Waseca City Zoning Code

FLOODPLAIN MANAGEMENT

OVERLAY DISTRICT

§ 154.034 STATUTORY AUTHORIZATION AND PURPOSE.

(A) Statutory authorization. This floodplain subchapter is adopted pursuant to the authorization and policies contained in M.S. Chapter 103F; Minnesota Rules, Parts 6120.5000 through 6120.6200; the rules and regulations of the National Flood Insurance Program (NFIP) in 44 CFR §§ 59 to 80; and the planning and zoning enabling legislation in M.S. Chapter 462.

(B) The floodplain management regulations are established to promote public health, safety, and general welfare, and to minimize losses caused by the occupancy of floodplain areas by uses vulnerable to floods or that are not designed to minimize flood damage.

(D) Permitted uses in the Floodplain Management Overlay District shall be those uses of land or structures listed as permitted uses in the underlying zoning use district, as listed elsewhere in this chapter.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24; Am. Ord. 1115, passed 4-16-24)

§ 154.035 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. Not all flood risk is mapped. Larger floods do occur, and the flood height may be increased by man-made or natural causes, such as ice jams or bridge openings restricted by debris. This subchapter does not create liability on the part of the City of Waseca or its officers or employees for any flood damages that result from reliance on this subchapter, or any administrative decision lawfully made hereunder.

(Ord. 1113, passed 2-20-24)

§ 154.036 JURISDICTIONS AND DISTRICTS.

(A) 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 Waseca County, Minnesota and Incorporated Areas, and the Flood Insurance Rate Map (FIRM) panels enumerated below, all dated March 27, 2024, and prepared by the Federal Emergency Management Agency (FEMA). These materials are filed in the Engineering Department at City Hall.

(1) 27161C0160C;

(2) 27161C0175C;

(3) 27161C0180C; and

(4) 27161C0200C.

(B) This subchapter applies to all lands under the jurisdiction of the City of Waseca within the floodplain, shown as Zone A on the Flood Insurance Rate Map (FIRM) panels referenced in division (A) above.

(C) The standards imposed in this overlay district are in addition to any other requirements. In case of a conflict, the more restrictive standards will apply.

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

(E) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the city and to submit technical evidence.

(Ord. 1113, passed 2-20-24)

§ 154.037 MINIMUM DEVELOPMENT STANDARDS.

(A) Buildings and structures. No new structures, such as buildings or accessory structures, may be permitted in the regulatory floodplain. Modifications and alterations of nonconforming structures are subject to § 154.039.

(B) Fences. Fences not meeting the definition of farm fences are not permitted.

(1) Railroad tracks, roads, and bridges must be elevated to the regulatory flood protection elevation (RFPE) where such facilities are essential to the orderly functioning of the area, or where failure or interruption would result in danger to public health or safety.

(2) Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger public health or safety.

(3) All public transportation facilities should be designed to minimize increases in flood elevations.

(D) Land alterations. In areas within 25 feet of the ordinary high-water level (OHWL), land alterations shall be restricted to:

(1) The minimum required to accommodate beach and access areas, not to exceed a volume greater than ten cubic yards; and

(2) The minimum required to accommodate for public utilities, roads, railroad tracks, bridges, and shoreline stabilization projects to correct an identified erosion problem, as verified by a qualified resource agency, the Director of Engineering, or designee.

(E) Recreational vehicles within the floodplain must be travel-ready, meeting the following criteria:

(1) The vehicle must be fully licensed.

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

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

(F) Water, sewage, and disposal requirements. The Zoning Administrator or designee shall require within floodplain areas:

(1) All utilities such as gas, electrical, sewer, and water supply systems must be elevated and/or floodproofed to the regulatory flood protection elevation (RFPE), be located and constructed to minimize or eliminate flood damage and be designed to eliminate infiltration offload waters into the systems and discharges from the systems into flood waters. All public utilities should be designed to minimize increases in flood elevations. New solid waste management facilities, as defined in Minn. Rules, Part 7035.0300, are prohibited. Water supply systems are subject to the provisions of Minn. Rules, Part 4725.4350.

(2) Private on-site water supply, individual sewage treatment systems, and other service facilities shall be subject to applicable provisions detailed in division (F)(1) above. Replacement of on-site sewage treatment systems are to be constructed to avoid impairment to them, or contamination from them, during times of flooding, shall not be located in a designated floodway, and are subject to the provisions of Minn. Rules, Part 7080.2270. No new private service facilities may be permitted in the regulatory floodplain.

(3) Materials that, in time of flooding, are buoyant, flammable, explosive, or could be injurious to human, animal, or plant life, as well as those likely to cause pollution of the waters, such as sewage, sand, rock, wrecked and discarded equipment, dredged spoil, municipal, agricultural, or industrial waste, and other wastes as further defined in M.S. § 115.01, are prohibited.

(Ord. 1113, passed 2-20-24)

§ 154.038 ENCROACHMENT ANALYSIS.

Development in the following areas requires hydrologic and hydraulic analysis performed by a professional engineer or the use of other standard engineering practices (e.g. projects that restore the site to the previous cross-sectional area).

(A) In a floodway, development may not result in any of the following during the 1% annual chance flood: cause a stage increase of 0.00 feet or greater, obstruct flood flows, or increase velocities.

(B) In areas where a floodway has not been delineated, development may not allow stage increases of more than one-half foot at any point during the 1% chance flood. This evaluation must include the cumulative effects of previous encroachments. A water surface elevation increase of less than one-half foot is required if, due to the water surface level increase, increased flood damages would potentially result.

(Ord. 1113, passed 2-20-24)

§ 154.039 NONCONFORMITIES.

(A) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this subchapter, but which is not in conformity with the provisions of this subchapter, may be continued subject to the following conditions:

(1) Within the floodway, or where the floodway has not been delineated, any expansion or enlargement of uses or structures is prohibited.

(2) Any addition, modification, rehabilitation, repair, or alteration shall be in conformance with the provisions of this subchapter, shall not increase the flood damage potential or increase the degree of obstruction to flood flows, and where applicable, must be protected to the regulatory flood protection elevation (RFPE).

(3) If any nonconforming structure is determined to be substantially damaged or substantially improved in accordance with § 154.040, it may not be reconstructed except in conformity with the provisions of this subchapter.

(4) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this subchapter.

(B) Standards for modifications and alterations of nonconforming structures. In addition to the standards identified in § 154.037, the following standards and procedures apply to additions, modifications, rehabilitations, repairs, alterations, or maintenance of nonconforming structures: All structures, including manufactured homes, must be elevated on fill so that the lowest floor of the lowest enclosed area (including basements) is at, or above, the regulatory flood protection elevation (RFPE). The finished fill elevation shall be at, or above, the elevation associated with the base flood plus any stage increases that result from designation of a floodway. Fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. Elevations must be certified by a registered professional engineer, land surveyor, or other qualified person designated by the Zoning Administrator or Director of Engineering.

(Ord. 1113, passed 2-20-24)

§ 154.040 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGES DETERMINATIONS.

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

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

(B) Estimate the cost of the project. The property owner shall accommodate for inspection, and furnish other documentation needed by the Zoning Administrator or designee, to evaluate costs.

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

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

(C) Compare the cost of the improvement, repairs, or combination thereof to the estimated market value of the structure and determine whether the proposed work constitutes substantial improvement or repair of a substantially damaged structure, as defined in § 154.202.

(D) Based on this determination, the Zoning Administrator or designee shall prepare a determination letter and notify the property owner accordingly. Structures determined to be substantially damaged or substantially improved may not be reconstructed except in conformity with the provisions of this subchapter.

(Ord. 1113, passed 2-20-24)

§ 154.041 PERMITTING.

(A) Permit requirements.

(1) No person shall erect, construct, enlarge, alter, repair, improve, move, or demolish any building or structure without first obtaining a separate permit for each building or structure from the Building Official or designee.

(2) No man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, fences, mining, dredging, filling, grading, paving, excavation or drilling operations, shall be commenced until a separate permit has been obtained from the Building Official or designee for each change.

(3) No manufactured home shall be placed on improved or unimproved real estate without first obtaining a separate permit for each mobile home from the Building Official or designee.

(B) Activities not requiring a permit. Certain uses or activities may be exempt from obtaining a permit, such as planting a garden, farming, or other obviously insignificant activities such as putting up a mailbox or flagpole. Farm fences, as defined in § 154.202 of this code, are not considered to be an obstruction, and as such, do not require a permit. A local permit is not required if a public waters work permit has been obtained from the Minnesota Department of Natural Resources (MnDNR), unless a significant area above the ordinary high-water level (OHWL) is also to be disturbed. The continuation of existing uses, when the associated activities do not encroach further on the regulatory floodplain or trigger associated standards in this subchapter, do not require a permit.

(C) Permit application. To obtain a permit, the applicant shall first file a permit application on a form provided by the city. The form must be completed and submitted to the Building Official or designee with a fee as established by the City Council before the issuance of a permit shall be considered. The permit application must include the following, as applicable:

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

(2) Locations and details of grading, fill, or storage of materials.

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

(4) Other relevant information requested by the Building Official or designee as necessary to properly evaluate the permit application. If the applicant deems the request for additional information to be excessive, the applicant may appeal to the Planning Commission.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24) Penalty, see § 154.044

§ 154.042 DUTIES OF THE ZONING ADMINISTRATOR AND BUILDING OFFICIAL.

(A) The Zoning Administrator or designee must maintain applicable records in perpetuity documenting the following:

(1) Encroachment analysis, as detailed in § 154.038.

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

(3) Substantial damage and substantial improvement determinations, as detailed in § 154.040, including the cost of improvements, repairs, and market value.

(4) All variance actions and justifications for their issuance. Variances must be reported as requested by the Federal Emergency Management Agency (FEMA).

(B) Permit review. The Building Official or designee shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a floodplain area, all new construction and substantial improvements (including the placement of manufactured homes) shall 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 utility equipment resistant to flood damage;

(3) Constructed by methods and practices that minimize flood damage;

(4) 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;

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

(6) Be assured to provide adequate drainage to reduce exposure to flood hazards;

(7) Not be detrimental to uses in adjoining areas; and

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

(1) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator or designee must notify adjacent communities. If the applicant has applied for a public waters work permit pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Federal Emergency Management Agency (FEMA).

(2) Notification to FEMA when physical changes increase or decrease base flood elevations. Where physical changes affecting flooding conditions may increase or decrease the water surface elevation of the base flood, the City of Waseca must notify FEMA of the changes in order to obtain a Letter of Map Revision (LOMR) by submitting a copy of the relevant technical or scientific data as soon as practicable, but no later than six months after the date such supporting information becomes available. Within areas where the floodway has not been delineated, a map revision is only required if development results in stage increases greater than one-half foot.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24)

§ 154.043 ADMINISTRATION.

(A) Subdivisions. The Zoning Administrator or designee shall review subdivision proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a floodplain area, any such proposal shall be reviewed to assure that:

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

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

(3) Adequate drainage is provided to reduce exposure to flood hazards;

(4) All new lots must be able to accommodate a building site with a natural grade outside of the floodplain; and

(5) All subdivisions must have vehicular access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation (RFPE).

(B) Variances. The Zoning Administrator or designee shall review variance proposals and other proposed new development to determine whether such proposals will be reasonably safe from flooding. If a subdivision proposal or other proposed new development is in a floodplain area, any such proposal shall be reviewed to assure that:

(1) An application for a variance to the provisions of this subchapter will be processed and reviewed in accordance with M.S. § 462.357, Subd. 6(2) and this subchapter.

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

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

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

(5) Though variances may be used to modify permissible methods of flood protection, no variance shall permit a lesser degree of flood protection than the regulatory flood protection elevation (RFPE).

(6) The Zoning Administrator or designee must notify the applicant for a variance that:

(a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance; and

(b) 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.

(7) Notifications to the Minnesota Department of Natural Resources (MnDNR).

(a) All notices of public hearings to consider variances or conditional uses under this subchapter must be sent via electronic mail to the respective MnDNR area hydrologist at least ten days before the hearings. Notices of hearings to consider subdivisions/plats must include copies of the subdivision/plat.

(b) A copy of all decisions granting variances or conditional uses under this subchapter must be sent via electronic mail to the respective MnDNR area hydrologist within ten days of final action.

(C) Annexation and extraterritorial jurisdiction. The City of Waseca shall not approve any development located in a special flood hazard area (SFHA) outside the corporate limits unless such development or plat is in accordance with the following:

(1) A floodplain ordinance legally adopted by the City of Waseca that meets the minimum federal (44 CFR 60.3), state (Minn. Regulation Parts 6120.5000 through 6120.6200), and local requirements for development within a special flood hazard area.

(2) The SFHAs of those parts of unincorporated Waseca County that are within the extraterritorial jurisdiction of the City of Waseca or that may be annexed into the City of Waseca are generally identified as such on the Flood Insurance Rate Map (FIRM).

(3) Annexations into panels not referenced in this division (C) require ordinance amendment in accordance with division (D) below.

(D) Ordinance amendments.

(1) Any revisions to the floodplain maps by the Federal Emergency Management Agency (FEMA) or annexations of new map panels require an ordinance amendment to update the map references in § 154.036.

(2) All amendments to this subchapter must be submitted to the Minnesota Department of Natural Resources (MnDNR) for review and approval prior to adoption, and for compliance with state and federal rules and requirements. The floodplain ordinance shall not be considered valid until approved.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24)

§ 154.044 PENALTY.

(A) Uses in violation of the subchapter. Every structure, fill, deposit, or other use placed or maintained in the floodplain in violation of this subchapter shall be considered a public nuisance.

(B) Civil remedies. A public nuisance may be charged and abated under this subchapter by an action brought by the City of Waseca or the Minnesota Department of Natural Resources (MnDNR).

(C) Enforcement. Violations of the provisions of this subchapter constitute a misdemeanor and are punishable as defined by law. The Zoning Administrator or designee 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 offload insurance. The City of Waseca 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.

(D) Any person who violates this subchapter shall upon conviction thereof be fined not less than $25 nor more than $200. A separate offense shall be deemed committed upon each day during, or on which, a violation occurs or continues.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24)

§ 154.045 ABROGATION AND GREATER RESTRICTION.

(A) This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restriction.

(B) Where this subchapter and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. 1040, passed 1-5-16; Am. Ord. 1113, passed 2-20-24)

§ 154.046 SEPARABILITY.

The provisions and sections of this subchapter shall be deemed separable and the invalidity of any portion of this subchapter shall not affect the validity of the remainder.