1001.22 FLOODPLAIN
DISTRICT
Subd. 1. Statutory Authorization: The legislature of the State of
A.
Findings of Fact. The flood hazard areas of Rockford,
Minnesota, are subject to periodic inundation which results in potential loss
of life, loss of property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures or flood
protection and relief, and impairment of the tax base, all of which adversely
affect the public health, safety, and general welfare.
B.
Methods Used to Analyze Flood
Hazards. This Ordinance is based upon a
reasonable method of analyzing flood hazards, which is consistent with the
standards established by the Minnesota Department of Natural Resources.
C.
National Flood Insurance Program
Compliance. This Ordinance is adopted to
comply with the rules and regulations of the National Flood Insurance Program
codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to
maintain the community’s eligibility in the National Flood Insurance Program.
D.
Statement of Purpose: It is the purpose of this Ordinance to
promote the public health, safety, and general welfare and to minimize those
losses described in Subdivision 1.21 by provisions contained herein.
Subd. 2. General Provisions:
A. Lands
to Which Ordinance Applies: This Ordinance shall apply to all lands within the
jurisdiction of the City of
B. Establishment
of Official Zoning Map. The Official
Zoning Map together with all materials attached thereto is hereby adopted by reference and
declared to be a part of this ordinance.
The attached material shall include the Flood Insurance Study, Volume 1
of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions and the
Flood Insurance Rate Map panels numbered:
27053C0109 E, 27053C0126 E, 27053C0128 E, 27053C0129 E for the City of
Rockford, dated September 2, 2004; 270182 0001C, 270534 0042C dated August 18, 1992, 270534 0033B
dated August 4, 1992 as developed by the Federal Emergency Management
Agency. The Official Zoning Map shall be
on file in the office of the City Clerk.
(Note: If a community has annexed an area that is
not shown on the flood insurance rate map adopted in Subdivision 2.B above, the
community is advised to determine if the Federal Emergency Management Agency
has published a flood insurance rate map for the adjoining city or the
unincorporated areas of the county. If
the Federal Emergency Management Agency has designated floodplain areas for the
annexed area on an adjoining community’s flood insurance rate map, then the
respective adjoining community’s flood insurance rate map panels (and flood
insurance study text, if available) must also be adopted by reference in
Subdivision 2.B.
If a community is anticipating
future annexations of floodplain areas, the community is similarly advised to
adopt the flood insurance rate map panels for the adjoining community(ies)
along with a statement that these maps, in concert with the regulatory language
in this Ordinance, will be used for floodplain management in the annexed area.)
C. Regulatory
Flood Protection Elevation: The
regulatory flood protection elevation shall be 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 flood plain that result from
designation of a floodway.
D. Interpretation:
In their interpretation and application, the provisions of this Ordinance shall
be held to be minimum requirements and shall be liberally construed in favor of
the Governing Body and shall not be deemed a limitation or repeal of any other
powers granted by state statutes.
The boundaries of the zoning
districts shall be determined by scaling distances on the Official Zoning
Map. Where interpretation is needed as
to the exact location of the boundaries of the district as shown on the
Official Zoning Map, as for example where there appears to be a conflict between
a mapped boundary and actual field conditions and there is a formal appeal of
the decision of the Zoning Administrator, the Board of Adjustment shall make
the necessary interpretation. All
decisions will be based on elevations on the regional (100-year) flood profile,
the ground elevations that existed on the site at the time the Community
adopted its initial floodplain ordinance, and other available technical
data. Persons contesting the location of
the district boundaries shall be given a reasonable opportunity to present
their case to the Board of Adjustment and to submit technical evidence.
E.
Abrogation and Greater
Restrictions: It is not intended by this
Ordinance to repeal, abrogate, or impair any existing easements, covenants, or
deed restrictions. However, where this
Ordinance imposes greater restrictions, the provisions of this Ordinance shall
prevail. All other ordinances
inconsistent with this Ordinance are hereby repealed to the extent of the
inconsistency only.
F. Warning
and Disclaimer of Liability: This
Ordinance does not imply that areas outside the flood plain districts or land
uses permitted within such districts will be free from flooding or flood
damages. This Ordinance shall not create
liability on the part of City of
G.
Severability: If any subdivision, clause, provision, or
portion of this Ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this Ordinance shall not be affected
thereby.
H. Definitions: Unless specifically defined below, words or
phrases used in this Ordinance shall be interpreted so as to give them the same
meaning as they have in common usage and so as to give this Ordinance its most
reasonable application.
1. Accessory
Use or Structure - a use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
2. Basement
- means 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.
3. Conditional Use - means 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; Certain conditions
as detailed in the zoning ordinance exist. The structure and/or land use conform to the
comprehensive land use plan if one exists and are compatible with the existing
neighborhood.
4. Equal
Degree of Encroachment - a method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
5. Flood
– 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.
6. Flood
Frequency – the frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
7. Flood Fringe – that portion of the flood
plain outside of the floodway. Flood
fringe is synonymous with the term “floodway fringe” used in the Flood
Insurance Study.
8. Flood
Plain – the beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
9. Flood
Proofing – a combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
10. Floodway
– the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or
store the regional flood discharge.
11. 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.
12. Manufactured
Home – a structure, transportable in one or more subdivisions, 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.”
13. Obstruction
– 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 flood plain 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.
14. Principal
Use or Structure – means all uses or structures that are not accessory uses or
structures.
15. 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.
16. Recreational
Vehicle - a vehicle that is built on a single chassis, is 400 square feet or
less when measured at the largest horizontal projection, is designed to be
self-propelled or permanently towable by a light duty truck, and is designed
primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use. For the purposes of this Ordinance, the term
recreational vehicle shall be synonymous with the term travel trailer/travel
vehicle.
17. Regional
Flood - a flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-year recurrence
interval. Regional flood is synonymous
with the term "base flood" used in a flood insurance study.
18. Regulatory
Flood Protection Elevation - The regulatory flood protection elevation shall be
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 flood
plain that result from designation of a floodway.
19. Structure - anything constructed or erected
on the ground or attached to the ground or on-site utilities, including, but
not limited to, buildings, factories, sheds, detached garages, cabins,
manufactured homes, recreational vehicles not meeting the exemption criteria
specified in Subdivision 9.31 of this Ordinance and other similar items.
20. Substantial
Damage - means 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 percent of the market value of the structure before the damage occurred.
21. Substantial Improvement - within any
consecutive 365-day period, any reconstruction, rehabilitation (including
normal maintenance and repair), repair after damage, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent 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 Ordinance, “historic
structure” shall be as defined in Code of Federal Regulations, Part 59.1.
22. Variance
- means a modification of a specific permitted development standard required in
an official control including this Ordinance to allow an alternative
development standard not stated as acceptable in the official control, but only
as applied to a particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and elaborated upon in a
community's respective planning and zoning enabling legislation.
Subd. 3. Establishment of Zoning Districts:
A.
Floodway District. The Floodway District shall include those
areas designated as floodway on the Flood Insurance Rate Map adopted in
Subdivision 2.2.
B.
Flood Fringe District. The Flood Fringe District shall include those
areas designated as floodway fringe. The
Flood Fringe District shall include those areas shown on the Flood Insurance
Rate Map as adopted in Subdivision 2.2 as being within Zone AE, Zone A0, or
Zone AH but being located outside of the floodway.
C. Compliance: No new structure or land shall hereafter be
used and no structure shall be constructed, located, extended, converted, or
structurally altered without full compliance with the terms of this Ordinance
and other applicable regulations which apply to uses within the jurisdiction of
this Ordinance. Within the Floodway and
Flood Fringe Districts, all uses not listed as permitted uses or conditional
uses in Subdivisions 4.0 and 5.0 that follow, respectively, shall be
prohibited. In addition, a caution is
provided here that:
1. New manufactured homes, replacement
manufactured homes and certain travel trailers and travel vehicles are subject
to the general provisions of this Ordinance and specifically Subdivision 9.0.
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 Ordinance and specifically
Subdivision 11.0.
3. As-built
elevations for elevated or flood proofed structures must be certified by ground
surveys and flood proofing techniques must be designed and certified by a
registered professional engineer or architect as specified in the general
provisions of this Ordinance and specifically as stated in Subdivision 10.0 of
this Ordinance.
Subd. 4. Floodway District (FW):
A. Permitted Uses:
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. Private
and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, and single or multiple purpose recreational
trails.
4. Residential lawns, gardens, parking
areas, and play areas.
B. Standards for Floodway Permitted Uses:
1. The use shall have a low flood damage
potential.
2. The use shall be permissible in the
underlying zoning district if one exists.
3. The use shall not obstruct flood flows
or increase flood elevations and shall not involve structures, fill,
obstructions, excavations or storage of materials or equipment.
C. Conditional
Uses:
1. Structures accessory to the uses listed
in 4.A above and the uses listed in 4.C2 - 4.C8 below.
2. Extraction and storage of sand, gravel,
and other materials.
3.
4. Railroads, streets, bridges, utility
transmission lines, and pipelines.
5. Storage yards for equipment, machinery,
or materials.
6. Placement of fill or construction of
fences.
7. Recreational vehicles either on
individual lots of record or in existing or new subdivisions or commercial or
condominium type campgrounds, subject to the exemptions and provisions of
Subdivision 9.C of this Ordinance.
8. Structural works for flood control such
as levees, dikes and floodwalls constructed to any height where the intent is
to protect individual structures and levees or dikes where the intent is to
protect agricultural crops for a frequency flood event equal to or less than
the 10-year frequency flood event.
D. Standards for
Floodway Conditional Uses:
1. All Uses. No structure (temporary or permanent), fill
(including fill for roads and levees), deposit, obstruction, storage of
materials or equipment, or other uses may be allowed as a conditional use that
will cause any increase in the stage of the 100-year or regional flood or cause
an increase in flood damages in the reach or reaches affected.
2. All floodway conditional uses shall be
subject to the procedures and standards contained in Subdivision 10.D of this
Ordinance.
3. The conditional use shall be
permissible in the underlying zoning district if one exists.
4. Fill:
a. Fill,
dredge spoil, and all other similar materials deposited or stored in the flood
plain shall be protected from erosion by vegetative cover, mulching, riprap or
other acceptable method.
b. Dredge
spoil sites and sand and gravel operations shall not be allowed in the floodway
unless a long-term site development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
c. As an alternative, and consistent with
Sub-subdivision (b) immediately above, dredge spoil disposal and sand and
gravel operations may allow temporary, on-site storage of fill or other
materials which would have caused an increase to the stage of the 100-year or
regional flood but only after the Governing Body has received an appropriate
plan which assures the removal of the materials from the floodway based upon
the flood warning time available. The
conditional use permit must be title registered with the property in the Office
of the
5. Accessory
Structures:
a. Accessory structures shall not be
designed for human habitation.
b. Accessory
structures, if permitted, shall be constructed and placed on the building site
so as to offer the minimum obstruction to the flow of flood waters: Whenever
possible, structures shall be constructed with the longitudinal axis parallel
to the direction of flood flow; and so far as practicable, structures shall be
placed approximately on the same flood flow lines as those of adjoining
structures.
c. Accessory structures shall be elevated
on fill or structurally dry flood proofed in accordance with the FP-1 or FP-2
flood proofing classifications in the State Building Code. As an alternative, an accessory structure may
be flood proofed to the FP-3 or FP-4 flood proofing classification in the State
Building Code provided the accessory structure constitutes a minimal
investment, does not exceed 500 square feet in size at its largest projection,
and for a detached garage, the detached garage must be used solely for parking
of vehicles and limited storage. All
flood proofed accessory structures must meet the following additional
standards:
1) The structure must be adequately
anchored to prevent flotation, collapse or lateral movement of the structure
and shall be designed to equalize hydrostatic flood forces on exterior walls;
2) Any mechanical and utility equipment in
a structure must be elevated to or above the regulatory flood protection
elevation or properly flood proofed; and
3) To allow for the equalization of
hydrostatic pressure, there must be a minimum of two “automatic” openings in
the outside walls of the structure having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding. 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.
6.
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. Storage of other materials or equipment
may be allowed if readily removable from the area within the time available
after a flood warning and in accordance with a plan approved by the Governing
Body.
7. Structural
works for flood control that will change the course, current or cross
subdivision of protected wetlands or public waters shall be subject to the
provisions of Minnesota Statute, Chapter 103G.
Community-wide structural works for flood control intended to remove
areas from the regulatory flood plain shall not be allowed in the floodway.
8. A
levee, dike or floodwall constructed in the floodway shall not cause an
increase to the 100-year or regional flood and the technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
Subd. 5. Flood Fringe District (FF):
A.
Permitted Uses: Permitted uses shall be those uses of land or
structures listed as permitted uses in the underlying zoning use
district(s). If no pre-existing,
underlying zoning use districts exist, then any residential or non residential
structure or use of a structure or land shall be a permitted use in the Flood
Fringe District provided such use does not constitute a public nuisance. All permitted uses shall comply with the
standards for Flood Fringe District “Permitted Uses” listed in Subdivision 5.B
and the "Standards for all Flood Fringe Uses" listed in Subdivision
5.D.
B. Standards
for Flood Fringe Permitted Uses:
1. All
structures, including accessory structures, must be elevated on fill so that
the lowest floor including basement floor is at or above the regulatory flood
protection elevation. The finished fill
elevation for structures shall be no lower than one (1) foot below the
regulatory flood protection elevation and the fill shall extend at such
elevation at least fifteen (15) feet beyond the outside limits of the structure
erected thereon.
2. As
an alternative to elevation on fill, accessory structures that constitute a
minimal investment and that do not exceed 500 square feet at its largest
projection may be internally flood proofed in accordance with Subdivision 4.D5
(c).
3. The
cumulative placement of fill where at any one time in excess of one-thousand
(1,000) cubic yards of fill is located on the parcel shall be allowable only as
a conditional use, unless said fill is specifically intended to elevate a
structure in accordance with Subdivision 5.B1 of this ordinance.
4. The
storage of any materials or equipment shall be elevated on fill to the
regulatory flood protection elevation.
5. The
provisions of Subdivision 5.D of this Ordinance shall apply.
C.
Conditional Uses: Any structure that is not elevated on fill or
flood proofed in accordance with Subdivision 5 B1 and or any use of land that
does not comply with the standards in Subdivision 5.B3 - 5.B4 shall only be
allowable as a conditional use. An
application for a conditional use shall be subject to the standards and
criteria and evaluation procedures specified in Subdivisions 5.C-5.D and 10.4
of this Ordinance.
D.
Standards for Flood Fringe
Conditional Uses:
1. Alternative
elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use
of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such
as crawl spaces or tuck under garages.
The base or floor of an enclosed area shall be considered above-grade
and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at
least one side of the structure; 2) it is designed to internally flood and is
constructed with flood resistant materials; and 3) it is used solely for
parking of vehicles, building access or storage. The above-noted alternative elevation methods
are subject to the following additional standards:
a. Design and Certification - The
structure's design and as-built condition must be certified by a registered
professional engineer or architect as being in compliance with the general
design standards of the State Building Code and, specifically, that all
electrical, heating, ventilation, plumbing and air conditioning equipment and
other service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or accumulating
within these components during times of flooding.
b. Specific Standards for Above-grade,
Enclosed Areas - Above-grade, fully enclosed areas such as crawl spaces or tuck
under garages must be designed to internally flood and the design plans must
stipulate: A minimum area of openings in
the walls where internal flooding is to be used as a flood proofing
technique. 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 automatic openings shall have a minimum
net area of not less than one square inch for every square foot subject to
flooding unless a registered professional engineer or architect certifies that
a smaller net area would suffice. The
automatic openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and exit of
flood waters without any form of human intervention; and
c. That the enclosed area will be designed
of flood resistant materials in accordance with the FP-3 or FP-4
classifications in the State Building Code and shall be used solely for
building access, parking of vehicles or storage.
2. Basements,
as defined by Subdivision 2.H12 of this Ordinance, shall be subject to the
following:
a. Residential basement construction shall
not be allowed below the regulatory flood protection elevation.
b. Non-residential basements may be
allowed below the regulatory flood protection elevation provided the basement
is structurally dry flood proofed in accordance with Subdivision 5.D3 of this
Ordinance.
3. All
areas of non-residential structures including basements to be placed below the
regulatory flood protection elevation shall be flood proofed in accordance with
the structurally dry flood proofing classifications in the State Building
Code. Structurally dry flood proofing
must meet the FP-1 or FP-2 flood proofing classification in the State Building
Code and this shall require making the structure watertight with the walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effects of
buoyancy. Structures flood proofed to
the FP-3 or FP-4 classification shall not be permitted.
4. When
at any one time more than 1,000 cubic yards of fill or other similar material
is located on a parcel for such activities as on-site storage, landscaping,
sand and gravel operations, landfills, roads, dredge spoil disposal or
construction of flood control works, an erosion/sedimentation control plan must
be submitted unless the community is enforcing a state approved shoreland
management ordinance. In the absence of
a state approved shoreland ordinance, the plan must clearly specify methods to
be used to stabilize the fill on site for a flood event at a minimum of the
100-year or regional flood event. The
plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the Governing Body. The plan may incorporate alternative
procedures for removal of the material from the flood plain if adequate flood
warning time exists.
5.
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. Storage of other materials or equipment
may be allowed if readily removable from the area within the time available
after a flood warning and in accordance with a plan approved by the Governing
Body.
6.
The provisions of
Subdivision 5.E of this Ordinance shall also apply.
E. Standards for All Flood Fringe Uses:
1. All
new principal structures must have vehicular access at or above an elevation
not more than two (2) feet below the regulatory flood protection
elevation. If a variance to this
requirement is granted, the Board of Adjustment must specify limitations on the
period of use or occupancy of the structure for times of flooding and only
after determining that adequate flood warning time and local flood emergency
response procedures exist.
2. Commercial
Uses – accessory land uses, such as yards, railroad tracks, and parking lots
may be at elevations lower than the regulatory flood protection elevation. However, a permit for such facilities to be
used by the employees or the general public shall not be granted in the absence
of a flood warning system that provides adequate time for evacuation if the
area would be inundated to a depth and velocity such that when multiplying the
depth (in feet) times velocity (in feet per second) the product number exceeds
four (4) upon occurrence of the regional flood.
3. Manufacturing and Industrial Uses –
measures shall be taken to minimize interference with normal plant operations
especially along streams having protracted flood durations. Certain accessory land uses such as yards and
parking lots may be at lower elevations subject to requirements set out in
Subdivision 5.E2 above. In considering
permit applications, due consideration shall be given to needs of an industry
whose business requires that it be located in flood plain areas.
4. Fill shall be properly compacted and
the slopes shall be properly protected by the use of riprap, vegetative cover
or other acceptable method. The Federal
Emergency Management Agency (FEMA) has established criteria for removing the
special flood hazard area designation for certain structures properly elevated
on fill above the 100-year flood elevation – FEMA’s requirements incorporate
specific fill compaction and side slope protection standards for
multi-structure or multi-lot developments.
These standards should be investigated prior to the initiation of site
preparation if a change of special flood hazard area designation will be
requested.
5. Flood plain developments shall not
adversely affect the hydraulic capacity of the channel and adjoining flood
plain of any tributary watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the Official Zoning Map.
6. Standards for recreational vehicles are
contained in Subdivision 9C.
7. All
manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable
state or local anchoring requirements for resisting wind forces.
Subd. 6. Reserved.
Subd. 7. Subdivisions:
Note: This Subdivision is not intended as a
substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim
control until the comprehensive subdivision ordinance can be amended to include
necessary flood plain management provisions.
A.
Review Criteria: No land shall be subdivided which is
unsuitable for the reason of flooding, inadequate drainage, water supply or
sewage treatment facilities. All lots
within the flood plain districts shall be able to contain a building site
outside of the Floodway District at or above the regulatory flood protection
elevation. All subdivisions shall have
water and sewage treatment facilities that comply with the provisions of this
Ordinance and have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection
elevation. For all subdivisions in the
flood plain, the Floodway and Flood Fringe District boundaries, the regulatory
flood protection elevation and the required elevation of all access roads shall
be clearly labeled on all required subdivision drawings and platting documents.
B.
Removal of Special Flood
Hazard Area Designation: The Federal
Emergency Management Agency (FEMA) has established criteria for removing the
special flood hazard area designation for certain structures properly elevated
on fill above the 100-year flood elevation.
FEMA's requirements incorporate specific fill compaction and side slope
protection standards for multi-structure or multi-lot developments. These standards should be investigated prior
to the initiation of site preparation if a change of special flood hazard area
designation will be requested.
Subd. 8. Public Utilities, Railroads, Roads, and
Bridges:
A.
Public Utilities. All public utilities and facilities such as
gas, electrical, sewer, and water supply systems to be located in the flood
plain shall be flood proofed in accordance with the State Building Code or elevated
to above the regulatory flood protection elevation.
B.
Public Transportation
Facilities. Railroad tracks, roads, and
bridges to be located within the flood plain shall comply with Subdivisions 4.0
and 5.0 of this Ordinance. Elevation to
the regulatory flood protection elevation shall be provided where failure or
interruption of these transportation facilities would result in danger to the
public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or
auxiliary roads or railroads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger the
public health or safety.
C.
On-site Sewage Treatment and
Water Supply Systems: Where public
utilities are not provided: 1) On-site
water supply systems must be designed to minimize or eliminate infiltration of
flood waters into the systems; and 2) New or replacement on-site sewage
treatment systems must be designed to minimize or eliminate infiltration of
flood waters into the systems and discharges from the systems into flood waters
and they shall not be subject to impairment or contamination during times of
flooding. Any sewage treatment system
designed in accordance with the State's current statewide standards for on-site
sewage treatment systems shall be determined to be in compliance with this
Subdivision.
Subd. 9. Manufactured Homes and Manufactured
A.
New manufactured home parks
and expansions to existing manufactured home parks shall be subject to the
provisions placed on subdivisions by Subdivision 7.0 of this Ordinance.
B.
The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
flood plain districts will be treated as a new structure and may be placed only
if elevated in compliance with Subdivision 5.0 of this Ordinance. If vehicular road access for pre-existing
manufactured home parks is not provided in accordance with Subdivision 5.E1,
then replacement manufactured homes will not be allowed until the property
owner(s) develops a flood warning emergency plan acceptable to the Governing
Body.
1. All
manufactured homes must be securely anchored to an adequately anchored foundation
system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not
to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable
state or local anchoring requirements for resisting wind forces.
C.
Recreational vehicles that do
not meet the exemption criteria specified in Subdivision 9.C1 below shall be
subject to the provisions of this Ordinance and as specifically spelled out in
Subdivisions 9.C3-9.C4 below.
1. Exemption
- Recreational vehicles are exempt from the provisions of this Ordinance if
they are placed in any of the areas listed in Subdivision 9.C2 below and
further they meet the following criteria:
a. Have current licenses required for highway
use.
b. Are highway ready meaning on wheels or
the internal jacking system, are attached to the site only by quick disconnect
type utilities commonly used in campgrounds and recreational vehicle parks and
the recreational vehicle has no permanent structural type additions attached to
it.
c. The recreational vehicle and associated
use must be permissible in any pre-existing, underlying zoning use district.
2.
Areas Exempted For Placement
of Recreational Vehicles:
a. Individual lots or parcels of record.
b. Existing commercial recreational
vehicle parks or campgrounds.
c. Existing condominium type associations.
3. Recreational vehicles exempted in
Subdivision 9.C1 lose this exemption when development occurs on the parcel
exceeding $500 for a structural addition to the recreational vehicle or
exceeding $500 for an accessory structure such as a garage or storage
building. The recreational vehicle and
all additions and accessory structures will then be treated as a new structure
and shall be subject to the elevation/flood proofing requirements and the use
of land restrictions specified in Subdivisions 4.0 and 5.0 of this
Ordinance. There shall be no development
or improvement on the parcel or attachment to the recreational vehicle that
hinders the removal of the recreational vehicle to a flood free location should
flooding occur.
4. New
commercial recreational vehicle parks or campgrounds and new residential type
subdivisions and condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be subject to the
following:
a. Any new or replacement recreational
vehicle will be allowed in the Floodway or Flood Fringe Districts provided said
recreational vehicle and its contents are placed on fill above the regulatory
flood protection elevation and proper elevated road access to the site exists
in accordance with Subdivision 5.E1 of this Ordinance. No fill placed in the floodway to meet the
requirements of this Subdivision shall increase flood stages of the 100-year or
regional flood.
b. All new or replacement recreational
vehicles not meeting the criteria of (a) above may, as an alternative, be
allowed as a conditional use if in accordance with the following provisions and
the provisions of 10.D of the Ordinance.
The applicant must submit an emergency plan for the safe evacuation of
all vehicles and people during the 100 year flood. Said plan shall be prepared by a registered
engineer or other qualified individual, shall demonstrate that adequate time
and personnel exist to carry out the evacuation, and shall demonstrate the
provisions of Subdivision 9.C1 (a) and (b) of this Ordinance will be met. All attendant sewage and water facilities for
new or replacement recreational vehicles must be protected or constructed so as
to not be impaired or contaminated during times of flooding in accordance with
Subdivision 8.C of this Ordinance.
Subd. 10. Administration:
A.
Zoning Administrator: A Zoning Administrator or other official
designated by the Governing Body shall administer and enforce this
Ordinance. If the Zoning Administrator
finds a violation of the provisions of this Ordinance the Zoning Administrator
shall notify the person responsible for such violation in accordance with the
procedures stated in Subdivision 12.0 of the Ordinance.
B.
Permit Requirements:
1. Permit
Required. A Permit issued by the Zoning
Administrator in conformity with the provisions of this Ordinance shall be
secured prior to the erection, addition, modification, rehabilitation
(including normal maintenance and repair), or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a building,
structure, or land; prior to the construction of a dam, fence, or on-site septic
system; prior to the change or extension of a nonconforming use; prior to the
repair of a structure that has been damaged by flood, fire, tornado, or any
other source; and prior to the placement of fill, excavation of materials, or
the storage of materials or equipment within the flood plain.
2. Application
for Permit. Application for a permit
shall be made in duplicate to the Zoning Administrator on forms furnished by
the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale, showing
the nature, location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
3. State
and Federal Permits. Prior to granting a
permit or processing an application for a conditional use permit or variance,
the Zoning Administrator shall determine that the applicant has obtained all
necessary state and federal permits.
4. Certificate of Zoning Compliance for a
New, Altered, or Nonconforming Use. It
shall be unlawful to use, occupy, or permit the use or occupancy of any
building or premises or part thereof hereafter created, erected, changed,
converted, altered, or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued by the Zoning Administrator stating
that the use of the building or land conforms to the requirements of this
Ordinance.
5. Construction and Use to be as Provided
on Applications, Plans, Permits, Variances and Certificates of Zoning
Compliance. Permits, conditional use
permits, or certificates of zoning compliance issued on the basis of approved
plans and applications authorize only the use, arrangement, and construction
set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be deemed a
violation of this Ordinance, and punishable as provided by Subdivision 12.0 of
this Ordinance.
6. Certification. The applicant shall be required to submit
certification by a registered professional engineer, registered architect, or
registered land surveyor that the finished fill and building elevations were
accomplished in compliance with the provisions of this Ordinance. Flood proofing measures shall be certified by
a registered professional engineer or registered architect.
7. Record of First Floor Elevation. The Zoning Administrator shall maintain a
record of the elevation of the lowest floor (including basement) of all new
structures and alterations or additions to existing structures in the flood
plain. The Zoning Administrator shall
also maintain a record of the elevation to which structures or alterations and
additions to structures are flood proofed.
8. Notifications for Watercourse
Alterations. The Zoning Administrator
shall notify, in riverine situations, adjacent communities and the Commissioner
of the Department of Natural Resources prior to the community authorizing any
alteration or relocation of a watercourse.
If the applicant has applied for a permit to work in the beds of public
waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as
adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be
submitted to the Chicago Regional Office of the Federal Emergency Management
Agency (FEMA).
9. Notification to FEMA When Physical
Changes Increase or Decrease the 100-year Flood Elevation. As soon as is practicable, but not later than
six (6) months after the date such supporting information becomes available,
the Zoning Administrator shall notify the Chicago Regional Office of FEMA of
the changes by submitting a copy of said technical or scientific data.
C. Board of Adjustment:
1. Rules.
The Board of Adjustment shall adopt rules for the conduct of business
and may exercise all of the powers conferred on such Boards by State law.
2. Administrative Review. The Board of Adjustment shall hear and decide
appeals where it is alleged there is error in any order, requirement, decision,
or determination made by an administrative official in the enforcement or
administration of this Ordinance.
3. Variances. The Board of Adjustment may authorize upon
appeal in specific cases such relief or variance from the terms of this
Ordinance as will not be contrary to the public interest and only for those
circumstances such as hardship, practical difficulties or circumstances unique
to the property under consideration, as provided for in the respective enabling
legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board
of Adjustment shall clearly identify in writing the specific conditions that
existed consistent with the criteria specified in this Ordinance, any other
zoning regulations in the Community, and in the respective enabling legislation
that justified the granting of the variance.
No variance shall have the effect of allowing in any district uses
prohibited 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. The following additional variance criteria of
the Federal Emergency Management Agency must be satisfied:
a. Variances shall 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 shall only be issued by a community
upon (i) a showing of good and sufficient cause, (ii) a determination that
failure to grant the variance would result in exceptional hardship to the
applicant, and (iii) 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 shall only be issued upon a
determination that the variance is the minimum necessary, considering the flood
hazard, to afford relief.
4. Hearings. Upon filing with the Board of Adjustment of
an appeal from a decision of the Zoning Administrator, or an application for a
variance, the Board of Adjustment shall fix a reasonable time for a hearing and
give due notice to the parties in interest as specified by law. The Board
of Adjustment shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed variances sufficiently in
advance so that the Commissioner will receive at least ten days notice of the
hearing.
5. Decisions. The Board of Adjustment shall arrive at a
decision on such appeal or variance within sixty days. In passing upon an appeal, the Board of
Adjustment may, so long as such action is in conformity with the provisions of
this Ordinance, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Zoning Administrator or other
public official. It shall make its
decision in writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance the
Board of Adjustment may prescribe appropriate conditions and safeguards such as
those specified in Subdivision 10.D6, which are in conformity with the purposes
of this Ordinance. Violations of such
conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this Ordinance punishable
under Subdivision 12.0. A copy of all
decisions granting variances shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such action.
6. Appeals.
Appeals from any decision of the Board of Adjustment may be made, and as
specified in this community's official controls and also by Minnesota Statutes.
7.