§ 105-2. General provisions.  


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  • (a)

    Lands to which the provisions of this article apply. These provisions apply to all lands within the jurisdiction of the city shown on the official zoning map and/or the attachments to the map as being located within the boundaries of the floodway, flood fringe, or general floodplain districts. The boundaries of the zoning districts are determined by scaling distances on the flood insurance rate map, or as modified in accordance with (2) below.

    (1)

    The floodway, flood fringe and general floodplain 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 article. In case of a conflict, the more restrictive standards will apply.

    (2)

    Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.

    (3)

    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.

    (b)

    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 article:

    (1)

    Flood insurance studies:

    a.

    City of Chatfield, Minnesota—Fillmore and Olmsted Counties (dated 02/02/1982).

    b.

    Olmsted County, Minnesota and Incorporated Areas (dated 04/19/2017).

    (2)

    Currently effective flood insurance rate map panels enumerated below:

    a.

    Olmsted County Panel 27109C050SE, effective 04/19/2017.

    b.

    Olmsted County Panel 27109C0510D, effective 04/19/2017.

    c.

    Fillmore County Panel 2701240050B, effective 04/19/2017.

    d.

    City of Chatfield Panel 2701250001A, effective 04/19/2017.

    (3)

    Currently effective flood boundary and floodway map panel, City of Chatfield Panel 2701250001, effective 4/19/2017.

    (4)

    Preliminary flood insurance rate map panels enumerated below:

    a.

    Fillmore County Panel 27045C0052E, effective 06/30/2011.

    b.

    Fillmore County Panel 27045C0054E, effective 06/30/2011.

    c.

    Fillmore County Panel 27045C0056E, effective 06/30/2011.

    d.

    Fillmore County Panel 27045C0058E, effective 06/30/2011.

    (5)

    Preliminary flood insurance study, Fillmore County and Incorporated Areas, dated 04/29/2016.

    For any instance where the effective and preliminary maps conflict, the more restrictive map shall apply. These materials are on file in the clerk's office.

    (c)

    Abrogation and greater restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this article imposes greater restrictions, the provisions of this article prevail. All other ordinances inconsistent with the provisions of this article are hereby repealed to the extent of the inconsistency only.

    (d)

    Warning and disclaimer of liability: The provisions of this article do not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This article does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on the provisions of this article or any administrative decision lawfully made hereunder.

    (e)

    Severability: If any section, clause, provision, or portion of the provisions of this article are adjudged unconstitutional or invalid by a court of law, the remaining provisions of this article shall not be affected and shall remain in full force.

    (f)

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

    Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

    Base flood elevation means the elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey.

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

    Conditional use means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that:

    (1)

    Certain conditions as detailed in the zoning ordinance exist.

    (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 means 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 means any manmade 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 means a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows.

    Farm fence means a fence as defined by Minn. Stats. § 344.02, subd. 1(a)—(d). An open type fence of posts and wire is not considered to be a structure under this article. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this article.

    Flood fringe means the portion of the special flood hazard area (one percent 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 means 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 means any land susceptible to being inundated by water from any source.

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

    Lowest floor means 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 means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle."

    New construction means structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of the provisions of this article.

    Obstruction means 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 floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water.

    Reach is 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 means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of the provisions of this article, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."

    Regional flood means a flood which is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the one percent chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study.

    Regulatory flood protection elevation (RFPE) is an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.

    Repetitive loss means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

    Special flood hazard area is a term used for flood insurance purposes synonymous with "one hundred-year floodplain."

    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 means anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in section 105-9(b)(2) of this Code 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 50 percent of the market value of the structure before the damage occurred.

    Substantial improvement means within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

    (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.

    (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 article, "historic structure" is as defined in 44 Code of Federal Regulations, part 59.1.

    (g)

    Annexations. The flood insurance rate map panels adopted by reference into section 105-2(b) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this article. If any of these floodplain land areas are annexed into the city after the date of adoption of this article, the newly annexed floodplain lands will be subject to the provisions of this article immediately upon the date of annexation.

(Ord. No. 423, § 1, 2-13-2017)