Eden Valley City Zoning Code
CHAPTER 152
FLOODPLAIN MANAGEMENT
§ 152.01 STATUTORY AUTHORIZATION.
The legislature of the state has, in M.S. Chs. 103F and 462, as they may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses.
(Ord. 512.000, passed - -)
§ 152.02 PURPOSE.
(A) This chapter regulates development in the flood hazard areas of the city. 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 chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
(B) This chapter is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. pts. 59 through 80, as amended, so as to maintain the community’s eligibility in the National Flood Insurance Program.
(C) This chapter 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.
(Ord. passed - -)
§ 152.03 LAND TO WHICH CHAPTER APPLIES.
(A) This chapter applies to all lands within the jurisdiction of the city shown on the flood insurance rate maps adopted in § 152.04 as being located within the boundaries of the Floodplain District.
(B) The Floodplain District is an overlay district that is superimposed on all existing zoning districts.
(C) The standards imposed in the overlay districts are in addition to any other requirements in this chapter.
(D) In case of a conflict, the more restrictive standards will apply.
(Ord. passed - -)
§ 152.04 ADOPTION OF FLOOD INSURANCE STUDY AND MAPS.
(A) The following maps together with all attached materials are hereby adopted by reference and declared to be a part of this chapter and the official zoning map:
(1) Flood insurance studies:
(a) Stearns County, Minnesota and incorporated areas (dated February 16, 2012); and
(b) Meeker County, Minnesota and incorporated areas (dated April 3, 2012).
(2) The currently effective flood insurance rate map panels enumerated below:
(a) Stearns County Panel 27145C0960E, effective February 16, 2012;
(b) Meeker County Panel 27093C0075C, effective April 3, 2012.
(B) These materials are on file in the City Clerk/Treasurer’s office.
(Ord. passed - -)
§ 152.05 INTERPRETATIONS.
The boundaries of the Floodplain District are determined by scaling distances on the flood insurance rate map.
(A) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations must be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
(B) 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.
(Ord. passed - -)
§ 152.06 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, however, where this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(Ord. passed - -)
§ 152.07 WARNING AND DISCLAIMER OF LIABILITY.
This chapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(Ord. passed - -)
§ 152.08 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASE FLOOD ELEVATION. The elevation of the “regional food”, as defined. The term BASE FLOOD ELEVATION is used in the flood insurance survey.
DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, buildings, manufactured homes, and other structures, recreational vehicles, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of materials or equipment.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a) through (d), as it may be amended from time to time. An open-type fence of posts and wire is not considered to be a structure under this chapter. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are not permitted in the Floodplain District.
FLOOD FRINGE. The portion of the floodplain located outside of the floodway. FLOOD FRINGE is synonymous with the term FLOODWAY FRINGE used in the flood insurance studies for Stearns County, Minnesota and Meeker County, Minnesota.
FLOODPLAIN. The areas adjoining a watercourse which have been or hereafter may be covered by the regional flood.
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term “recreational vehicle”.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence (with the exception of farm fences), stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this chapter, the term RECREATIONAL VEHICLE is synonymous with the term TRAVEL TRAILER/TRAVEL VEHICLE.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance/100-year recurrence interval. REGIONAL FLOOD is synonymous with the term BASE FLOOD used in the flood insurance study.
REGULATORY FLOOD PROTECTION ELEVATION. An elevation no lower than one foot above the elevation of the regional flood, plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, and other similar items.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT .
(1) Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage”, regardless of the actual repair work performed.
(2) The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a “historic structure”; provided, that the alteration will not preclude the structure’s continued designation as a “historic structure”. For the purpose of this chapter, “historic structure” is as defined in 44 C.F.R. § 59.1.
(Ord. passed - -)
§ 152.09 ANNEXATIONS.
The flood insurance rate map panels adopted by reference into section § 152.04 may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation.
(Ord. passed - -)
§ 152.10 ESTABLISHMENT OF FLOODPLAIN DISTRICT.
(A) Areas included. The Floodplain District for the city includes those areas designated as Zone A on the flood insurance rate maps adopted in section § 152.04. The Floodplain District is an overlay district to all existing land use districts. The requirements of this chapter apply in addition to other legally established regulations of the community. Where this chapter imposes greater restrictions, the provisions of this chapter apply.
(B) 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 chapter and other applicable regulations. Within the Floodplain District, all uses not listed as permitted uses in § 152.11 are prohibited.
(Ord. passed - -) Penalty, see § 10.99
§ 152.11 PERMITTED USES.
(A) Generally.
(1) The following uses are permitted within the Floodplain District without a permit provided; that, they are allowed in any underlying zoning district and not prohibited by any other ordinance; and provided; that they do not require structures, fill, obstructions, excavations, drilling operations, storage of materials or equipment, or any other form of development as defined in § 152.08. If the use does require fill, obstruction, excavation, storage of materials or any other form of development as defined in section § 152.08, a permit and compliance with division (B) below is required.
(2) The permit requirement may be waived if there is an application for a public waters work permit from the Department of Natural Resources:
(a) Agricultural uses such as general farming, pasture, grazing, forestry, sod farming, and wild crop harvesting. Farm fences that do not obstruct flood flows are permitted;
(b) Outdoor plant nurseries and horticulture;
(c) Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife, and nature preserves, game farms, shooting preserves, target ranges, hunting and fishing areas, and single or multiple purpose recreational trails;
(d) Lawns, gardens, parking areas, and play areas; and
(e) Railroads, roads, bridges, utility transmission lines, pipelines, and other public utilities, provided; that the Department of Natural Resources is notified at least ten days prior to issuance of any permit.
(B) Standards for permitted uses.
(1) The use must have low flood damage potential.
(2) The use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. This provision applies to structures (temporary or permanent), fill (including fill for roads and levees), deposits, obstructions, storage of materials or equipment, and all other uses.
(3) Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(4) Public utilities, roads, railroad tracks and bridges to be located within the floodplain must be designed in accordance with section divisions (B)(2) and (B)(3) above, or must obtain a conditional letter of map revision meeting the requirements of 44 C.F.R. § 60.3(d).
(a) When failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, such facilities must be elevated to the regulatory flood protection elevation.
(b) Where failure or interruption of service would not endanger public health or safety, minor or auxiliary roads, railroads or utilities may be constructed at a lower elevation.
(5) New or replacement water supply systems and sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(Ord. passed - -)
§ 152.12 NONCONFORMITIES.
(A) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions.
(1) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its nonconformity. There shall be no expansion to the outside dimensions of any portion of a nonconforming structure located within the Floodplain District.
(2) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure may not exceed 50% of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of the structure, then the structure must meet the standards of division (B) below.
(3) 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 chapter. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year.
(4) If any nonconformity is substantially damaged, as defined in section § 152.08, it may not be reconstructed unless it is located in the flood fringe portion of the floodplain and it is reconstructed in accordance with the standards of division (B) below.
(5) Any substantial improvement, as defined in section § 152.09, to a nonconforming structure, then the existing nonconforming structure must be located in the flood fringe portion of the floodplain and meet the requirements of division (B) below.
(B) Standards for reconstruction of nonconforming structures. The following standards and procedures apply to nonconforming structures in the flood fringe portion of the floodplain, as allowed under division (A) above.
(1) All structures, including manufactured homes, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one foot below the regulatory flood protection elevation and the fill shall extend at such elevation at least 15 feet beyond the outside limits of the structure.
(2) Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover, or other acceptable method.
(3) Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(4) 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 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.
(5) (a) 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.
(b) 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 section.
(6) The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this chapter. Flood-proofing measures must be certified by a registered professional engineer or registered architect.
(7) The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are flood-proofed.
(Ord. passed - -)
§ 152.13 AMENDMENTS.
(A) Floodplain designation; restrictions on removal.
(1) The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain.
(2) Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use.
(B) Amendments require DNR and FEMA approval. All amendments to this chapter must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner of the DNR must approve the amendment prior to community approval.
(C) Map amendments require ordinance amendments The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 152.04.
(Ord. passed - -)
§ 152.14 ENFORCEMENT.
(A) Lawful action.
(1) Nothing in this chapter restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(2) If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this chapter and will be prosecuted accordingly.
(B) Enforcement.
(1) In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party.
(2) The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program.
(Ord. passed - -)
§ 152.25 ZONING ADMINISTRATOR.
A Zoning Administrator or other official designated by the City Council must administer and enforce this chapter.
(Ord. passed - -)
§ 152.26 DEVELOPMENT APPROVALS.
(A) Any construction, enlargement, alteration, repair, improvement, moving, or demolition of any building or structure must comply with the requirements of this chapter.
(Ord. passed - -)
§ 152.27 PERMIT REQUIRED.
A permit must be obtained from the Zoning Administrator prior to conducting the following activities:
(B) Any use that requires fill, obstruction, excavation, storage of materials, or any other form of development as defined in § 152.08;
(C) Permit applications must be submitted to the Zoning Administrator on forms provided for that purpose and shall include the following where applicable: plans 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; and
(D) Prior to granting a permit, the Zoning Administrator must verify that the applicant has obtained all necessary state and federal permits.
(Ord. passed - -)
§ 152.28 VARIANCES.
(A) An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and Ch. 150.
(B) A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(C) The following additional variance criteria of the Federal Emergency Management Agency must be met.
(1) Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Variances may only be issued by a community upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(c) 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.
(3) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(D) The City Council must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least ten days’ notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(E) A copy of all decisions granting variances must be forwarded to the Commissioner of the Department of Natural Resources within ten days of such action. The notice may be sent by electronic mail or U.S. mail to the respective DNR area hydrologist.
(F) The Zoning Administrator must notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts an amount set by the City Council from time to time of insurance coverage; and
(2) Such construction below the base or regional flood level increases risks to life and property.
(G) The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency.
(Ord. passed - -)
§ 152.29 NOTIFICATIONS FOR WATERCOURSE ALTERATIONS.
(A) Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities.
(B) If the applicant has applied for a permit to work in public waters pursuant to M.S. Ch. 103G.245, as it may be amended from time to time, this will suffice as adequate notice.
(C) A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency.
(Ord. passed - -)
§ 152.30 NOTIFICATION TO FEMA WHEN PHYSICAL CHANGES INCREASE OR DECREASE BASE FLOOD ELEVATIONS.
As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(Ord. passed - -)