[Amended 9-5-1989 by Ord. No. 414; 5-4-2015 by Ord. No.
486]
A.
Statutory authorization. The legislature of the State of Minnesota
has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated
the responsibility to local government units to adopt regulations
designed to minimize flood losses. Therefore, the City Council of
Breckenridge, Minnesota, does ordain as follows.
B.
Purpose.
(1)
This article regulates development in the flood hazard areas of Breckenridge,
Minnesota. These flood hazard areas are subject to periodic inundation,
which may result in loss of life and 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. It is the purpose of this article to promote the public
health, safety, and general welfare by minimizing these losses and
disruptions.
(2)
National Flood Insurance Program compliance. This article is adopted
to comply with the rules and regulations of the National Flood Insurance
Program codified as 44 CFR Parts 59 through 78, as amended, so as
to maintain the community's eligibility in the National Flood Insurance
Program.
(3)
This article 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.
A.
How to use this article. This article adopts the floodplain maps
applicable to Breckenridge, Minnesota, and includes three floodplain
districts: Floodway, Flood Fringe, and General Floodplain.
(2)
Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in § 190-64 apply unless the floodway boundary is determined according to the process outlined in § 190-65.1. Once the floodway boundary is determined, the Flood Fringe District standards in § 190-65 may apply outside the floodway.
B.
Lands to which this article applies. This article applies to all
lands within the jurisdiction of the City of Breckenridge shown on
the Official Zoning Map and/or the attachments to the map as being
located within the boundaries of the Floodway, Flood Fringe, or General
Floodplain Districts.
(1)
The Floodway, Flood Fringe and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning districts.
The standards imposed in the overlay districts are in addition to
any other requirements in this article. In case of a conflict, the
more restrictive standards will apply.
C.
Incorporation of maps by reference. 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 article. The attached
material includes the Flood Insurance Study for Wilkin County, Minnesota,
and incorporated areas and the Flood Insurance Rate Map panels 27167C0386C,
27167C0387C, 27167C0388C, 27167C0389C, and 27167C0452C, all dated
May 18, 2015, and prepared by the Federal Emergency Management Agency.
These materials are on file in the office of the Zoning Administrator
and the City Administrator or his/her designee.
[Amended 5-7-2018 by Ord.
No. 499]
D.
Regulatory flood protection elevation. The regulatory flood protection
elevation (RFPE) is 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.
E.
Interpretation. The boundaries of the zoning districts 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 shall 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 Board
of Adjustment and Appeals and to submit technical evidence.
F.
Abrogation and greater restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants,
or other private agreements. However, where this article imposes greater
restrictions, the provisions of this article prevail. All other ordinances
inconsistent with this article are hereby repealed to the extent of
the inconsistency only.
G.
Warning and disclaimer of liability. This article 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 article does not create liability on the part of the City of
Breckenridge or its officers or employees for any flood damages that
result from reliance on this article or any administrative decision
lawfully made hereunder.
H.
Severability. If any section, clause, provision, or portion of this
article is adjudged unconstitutional or invalid by a court of law,
the remainder of this article shall not be affected and shall remain
in full force.
I.
ACCESSORY USE OR STRUCTURE
BASE FLOOD ELEVATION
BASEMENT
CONDITIONAL USE
CRITICAL FACILITIES
DEVELOPMENT
EQUAL DEGREE OF ENCROACHMENT
FARM FENCE
FLOOD
FLOOD FREQUENCY
FLOOD FRINGE
FLOOD-PRONE AREA
FLOODPLAIN
FLOODPROOFING
FLOODWAY
LOWEST FLOOR
MANUFACTURED HOME
OBSTRUCTION
ONE-HUNDRED-YEAR FLOODPLAIN
PRINCIPAL USE OR STRUCTURE
REACH
RECREATIONAL VEHICLE
REGIONAL FLOOD
REGULATORY FLOOD PROTECTION ELEVATION (RFPE)
REPETITIVE LOSS
SPECIAL FLOOD HAZARD AREA
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
Definitions. Unless specifically defined below, words or phrases
used in this article must be interpreted according to common usage
and so as to give this article its most reasonable application.
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
The elevation of the regional flood. The term "base flood
elevation" is used in the flood insurance survey.
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.
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:
Facilities necessary to a community's public health and safety,
those that store or produce highly volatile, toxic or water-reactive
materials, and those that house occupants that may be insufficiently
mobile to avoid loss of life or injury. Examples of critical facilities
include hospitals, correctional facilities, schools, day-care facilities,
nursing homes, fire and police stations, wastewater treatment facilities,
public electric utilities, water plants, fuel storage facilities,
and waste handling and storage facilities.
Any man-made change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of
equipment or materials.
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.
A fence as defined by M.S.A. § 344.02, Subd. 1(a)-(d).
An open-type fence of posts and wire is not considered to be a structure
under this article. Fences that have the potential to obstruct flood
flows, such as chain link fences and rigid walls, are regulated as
structures under this article.
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.
The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term "floodway fringe" used in the Flood
Insurance Study for Wilkin County, Minnesota.
Any land susceptible to being inundated by water from any
source (see "flood").
The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional
flood.
A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the
reduction or elimination of flood damages.
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.
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.
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."
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 such
water.
Lands inundated by the "regional flood" (see definition).
All uses or structures that are not accessory uses or structures.
A hydraulic engineering term to describe a longitudinal segment
of a stream or river influenced by a natural or man-made obstruction.
In an urban area, the segment of a stream or river between two consecutive
bridge crossings would most typically constitute a reach.
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 article, the term "recreational
vehicle" is synonymous with the term "travel trailer/travel vehicle."
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 one-percent chance or one-hundred-year recurrence interval.
Regional flood is synonymous with the term "base flood" used in a
flood insurance study.
An elevation not less 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.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event on the average equals or exceeds
25% of the market value of the structure before the damage occurred.
A term used for flood insurance purposes synonymous with
"one-hundred-year floodplain."
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, recreational vehicles not meeting the exemption criteria specified in § 190-68B(2) of this article and other similar items.
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.
Within any consecutive three-hundred-sixty-five-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:
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.
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 article, "historic structure" is
as defined in 44 CFR 59.1.
J.
Annexations. The Flood Insurance Rate Map panels adopted by reference into § 190-62C above may include floodplain areas that lie outside of the corporate boundaries of the City of Breckenridge at the time of adoption of this article. If any of these floodplain land areas are annexed into the City after the date of adoption of this article, the newly annexed floodplain lands will be subject to the provisions of this article immediately upon the date of annexation.
A.
Districts:
(1)
Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in § 190-62C.
B.
Compliance. Within the floodplain districts established in this article, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this article and other applicable regulations. All uses not listed as permitted uses or conditional uses in §§ 190-64, 190-65 and 190-65.1, respectively, are prohibited.
In addition, a caution is provided here that:
(1)
New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this article and specifically § 190-68.
(2)
Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this article and specifically § 190-68.
(3)
All structures must be constructed with electrical, heating, ventilation,
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.
(4)
As-built elevations for elevated or floodproofed structures must be certified by ground surveys, and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this article and specifically as stated in § 190-69 of this article.
A.
Permitted uses. The following uses, subject to the standards set forth in § 190-64B, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(1)
General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming, forestry, sod farming, and wild crop harvesting.
(2)
Industrial-commercial loading areas, parking areas, and airport landing
strips.
(3)
Open space uses, including but not limited to 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,
hunting and fishing areas, and single- or multiple-purpose recreational
trails.
(4)
Residential lawns, gardens, parking areas, and play areas.
(5)
Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' area hydrologist is notified at least 10 days prior to issuance of any permit, and that the standards in § 190-64D(1), D(3)(a) and D(6) of this article are met.
B.
Standards for floodway permitted uses.
(1)
The use must have a low flood damage potential.
(2)
With the exception of the uses listed in § 190-64A(5), the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment.
(3)
Any facility that will be used by employees or the general public
must be designed with a flood warning system that provides adequate
time for evacuation if the area is inundated to a depth and velocity
such that the depth (in feet) multiplied by the velocity (in feet
per second) would exceed a product of four upon occurrence of the
regional (one-percent-chance) flood.
C.
Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 190-69D of this article and further subject to the standards set forth in § 190-64B, if otherwise allowed in the underlying zoning district or any applicable overlay district:
(1)
Structures accessory to the uses listed in § 190-64A above and the uses listed in § 190-64C(2) through (7) below.
(2)
Extraction and storage of sand, gravel, and other materials.
(3)
Marinas, boat rentals, docks, piers, wharves, and water-control structures.
(4)
Storage yards for equipment, machinery, or materials.
(5)
Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in § 190-62I, are permitted uses.
(6)
Travel-ready recreational vehicles meeting the exception standards in § 190-68B(2).
(7)
Levees or dikes intended to protect agricultural crops for a frequency
flood event equal to or less than the ten-year-frequency flood event.
D.
Standards for floodway conditional uses.
(1)
All uses. A conditional use must not cause any increase in the stage
of the one-percent-chance or regional flood or cause an increase in
flood damages in the reach or reaches affected.
(2)
Fill; storage of materials and equipment:
(a)
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.
(b)
Fill, dredge spoil, and other similar materials deposited or
stored in the floodplain must be protected from erosion by vegetative
cover, mulching, riprap or other acceptable method. Permanent sand
and gravel operations and similar uses must be covered by a long-term
site development plan.
(c)
Temporary placement of fill, other materials, or equipment which
would cause an increase to the stage of the one-percent-chance or
regional flood may only be allowed if the City of Breckenridge has
approved a plan that assures removal of the materials from the floodway
based upon the flood warning time available.
(3)
Accessory structures.
(a)
Accessory structures must not be designed for human habitation.
(b)
Accessory structures, if permitted, must be constructed and
placed on the building site so as to offer the minimum obstruction
to the flow of floodwaters:
(c)
Accessory structures must be elevated on fill or structurally
dry floodproofed in accordance with the FP-1 or FP-2 floodproofing
classifications in the State Building Code. All floodproofed accessory
structures must meet the following additional standards:
[1]
The structure must be adequately anchored to prevent flotation,
collapse or lateral movement and designed to equalize hydrostatic
flood forces on exterior walls; and
[2]
Any mechanical and utility equipment in the structure must be
elevated to or above the regulatory flood protection elevation or
properly floodproofed.
(d)
As an alternative, an accessory structure may be internally/wet
floodproofed to the FP-3 or FP-4 floodproofing classifications in
the State Building Code, provided the accessory structure constitutes
a minimal investment and does not exceed 576 square feet in size.
A detached garage may only be used for parking of vehicles and limited
storage. All structures must meet the following standards:
[1]
To allow for the equalization of hydrostatic pressure, there
must be a minimum of two automatic openings in the outside walls of
the structure, with a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding; and
[2]
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.
(4)
Structural works for flood control that will change the course, current
or cross section of protected wetlands or public waters are subject
to the provisions of M.S.A. § 103G.245.
(5)
A levee, dike or floodwall constructed in the floodway must not cause
an increase to the one-percent-chance or regional flood. The technical
analysis must assume equal conveyance or storage loss on both sides
of a stream.
(6)
Floodway developments must not adversely affect the hydraulic capacity
of the channel and adjoining floodplain of any tributary watercourse
or drainage system.
A.
Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 190-65B. If no preexisting, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use, provided it does not constitute a public nuisance.
B.
Standards for flood fringe permitted uses.
(1)
All structures, including accessory structures, must be elevated
on fill so that the lowest floor, as defined, is at or above the regulatory
flood protection elevation. The finished fill elevation for structures
must be no lower than one foot below the regulatory flood protection
elevation, and the fill must extend at the same elevation at least
15 feet beyond the outside limits of the structure.
(a)
All service utilities, including ductwork, must be elevated
or watertight to prevent infiltration of floodwaters.
(b)
As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with § 190-65D(3).
(2)
The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with § 190-65B(1) of this article, or if allowed as a conditional use under § 190-65C(3) below.
(3)
The storage of any materials or equipment must be elevated on fill
to the regulatory flood protection elevation.
(4)
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.
(5)
Fill must be properly compacted, and the slopes must be properly
protected by the use of riprap, vegetative cover or other acceptable
method.
(6)
All new principal structures must have vehicular access at or above
an elevation not more than two feet below the regulatory flood protection
elevation, or must have a flood warning/emergency evacuation plan
acceptable to the City Council.
(7)
Accessory uses such as yards, railroad tracks, and parking lots may
be at an elevation lower than the regulatory flood protection elevation.
However, any facilities used by employees or the general public must
be designed with a flood warning system that provides adequate time
for evacuation if the area is inundated to a depth and velocity such
that the depth (in feet) multiplied by the velocity (in feet per second)
would exceed a product of four upon occurrence of the regional (one-percent-chance)
flood.
(8)
Interference with normal manufacturing/industrial plant operations
must be minimized, especially along streams having protracted flood
durations. In considering permit applications, due consideration must
be given to the needs of industries with operations that require a
floodplain location.
(9)
Flood fringe developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system.
C.
Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in § 190-65C of this article. Conditional uses must meet the standards in § 190-65B(4) through (10) and § 190-65D.
(1)
Any structure that is not elevated on fill or floodproofed in accordance with § 190-65B(1) of this article.
(2)
Storage of any material or equipment below the regulatory flood protection
elevation.
(3)
The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 190-65B(1) of this article.
D.
Standards for flood fringe conditional uses.
(1)
The standards listed in § 190-65B(4) through (10) apply to all conditional uses.
(2)
Basements, as defined by § 190-62I (basement) of this article, are subject to the following:
(a)
Residential basement construction is not allowed below the regulatory
flood protection elevation.
(b)
Nonresidential basements may be allowed below the regulatory flood protection elevation, provided the basement is structurally dry floodproofed in accordance with § 190-65D(4) of this article.
(3)
All areas of nonresidential structures, including basements, to be
placed below the regulatory flood protection elevation must be floodproofed
in accordance with the structurally dry floodproofing classifications
in the State Building Code. Structurally dry floodproofing must meet
the FP-1 or FP-2 floodproofing classification in the State Building
Code, which requires making the structure watertight with the walls
substantially impermeable to the passage of water and with structural
components capable of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy. Structures wet floodproofed to the FP-3
or FP-4 classification are not permitted.
(4)
The placement of more than 1,000 cubic yards of fill or other similar
material on a parcel (other than for the purpose of elevating a structure
to the regulatory flood protection elevation) must comply with an
approved erosion/sedimentation control plan.
(a)
The plan must clearly specify methods to be used to stabilize
the fill on site for a flood event at a minimum of the regional (one-percent-chance)
flood event.
(b)
The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the City Council.
(c)
The plan may incorporate alternative procedures for removal
of the material from the floodplain if adequate flood warning time
exists.
(5)
Storage of materials and equipment below the regulatory flood protection
elevation must comply with an approved emergency plan providing for
removal of such materials within the time available after a flood
warning.
(6)
(Reserved for optional alternative elevation methods)
A.
B.
Procedures for floodway and flood fringe determinations.
(1)
Upon receipt of an application for a permit or other approval
within the General Floodplain District, the Zoning Administrator must
obtain, review and reasonably utilize any regional flood elevation
and floodway data available from a federal, state, or other source.
(2)
If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in § 190-65.1B(3) below.
(3)
The determination of floodway and flood fringe must include
the following components, as applicable:
(a)
Estimate the peak discharge of the regional (one-percent-chance)
flood.
(b)
Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank areas.
(c)
Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser
stage increase than 0.5 foot is required if, as a result of the stage
increase, increased flood damages would result. An equal degree of
encroachment on both sides of the stream within the reach must be
assumed in computing floodway boundaries.
(4)
The Zoning Administrator will review the submitted information
and assess the technical evaluation and the recommended Floodway and/or
Flood Fringe District boundary. The assessment must include the cumulative
effects of previous floodway encroachments. The Zoning Administrator
may seek technical assistance from a designated engineer or other
expert person or agency, including the Department of Natural Resources.
Based on this assessment, the Zoning Administrator may approve or
deny the application.
A.
In general. Recognizing that flood-prone areas may exist outside
of the designated floodplain districts, the requirements of this section
apply to all land within the City of Breckenridge.
B.
Subdivisions. No land may be subdivided which is unsuitable for reasons
of flooding or inadequate drainage, water supply or sewage treatment
facilities. Manufactured home parks and recreational vehicle parks
or campgrounds are considered subdivisions under this article.
(1)
All lots within the floodplain districts must be able to contain
a building site outside of the Floodway District at or above the regulatory
flood protection elevation.
(2)
All subdivisions must have road access both to the subdivision and
to the individual building sites no lower than two feet below the
regulatory flood protection elevation, unless a flood warning emergency
plan for the safe evacuation of all vehicles and people during the
regional (one-percent-chance) flood has been approved by the City
Council. The plan must be prepared by a registered engineer or other
qualified individual and must demonstrate that adequate time and personnel
exist to carry out the evacuation.
(3)
For all subdivisions in the floodplain, the Floodway and Flood Fringe
District boundaries, the regulatory flood protection elevation and
the required elevation of all access roads must be clearly labeled
on all required subdivision drawings and platting documents.
(4)
In the General Floodplain District, applicants must provide the information required in § 190-65.1B of this article to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.
(5)
If a subdivision proposal or other proposed new development is in
a flood-prone area, any such proposal must be reviewed to assure that:
(a)
All such proposals are consistent with the need to minimize
flood damage within the flood-prone area;
(b)
All public utilities and facilities, such as sewer, gas, electrical,
and water systems are located and constructed to minimize or eliminate
flood damage; and
(c)
Adequate drainage is provided to reduce exposure of flood hazard.
C.
Building sites. If a proposed building site is in a flood-prone area,
all new construction and substantial improvements (including the placement
of manufactured homes) 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 utility equipment resistant to flood
damage;
(3)
Constructed by methods and practices that minimize flood damage;
and
(4)
Constructed with electrical, heating, ventilation, 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.
A.
Public utilities. All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the floodplain
must be floodproofed in accordance with the State Building Code or
elevated to the regulatory flood protection elevation.
B.
Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with §§ 190-64 and 190-65 of this article. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these 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.
C.
On-site water supply and sewage treatment systems.
(1)
Where public utilities are not provided:
(a)
On-site water supply systems must be designed to minimize or
eliminate infiltration of floodwaters into the systems; and
(b)
New or replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into floodwaters, and
they must not be subject to impairment or contamination during times
of flooding.
(2)
Any sewage treatment system designed in accordance with the state's
current statewide standards for on-site sewage treatment systems is
considered to be in compliance with this section.
A.
Manufactured homes. New manufactured home parks and expansions to
existing manufactured home parks are prohibited in any floodplain
district. For existing manufactured home parks or lots of record,
the following requirements apply:
(1)
Placement or replacement of manufactured home units is prohibited
in the Floodway District.
(2)
If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of § 190-65 of this article and the following standards:
(a)
New and replacement manufactured homes must be elevated in compliance with § 190-65 of this article and 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 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.
(b)
New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 190-66B(2).
B.
Recreational vehicles. New recreational vehicle parks or campgrounds
and expansions to existing recreational vehicle parks or campgrounds
are prohibited in any floodplain district. Placement of recreational
vehicles in existing recreational vehicle parks or campgrounds in
the floodplain must meet the exemption criteria below or be treated
as new structures meeting the requirements of this article.
(1)
Recreational vehicles are exempt from the provisions of this article if they are placed in any of the following areas and meet the criteria listed in § 190-68B(2):
(2)
Criteria for exempt recreational vehicles:
(a)
The vehicle must have a current license required for highway
use.
(b)
The vehicle must be highway ready, meaning on wheels or the
internal jacking system, attached to the site only by quick-disconnect-type
utilities commonly used in campgrounds and recreational vehicle parks.
(c)
No permanent, structural-type additions may be attached to the
vehicle.
(d)
The vehicle and associated use must be permissible in any preexisting,
underlying zoning district.
(e)
Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in § 190-68B(2).
(f)
An accessory structure must constitute a minimal investment.
(3)
Recreational vehicles that are exempt in § 190-68B(2) lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of § 190-65 of this article. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur.
A.
Zoning Administrator. A Zoning Administrator or other official designated
by the City Council must administer and enforce this article.
B.
Permit requirements.
(1)
Permit required. A permit must be obtained from the Zoning Administrator
prior to conducting the following activities:
(a)
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 this article.[1]
(b)
The use or change of use of a building, structure, or land.
(c)
The construction of a dam, fence, or on-site septic system,
although a permit is not required for a "farm fence" as defined in
this article.
(d)
The change or extension of a nonconforming use.
(e)
The repair of a structure that has been damaged by flood, fire,
tornado, or any other source.
(f)
The placement of fill, excavation of materials, or the storage
of materials or equipment within the floodplain.
(g)
Relocation or alteration of a watercourse, unless a public waters
work permit has been applied for.
(h)
Any other type of "development" as defined in this article.
(2)
Application for permit. Permit applications must be submitted to
the Zoning Administrator on forms provided by the Zoning Administrator.
The permit application must include the following, as applicable:
(a)
A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an
influence on the permit.
(b)
Location of fill or storage of materials in relation to the
stream channel.
(c)
Copies of any required municipal, county, state or federal permits
or approvals.
(d)
Other relevant information requested by the Zoning Administrator
as necessary to properly evaluate the permit application.
(3)
Certificate of zoning compliance for a new, altered, or nonconforming
use. No building, land or structure may be occupied or used in any
manner until a certificate of zoning compliance has been issued by
the Zoning Administrator stating that the use of the building or land
conforms to the requirements of this article.
(4)
Certification. The applicant is 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 article. Floodproofing
measures must be certified by a registered professional engineer or
registered architect.
(5)
Record of first floor elevation. The Zoning Administrator must 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 must also maintain a record
of the elevation to which structures and alterations or additions
to structures are floodproofed.
(6)
Notifications for watercourse alterations. Before authorizing any
alteration or relocation of a river or stream, the Zoning Administrator
must notify adjacent communities. If the applicant has applied for
a permit to work in public waters pursuant to M.S.A. § 103G.245,
this will suffice as adequate notice. A copy of the notification must
also be submitted to the Chicago regional office of the Federal Emergency
Management Agency (FEMA).
(7)
Notification to FEMA when physical changes increase or decrease base
flood elevations. As soon as is practicable, but not later than six
months after the date such supporting information becomes available,
the Zoning Administrator must notify the Chicago regional office of
FEMA of the changes by submitting a copy of the relevant technical
or scientific data.
C.
Variances.
(2)
Adherence to state floodplain management standards. A variance must
not allow a use that is not allowed 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.
(3)
Additional variance criteria. The following additional variance criteria
of the Federal Emergency Management Agency must be satisfied:
(a)
Variances must not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(b)
Variances may only be issued by a community upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
[3]
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.
(c)
Variances may only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(4)
Flood insurance notice.
(a)
The Zoning Administrator must 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 base or regional flood level increases
risks to life and property.
(b)
Such notification must be maintained with a record of all variance
actions.
(5)
General considerations. The community may consider the following
factors in granting variances and imposing conditions on variances
and conditional uses in floodplains:
(a)
The potential 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;
(c)
The proposed water supply and sanitation systems, if any, and
the ability of these systems to minimize the potential for disease,
contamination and unsanitary conditions;
(d)
The susceptibility of any proposed use and its contents to flood
damage and the effect of such damage on the individual owner;
(e)
The importance of the services to be provided by the proposed
use to the community;
(f)
The requirements of the facility for a waterfront location;
(g)
The availability of viable alternative locations for the proposed
use that are not subject to flooding;
(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 Land
Use 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 floodwaters expected at the site.
(6)
Submittal of hearing notices to the Department of Natural Resources
(DNR). The Zoning Administrator must submit hearing notices for proposed
variances to the DNR sufficiently in advance to provide at least 10
days' notice of the hearing. The notice may be sent by electronic
mail or United States Mail to the respective DNR area hydrologist.
(7)
Submittal of final decisions to the DNR. A copy of all decisions
granting variances must be forwarded to the DNR within 10 days of
such action. The notice may be sent by electronic mail or United States
Mail to the respective DNR area hydrologist.
(8)
Recordkeeping. The Zoning Administrator must maintain a record of
all variance actions, including justification for their issuance,
and must report such variances in an annual or biennial report to
the Administrator of the National Flood Insurance Program, when requested
by the Federal Emergency Management Agency.
D.
Conditional uses.
(1)
Administrative review. An application for a conditional use permit under the provisions of this article will be processed and reviewed in accordance with § 190-85 of the zoning ordinance/code.
(2)
Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this article, and those factors identified in § 190-69C(5) of this article.
(3)
Conditions attached to conditional use permits. The City Council
may attach such conditions to the granting of conditional use permits
as it deems necessary to fulfill the purposes of this article. Such
conditions may include, but are not limited to, the following:
(a)
Modification of waste-treatment and water-supply facilities.
(b)
Limitations on period of use, occupancy, and operation.
(c)
Imposition of operational controls, sureties, and deed restrictions.
(d)
Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
(e)
Floodproofing measures, in accordance with the State Building
Code and this article. The applicant must submit a plan or document
certified by a registered professional engineer or architect that
the floodproofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular
area.
(4)
Submittal of hearing notices to the Department of Natural Resources
(DNR). The Zoning Administrator must submit hearing notices for proposed
conditional uses to the DNR sufficiently in advance to provide at
least 10 days' notice of the hearing. The notice may be sent by electronic
mail or United States Mail to the respective DNR area hydrologist.
(5)
Submittal of final decisions to the DNR. A copy of all decisions
granting conditional uses must be forwarded to the DNR within 10 days
of such action. The notice may be sent by electronic mail or United
States Mail to the respective DNR area hydrologist.
A.
Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions. Historic structures, as defined in § 190-62I [Subsection (2) of the definition of "substantial improvement"] of this article, are subject to the provisions of § 190-70A(1-5) of this article.
(1)
A nonconforming use, structure, or occupancy must not be expanded,
changed, enlarged, or altered in a way that increases its nonconformity.
Expansion or enlargement of uses, structures or occupancies within
the Floodway District is prohibited.
(2)
Any structural alteration or addition to a nonconforming structure or nonconforming use which would result in increasing the flood damage potential of that structure or use must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in § 190-70A(3) and (7) below.
(3)
The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of § 190-64 or § 190-65 of this article for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively.
(4)
If any nonconforming use, or any use of a nonconforming structure,
is discontinued for more than one year, any future use of the premises
must conform to this article. The Assessor must notify the Zoning
Administrator in writing of instances of nonconformities that have
been discontinued for a period of more than one year.
(5)
If any nonconformity is substantially damaged, as defined in § 190-62I (substantial damage) of this article, it may not be reconstructed except in conformity with the provisions of this article. The applicable provisions for establishing new uses or new structures in § 190-64 or § 190-65 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(6)
If any nonconforming use or structure experiences a repetitive loss, as defined in § 190-62I (repetitive loss) of this article, it must not be reconstructed except in conformity with the provisions of this article.
(7)
Any substantial improvement, as defined in § 190-62I (substantial improvement) of this article, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of § 190-64 or § 190-65 of this article for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District.
A.
Violation constitutes a misdemeanor. Violation of the provisions
of this article 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) constitute
a misdemeanor and will be punishable as defined by law.
B.
Other lawful action. Nothing in this article restricts the City Council
from taking such other lawful action as is necessary to prevent or
remedy any violation. Such actions may include but are not limited
to the following:
(1)
In responding to a suspected ordinance violation, the Zoning Administrator
and local government 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.
(2)
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.
(3)
The Zoning Administrator shall notify the suspected party of the
requirements of this article 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 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
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 Zoning
Administrator within the specified period of time, each additional
day that lapses shall constitute an additional violation of this article
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 article.
A.
Floodplain designation: restrictions on removal. The floodplain designation
on the Official Zoning Map must 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 regulatory flood
protection elevation and is contiguous to lands outside the floodplain.
Special exceptions to this rule may be permitted by the Commissioner
of the Department of Natural Resources (DNR) if the Commissioner determines
that, through other measures, lands are adequately protected for the
intended use.
B.
Amendments require DNR approval. All amendments to this article must
be submitted to and approved by the Commissioner of the Department
of Natural Resources (DNR) prior to adoption. The Commissioner must
approve the amendment prior to community approval.