Jordan City Zoning Code
FLOODPLAIN DISTRICTS
§ 154.500 STATUTORY AUTHORIZATION.
This floodplain subchapter is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F; Minnesota Rules, Parts 6120.5000 - 6120.6200; the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations, Parts 59 -78; and the planning and zoning enabling legislation in M.S. Chapter 462.
(Ord. 2020-09, passed 1-4-2021)
§ 154.501 STATEMENT OF PURPOSE.
(A) This subchapter regulates development in the flood hazard areas of the City of Jordan. The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these losses and disruptions.
(B) This subchapter is adopted to maintain the community's eligibility in the National Flood Insurance Program.
(C) This subchapter 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. 2020-09, passed 1-4-2021)
§ 154.502 LANDS TO WHICH SUBCHAPTER APPLIES.
(A) The Floodway and Flood Fringe Districts are overlay districts superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(B) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the base flood elevations shall be the governing factor in locating the outer boundaries of the 1% annual chance floodplain.
(C) 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. 2020-09, passed 1-4-2021)
§ 154.503 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 subchapter. The attached material includes the Flood Insurance Study for Scott County, Minnesota, and Incorporated Areas, dated February 12, 2021 and the Flood Insurance Rate map panels enumerated below, dated February 12, 2021, all prepared by the Federal Emergency Management Agency. These materials are on file in City Hall.
"Flood Insurance Study: Scott County, Minnesota and Incorporated Areas"
Map Number 27139CIND0A
Map Number 27139C0117E
Map Number 27139C0119E
Map Number 27139C0136E
Map Number 27139C0138E
(Ord. 2020-09, passed 1-4-2021)
§ 154.504 ABROGATION AND GREATER RESTRICTIONS.
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. 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. 2020-09, passed 1-4-2021)
§ 154.505 WARNING AND DISCLAIMER OF LIABILITY.
This subchapter 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 subchapter does not create liability on the part of the City of Jordan or its officers or employees for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.
(Ord. 2020-09, passed 1-4-2021)
§ 154.506 SEVERABILITY.
If any section, clause, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall remain in full force.
(Ord. 2020-09, passed 1-4-2021)
§ 154.507 ANNEXATIONS.
The Flood Insurance Rate Map panels adopted by reference into § 154.503 above may include floodplain areas that lie outside of the corporate boundaries of the City of Jordan at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the City of Jordan 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. 2020-09, passed 1-4-2021)
Zoning Districts
§ 154.508 ESTABLISHMENT OF DISTRICTS.
(A) Floodway District. Those areas within Zones AE delineated within floodway areas as shown on the Flood Insurance Rate Maps adopted in § 154.503.
(B) Flood Fringe District. Those areas within Zones AE on the Flood Insurance Rate Maps adopted in § 154.503, but located outside of the floodway.
(C) General Floodplain District. Those areas within Zone A and AE areas that do not have a floodway delineated as shown on the Flood Insurance Rate Maps adopted in § 154.503.
(Ord. 2020-09, passed 1-4-2021)
§ 154.509 APPLICABILITY.
Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in §§ 154.512 or 154.513 will apply, depending on the location of a property. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Section 154.514 of this subchapter will be amended with General Floodplain district provisions in the event the City of Jordan acquires such land.
(Ord. 2020-09, passed 1-4-2021)
§ 154.510 PERMITS REQUIRED.
A permit must be obtained from the Zoning Administrator to verify if a development meets all applicable standards outlined in this subchapter prior to conducting the following activities:
(A) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as in § 154.020 of this chapter.
(B) The construction of a dam, on-site septic system, or any fence not meeting the definition of a farm fence outlined in § 154.020 of this chapter.
(C) The change or extension of a nonconforming use.
(D) The repair of a structure that has been damaged by flood, fire, tornado, or any other source.
(E) The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain.
(F) Relocation or alteration of a watercourse (including stabilization projects or the construction of new or replacement culverts and bridges), unless a public waters work permit has been obtained from the Department of Natural Resources.
(G) Any other type of "development" as defined in this chapter.
(Ord. 2020-09, passed 1-4-2021)
§ 154.511 MINIMUM DEVELOPMENT STANDARDS.
(A) All new development must be:
(1) Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) Constructed with materials and equipment resistant to flood damage.
(3) Constructed by methods and practices that minimize flood damage.
(4) Constructed with electrical, heating, ventilation, ductwork, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(5) Reasonably safe from flooding and consistent with the need to minimize flood damage within the flood-prone area.
(6) Assured to provide adequate drainage to reduce exposure to flood hazards.
(B) Floodplain developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system.
(C) 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 flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the waters, as defined in M.S. § 115.01, if subject to flooding are prohibited unless adequate safeguards approved by the state water pollution control agency are provided.
(Ord. 2020-09, passed 1-4-2021)
§ 154.512 FLOODWAY DISTRICT (FW).
(A) Permitted uses. The following uses, subject to the standards set forth below, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:
(1) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, sod farming and wild crop harvesting.
(2) Loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.
(3) Open space uses including, but not limited to, private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails.
(4) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures and navigational facilities that satisfy Minnesota Rules, 6115.0211.
(5) Grading and extraction of soil, sand, gravel, and other materials for purposes other than stabilization projects.
(6) Residential yards, lawns, gardens, parking areas and play areas provided these uses do not include associated accessory structures.
(7) Grading or land alterations associated with stabilization projects.
(8) Storage yards for equipment, machinery, or materials.
(9) 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.
(B) Standards for floodway permitted uses. In addition to the applicable standards outlined in § 154.511:
(1) The use must have a low flood damage potential.
(2) The use must not involve structures.
(3) The use must not obstruct flood flows, or increase velocities, stages, or flood damages, as certified by a registered professional engineer.
(4) Development that will change the course, current or cross section of protected wetlands or public waters is required to obtain a public waters work permit in accordance with M.S. § 103G.245 or a utility crossing license in accordance with M.S. § 84.415, from the Department of Natural Resources, or demonstrate that no permit is required, before applying for a local permit.
(5) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of 4 upon occurrence of the base flood.
(C) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 154.523 of this subchapter and further subject to the standards set forth below in this section if otherwise allowed in the underlying zoning district.
(2) Fill and storage of soil, sand, gravel, and other materials for purposes other than stabilization projects.
(3) Fences that have the potential to obstruct flood flows.
(1) Fill; storage of materials and equipment:
(a) Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by the use of mulches or similar materials, with permanent vegetative cover established as soon as possible. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.
(b) Temporary placement of fill, other materials or equipment that would cause an increase to the stage of the base flood may only be allowed if the City of Jordan has approved a plan which assures the removal of the materials from the floodway based upon the flood warning time available.
(2) Accessory structures. Accessory structures, as identified above, may be permitted, provided that:
(a) Structures shall not be designed for human habitation;
(b) Structures will have a low flood damage potential;
(c) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;
(d) Structures must be elevated on fill or structurally dry floodproofed and watertight to the regulatory flood protection elevation. Certifications consistent with § 154.521 shall be required.
(e) As an alternative, an accessory structure may be floodproofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of 2 openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, have a net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention. A floodproofing certification consistent with § 154.521 shall be required.
(f) A levee, dike or floodwall constructed in the floodway shall not cause an increase in the base flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.
(Ord. 2020-09, passed 1-4-2021)
§ 154.513 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) that comply with the below standards.
(B) Standards for flood fringe permitted uses. In addition to the applicable standards outlined in § 154.512:
(1) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation (RFPE). The finished fill elevation for structures must be no lower than 1 foot below the regulatory flood protection elevation (RFPE). Fill for residential structures 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 community.
(2) Accessory structures. As an alternative to the fill requirements above, any enclosed structures accessory to the uses identified in the above permitted uses must meet the following provisions:
(a) Accessory structures shall constitute a minimal investment not to exceed 576 square feet in size, and only be used for parking and storage.
(b) Accessory structures must allow for the equalization of hydrostatic pressure by accommodating for the inundation of floodwaters. There shall be a minimum of 2 openings on at least 2 sides of the structure and the bottom of all openings shall be no higher than 1 foot above grade. The openings shall have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding, and shall allow automatic entry and exit of floodwaters without human intervention.
(3) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with this section above.
(4) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.
(5) All new principal structures must have vehicular access at or above an elevation not more than 2 feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City of Jordan.
(6) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of 4 upon occurrence of the base flood.
(7) Manufactured homes and recreational vehicles must also meet the standards of § 154.126 of this subchapter.
(C) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in § 154.523 of this subchapter and further subject to the standards set forth below, if otherwise allowed in the underlying zoning district(s):
(1) The placement of floodproofed nonresidential basements below the regulatory flood protection elevation.
(2) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with this section.
(3) The use of methods other than fill to elevate structures above the regulatory flood protection elevation. This includes the use of: stilts, pilings, filled stem walls, or above-grade, internally flooded enclosed areas such as crawl spaces or tuck under garages, meeting the standards of alternative elevation methods in this section below.
(1) The standards for permitted uses in the flood fringe, listed in this section, apply to all conditional uses.
(2) Residential basements, as defined in § 154.020, are not allowed below the RFPE.
(3) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be structurally dry floodproofed, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with § 154.521 shall be required.
(4) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan.
(a) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the base flood event.
(b) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the (community).
(c) The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists.
(5) 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. 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 1 side of the structure; 2) it is designed to internally flood; and 3) it is used solely for parking of vehicles, building access or storage. These alternative elevation methods are subject to the following additional standards:
(a) Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and include a minimum of 2 openings on at least 2 sides of the structure. The bottom of all openings shall be no higher than 1 foot above grade, and have a minimum net area of not less than 1 square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice.
(b) Floodproofing certifications consistent with § 154.520 shall be required. The structure shall be subject to a deed-restricted nonconversion agreement with the issuance of any permit.
(Ord. 2020-09, passed 1-4-2021)
§ 154.514 RESERVED.
Other Standards
§ 154.515 SUBDIVISION STANDARDS.
(Ord. 2020-09, passed 1-4-2021)
§ 154.516 MANUFACTURED HOMES.
Manufactured homes and manufactured home parks are subject to applicable standards for each floodplain district. In addition:
(A) New and replacement manufactured homes must be elevated in compliance with § 154.513 of this subchapter 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. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces.
(B) New manufactured home parks and expansions to existing manufactured home parks must meet the appropriate standards for subdivisions in Chapter 153. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in § 153.10 (B).
(Ord. 2020-09, passed 1-4-2021)
§ 154.517 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:
(A) Meet the requirements for manufactured homes in § 154.516; or
(B) Be travel ready, meeting the following criteria:
(1) The vehicle must have a current license required for highway use;
(2) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks;
(3) No permanent structural type additions may be attached to the vehicle; and
(Ord. 2020-09, passed 1-4-2021)
§ 154.518 UTILITIES.
All utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be elevated to the regulatory flood protection elevation (RFPE) or located and constructed to minimize or eliminate flood damage, such as via burial of the facilities. Fuel storage tanks must be constructed to minimize or eliminate flood damage, including but not limited to provisions to prevent such structures from floating and causing downstream damage.
(Ord. 2020-09, passed 1-4-2021)
§ 154.519 PUBLIC TRANSPORTATION FACILITIES.
Railroad tracks, roads, and bridges to be located within the floodplain must comply with §§ 154.512 and 154.513 of this subchapter. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety.
(Ord. 2020-09, passed 1-4-2021)
§ 154.520 ON-SITE WATER SUPPLY AND SEWAGE TREATMENT 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 are subject to the provisions in Minnesota Rules, Part 4725.4350, as amended; 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, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules, Part 7080.2270, as amended.
(Ord. 2020-09, passed 1-4-2021)
Administration
§ 154.521 PERMIT APPLICATION REQUIREMENTS.
(A) Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable:
(1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit.
(2) Location of fill or storage of materials in relation to the stream channel.
(3) Copies of any required municipal, county, state or federal permits or approvals.
(4) Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application.
(B) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this subchapter. An elevation certificate matching FEMA Form 086-0-33 (most updated version) must be provided to the city prior to any structure being occupied or used in any manner. Floodproofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable floodproofing standards in the State Building Code. Accessory structures designed in accordance with § 154.513 of this subchapter are exempt from certification, provided sufficient assurances are documented. A registered professional engineer is required to certify that any development in established floodways must not cause any increase in flood elevations, and development in the general floodplain district will not cumulatively increase flood stages more than ½ foot, or less if increased damages would result.
(C) Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this chapter.
(D) Recordkeeping of certifications and as-built documentation. The Zoning Administrator must maintain records in perpetuity documenting:
(1) All certifications referenced above in this section as applicable.
(2) Elevations complying with § 154.513 of this subchapter. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations to structures are constructed or floodproofed.
(E) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(Ord. 2020-09, passed 1-4-2021)
§ 154.522 VARIANCES.
(A) Variance applications. An application for a variance to the provisions of this subchapter will be processed and reviewed in accordance with applicable State Statutes and § 154.048 of this zoning chapter.
(B) Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law.
(C) Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied:
(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.
(D) Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(E) Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: 1) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.
(F) General considerations. The community may consider the following variables, and consider imposing conditions on variances and conditional uses:
(1) The potential danger to life and property due to increased flood heights or velocities caused by encroachments.
(2) The danger that materials may be swept onto other lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions.
(4) The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner.
(5) The importance of the services to be provided by the proposed use to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of viable alternative locations for the proposed use that are not subject to flooding.
(8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9) The relationship of the proposed use to the comprehensive land use plan and floodplain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(G) Submittal of hearing notices to the Department of Natural Resources. The Zoning Administrator must submit hearing notices for proposed variances to the Department of Natural Resources sufficiently in advance to provide at least 10 days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.
(H) Submittal of final decisions to the Department of Natural Resources. A copy of all decisions granting variances must be forwarded to the Department of Natural Resources within 10 days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.
(I) Record-keeping. 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. 2020-09, passed 1-4-2021)
§ 154.523 CONDITIONAL USES.
(A) Administrative review. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 154.047 of this zoning chapter.
(B) Factors used in decision-making. In passing upon conditional use applications, the City of Jordan must consider all relevant factors specified in this zoning chapter, and those factors identified in § 154.522 above.
(C) Conditions attached to conditional use permits. In addition to the standards identified in §§ 154.512 and 154.513, the City of Jordan may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this chapter. Such conditions may include, but are not limited to, the following:
(1) Limitations on period of use, occupancy, and operation.
(2) Imposition of operational controls, sureties, and deed restrictions.
(3) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures.
(D) Submittal of hearing notices to the Department of Natural Resources. The Zoning Administrator must submit hearing notices for proposed conditional uses to the Department of Natural Resources sufficiently in advance to provide at least 10 days' notice of the hearing. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.
(E) Submittal of final decisions to the Department of Natural Resources. A copy of all decisions granting conditional uses must be forwarded to the Department of Natural Resources within 10 days of such action. The notice may be sent by electronic mail or U.S. mail to the respective area hydrologist.
(Ord. 2020-09, passed 1-4-2021)
§ 154.524 CONTINUANCE OF NONCONFORMITIES.
A use, structure, or occupancy of land which was lawful before the effective date of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions. Historic structures, as defined in § 154.020 of this chapter, are subject to the provisions below.
(A) A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided below in this section. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited.
(B) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques allowable in the State Building Code, except as further restricted below in this section.
(C) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than 1 year, any future use of the premises must conform to this subchapter.
(D) If any structure experiences a substantial improvement, as defined in § 154.020, then the entire structure must meet the standards of §§ 154.512 or 154.513 of this subchapter for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the proposed development, including maintenance and repair during the previous 365 days, exceeds 50% of the market value of any nonconforming structure, the entire structure must meet the standards of §§ 154.512 or 154.513 of this subchapter.
(E) If any nonconformity is substantially damaged, as defined in § 154.020, it may not be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for establishing new uses or new structures in §§ 154.512 or 154.513 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively.
(F) If any nonconforming use or structure experiences a repetitive loss, as defined in § 154.020, it shall be considered substantially damaged and must not be reconstructed except in conformity with the provisions of this chapter.
(Ord. 2020-09, passed 1-4-2021; Am. Ord. 2023-05, passed 8-28-2023)
§ 154.525 VIOLATIONS AND PENALTIES.
(A) Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law.
(B) Other lawful action. Nothing in this chapter restricts the City of Jordan from taking such other lawful action as is necessary to prevent or remedy any violation. 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.
(C) Enforcement. Violations of the provisions of this chapter will be investigated and resolved in accordance with the provisions of § 10.20 of the City Code. In responding to a suspected subchapter violation, the City of Jordan may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Jordan 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. 2020-09, passed 1-4-2021)
§ 154.526 AMENDMENTS.
(A) Floodplain designation; restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Department of Natural Resources if it is determined that, through other measures, lands are adequately protected for the intended use.
(B) Required approval. All amendments to this subchapter must be submitted to and approved by the Department of Natural Resources prior to adoption.
(C) Map revisions require subchapter amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in § 154.503 of this subchapter.
(Ord. 2020-09, passed 1-4-2021)