Mora City Zoning Code

CHAPTER 152

FLOOD PLAIN MANAGEMENT

§ 152.001 STATUTORY AUTHORIZATION.

The legislature of the State of Minnesota has, in M.S. Chapters 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Mora, Minnesota, does ordain the following chapter.

(Ord. 481, passed 2-16-2021)

§ 152.002 FINDINGS OF FACT AND PURPOSE.

(A) This chapter regulates development in the flood hazard areas of the City of Mora. 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) National Flood Insurance Program Compliance. This chapter 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.

(C) This chapter is also intended to preserve the natural characteristics and functions of watercourses and flood plains 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. 481, passed 2-16-2021)

§ 152.010 LANDS TO WHICH CHAPTER APPLIES.

This chapter applies to all lands within the jurisdiction of the City of Mora within the boundaries of the Floodway, Flood Fringe and General Flood Plain Districts. The boundaries of these districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with § 152.021.

(A) The Floodway, Flood Fringe and General Flood Plain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.

(B) Where a conflict exists between the flood plain limits illustrated on the official flood plain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory flood plain limits.

(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. 481, passed 2-16-2021)

§ 152.011 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 chapter:

(A) Flood insurance studies.

(1) Kanabec County, Minnesota and Incorporated Areas, dated May 1978.

(2) City of Mora, Kanabec County, dated September 1977.

(B) Flood Insurance Rate Map panels.

(1) Kanabec County Panel 2702140200A, dated November 1, 1978.

(2) City of Mora Panel 2702160001B, dated September 1, 1977.

(1) City of Mora Panel 270216001, dated September 1, 1977.

(D) City of Mora Flood Prone Areas Map.

(E) These materials are on file in the offices of the City of Mora Community Development Department.

(Ord. 481, passed 2-16-2021)

§ 152.012 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. 481, passed 2-16-2021)

§ 152.013 WARNING AND DISCLAIMER OF LIABILITY.

This chapter 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 chapter does not create liability on the part of the City of Mora or its officers or employees for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

(Ord. 481, passed 2-16-2021)

§ 152.014 SEVERABILITY.

If any section, clause, provision, or portion of this chapter 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. 481, passed 2-16-2021)

§ 152.015 DEFINITIONS.

Unless specifically defined below, words or phrases used in this chapter must be interpreted according to common usage and so as to give this chapter its most reasonable application.

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.

BASE FLOOD. The flood having a one percent (1%) chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance study.

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

CONDITIONAL USE. 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:

(1) Certain conditions as detailed in the Zoning Code exist, and

(2) The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood.

CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

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.

FARM FENCE. An open type of fence of posts and horizontally run wire, further defined by M.S. § 344.02, Subd. l(a)-(d), and 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 regulated as structures under this chapter.

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.

FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded.

FLOOD FRINGE. The portion of the Special Flood Hazard Area (one percent (1%) annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study.

FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

FLOOD PRONE AREA. Any land susceptible to being inundated by water from any source, as identified by the city flood prone map, or as determined by the local zoning administrator or City Engineer.

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.

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

FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3.

MANUFACTURED HOME. A structure, transportable in one (1) or more sections, which when erected on site is three hundred and twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a single family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term MANUFACTURED HOME does not include the term RECREATIONAL VEHICLE.

NEW CONSTRUCTION. Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this chapter.

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.

ONE HUNDRED YEAR FLOOD PLAIN. Lands inundated by the REGIONAL FLOOD (see definition).

PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures.

REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach.

RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is four hundred (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 one percent (1%) chance or one hundred (100)-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one (1) 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.

REPETITIVE LOSS. Flood related damages sustained by a structure on two (2) separate occasions during a ten (10)-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "One Hundred Year Flood Plain."

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

STRUCTURE. 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, decks, manufactured homes, recreational vehicles not considered travel ready as detailed in § 152.101(B) of this chapter and other similar items.

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 fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Within any consecutive three hundred and sixty-five (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 fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage,"regardless of the actual repair work performed. The term does not, however, include either:

(1) 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

(2) 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 Code of Federal Regulations, Part 59.1.

(Ord. 481, passed 2-16-2021)

§ 152.016 ANNEXATIONS.

The Flood Insurance Rate Map panels adopted by reference into § 152.011 above may include flood plain areas that lie outside of the corporate boundaries of the City of Mora at the time of adoption of this chapter. If any of these flood plain land areas are annexed into the City of Mora after the date of adoption of this chapter, the newly annexed flood plain lands will be subject to the provisions of this chapter immediately upon the date of annexation.

(Ord. 481, passed 2-16-2021)

§ 152.020 DISTRICTS.

(A) Floodway District. The Floodway District includes those areas within Zones A10, A11 delineated within floodway areas as shown on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps adopted in § 152.011. For lakes, wetlands and other basins, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in M.S. § 103G.005, Subd. 14.

(B) Flood Fringe District. The Flood Fringe District includes areas within Zones A10, A11 on the Flood Insurance Rate Map and Flood Boundary and Floodway Maps adopted in § 152.011, but located outside of the floodway. For lakes, wetlands and other basins, the Flood Fringe District also includes areas mapped in Zones A or A10, which are below the one percent (1%) annual chance (100-year) flood elevation but above the ordinary high water level as defined in M.S. § 103G.005, Subd. 14.

(C) General Flood Plain District. The General Flood Plain District includes those areas within Zone A that do not have a floodway delineated as shown on the Flood Insurance Rate Map adopted in § 152.011.

(D) Flood Prone District. The Flood Prone District includes those areas that are outside of Zones A, A10, and A11 as shown on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps, but are identified as Flood Prone on the City of Mora Flood Prone Areas Map adopted in § 152.011. Only that portion of property identified on the map as being flood prone shall be designated as such and shall be subject to § 152.070; and, any portion of the same property which is not identified as being flood prone shall not be subject to § 152.070.

(Ord. 481, passed 2-16-2021)

§ 152.021 APPLICABILITY.

Where Floodway and Flood Fringe Districts are delineated on the flood plain maps, the standards in §§ 152.040 et seq. will apply, depending on the location of a property. Locations where Floodway and Flood Fringe Districts are not delineated on the flood plain maps are considered to fall within the General Flood Plain District. Within the General Flood Plain District, the Floodway District standards in §§ 152.040-152.043 apply unless the floodway boundary is determined, according to the process outlined in § 152.061. In no cases shall flood plain development adversely affect the efficiency or unduly restrict or reduce the capacity of the channels of floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems.

(Ord. 481, passed 2-16-2021)

§ 152.030 MINIMUM DEVELOPMENT STANDARDS.

All new construction and substantial improvements must be:

(A) 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;

(B) Constructed with materials and utility equipment resistant to flood damage;

(D) 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.

(Ord. 481, passed 2-16-2021)

§ 152.031 FLOOD CAPACITY.

Flood plain developments must not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system.

(Ord. 481, passed 2-16-2021)

§ 152.032 STORAGE AND PROCESSING OF MATERIALS.

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.

(Ord. 481, passed 2-16-2021)

§ 152.033 CRITICAL FACILITIES.

Critical facilities, as defined in § 152.015, are to be located, so that the lowest floor is not less than two (2) feet above the regional flood elevation, or the five hundred (500)-year flood elevation, whichever is higher.

(Ord. 481, passed 2-16-2021)

§ 152.040 PERMITTED USES.

The following uses, subject to the standards set forth in § 152.041, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district:

(A) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture, forestry, sod farming, and wild crop harvesting.

(B) Industrial and commercial loading areas, parking areas, streets, trails, airport landing strips, railroads, bridges, culverts, utility transmission lines and pipelines.

(C) 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.

(D) Residential yards, lawns, gardens, parking areas, and play areas, provided these uses do not include associated accessory structures.

(E) Grading or land alterations associated with stabilization projects.

(Ord. 481, passed 2-16-2021)

§ 152.041 STANDARDS FOR FLOODWAY PERMITTED USES.

(A) The use must have a low flood damage potential.

(B) The use must not involve structures or obstruct flood flows. The use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

(C) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four (4) upon occurrence of the regional one percent (1%) chance flood.

(Ord. 481, passed 2-16-2021)

§ 152.042 CONDITIONAL USES.

The following uses may be allowed as conditional uses following the standards and procedures set forth in § 152.113 of this chapter and further subject to the standards set forth in § 152.043, if otherwise allowed in the underlying zoning district.

(A) Structures accessory to primary uses listed in § 152.040(A) through (C) above and primary uses listed in § 152.042(B) through (C) below.

(B) Extraction, fill and storage of soil, sand, gravel, and other materials.

(D) Storage yards for equipment, machinery, or materials.

(E) Fences that have the potential to obstruct flood flows.

(F) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten (10)-year frequency flood event.

(Ord. 481, passed 2-16-2021)

§ 152.043 STANDARDS FOR FLOODWAY CONDITIONAL USES.

(A) A conditional use must not cause any increase in flood damages, nor any increase in flood elevations in areas where a floodway has been established, as certified by a registered professional engineer.

(B) Fill; Storage of materials and equipment.

(1) Fill, dredge spoil, and other similar materials deposited or stored in the flood plain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan.

(2) Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the one percent (1%) chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available.

(1) Structures are not intended for human habitation;

(2) Structures will have a low flood damage potential;

(3) Structures will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters;

(4) Structures must be elevated on fill or structurally dry flood proofed and watertight to the regulatory flood protection elevation. Certifications consistent with § 152.111(C) shall be required;

(5) As an alternative, an accessory structure may be flood proofed in a way to accommodate internal flooding. To allow for the equalization of hydrostatic pressure, there shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one (1) foot above grade. The openings shall have a minimum net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding, have a net area of not less than one (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 § 152.111(C) shall be required.

(D) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245.

(E) A levee, dike or floodwall constructed in the floodway must not cause an increase to the one percent (1%) chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream.

(Ord. 481, passed 2-16-2021)

§ 152.050 PERMITTED USES.

Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in § 152.051. If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance.

(Ord. 481, passed 2-16-2021)

§ 152.051 STANDARDS FOR FLOOD FRINGE PERMITTED USES.

(A) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one (1) foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least fifteen (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.

(B) Accessory structures. As an alternative to the fill requirements of division (A) above, structures accessory to the uses identified in § 152.050 may be designed to accommodate the inundation of floodwaters, meeting the following provisions:

(1) The accessory structure constitutes a minimal investment and satisfy the development requirements in § 152.031.

(2) Any enclosed accessory structure shall not exceed five hundred and seventy-six (576) square feet in size, and only be used for parking and storage. Any such structure shall be designed and certified by a registered professional engineer, or be designed in accordance with the following floodproofing standards:

(a) To allow for the equalization of hydrostatic pressure, there shall be a minimum of two (2) openings on at least two (2) sides of the structure and the bottom of all openings shall be no higher than one (1) foot above grade. The openings shall have a minimum net area of not less than one (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.

(C) The cumulative placement of fill or similar material on a parcel must not exceed one thousand (1,000) cubic yards, unless the fill is specifically intended to elevate a structure in accordance with (A) above, or if allowed as a conditional use under § 152.052(C) below.

(D) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters.

(E) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method.

(F) 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, or must have a flood warning/emergency evacuation plan acceptable to the City Council.

(G) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four (4) upon occurrence of the regional one percent (1%) chance flood.

(H) Manufactured homes and recreational vehicles must meet the standards of §§ 152.100 and 152.101 of this chapter.

(Ord. 481, passed 2-16-2021)

§ 152.052 CONDITIONAL USES.

The following uses may be allowed as conditional uses following the standards and procedures set forth in § 152.113 of this chapter and further subject to the standards set forth in § 152.053, if otherwise allowed in the underlying zoning district(s).

(A) The placement of flood proofed nonresidential basements below the regulatory flood protection elevation. Residential basements, are not allowed below the regulatory flood protection elevation.

(B) The cumulative placement of more than one thousand (1,000) cubic yards of fill when the fill is not being used to elevate a structure in accordance with § 152.051(A) of this chapter.

(C) 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 in § 152.053(E).

(Ord. 481, passed 2-16-2021)

§ 152.053 STANDARDS FOR FLOOD FRINGE CONDITIONAL USES.

(A) The standards for permitted uses in the flood fringe, listed in § 152.051(C) through (H), apply to all conditional uses.

(B) All areas of non-residential structures, including basements, to be placed below the regulatory flood protection elevation must be flood proofed in accordance with classifications in the State Building Code. Structurally dry flood proofing must meet the FP1 or FP2 flood proofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A floodproofing certification consistent with § 152.111(C) shall be required.

(C) The placement of more than one thousand (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.

(1) The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional one percent (1%) chance flood event.

(2) The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council.

(3) The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists.

(D) 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 one (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.

(E) These alternative elevation methods are subject to the following additional standards:

(1) Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and include a minimum of two (2) openings on at least two (2) sides of the structure. The bottom of all openings shall be no higher than one (1) foot above grade, and have a minimum net area of not less than one (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.

(2) Floodproofing certifications consistent with § 152.111(C) shall be required. The structure shall be subject to a deed-restricted non-conversion agreement with the issuance of any permit.

(Ord. 481, passed 2-16-2021)

§ 152.060 PERMITTED USES.

(A) The uses listed in § 152.040 of this chapter, Floodway District Permitted Uses, are permitted uses.

(B) All other uses are subject to the floodway/flood fringe evaluation criteria specified in § 152.061 below. Sections 152.040 et seq. apply if the proposed use is determined to be in the Floodway District. Sections 152.050 et seq. apply if the proposed use is determined to be in the Flood Fringe District.

(Ord. 481, passed 2-16-2021)

§ 152.061 PROCEDURES FOR DETERMINING FLOODWAY BOUNDARIES AND REGIONAL FLOOD ELEVATIONS.

(A) Requirements for detailed studies. Developments greater than fifty (50) lots or five (5) acres, or as requested by the Community Development Director, shall be subject to a detailed study to determine the regulatory flood protection elevation and the limits of the Floodway District. The determination of the floodway and flood fringe must be consistent with accepted hydrological and hydraulic engineering standards, and must include the following components, as applicable:

(1) Estimate the peak discharge of the regional one percent chance (1%) flood.

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

(3) Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than one-half (0.5) foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries, unless development or geographic features warrant other analysis, as approved by the Department of Natural Resources.

(B) Alternative methods. For areas where a detailed study is not available or required, the regional flood elevation must be identified to determine the boundaries of the special flood hazard area. The Community Development Director must use the best available data to determine the regional flood elevation. The entire flood plain must be treated as floodway until there is a floodway determination.

(1) In those areas of the Special Flood Hazard Area where the floodway has not been determined, allowable uses are restricted to those identified in §§ 152.040 and 152.042. The proposed development must not increase flood stages more than one-half (0.5) foot, as determined by a professional engineer or by using accepted engineering practices approved by the Community Development Director. A stage increase less than one-half (0.5) foot must be used if increased flood damages would result.

(2) If buildings or other development prohibited in floodways are proposed, a floodway/flood fringe determination is required to verify the development is within the flood fringe. The floodway/flood fringe determination must be done by a professional engineer or by using other accepted engineering practices approved by the Community Development Director. Any such proposal must assume a one-half (0.5) foot stage increase for the purposes of determining the regulatory flood protection elevation to accommodate for future cumulative impacts.

(C) The Community Development Director will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Community Development Director may seek technical assistance from an engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Community Development Director may approve or deny the application.

(D) Once the Floodway and Flood Fringe District boundaries have been determined, the Community Development Director must process the permit application consistent with the applicable provisions of §§ 152.040 through 152.053 of this chapter.

(Ord. 481, passed 2-16-2021)

§ 152.070 FLOOD PRONE AREAS.

If a proposed building site is in a flood prone area, it is recommended that all new construction and improvements be designed (or modified) to:

(A) Minimize flood damage within the flood prone area.

(B) Locate and construct all utilities and facilities, such as sewer, gas, electrical, and water systems, to minimize or eliminate flood damage.

(D) Anchor any structure to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(E) Incorporate materials and utility equipment resistant to flood damage.

(F) Use methods and practices that minimize flood damage.

(G) Incorporate electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(Ord. 481, passed 2-16-2021)

§ 152.071 PROCEDURES FOR AMENDMENT TO DESIGNATION AND MAP.

(A) The flood prone designation on the City of Mora Flood Prone Areas Map must not be removed unless it can be shown that the designation is in error or that conditions have changed resulting from development or flood control and drainage projects and it can be demonstrated that the land is no longer susceptible to being inundated by water from any source. Special exceptions to this rule may be permitted by the City of Mora if it is determined that, through other measures, lands are adequately protected for the intended use.

(B) The City of Mora may, from time to time or upon request, review the City of Mora Flood Prone Areas Map in order to adjust for changed conditions.

(C) An application for map amendment shall be obtained from and submitted to the Community Development Director. All amendments to the map shall be reviewed by the Planning Commission and approved by the City Council.

(Ord. 481, passed 2-16-2021)

§ 152.080 IN GENERAL.

Recognizing that areas susceptible to flood risk may exist outside of the designated flood plain districts, the requirements of this subchapter apply to all land within the city.

(Ord. 481, passed 2-16-2021)

§ 152.081 SUBDIVISIONS.

No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this chapter.

(A) All lots within the flood plain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation.

(B) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two (2) feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional one percent (1%) chance flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation.

(C) 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 must be clearly labeled on all required subdivision drawings and platting documents.

(D) In the General Flood Plain District, applicants must provide the information required in § 152.061 of this chapter to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site.

(E) All proposals must be reviewed to assure that:

(1) All such proposals are consistent with the need to minimize flood damage within any area susceptible to flood risk;

(2) All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and

(3) Adequate drainage is provided to reduce exposure of flood hazard.

(Ord. 481, passed 2-16-2021)

§ 152.082 BUILDING SITES.

If a proposed building site is in a flood prone area, all new construction, including the placement of manufactured homes, must be:

(B) Constructed with materials and utility equipment resistance to flood damage.

(D) Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(E) Approved by the City Engineer.

(Ord. 481, passed 2-16-2021)

§ 152.090 PUBLIC UTILITIES.

All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain must be flood proofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation.

(Ord. 481, passed 2-16-2021)

§ 152.091 PUBLIC TRANSPORTATION FACILITIES.

Railroad tracks, roads, and bridges to be located within the flood plain must comply with §§ 152.040 through 152.053 of this chapter. 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. 481, passed 2-16-2021)

§ 152.092 ON-SITE WATER SUPPLY AND SEWAGE TREATMENT SYSTEMS.

Where public utilities are not provided:

(A) 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 Ch. 4725.4350, as amended.

(B) 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 Ch. 7080.2270, as amended.

(Ord. 481, passed 2-16-2021)

§ 152.100 MANUFACTURED HOMES.

(A) New manufactured home parks and expansions to existing manufactured home parks are prohibited in any flood plain district.

(B) Placement or replacement of manufactured home units is prohibited in the Floodway District.

(Ord. 481, passed 2-16-2021)

§ 152.101 RECREATIONAL VEHICLES.

New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any flood plain district. Recreational vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the flood plain must be travel ready, meeting the following criteria:

(A) The vehicle must have a current license required for highway use.

(B) The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks.

(D) Accessory structures may be permitted in the Flood Fringe District, provided that they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur, and meet the standards outlined in §§ 152.031 and 152.051(B).

(Ord. 481, passed 2-16-2021)

§ 152.110 DUTIES.

The Community Development Director or other official designated by the City Council shall administer and enforce this chapter.

(Ord. 481, passed 2-16-2021)

§ 152.111 PERMIT REQUIREMENTS.

(A) Administrative permit required. An administrative permit must be obtained from the Community Development Director, or his/her designee, or other official designated by the City Council prior to conducting the following activities:

(1) The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof located within any flood plain district. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this chapter.

(2) The use or change of use of a building, structure, or land.

(3) The construction of a dam or fence that blocks flood flows, or on-site septic system (in conjunction with any other permits required by the city).

(4) The change or extension of a non-conforming use.

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

(6) The placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain.

(7) Any other type of development as defined in this section not otherwise considered a conditional use.

(B) Application for administrative permit. Applications for administrative permits must be submitted to the Community Development Director on forms provided by the Community Development Director. Applications shall include the following materials as applicable:

(1) A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the application.

(2) Location of fill or storage of materials in relation to a stream channel.

(3) Copies of any required municipal, county, state, or federal permits or approvals.

(4) Other relevant information requested by the Community Development Director, or his/her designee, as necessary to properly evaluate the permit application.

(C) 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 chapter. Flood proofing measures must be certified by a registered professional engineer or registered architect as being in compliance with applicable flood proofing standards in the State Building Code. Accessory structures designed in accordance with § 152.051(B) of this chapter are exempt from certification, provided sufficient assurances are documented.

(D) 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 Community Development Director, or his/her designee, stating that the use of the building or land conforms to the requirements of this chapter.

(E) Record keeping of first floor elevation, certifications, and as-built documentation. The Community Development Director must maintain records in perpetuity documenting:

(1) The elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Community Development Director shall also maintain a record of the elevations to which structures and alterations or additions to structures are flood proofed.

(2) All certifications referenced in § 152.111(C) of this chapter as applicable.

(3) Elevations complying with § 152.051(A) of this chapter. The Community Development Director must also maintain a record of the elevation to which structures and alterations to structures are constructed or flood proofed.

(F) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Community Development Director, or his/her designee, 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).

(G) Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Community Development Director, or his/her designee, must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data.

(Ord. 481, passed 2-16-2021)

§ 152.112 VARIANCES.

(A) Application for variance. An application for a variance to the provisions of this chapter will be processed and reviewed in accordance with applicable state statutes and § 150.035 of the Zoning Code.

(B) Adherence to state flood plain 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 within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result.

(2) Variances may only be issued upon:

(a) A showing of good and sufficient cause; and

(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) Flood insurance notice. The Community Development Director, or his/her designee, 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 twenty-five dollars ($25) for one hundred dollars ($100) of insurance coverage; and

(2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions.

(E) General considerations. The Planning Commission and City Council shall consider the following factors in granting and imposing conditions on variances to flood plain requirements:

(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 flood plain 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.

(F) Submittal of hearing notices to the Department of Natural Resources (DNR). The Community Development Director, or his/her designee, must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten (10) days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(G) Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten (10) days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.

(H) Record-keeping. The Community Development Director, or his/her designee, 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. 481, passed 2-16-2021)

§ 152.113 CONDITIONAL USES.

(A) Application for conditional use. An application for a conditional use permit under the provisions of this chapter will be processed and reviewed in accordance with § 150.036 of the Zoning Code.

(B) Factors used in decision-making. The Planning Commission and City Council shall consider all relevant factors specified in other sections of this chapter and the following factors in granting and imposing conditions on conditional uses: