing body.
(f) Structural works. 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. § 103F.205, as it may be amended from time to time. Community-wide structural works for flood control intended to remove areas from the regulatory floodplain shall not be allowed in the floodway.
(g) Increase to flood. A levee, dike or flood wall 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.
(D) Flood fringe area.
(1) Flood fringe area. The flood fringe shall include those areas designated as floodway fringe. The flood fringe shall constitute those areas shown on the Flood Insurance Rate Map as adopted in division (B)(1) above as being within Zone AE, but being located outside of the floodway.
(2) Permitted uses. Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning district(s). All permitted uses shall comply with the standards for all flood fringe permitted, interim and conditional uses listed herein.
(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 such 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 for the outside dimension at ground level may be internally flood-proofed in accordance with division (C)(4)(d)2. above.
(c) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation.
(3) Conditional and interim uses. Conditional and interim uses shall be those uses or structures listed as conditional or interim uses in the underlying zoning district, those structures proposed to be flood-proofed by methods other than elevating on fill, and the storage of materials or equipment on flood fringe lands not elevated above the regulatory flood protection elevation. An application for a conditional or interim use shall be subject to all standards and criteria listed in division (D) above and elsewhere in this chapter.
(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. Is designated to internally flood and is constructed with flood-resistant materials; and
c. 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. The structure’s design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the Minnesota State 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. When openings are placed in a structure’s walls to provide for entry of flood waters to equalize pressures, the bottom of all openings shall be no higher than one-foot above grade. 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; and
ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the Minnesota State Building Code and shall be used solely for building access, parking of vehicles or storage.
(b) Basements, as defined by § 155.003(B) of this chapter, 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 (D)(3)(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 Minnesota State Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the Minnesota State Building Code and this shall require making the structure watertight 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) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal or construction of flood control works, an erosion/sedimentation control plan must be submitted. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(e) 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 and in accordance with a plan approved by the governing body.
(4) Standards for all flood fringe uses.
(a) General. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist.
(b) Commercial uses. Accessory land uses, such as yards, railroad tracks and parking lots may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth greater than two feet or be subject to flood velocities greater than four feet per second upon occurrence of the regional flood.
(c) Manufacturing and industrial uses. 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 (D)(4)(b) 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.
(d) 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.
(e) Effect. 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.
(f) Manufactured homes and the like. Standards for manufactured homes, travel trailers and travel vehicles are contained in division (H) below.
(E) General floodplain area.
(1) General floodplain area. The general floodplain shall include those areas designated as unnumbered A Zones on the Flood Insurance Rate Map adopted in division (B)(1) above.
(2) Use regulations.
(a) The uses listed in division (C)(2) above shall be permitted uses.
(b) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to division (E)(3) below. Division (C) above shall apply if the proposed use is in the Floodway District and division (D) above shall apply if the proposed use is in the Flood Fringe District.
(3) Procedures for floodway and flood fringe determinations within the General Floodplain District.
(a) Upon receipt of an application for a use 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 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; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type.
3. 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. Procedure consistent with Minn. Regulations 1983, parts 6120.5000 through 6120.6200 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 governing body. The governing body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The governing body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the floodway and flood fringe 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 (C) and (D) above.
(F) Subdivisions.
(1) Review criteria. No land shall be subdivided which is unsuitable for the reasons of flooding, inadequate drainage, water supply or sewage treatment facilities. All lots within the floodplain districts shall contain a building site 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 determinations in the General Floodplain District. In the General Floodplain District, applicants shall provide the information required in division (E)(3) 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.
(G) 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 Minnesota State 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 (C) and (D) 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 such 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.
(H) Manufactured homes and manufactured home parks and placement of travel trailers and travel vehicles.
(1) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by division (F)(1) above.
(2) The placement 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 (D) above. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with division (D)(4) above; then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body.
(3) 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.
(4) (a) Travel trailers and travel vehicles that do not meet the exemption criteria specified below shall be subject to the provisions of this chapter and as specifically spelled out in divisions (H)(6) and (H)(7) below.
(b) 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 (H)(5) 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 trailer parks and the travel trailer/travel vehicle has no permanent structural type additions attached to it; and
3. The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district.
(5) Areas exempted for placement of travel/recreational vehicles:
(a) Individual lots or parcels of record;
(b) Existing commercial recreational vehicle parks or campgrounds; and
(c) Existing condominium type associations.
(6) Travel trailers and travel vehicles exempted in division (H)(4) above, lose this exemption when development occurs on the parcel for 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/flood-proofing requirements and the use of land restrictions specified in divisions (C) and (D) above.
(7) 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 and proper elevated road access to the site exists in accordance with this chapter. No fill placed in the floodway to meet the requirements of this section 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 (H)(7)(a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of division (I)(6) below. 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 state rules.
(1) State and federal permits. Prior to granting a permit or processing an application for a conditional use permit, interim use permit, or variance, in the Floodplain Overlay District, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits.
(2) Certification. 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 chapter. Flood-proofing measures shall be certified by a registered professional engineer or registered architect.
(3) 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 or additions to existing structures in the floodplain. The Zoning Administrator shall also maintain a record of the elevation to which structures or additions to structures are flood-proofed.
(4) Variances. No variance shall 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.
(5) Flood insurance notice and record keeping.
(a) The Zoning Administrator shall notify the applicant for a variance that:
1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
2. Such construction below the 100-year or regional flood level increases risks to life and property.
(b) Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program.
(6) Conditional and interim use permits. In passing upon conditional or interim use applications, the Planning Commission shall consider all relevant factors specified in other sections of this chapter, and:
(a) The danger to life and property due to increased flood heights or velocities caused by encroachments;
(b) 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;
(c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(d) The susceptibility of the proposed facility and its contents to the flood damage and the effect of such damage on the individual owner;
(e) The importance of the services provided by the proposed facility to the community;
(f) The requirements of the facility for a waterfront location;
(g) The availability of alternative locations not subject to flooding for the proposed use;
(h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(i) The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
(j) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(k) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and
(l) Such other factors which are relevant to the purposes of this chapter.
(7) Amendments.
(a) 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.
(b) All amendments to this section, including amendments to the official zoning map, 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. 16-2, passed ---; Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)