FLOOD04455

• County: Statewide
• Community: State of Minnesota
• Basin: Statewide
• Title: Flood-Proofing Administrative Manual for Minnesota
• Date: 1/1/1997
• Prepared By: US Army Corps of Engineers
• Floodplain - Doc Type: Educational/Technical/Reference Information

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ZONING ORDINANCES

Zoning ordinances determine what uses can be made of individual parcels of
land. Generally, ordinances will list uses permitted within each zoning
district. These uses are allowed as a matter of right and are subject only
to the general requirements stated in the ordinance. Other uses may pose
special problems, are treated as conditional or special permit uses,
and are subject to review and approval by the City Councilor County Board
or, if so designated, by the Planning Commission or Board of Adjustment.
Conditions can be attached to these permits to ensure that the use will not
create a nuisance.

Flood plain zoning ordinances generally divide the flood plain into a Flood-
way District and a Flood Fringe District (see Figure 2). In some ordinances,
however, the entire flood plain is treated as a General Flood Plain District.
A site is then subjected to an individual engineering analysis to determine
if it is located in a floodway or a flood fringe area. Permitted uses within
the floodway are generally limited to open space uses that do not require
structures or fill, or to facilities or uses that must be located adjacent to
a watercourse. Often small accessory structures, such as park shelters, will
be allowed in the floodway under the conditional use provisions. If these
accessory structures are allowed, they cannot be placed on fill and must be
flood-proofed. Many local zoning ordinances allow the construction of build-
ings on fill as permitted uses within the flood fringe. Buildings in the
flood fringe that are to be built at lower elevations but flood-proofed are
treated under the conditional use or special permit provisions.

It is a zoning or land use determination whether a flood-proofed building
is suitable for use within a articular zonin district, iven the s ecific
proposa and uilding site. Some conslderations that must be balanced are
outlined in Part C "Applications of Flood-Proofing" of this manual. Once
the decision has been made that a flood-proofed building is a suitable use,
the conditional use permit can be issued with the requirement that the flood-
proofing be accomplished in accordance with the State Building Code. The
manner in which flood-proofing is accomplished is subject to the approval of
the building official. Further it is his responsibility to evaluate proposals
and inspect construction to ensure conformance with the code.

Zoning ordinances are not retroactive; existing structures and uses which are
not in conformity with the provisions of the ordinance become nonconforming
uses and can be maintained only as long as they do not constitute a public
nuisance and are not a health or safety hazard. Additions to these structures
and most alterations must, however, comply with provisions of the zoning ordi-
nance. In some cases, this may mean upgrading the entire structure to comply
with the ordinance. Whether dealing with nonconforming uses or additions or
alterations, flood-proofing, if employed, would have to conform with the State
Building Code. See SBC 103 for applicable requirements.

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