Article XV FP Floodplain District

This article regulates development in the flood hazard areas of the City of Breckenridge. 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.

This article is adopted in the public interest to promote sound land use practices, and floodplains are a land resource to be developed in a manner which will result in minimum loss of life and threat to health, and reduction of private and public economic loss caused by flooding.

This article is adopted to maintain eligibility in the National Flood Insurance Program.

BASE FLOOD ELEVATION (BFE)

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.

Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. The standards in this article take precedence over any less restrictive, conflicting local laws, ordinances, or codes. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.

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. Not all flood risk is mapped. Larger floods do occur and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. 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.

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.

§ 190-62 Definitions.

Unless specifically defined, 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.

ACCESSORY STRUCTURE

A structure, as defined in this article, that is on the same parcel of property as, and is incidental to, the principal structure or use; an accessory structure specifically excludes structures used for human habitation.

BASE FLOOD

The flood having a 1% chance of being equaled or exceeded in any given year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules, part 6120.5000.

The elevation of the base flood, regional flood, or 1% annual chance flood. The term "base flood elevation" is used in the flood insurance study.

BASEMENT

Any area of a structure, including crawl spaces, having its floor subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level.

BUILDING

See "structure."

CHANNEL

A natural or artificial depression of perceptible extent, with definite bed and banks to confine and conduct flowing water either continuously or periodically.

CONDITIONAL USE

A land use or development that would not be appropriate generally, but may be allowed with appropriate restrictions upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood.

CRITICAL FACILITIES

Buildings and structures that contain essential facilities and services necessary for emergency response and recovery, or that pose a substantial risk to the public in the event of failure, disruption of function, or damage by flooding. Specifically, this includes facilities identified as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended. Examples include health care facilities, facilities required for emergency response, power-generating stations, communications towers, or electrical substations.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

EQUAL DEGREE OF ENCROACHMENT

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.

FARM FENCE

An open type of fence of posts and horizontally run wire, further specified in Minnesota Statutes, § 344.02, Subd. 1(a-d).

FEMA

Federal Emergency Management Agency.

FLOOD

A temporary rise in the stream flow or water surface elevation from any source that results in the inundation of normally dry land areas.

FLOOD FRINGE

The portion of the 1%-annual-chance floodplain located outside of the floodway. This district shall be extended laterally to the 0.2%-annual-chance floodplain, where mapped.

FLOOD INSURANCE RATE MAP (FIRM)

An official map on which the Federal Insurance Administrator has delineated both the special flood 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).

FLOOD INSURANCE STUDY (FIS)

The study referenced in § 190-63B, which is an examination, evaluation and determination of flood hazards, and if appropriate, corresponding surface elevations, or an examination, evaluation, and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

FLOODPLAIN

The beds, channel and the areas adjoining a wetland, lake or watercourse, or other source which have been or hereafter may be inundated by the base flood.

FLOODPROOFING

A combination of structural and non-structural additions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages.

FLOODWAY

The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which must be reserved to carry or store the base flood discharge without cumulatively increasing the water surface elevation more than 1/2 foot.

GENERAL FLOODPLAIN

Those floodplains designated on the Flood Insurance Rate Maps referenced in § 190-63B, but that do not have a delineated floodway.

LIGHT-DUTY TRUCK

Any motor vehicle that has all three of the following:

8,500 pounds Gross Vehicle Weight Rating or less;

Vehicle curb weight of 6,000 pounds or less; and

Basic vehicle frontal area less than 45 square feet.

LOWEST FLOOR

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; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3.

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."

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of an adopted floodplain management regulation, and includes any subsequent improvements to such structures.

PRINCIPAL STRUCTURE

The main building or other structure on a lot that is utilized for the property's principal use.

REACH

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.

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. Those vehicles not meeting this definition shall be considered a structure for the purposes of this article. For the purposes of this article, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

REGULATORY FLOOD PROTECTION ELEVATION (RFPE)

An elevation that is one foot above the elevation of the base flood plus any increases in the water surface elevation caused by encroachments on the floodplain that result from designation of a floodway. These increases in water surface elevations are typically identified in the Floodway Data Tables, found in the Flood Insurance Study.

REPETITIVE LOSS

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.

STAGE INCREASE

Any increase in the water surface elevation during the 1%-annual-chance flood caused by encroachments on the floodplain.

START OF CONSTRUCTION

Includes substantial improvement and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Recreational vehicles not considered travel ready, as detailed in § 190-68B(2), shall also be considered a structure for the purposes of this article.

SUBDIVISION

Land that has been divided for the purpose of sale, rent, or lease, including planned unit developments.

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

Any reconstruction, rehabilitation, 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; or

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 article, "historic structure" is defined in 44 CFR 59.1.

VARIANCE

"Variance" means the same as that defined in 44 CFR 59.1 and Minnesota Statutes, § 462.357, Subd. 6(2).

WATERCOURSE

A channel in which a flow of water occurs either continuously or intermittently in a definitive direction. The term applies to either natural or artificially constructed channels.

§ 190-63 Jurisdiction and districts.

Lands to which article applies. This article applies to all lands within the jurisdiction of the City of Breckenridge within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts.

The Floodway, Flood Fringe or General Floodplain Districts are overlay districts. The standards imposed in the overlay districts are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the Base Flood Elevation (BFE) shall be the governing factor in locating the outer boundaries of the 1%-annual-chance floodplain.

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.

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 enumerated below, all dated June 20, 2024, and prepared by the Federal Emergency Management Agency.

27167C0386D, 27167C0387D, 27167C0388D, 27167C0389D, and 27167C0452D

These materials are on file with the Zoning Administer at Breckenridge City Hall.

Districts.

Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps referenced in § 190-63B.

Flood Fringe District. Those areas within Zones AE located outside of the delineated floodway, as shown on the Flood Insurance Rate Maps referenced in § 190-63B. This district shall be extended laterally to the 0.2%-annual-chance floodplain, where mapped.

§ 190-63.1 Requirements for all floodplain districts.

Reserved for General Floodplain District.

Annexations. The Flood Insurance Rate Map panels referenced in § 190-63B 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 of Breckenridge 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. Annexations into panels not referenced in § 190-63B require ordinance amendment in accordance with § 190-72.

Permit required. A permit must be obtained from the Zoning Administrator to verify compliance with all applicable standards outlined in this article prior to the following uses or activities:

The erection, addition, modification, rehabilitation, repair, or alteration of any building, structure, or portion thereof. Normal maintenance requires a permit to determine if such work, either separately or in conjunction with other planned work, constitutes a substantial improvement, as specified in § 190-70A(3).

The construction of a fence, pool, deck, or placement of anything that may cause a potential obstruction. Farm fences, as defined in § 190-62 of this article, are not considered to be an obstruction, and as such, do not require a permit.

The change or expansion of a nonconforming use.

The repair of a structure that has been damaged by flood, fire, tornado, or any other source.

The placement of fill, excavation, utilities, on-site sewage treatment systems, or other service facilities.

The storage of materials or equipment, in conformance with Subsection C(2).

(7)

Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement dams, culverts and bridges). A local permit is not required if a public waters work permit has been obtained from the Department of Natural Resources, unless a significant area above the ordinary high water level is also to be disturbed.

(8)

Any other type of "development," as defined in § 190-62 of this article.

No permit required. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this article, do not require a permit.

Minimum development standards.

All development must:

Be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

Be constructed with materials and equipment resistant to flood damage;

Be constructed by methods and practices that minimize flood damage;

Be constructed with heating, ventilation, duct work, and air-conditioning equipment and other service facilities elevated at least up to the Regulatory Flood Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines below the RFPE shall be constructed so as to prevent water from entering or accumulating within them during conditions of flooding;

(e)

Be reasonably safe from flooding and consistent with the need to minimize flood damage;

(f)

Be assured to provide adequate drainage to reduce exposure to flood hazards;

(g)

Not be detrimental to uses in adjoining areas; and

(h)

Not adversely affect the efficiency or restrict the flood-carrying capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.

(i)

Ensure that any fill or other materials are protected from erosion, discharge, and sediment entering surface waters by the use of vegetative cover or other methods as soon as possible.

Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood Protection Elevation (RFPE), floodproofed, or protected by other measures as approved by the Zoning Administrator. Storage of materials likely to cause pollution of the waters, such as sewage; sand; rock; wrecked and discarded equipment; dredged spoil; municipal, agricultural or industrial waste; and other wastes as further defined in Minnesota Statutes, § 115.01, are prohibited unless adequate safeguards approved by the Minnesota Pollution Control Agency are provided. For projects not requiring approvals by the Minnesota Pollution Control Agency, adequate safeguards must be approved by the Zoning Administrator prior to issuance of a permit.

Critical facilities shall be located so that the lowest floor is not less than two feet above the Base Flood Elevation (BFE), or the 0.2% annual chance flood elevation, whichever is higher.

Table 1. Summary of Permitting Requirements for Structures
Structure Type	Floodway	Flood Fringe	Standards*
Accessory Structures — on fill	Only specific uses and types allowed — with CUP	Allowed with Permit	§ 190-65B(3)(d)[2]
Accessory Structures — Alt. Elevation Methods	Only specific uses and types allowed — with CUP	Allowed with Permit	§ 190-65B(3)(d)[3]
Accessory Structures — Wet Floodproofing	Only specific uses and types allowed — with CUP	Allowed with Permit	§ 190-65B(3)(d)[1]
Accessory Structures — Dry (watertight) Floodproofing	Only specific uses and types allowed — with CUP	Allowed with Permit	§ 190-65B(3)(d)[4]
Residential — on fill	Not allowed	Allowed with Permit	§ 190-65B(1)(a)
Residential — Alt. Elevation Methods	Not allowed	Allowed with CUP	§ 190-65D(1)
Residential — Dry (watertight) Floodproofing and/or Basement Construction below RFPE	Not allowed	Not allowed	N/A
Non-Residential — on fill	Not allowed	Allowed with Permit	§ 190-65B(2)(a)
Non-Residential — Alt. Elevation Methods	Not allowed	Allowed with Permit	§ 190-65B(2)(b)
Non-Residential — Dry (watertight) Floodproofing and/or Basement Construction below RFPE	Not allowed	Allowed with Permit	§ 190-65B(2)(c)

Note:
*	Note - many of these standards are cross-referenced

§ 190-64 Floodway District.

Permitted uses in floodway. Development allowed in the floodway district is limited to that which has low flood damage potential and will not obstruct flood flows, increase velocities, or increase the water surface elevations of the 1%-annual-chance flood. The following uses and activities may be allowed with a permit, subject to the standards in Subsection B:

Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips, water control structures, navigational facilities, as well as public open space uses.

Roads, driveways, railroads, trails, bridges, and culverts.

Public utility facilities and water-oriented industries which must be in or adjacent to watercourses.

Grading, filling, land alterations, and shoreline stabilization projects.

No structures, as defined in § 190-62, are allowed in the Floodway District, except structures accessory to the uses detailed in Subsections A(1) and C(1), which require a CUP under Subsection C(2).

Levees or dikes intended to protect agricultural crops, provided the top of the dike does not exceed the 10%-annual-chance flood event.

Standards for permitted uses in floodway. In addition to the applicable standards detailed in § 190-63.1:

The applicant must demonstrate that the development will not result in any of the following during the 1%-annual-chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through hydrologic and hydraulic analysis performed by a professional engineer, or using other standard engineering practices (e.g., projects that restore the site to the previous cross-sectional area). This is commonly documented through a "no-rise certification."

Any development that would result in a stage increases greater than 0.00 feet may only be allowed with a permit if the applicant has applied for and received approval for a Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR 65.12. Map revisions must follow the procedures in Sections 11.15 and 14.0.

Any development resulting in decreases to the water surface elevation of the base flood identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following the procedures in §§ 190-69A(5) and 190-72.

Any development in the beds of public waters that will change the course, current or cross section is required to obtain a public waters work permit in accordance with Minnesota Statutes, § 103G.245, or a utility crossing license in accordance with Minnesota Statutes, § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.

Any facility used by employees or the general public must be designed with a flood warning system acceptable to the Zoning Administrator that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

Fill and other land alteration activities must offer minimal obstruction to the flow of flood waters, and be protected from erosion and sediment entering surface waters by the use of vegetative cover, riprap or other methods as soon as possible.

Conditional uses in floodway. The following uses and activities may be permitted as conditional uses, subject to the standards detailed in Subsection D:

Commercial extractive uses, and storage and stockpiling yards.

Structures accessory to uses detailed in Subsections A(1) and C(1).

Standards for conditional uses in floodway. In addition to the applicable standards detailed in §§ 190-63.1, 190-64B and 190-69B.

Extractive uses and storage of materials require the completion of a site development and restoration plan, to be approved by the City of Breckenridge.

Accessory structures. Structures accessory to the uses detailed in Subsections A(1) and C(1) must be constructed and placed so as to offer a minimal obstruction to the flow of flood waters, and are subject to the standards in § 190-65B(3) of this article.

§ 190-65 Flood-fringe district.

Permitted uses in flood fringe. Any uses or activities allowed in any applicable underlying zoning districts may be allowed with a permit, subject to the standards set forth in Subsection B.

Standards for permitted uses in flood fringe. In addition to the applicable standards detailed in § 190-63.1:

Residential structures.

Elevation on fill. Structures erected, constructed, reconstructed, altered, or moved on fill within the Flood Fringe District shall be placed so that the lowest floor, as defined in § 190-62 of this article, is elevated at or above the Regulatory Flood Protection Elevation (RFPE). The finished fill elevation shall be at or above the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor or other qualified person designated by the Zoning Administrator. Elevation methods alternative to these fill standards are subject to a Conditional Use Permit, as provided in Subsection C(1) (Figure 2). Construction of this type shall only be permitted in locations where the natural ground is no lower than three feet below the base flood elevation.

Figure 2: Overview of fill standards for residential structures

Nonresidential principal structures. Nonresidential principal structures must meet one of the following construction methods:

Elevation on fill. Structures may be elevated on fill, meeting the standards in Subsection B(1)(a). Fill for nonresidential structures is not required to be extended 15 feet beyond the outside limits of the structure.

Alternative elevation methods. Structures may be elevated using methods alternative to the fill standards in Subsection B(1)(a). Such methods include the use of blocks, pilings (Figure 3), filled stem walls (Figure 4), or internally flooded enclosed areas (Figure 5) such as crawl spaces, attached garages, or tuck-under garages.

Figure 3: Blocks or pilings.

Figure 4: Filled stem walls.

Figure 5: Internally flooded enclosed area.

Designs accommodating for internally-flooded enclosed areas must be certified by a registered professional engineer or architect, or meet or exceed the standards detailed in FEMA Technical Bulletin 1, as amended, as well as the following standards:

The lowest floor, as defined in § 190-62 of this article, shall be elevated at or above the Regulatory Flood Protection Elevation (RFPE).

The floor of the enclosed area must be at or above the exterior grade on at least one side of the structure.

To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings below the base flood elevation on at least two sides of the structure. The bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

[4]

Internally flooded enclosed areas shall only be used for the parking of vehicles, building access, or storage. Bathrooms and toilet rooms shall not be allowed. Such areas shall be subject to a deed-restricted non- conversion agreement as well as periodic inspections with the issuance of any permit.

Dry floodproofing. Structures having watertight enclosed basements or spaces below the Regulatory Flood Protection Elevation (RFPE) must meet the following standards:

Walls must be substantially impermeable to the passage of water, with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, at least up to the Regulatory Flood Protection Elevation (RFPE);

Must meet the standards of FEMA Technical Bulletin 3, as amended; and

A registered professional engineer or architect shall be required to certify that the design and methods of construction meet the standards detailed in this section.

Accessory structures. All accessory structures must meet the following standards:

Structures shall not be designed or used for human habitation.

Structures will have a low flood damage potential.

Structures with fewer than two rigid walls, such as carports, gazebos, and picnic pavilions, may be located at an elevation below the Regulatory Flood Protection Elevation.

Structures with two or more rigid walls, must meet one of the following construction methods:

Wet floodproofing. Structures may be floodproofed in a way to accommodate internal flooding. Such structures shall constitute a minimal investment not to exceed 576 square feet in size, one story in height, and shall only be used for parking and storage. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.

Elevation on fill. Structures may be elevated on fill, meeting the standards in Subsection B(1)(a). Fill is not required to be extended 15 feet beyond the outside limits of the structure.

Alternative elevation methods. Structures may have their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) through methods alternative to the fill standards in Subsection B(3)(d)[2], and must meet the standards in Subsection B(2)(b).

[4]

Dry floodproofing. Structures may be dry-floodproofed, or watertight, meeting the standards in Subsection B(2)(c).

All new principal structures must provide vehicular access no lower than one foot below the Base Flood Elevation (BFE), unless a flood warning/emergency evacuation plan has been approved by the City of Breckenridge.

Any facilities used by employees or the general public must be designed with a flood warning system acceptable to the City of Breckenridge that provides adequate time for evacuation, or be designed to ensure that within the area inundated during the base flood event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.

Manufactured homes and recreational vehicles must meet the standards of § 190-68 of this article.

Conditional uses in flood fringe. The following uses and activities may be permitted as conditional uses, subject to the standards in Subsection D:

Alternative elevation methods — residential structures. Residential structures with their lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using methods alternative to the fill requirements in Subsection B(1).

Standards for conditional uses in flood fringe. In addition to the applicable standards detailed in §§ 190-63.1, 190-65B and 190-69B:

§ 190-65.1 General Floodplain District (GF).

All residential structures with lowest floors elevated through alternative elevation methods must meet the standards in Subsection B(2)(b).

Permitted uses.

The uses listed in § 190-64A of this article, Floodway District permitted uses, are permitted uses.

All other uses are subject to the floodway/flood fringe evaluation criteria specified in § 190-65.1B below. Section 190-64 applies if the proposed use is determined to be in the Floodway District. Section 190-65 applies if the proposed use is determined to be in the Flood Fringe District.

Procedures for floodway and flood fringe determinations.

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.

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.

The determination of floodway and flood fringe must include the following components, as applicable:

Estimate the peak discharge of the regional (one-percent-chance) flood.

Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas.

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.

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.

Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of §§ 190-64 and 190-65 of this article.

§ 190-66 Subdivision standards.

Subdivisions. All subdivided land must meet the following requirements. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this article.

All lots within floodplain districts must be suitable for a building site outside of the Floodway District.

Subdivision of lands within the floodplain districts may not be approved if the cost of providing governmental services would impose an unreasonable economic burden on the City of Breckenridge.

All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the Regulatory Flood Protection Elevation (RFPE), unless a flood warning/emergency evacuation plan has been approved by the City of Breckenridge.

§ 190-67 Public and private utilities, service facilities, roads, bridges, and railroads.

The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation (RFPE) and the required elevation of all access roads must be clearly identified on all required subdivision drawings and platting documents.

Public transportation facilities. Railroad tracks, roads, and bridges must be elevated to the Regulatory Flood Protection Elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety. 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. All public transportation facilities should be designed to minimize increases in flood elevations.

Public utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated and/or floodproofed to the Regulatory Flood Protection Elevation (RFPE), be located and constructed to minimize or eliminate flood damage, and be designed to eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minnesota Rules, Part 7035.0300, are prohibited in the 1% annual chance floodplain. Water supply systems are subject to the provisions in Minnesota Rules, Part 4725.4350.

Private on-site water supply, individual sewage treatment systems, and other service facilities. Private facilities shall be subject to applicable provisions detailed in Subsection B. In addition, new or replacement on-site sewage treatment systems are to be located to avoid impairment to them or contamination from them during times of flooding, shall not be located in a designated floodway, and are subject to the provisions in Minnesota Rules, Part 7080.2270.

§ 190-68 Manufactured homes and recreational vehicles.

Manufactured homes. Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:

New and replacement manufactured homes must be placed and elevated in compliance with § 190-65 of this article and must be securely anchored to a 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.

New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in § 190-66 of this article.

Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the floodplain must either:

Meet the requirements for manufactured homes in Subsection A, or

Be travel-ready, meeting the following criteria:

The vehicle must be fully licensed.

The vehicle must be ready for highway use, meaning on wheels or the internal jacking system, attached to the site only by quick-disconnect-type utilities.

No permanent structural type additions may be attached to the vehicle.

Accessory structures may be permitted in the Flood Fringe District, provided they do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in §§ 190-63.1 and 190-65B(3).

§ 190-69 Administration.

Duties. A Zoning Administrator or other official must administer and enforce this article.

Permit application requirements. Permit applications must be submitted to the Zoning Administrator. The permit application must include the following, as applicable:

A site plan showing all existing or proposed buildings, structures, service facilities, potential obstructions, and pertinent design features having an influence on the permit.

Location and detail of grading, fill, or storage of materials.

Copies of any required local, state or federal permits or approvals.

Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.

Recordkeeping. The Zoning Administrator must maintain applicable records in perpetuity documenting:

All certifications for dry floodproofing and alternative elevation methods, where applicable.

Analysis of no-rise in the Floodway District, as detailed in § 190-64B(1), and encroachment analysis ensuring no more than one-half foot of rise in the General Floodplain District, as detailed in § 190-65.1B(2) and (3).

Final elevations, as applicable, detailing the elevation to which structures and improvements to structures are constructed or floodproofed. Elevations shall be determined by an engineer, architect, surveyor or other qualified individual, as approved by the Zoning Administrator.

Substantial damage and substantial improvement determinations, as detailed in § 190-70A(3), including the cost of improvements, repairs, and market value.

(e)

All variance actions, including justification for their issuance, and must report such variances as requested by the Federal Emergency Management Agency.

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 finished fill and building floor elevations or other flood protection measures are in compliance with the requirements of this article.

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 in accordance with Minnesota Statutes, § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to FEMA.

Notification to FEMA when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Breckenridge must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR), by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within the General Floodplain District, a map revision is only required if development results in stage increases greater than 0.5 foot.

Conditional uses and variances.

Process.

An application for a conditional use permit will be processed and reviewed in accordance with the provisions of this article.

An application for a variance to the provisions of this article will be processed and reviewed in accordance with Minnesota Statutes, § 462.357, Subd. 6(2), and this article.

Additional variance criteria. The following additional variance criteria must be satisfied:

Variances must not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances from the provisions of this article may only be issued by a community upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

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.

Variances from the provisions in this article may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances must be consistent with the general purpose of these standards and the intent of applicable provisions in state and federal law.

(e)

Variances may be used to modify permissible methods of flood protection, but no variance shall permit a lesser degree of flood protection than the Regulatory Flood Protection Elevation (RFPE).

(f)

The Zoning Administrator must notify the applicant for a variance in writing that:

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

Such construction below the base flood level increases risks to life and property. Notification must be maintained with a record of all variance actions.

Considerations for approval. The City of Breckenridge must consider all relevant factors specified in other sections of this article in granting variances and conditional use permits, including the following:

The potential danger to life and property due to increased flood heights or velocities caused by encroachments.

The danger that materials may be swept onto other lands or downstream to the injury of others.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

Conditions of approval. The City of Breckenridge may attach such conditions to the granting of variances and 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:

Limitations on period of use, occupancy, and operation.

Imposition of operational controls, sureties, and deed restrictions.

The prevention of soil erosion or other possible pollution of public waters, both during and after construction.

Other conditions as deemed appropriate by the Zoning Administrator and Planning Commission.

Notifications to the department of natural resources.

All notices of public hearings to consider variances or conditional uses under this article must be sent via electronic mail to the Department of Natural Resources respective area hydrologist at least 10 days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

A copy of all decisions granting variances and conditional uses under this article must be sent via electronic mail to the Department of Natural Resources respective area hydrologist within 10 days of final action.

§ 190-70 Nonconformities.

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:

Within the floodway and general floodplain districts (when a site has been determined to be located in the floodway following the procedures in § 190-65.1B, or when the floodway has not been delineated), any expansion or enlargement of uses or structures is prohibited.

Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this article, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the Regulatory Flood Protection Elevation (RFPE).

If any nonconforming structure is determined to be substantially damaged or substantially improved based on the procedures in Subsection B, it may not be reconstructed except in conformity with the provisions of this article. Any structures located outside the 1% annual chance floodplain are exempt from this provision.

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.

If any nonconforming structure has utilities, electrical, or mechanical equipment damaged due to flooding, it must be rebuilt in conformance with the elevation requirements in § 190-63.1C(1)(d) to the greatest extent practicable. This requirement shall apply regardless of the determinations made in Subsection B.

Substantial improvement and substantial damage determinations. Prior to issuing any permits for additions, modifications, rehabilitations, repairs, alterations, or maintenance to nonconforming structures, the Zoning Administrator is required to determine if such work constitutes substantial improvement or repair of a substantially damaged structure. A determination must be made in accordance with the following procedures:

Estimate the market value of the structure. In the case of repairs, the market value of the structure shall be the market value before the damage occurred and before any restoration or repairs are made.

Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the zoning administrator to evaluate costs.

Improvement costs shall be comprised of the market rate of all materials and labor, as well as the costs of all ordinary maintenance and upkeep carried out over the past one year.

Costs to repair damages shall be comprised of the market rate of all materials and labor required to restore a building to its pre-damaged condition regardless of the work proposed, as well as associated improvement costs if structure is being restored beyond its pre-damaged condition.

Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure, and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in § 190-62 of this article.

For the purposes of determining whether the proposed work would constitute substantial improvement, the evaluation shall also include all rehabilitations, additions, or other improvements completed since the community has adopted floodplain standards impacting this structure.

If any nonconforming structure experiences a repetitive loss, as defined in § 190-62 of this article, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this article.