ORD 2024-06 Amending the Zoning Ordinance Regarding FloodplainCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO: 2024-06
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING FLOODPLAIN.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-2-2 of the City Code (Zoning Ordinance —Definitions) is hereby amended to
add and revise the following definitions:
DEVELOPMENT: Anv man-made change to improved or unimproved real estate. including, but not
limited to buildings or other structures, mining. dredging, filling, grading, paving, excavation or
drilling operations, or storage of equipment or materials.
FLOODPLAIN RELATED:
A. Accessory Structure. A structure that is on the same parcel of property as. and is incidental to.
the principal structure or use: an accessory structure specifically excludes structures used for
human habitation.
B. Base Flood. The flood having gone -percent chance of being equaled or exceeded in any given
year. "Base flood" is synonymous with the term "regional flood" used in Minnesota Rules. part
6120.5000.
C. Base Flood Elevation (BFEI. The elevation of the base flood. regional flood. orone-percent annual
chance flood. The term "base flood elevation" is used in the flood insurance study.
D. Basement. Anv area of
a structure.
including
crawl
spaces.
having its
floor
subgrade
(below
ground
levell on all four sides.
regardless
of the death
of
excavation below
ground level.
E. Building. See Structure.
F. Channel.
A
natural
or artificial
depression
of
perceptible
extent. with definite bed and banks
to
confine and
conduct flowing water
either continuously or
periodically.
G. Critical Facilities. Buildings and structures that contain essential facilities and services necessary
for emergency response and recovery. or that pose a substantial risk to the public in the event of
failure disruption of function, or damage by flooding. Specifically, this includes facilities identified
as Flood Design Class 4 in ASCE 24-14, Flood Resistant Design and Construction, as amended.
Examples
include health care facilities, facilities required for emergency response, power
generating stations, communications towers, or electrical substations.
1
H. Equal Degree of Encroachment. A method of determining the location of eHGF9ar"m^^+ line` so
:r.�:rrrse�
onveying a proportionate share of flood flows.
I. FEMA. Federal Emergency Management Agency.
J. Farm Fence. An open type of fence of posts and horizontally run wire. further specified in
Minnesota Statutes. section 344.02. Subd. 1(a-dl.
the ehaRnel
-water surface elevation from any source that results in the inundation of normally
dry land areas.
I�31T.T.t3i1'.T:IS�.-T�TtT1T1:�37:Tamanr:r�e�:r�s�:r::e�:r.�ir:�:*:n�ar:�:*:E
with the teFFn
" one -percent (1%1
annual chance floodplain located outside of the floodway. This district shall be extended laterally
to the 0.2-percent annual chance floodplain, where mapped.
+ho r„-.,,,-,,.,,,,-„ nn-, n.,on�„ f,-.r Xnirtrth+ r„n+,. The study that is an
examination. evaluation and determination of flood hazards, and if appropriate, corresponding
surface elevations. or an examination. evaluation, and determination of mudslide (i.e. mudflow)
and/orflood-related erosion hazards.
z
.• • • ••' • w A• ••� _ • 1' .• • •
elimination of flood damages.
bed of a
wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain
which must be reserved to carry or store the base flood discharge without cumulatively increasing
the water surface elevation more than one-half foot (0.5%
R. General Floodplain. Those floodplains designated on the Flood Insurance Rate Maps. but that do
not have a delineated floodway.
S. 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 CFR § 60.3.
T. Manufactured Home. 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."
U. New Construction. Structures for which the start of construction commenced on or after the
effective date of an adopted floodplain management regulation. and includes any subsequent
impI ovements to such structures.
V. Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river
influenced by the natural or manmade obstruction. In an urban area, the segment of a stream or
river between two (2) consecutive bridge crossings would most typically constitute a reach.
W. Recreational Vehicle. A vehicle that is built on a single chassis. is 400 square feet or less when
measured at the largest horizontal aroiection. is designed to be self-propelled or permanentl
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. Those vehicles not
meeting this definition shall be considered a structure for the purposes of this ordinance. For the
purposes of this ordinance. the term recreational vehicle is svnonvmous with the term "travel
trailer/travel vehicle:'
3
re, ulatea by this title aFe ..egwiFed to be „le.,. ted f'89dp,e9, e,� An elevation that is one foot
above the elevation of the base flood plus anv increases in the water surface elevation caused by
encroachments on the floodplain that result from designation of a floodway. These increases in
water surface elevations are tvoically identified in the Floodwav Data Tables. found in the Flood
Insurance Study.
Y.
Repetitive
Loss.
Flood
related
damages
sustained
by
a structure on two 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 eauals or exceeds twenty five percent (25%) of the market value of the structure before
the damage occurred.
Z. Stage
Increase.
Anv increase in the
water surface elevation
durine
the
one -percent annual
chance
flood
caused by
encroachments on
the flood lain.
AA. Start of Construction. Includes substantial improvement. and means the date the permit was
issued. provided the actual start of construction. repair. reconstruction_. rehabilitation. addition
placement, or other improvement was within one hundred eighty (180) days of the permit date.
The actual start means 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
build
BB. Structure. A roofed building. including a gas or liauid storage tank. that is principally above
ground.
as well
as a
manufactured
home.
Recreational
vehicles
not considered
travel
ready
shall
also be
considered a
structure for the purposes
ofthis
ordinance.
CC. Substantial Damage. Damage of anv origin sustained by a structure where the cost of restoring
the structure to its before damaged condition would eaual or exceed 50 percent of the market
value of the structure before the damage occurred.
DD. Substantial Improvement. Anv reconstruction. rehabilitation. addition. or other improvement of
a structure. the cost of which eauals 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. A"y alteration of a historic structure defined in 44 CFR § 59.1 provided that the alteration
will not preclude the structure's continued designation as a "historic structure".
EE. Watercourse.
A channel
in which
a
flow
of water occurs either
continuously
or intermittently
in a
definitive
direction.
The
term
applies
to
either natural or
artificially constructed channels.
Section 2. Title 11, Chapter 94 the City Code (Zoning Ordinance —Floodplain Overlay District) is
hereby repealed in its entirety and amended to read as follows:
Chapter 94
FP, FLOODPLAIN OVERLAY DISTRICT
SECTION:
11-944: Statutory Authorization and Purpose
11-94-2: Warning and Disclaimer of Liability
11-94-3: Establishment of Floodplain District
11-94-4: Requirements for All Floodplain Districts
11-94-5: Floodway District
11-94-6: Flood Fringe District
11-94-7: General Floodplain District
11-94-8: Subdivision Standards
11-94-9: Railroads, Streets, Bridges, and Public and Private Utilities and Service Facilities
11-94-10: Manufactured Homes and Recreational Vehicles
11-94-11: Administration
11-94-12: Nonconformities
11-94-13: Violations and Penalties
11-94-1: STATUTORY AUTHORIZATION AND PURPOSE:
A. Statutory Authorization: This chapter is adopted pursuant to the authorization and policies
contained in Minnesota Statutes, Chapter 103F; Minnesota Rules, parts 6120.5000 — 6120.6200;
the rules and regulations of the National Flood Insurance Program in 44 CFR § 59 to 78; and the
planning and zoning enabling legislation in Minnesota Statutes, Chapter 462.
B. Purpose:
1. This chapter regulates development in the flood hazard areas of the city. 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 ordinance to promote the public health, safety, and
general welfare by minimizing these losses and disruptions.
2. This chapter is adopted in the public interest to promote sound land use practices, and
floodplains are a land resource to be developed in a manner that will result in minimum
loss of life and threat to health, and reduction of private and public economic loss caused
by flooding.
3. This chapter is adopted to maintain eligibility in the national flood insurance rate
program.
4. This chapter is also intended to preserve the natural characteristics and functions of
watercourses and floodplains in order to moderate flood and stormwater impacts,
improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide
recreational opportunities, provide aesthetic benefits and enhance community and
economic development.
11-94-2: WARNING AND DISCLAIMER OF LIABIILITY: This chapter does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or flood damages.
This chapter does not create liability on the part of the city or its officers and employees for any flood
damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
11-94-3: ESTABLISHMENT OF FLOODPLAIN DISTRICT:
A. Application: This chapter applies to all lands within the city within the boundaries of the
Floodway, Flood Fringe, and General Floodplain Districts.
1. The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts with the
standards imposed in these overlay districts being in addition to any other requirements
and, in case of a conflict, the more restrictive standards will apply.
2. Where a conflict exists between the floodplain limits illustrated on the official floodplain
maps and actual field conons, the Base Flood Elevation (BFE) shall be the governing
factor in locating the outer boundaries of the one -percent annual chance floodplain.
3. Persons contesting the location of the district boundaries will be given a reasonable
opportunity to appeal their case and to submit technical evidence as provided for in
Section 11-94-7 of this chapter.
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 zoning map established by section
11-50-3 of this title and this chapter and shall be maintained on file at the city hall by the zoning
administrator. The attached material includes the Flood Insurance Study for Wright County,
Minnesota, and Incorporated Areas, and the Flood Insurance Rate map panels enumerated below,
all dated June 20, 2024, and prepared by the Federal Emergency Management Agency:
27171C0385D
27171CO190D
27171CO220D
27171CO195D
27171CO215D
27171CO355D
27171CO380D
27171CO360D
C. Districts:
1. Floodway District. Those areas within Zone AE located inside of the delineated floodway
as shown on the Flood Insurance Rate Maps adopted in section 11-94-3.13 of this chapter
and those areas within Zone A that are determined to be located in the floodway based
on the delineation methods outlined in section 11-94-7.D of this chapter.
2. Flood Fringe District. Those areas within Zone AE located outside of the delineated
floodway as shown on the Flood Insurance Rate Maps adopted in section 11-94-3.B of this
chapter, and those areas within Zone A which are determined to be located in the flood
fringe based on the delineation methods outlined in sectionl1-94-7.D of this chapter.
3. General Floodplain District. Those areas within Zone A areas that do not have a floodway
delineated as shown on the Flood Insurance Rate Maps referenced in section 11-94-3.B
of this chapter.
D. Annexations: The Flood Insurance Rate Map panels adopted in section 11-94-3.B of this chapter
may include floodplain areas that lie outside of the corporate boundaries of the city at the time
of adoption of this chapter. If any of these floodplain land areas are annexed into the city after
the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the
provisions of this chapter immediately upon the date of annexation. Annexations into panels not
referenced in section 11-94-3.6 of this chapter require an ordinance amendment in accordance
with Section 11-94-11.D of this chapter.
7
E. Detachments. The Flood Insurance Rate Map panels adopted in section 11-94-3.6 of this chapter
will include floodplain areas that lie inside the corporate boundaries of other municipalities at the
time of adoption of this chapter. If any of these floodplain land areas are detached from another
municipality and come under the jurisdiction of the city after the date of adoption of this chapter,
the newly detached floodplain lands will be subject to the provisions of this chapter immediately
upon the date of detachment.
11-94-4: REQUIREMENTS FOR ALL FLOODPLAIN DISTRICTS:
A. Permit Required. A permit must be obtained from the zoning administrator to verify compliance
with all applicable standards outlined in this chapter prior to the following uses or activities:
1. The erection, addition, modification, rehabilitation, repair, or alteration of any building,
structure, or portion thereof. Normal maintenance requires a permit to determine if such
work, either separately or in conjunction with other planned work, constitutes a
substantial improvement, as specified in section 11-94-12.6 of this chapter.
2. The construction of a fence, pool, deck, or placement of anything that may cause a
potential obstruction. Farm fences, as defined in Section 11-2-2 of this title, are not
considered to be an obstruction, and as such, do not require a permit.
3. The change or expansion of a nonconforming use.
4. The repair of a structure that has been damaged by flood, fire, tornado, or any other
source.
5. The placement of fill, excavation, utilities, on -site sewage treatment systems, or other
service facilities.
6. The storage of materials or equipment, in conformance with section 11-94-4.C.2 of this
chapter.
7. Relocation or alteration of a watercourse (including stabilization projects or the
construction of new or replacement dams, culverts and bridges). A local permit is not
required if a public waters work permit has been obtained from the department of natural
resources, unless a significant area above the ordinary high water level is also to be
disturbed.
8. Any other type of "development," as defined in section 11-2-2 of this ordinance.
B. No Permit Required. 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. The continuation of existing uses, when the associated activities do not encroach
further on the regulatory floodplain or trigger associated standards in this chapter, do not require
a permit.
E3
C. Minimum Development Standards:
1. All development shall:
designed (or moed) and adequately anchored to prevent floatation,
collapse, or lateral movement resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
b. Be constructed with materials and equipment resistant to flood damage;
c. Be constructed by methods and practices that minimize flood damage;
d. Be constructed with heating, ventilation, duct work, and air conditioning
equipment and other service facilities elevated at least up to the Regulatory Flood
Protection Elevation (RFPE). Water, sewage, electrical, and other utility lines
below the Regulatory Flood Protection Elevation (RFPE) shall be constructed so
as to prevent water from entering or accumulating within them during conditions
of flooding;
e. Be reasonably safe from flooding and consistent with the need to minimize flood
damage;
f. Be assured to provide adequate drainage to reduce exposure to flood hazards;
g. Not be detrimental to uses in adjoining areas; and
h. Not adversely affect the efficiency or restrict the flood carrying capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system
2. Materials that, in time of flooding, are buoyant, flammable, explosive, or could be
injurious to human, animal, or plant life shall be stored at or above the Regulatory Flood
Protection Elevation (RFPE), floodproofed, or protected by other measures as approved
by the Zoning Administrator. Storage of materials 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 Minnesota
Statutes, section 115.01, are prohibited unless adequate safeguards approved by the
Minnesota Pollution Control Agency are provided. For projects not requiring approvals by
the Minnesota Pollution Control Agency, adequate safeguards must be approved by the
Zoning Administrator prior to issuance of a permit.
3. Critical facilities shall be located so that the lowest floor is not less than two feet above
the Base Flood Elevation (BFE), or the two -tenths percent (0.2%) annual chance flood
elevation, whichever is higher.
11-94-5: FLOODWAY DISTRICT:
A. Permitted Uses in Floodway. Development allowed in the floodway district is limited to that which
has low flood damage potential and will not obstruct flood flows, increase velocities, or increase
the water surface elevations of the one -percent annual chance flood. The following uses and
activities may be allowed with a permit, subject to the standards in section 11-94-5.13 of this
chapter:
1. Agricultural uses, recreational uses, parking lots, loading areas, airport landing strips,
water control structures, navigational facilities, as well as public open space uses.
2. Streets, railroads, trails, bridges, and culverts.
3. Public utility facilities and water -oriented industries which must be in or adjacent to
watercourses.
4. Grading, filling, land alterations, and shoreline stabilization projects.
5. No structures, as defined in section 11-2-2 of this title, are allowed in the Floodway
District, except structures accessory to the uses detailed in sections 11-94-5.A.1 and 11-
94-5.C.1 of this chapter, which shall require a conditional use permit in accordance with
section 11-94-5.C.2 of this chapter.
6. Levees or dikes intended to protect agricultural crops, provided the top of the dike does
not exceed the ten percent (10%) annual chance flood event.
B. Standards for Permitted Uses in Floodway. In addition to the applicable standards detailed in
section 11-94-4 of this chapter:
1. The applicant shall demonstrate that the development will not result in any of the
following during the one -percent chance flood: cause a stage increase of zero feet (0.00')
or greater, obstruct flood flows, or increase velocities. This shall be demonstrated through
hydrologic and hydraulic analysis performed by a professional engineer, or using other
standard engineering practices (e.g. projects that restore the site to the previous cross -
sectional area). This is commonly documented through a "no -rise certification."
2. Any development that would result in a stage increases greater than zero feet (0.00') may
only be allowed with a permit if the applicant has applied for and received approval for a
Conditional Letter of Map Revision (CLOMR) in accordance with 44 CFR § 65.12. Map
revisions must follow the procedures set forth in sections 11-94-11.A and 11-9444 of this
chapter.
3. Any development resulting in decreases to the water surface elevation of the base flood
identified in the Flood Insurance Study requires a Letter of Map Revision (LOMR) following
the procedures in sections 11-94-11.A.5 and 11-94-14 of this chapter.
10
4. Any development in the beds of public waters that will change the course, current or cross
section is required to obtain a public waters work permit in accordance with Minnesota
Statutes, section 103G.245 or a utility crossing license in accordance with Minnesota
Statutes, section 84,415, from the Department of Natural Resources, or demonstrate that
no permit is required, before applying for a local permit.
5. Any facility used by employees or the general public must be designed with a flood
warning system acceptable to the Zoning Administrator that provides adequate time for
evacuation, or be designed to ensure that within the area inundated during the base flood
event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four
(4).
6. Fill and other land alteration activities must offer minimal obstruction to the flow of flood
waters, and be protected from erosion and sediment entering surface waters by the use
of vegetative cover, riprap or other methods as soon as possible.
C. Conditional Uses in Floodway. The following uses and activities may be permitted as conditional
uses, subject to the standards detailed in sections 11-94-4.D and 11-94-11.0 of this chapter:
1. Commercial extractive uses, and storage and stockpiling yards.
2. Structures accessory to uses detailed in sections 11-94-4.A and 11-94-5.C.1 of this
chapter.
D. Standards for Conditional Uses in Floodway. In addition to the applicable standards detailed in
sections 11-94-4, 11-94-5.13 and 11-94-11.0 of this chapter:
1. Extractive uses and storage of materials shall require the completion of a site
development and restoration plan, to be approved by the city council.
2. Accessory Structures. Structures accessory to the uses detailed in sections 11-94-5.A.1
and 11-94-5.C.1 of this chapter shall be constructed and placed so as to offer a minimal
obstruction to the flow of flood waters, and are subject to the standards in section 11-94-
6.13.3 of this chapter.
11-94-6: FLOOD FRINGE DISTRICT:
A. Permitted Uses in Flood Fringe. Any uses or activities allowed in any applicable underlying zoning
districts may be allowed with a permit, subject to the standards set forth in sections 11-94-6.B of
this chapter.
B. Standards for Permitted Uses in Flood Fringe. In addition to the applicable standards detailed in
section 11-94-4 of this chapter:
1. Residential Structures:
11
2
a. Elevation on Fill. All structures to be erected, constructed, reconstructed, altered,
or moved on fill within the Flood Fringe District shall be placed so that the lowest
floor, as defined in section 11-2-2 of this title, is elevated 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 fifteen feet (15') 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. Elevation methods
alternative to these fill standards are subject to approval of a conditional use
Permit, as provided in section 11-94-6.C.1 of this chapter.
I I
E`— 15 ft --P�l
� RFPE
(Regulatory Flood BFE (Base Flood Elevation,
Q(� Protection Elevation) +stage increase
UU r
O
>_lft_
I
Lowest floor Fill
Mmrrc�. [M.rtmmnt MMstvl Rewxn Rer.9 ]R1)
Nonresidential Principal Structures. Nonresidential principal structures must meet one (1)
of the following construction methods:
a. Elevation on Fill. Structures may be elevated on fill, meeting the standards in
section 11-94-6.B.1.a of this chapter. Fill for nonresidential structures is not
required to be extended fifteen feet (15') beyond the outside limits of the
structure.
b. Alternative Elevation Methods:
(1) Structures may have their lowest floor elevated above the Regulatory
Flood Protection Elevation (RFPE) using methods alternative to the fill
standards in section 11-94-6.6.1.a of this chapter. Such methods include
the use of blocks, pilings, filled stem walls, or internally -flooded enclosed
areas such as crawl spaces, attached garages, or tuck under garages.
12
Blocks or pilings Filled stem wall Internally flooded enclosed
RFPE
RFPE
RFPE
(Regulatory Flood BFE
(Regulatory Flood
FIFE
(Regulatory Flood BFE
Protection Elevation) (Base Flood
Protection Elevation)
(Base Flood
Protection Elevation) (Base Flood
Elevation)
Elevation)
Elevation)
Duct
Duct
Compacted
Flood opening
— Pilings
structuralll
(2) Designs accommodating for internally -flooded enclosed areas must be
certified by a registered professional engineer or architect, or meet or
exceed the standards detailed in FEMA Technical Bulletin 1, as amended,
as well as the following standards:
(a) The lowest floor, as defined in section 11-2-2 of this title, shall be
elevated at or above the Regulatory Flood Protection Elevation
(RFPE).
(b) The floor of the enclosed area must be at or above the exterior
grade on at least one (1) side of the structure.
(c) To allow for the equalization of hydrostatic pressure, there shall
be a minimum of two (2) openings below the base flood elevation
on at least two (2) sides of the structure. The bottom of all
openings shall be no higher than one foot (1') above grade. The
openings shall have a minimum net area of not less than one (1')
square inch for every one (1) square foot of enclosed area subject
to flooding, have a net area of not less than one (1) square inch
for every one (1) square foot of enclosed area subject to flooding,
and shall allow automatic entry and exit of floodwaters without
human intervention.
(d) Internally flooded enclosed areas shall only be used for the
parking of vehicles, building access, or storage. Bathrooms and
toilet rooms shall not be allowed.
c. Dry proofing. Structures having watertight enclosed basements or spaces
below the Regulatory Flood Protection Elevation (RFPE) must meet the following
standards:
13
(1) Walls shall be substantially impermeable to the passage of water, with
structural components having the capacity of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy, at least up to the
Regulatory Flood Protection Elevation (RFPE);
(2) Shall meet the standards of FEMA Technical Bulletin 3, as amended; and
(3) A registered professional engineer or architect shall be required to certify
that the design and methods of construction meet the standards detailed
in this section.
3. Accessory Structures. All accessory structures must meet the following standards:
a. Structures shall not be designed or used for human habitation.
b. Structures will have a low flood damage potential.
c. Structures with fewer than two rigid walls, such as carports, gazebos, and picnic
pavilions, may be located at an elevation below the Regulatory Flood Protection
Elevation.
d. Structures with two (2) or more rigid walls, must meet one of the following
construction methods:
(1) Wet Floodproofing. Structures may be floodproofed in a way to
accommodate internal flooding. Such structures shall constitute a
minimal investment not to exceed five hundred seventy-six (576) square
feet in area, one-story in height, and shall only be used for parking and
storage. To allow for the equalization of hydrostatic pressure, there shall
be a minimum of two openings on at least two sides of the structure and
the bottom of all openings shall be no higher than one foot (1') above
grade. The openings shall have a minimum net area of not less than one
(1) square inch for every one (1) square foot of enclosed area subject to
flooding, and shall allow automatic entry and exit of floodwaters without
human intervention.
(2) Elevation on Fill. Structures may be elevated on fill, meeting the
standards in section 11-94-6.B.1.a of this chapter. Fill is not required to
be extended fifteen feet (15') beyond the outside limits of the structure.
(3) Alternative Elevation Methods. Structures may have their lowest floor
elevated above the Regulatory Flood Protection Elevation (RFPE) through
methods alternative to the fill standards in section 11-94-6.B.3.d(2) of
this chapter, meeting the standards in section 11-94-6.B.2.b of this
chapter.
C.
0
(4) Dry Floodproofing. Structures may be dry-floodproofed, or watertight,
meeting the standards in section 11-94-6.B.2.c of this chapter.
Fill. The cumulative placement of fill or other materials for any purpose, up to one
thousand (1,000) cubic yards, is permitted. Additional fill over one thousand (1,000) cubic
yards is only permitted if the fill is specifically intended to elevate a structure in
accordance with sections 11-94-6.13.1 or 11-94-6.B.2.a of this chapter, or for a
transportation project in accordance with section 11-94-9.A of this chapter. Fill over one
thousand (1,000) cubic yards for purposes other than these purposes requires a
conditional use permit as provided for in section 11-94-6.C.2 of this chapter. Materials
shall be protected from erosion, discharge, and sediment entering surface waters by the
use of vegetative cover or other methods as soon as possible.
5. All new principal structures shall provide for vehicular access no lower than one foot (1')
below the Base Flood Elevation (BFE), unless a flood warning/emergency evacuation plan
has been approved by the zoning administrator.
6. Any facilities used by employees or the general public must be designed with a flood
warning system approved by the zoning administrator that provides adequate time for
evacuation, or be designed to ensure that within the area inundated during the base flood
event, the depth (in feet) multiplied by the velocity (in feet per second) is less than four.
7. Manufactured homes and recreational vehicles shall meet the standards of section 11-
94-10 of this chapter.
Conditional Uses in Flood Fringe. The following uses and activities may be permitted as conditional
uses, subject to the standards in sections 11-94-6.D and 11-94-11.0 of this chapter:
1. Alternative Elevation Methods —Residential Structures. Residential structures with their
lowest floor elevated above the Regulatory Flood Protection Elevation (RFPE) using
methods alternative to the fill requirements in Section 11-94-6.6.1 of this chapter.
2 Fill. The cumulative placement of more than one thousand (1,000) cubic yards of fill or
other materials, when the fill is not being used to elevate a structure or for a
transportation project.
Standards for Conditional Uses in Flood Fringe. In addition to the applicable standards detailed in
sections 11-94-4, 11-94-6.6, and 11-94-11.0 of this chapter:
1. All residential structures with lowest floors elevated through alternative elevation
methods shall meet the standards for nonresidential structures in section 11-94-6.6.2.b
of this chapter.
15
2. The placement of more than one thousand (1,000) cubic yards of fill or other materials
(other than for the purpose of elevating a structure or for a transportation project) shall
comply with a site development and restoration plan approved by the city engineer that
details the anticipated topographic alterations and identify actions to be taken to mitigate
environmental impacts, particularly erosion.
11-94-7: GENERAL FLOODPLAIN DISTRICT:
A. Permitted Uses:
1. The uses listed in the Floodway District, section 11-94-5 of this chapter are allowed with
a permit or conditional use permit. Development is also subject to the standards provided
in sections 11-94-7.B and 11-94-7.0 of this chapter.
2. All other uses are subject to a floodway/flood fringe determination as provided in section
11-94-7.D, in addition to the standards provided in sections 11-94-7.B and 11-94-7.0 of
this chapter. Permitted uses shall be determined as follows:
1. If the development is determined to be in the Floodway District, section 11-94-5
of this chapter applies.
2. If the development is determined to be in the Flood Fringe District, section 11-
94-6 of this chapter applies.
B. Standards for Determining Flood Elevations:
1. All development requires a determination of the Base Flood Elevation (BFE). Exceptions
to this requirement include projects that restore the site to the previous cross -sectional
area, such as shore stabilization or culvert replacement projects. Base Flood Elevations
(BFE) may be found using best available data from any Federal, State, or other source
(including Minnesota Department of Natural Resource's Lake & Flood Elevations Online
(LFEO) Viewer).
2. The Regulatory Flood Protection Elevation (RFPE) can be determined by assuming aone-
half foot (0.5') stage increase to accommodate for future cumulative impacts. A stage
increase does not need to be assumed along lakes, wetlands, and other basins that are
not affected by velocities.
C. Encroachment Analysis: Encroachments due to development may not allow stage increases more
than one-half foot (0.5') at any point. This evaluation must include the cumulative effects of
previous encroachments, and must be documented with hydrologic and hydraulic analysis
performed by a professional engineer, or using other standard engineering practices. A water
surface elevation increase less than one-half foot (0.5') is required if, due to the water surface
level increase, increased flood damages would potentially result.
16
D. Standards for the Analysis of Floodway Boundaries:
1. Requirements for Detailed Studies. Any development, as requested by the Zoning
Administrator, shall be subject to a detailed study to determine the Regulatory Flood
Protection Elevation (RFPE) and the limits of the Floodway District. This determination
must be consistent with the minimum standards for hydrologic and hydraulic mapping
standards and techniques, as detailed in Minnesota Rules, part 6120.5600, Subp. 4 and
FEMA Guidelines and Standards for Flood Risk Analysis and Mapping, as revised.
Additionally:
a. A regulatory floodway necessary to carry the discharge of the one -percent annual
chance flood must be selected without increasing the water surface elevation
more than one-half foot (0.5') at any point. This determination should include the
cumulative effects of previous encroachments. A water surface elevation
increase less than one-half foot (0.5') is required if, due to the water surface level
increase, increased flood damages would potentially result; and
b. An equal degree of encroachment on both sides of the stream within the reach
must be assumed in computing floodway boundaries, unless topography, existing
development patterns, and comprehensive land use plans justify a modified
approach, as approved by the department of natural resources.
2. Other Acceptable Methods. For areas where a detailed study is not available or required:
a. Development prohibited in floodways (e.g. most buildings) requires a
floodway/flood fringe determination to verify the development is within the
flood fringe. This determination must be done by a professional engineer or
utilize other accepted engineering practices. The department of natural resources
may also provide technical assistance and must approve any alternative methods
used to determine floodway boundaries.
b. For areas where the floodway has not been determined in and along lakes,
wetlandsI and other basins, the following methodology may be used as an
alternative to section 11-94-7.D.2.a A above, provided these areas are not
affected by velocities and the lot is able to accommodate a building site above
the Regulatory Flood Protection Elevation (RFPE):
(1) All areas that are at or below the ordinary high water level, as defined in
Minnesota statutes, section 103G.005, Subd. 14, will be considered
floodway, and all areas below the Base Flood Elevation (BFE) but above
the ordinary high water level will be considered flood fringe, provided
that within twenty five feet (25') of the ordinary high water level, or
within the Shore Impact Zone as identified in chapter 92 of this title,
whichever distance is greater, land alterations shall be restricted to:
17
(a) The minimum required to accommodate beach areas, access
areas, and accessory structures as permitted, not to exceed a
volume greater than ten (10) cubic yards; projects involving
volumes exceeding ten (10) cubic yards require floodway/flood
fringe determination in accordance with the procedures in
section 11-94-7.D.2.a of this chapter; and
(b) The minimum required to accommodate shoreline stabilization
projects to correct an identified erosion problem as verified by a
qualified resource agency or the city engineer.
11-94-8: SUBDIVISION STANDARDS: All subdivided land must meet the following requirements.
Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions
under this chapter.
A. All lots within floodplain districts must be suitable for a building site outside of the Floodway
District.
B. Subdivision of lands within the floodplain districts may not be approved if the cost of providing
governmental services would impose an unreasonable economic burden on the city.
C. All subdivisions must have vehicular access both to the subdivision and to the individual building
sites no lower than two feet (2') below the Regulatory Flood Protection Elevation (RFPE), unless a
flood warning/emergency evacuation plan has been approved by the zoning administrator.
D. The Floodway and Flood Fringe District boundaries, the Regulatory Flood Protection Elevation
(RFPE) and the required elevation of all access roads must be clearly identified on all required
subdivision drawings and platting documents.
11-94-9: RAILROADS, STREETS, BRIDGES, AND PUBLIC AND PRIVATE UTILITIES AND SERVICE FACILITIES:
A. Public Transportation Facilities. Railroad tracks, streets, and bridges shall 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. Minor or auxiliary streets or railroads may be constructed at a lower elevation where
failure or interruption of transportation services would not endanger the public health or safety.
All public transportation facilities should be designed to minimize increases in flood elevations.
B. Public Utilities. All utilities such as gas, electrical, sewer, and water supply systems to be located
in the floodplain 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 of flood 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 Minnesota Rules, part
7035.0300, are prohibited in the one -percent (1%) annual chance floodplain. Water supply
systems are subject to the provisions in Minnesota Rules, part 4725.4350.
C. Private On -site Water Supply, Individual Sewage Treatment Systems, and other Service Facilities.
Private facilities shall be subject to applicable provisions detailed in section 11-94-9.13 of this
chapter. In addition, new or replacement on -site sewage treatment systems are to be located 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 in Minnesota Rules, parts
7080622709
11-94-10: MANUFACTURED HOMES AND RECREATIONAL VEHICLES:
A. Manufactured Homes. Manufactured homes and manufactured home parks are subject to
applicable standards for each floodplain district. In addition:
1. New and replacement manufactured homes shall be placed and elevated in compliance
with section 11-94-6 of this chapter and shall be securely anchored to a system that resists
flotation, collapse and lateral movement. Methods of anchoring may include, but are not
limited to, use of over -the -top or frame ties to ground anchors.
2. New manufactured home parks and expansions to existing manufactured home parks
must meet the appropriate standards for subdivisions in section 11-94-8 of this chapter.
B. Recreational Vehicles. New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain district. Recreational
vehicles placed in existing recreational vehicle parks, campgrounds or lots of record in the
floodplain must either:
1. Meet the requirements for manufactured homes in Section 11-94-10.A, or
2. Be travel ready, meeting the following criteria:
a. The vehicle shall be fully licensed.
b. The vehicle shall be ready for highway use, meaning on wheels or the internal
jacking system, attached to the site only by quick disconnect type utilities.
c. No permanent structural type additions may be attached to the vehicle.
d. Accessory structures may be permitted in the Flood Fringe District, provided they
do not hinder the removal of the vehicle should flooding occur, and meet the
standards outlined in sections 11-94-4 and 11-94-6.13.3 of this chapter.
XX-94-11: ADMINSTRATION:
A. Zoning Administrator:
1. Permit Application Requirements. Permit applications shall be submitted to the zoning
administrator. The permit application shall include the information required by section
11-9-4 of this ordinance and the following, as applicable:
19
a. A site plan showing all existing or proposed buildings, structures, service facilities,
potential obstructions, and pertinent design features having an influence on the
permit.
b. Location and detail of grading, fill, or storage of materials.
c. Copies of any required local, state or federal permits or approvals.
d. Other relevant information requested by the zoning administrator as necessary
to properly evaluate the permit application.
2. Recordkeeping. The zoning administrator shall maintain applicable records in perpetuity
documenting:
a. All certifications for dry floodproofing and alternative elevation methods, where
applicable.
b. Analysis of no -rise in the floodway district, as detailed in section 11-94-5.B.1 of
this chapter, and encroachment analysis ensuring no more than one-half foot
(0.5') of rise in the general floodplain district, as detailed in sections 11-94-7.B.2
and 11-94-7.C.1 of this chapter.
c. Final elevations, as applicable, detailing the elevation 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.
d. Substantial damage and substantial improvement determinations, as detailed in
section 11-9442.A.3 of this chapter, including the cost of improvements, repairs,
and market value.
e. All variance actions, includingjustification fortheirissuance, and shall report such
variances as requested by the Federal Emergency Management Agency.
3. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building,
land or structure may be occupied or used in any manner until a certificate of zoning
compliance has been issued by the zoning administrator stating that the finished fill and
building floor elevations or other flood protection measures are in compliance with the
requirements of this chapter.
4. Notifications for Watercourse Alterations. Before authorizing any alteration or relocation
of a river or stream, the zoning administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters in accordance with Minnesota
Statutes, section 103G.245, this will suffice as adequate notice. A copy of the notification
must also be submitted to FEMA.
5. 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 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 (6) months after the date such
supporting information becomes available. Within the General Floodplain district, a map
revision is only required if development results in stage increases greater than 0.5 feet.
6. Notifications to the Department of Natural Resources:
a. All notices of public hearings to consider variances or conditional uses under this
chapter must be sent via electronic mail to the department of natural resources
respective area hydrologist at least ten (10) 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 and conditional uses under this chapter
must be sent via electronic mail to the department of natural resources
respective area hydrologist within ten (10) days of final action.
C. Conditional Uses and Variances:
1. Process:
a. An application for a conditional use permit will be processed and reviewed in
accordance with the provisions of chapter 4 of this title and this section.
b. An application for a variance to the provisions of this chapter will be processed
and reviewed in accordance chapter 6 of this title and this section.
2. Adherence to State Floodplain Management Standards. Variances must be consistent
with the general purpose of these standards and the intent of applicable provisions in
state and federal law. 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).
3. Additional Variance Criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
a. Variances must not be issued within any designated regulatory floodway if any
increase in flood levels during the base flood discharge would result.
b. Variances from the provisions of this chapter may only be approved by the city
council upon:
(1) A showing of good and sufficient cause;
21
(2) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(3) 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.
c. Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
4. Considerations for Approval. The planning commission and city council may consider the
following factors in granting variances and imposing conditions on variances and
conditional uses in floodplain districts:
a. The potential danger to life and property due to increased flood heights or
velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the
injury of others.
c. The safety of access to the property in times of flood for ordinary and emergency
vehicles.
5. Conditions of Approval. The city board may attach such conditions to the granting of
variances and conditional use permits as it deems necessary to fulfill the purposes of this
chapter. Such conditions may include, but are not limited to, the following:
a. Limitations on period of use, occupancy, and operation.
b. Imposition of operational controls, sureties, and deed restrictions.
c. The prevention of soil erosion or other possible pollution of public waters, both
during and after construction.
6. Flood Insurance Notice. The zoning administrator must notify the applicant for a variance
in writing 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 up to amounts as high as
twenty five dollars ($25) for one hundred dollars ($100) of insurance coverage;
and
b. Such construction below the base flood level increases risks to life and property.
c. The notification shall be maintained with a record of all variance actions.
22
D. Amendments:
1. Any revisions to the floodplain maps by the Federal Emergency Management Agency or
annexations of new map panels require an ordinance amendment to update the map
references in section 11-94-3.13 of this chapter.
2. All amendments to this chapter must be submitted to the department of natural
resources for review and approval prior to adoption, for compliance with state and
federal rules and requirements. The floodplain ordinance shall not be considered valid
until approved.
11-94-12: NONCONFORMITIES:
A. Continuance of Nonconformities. Ause, structure, or occupancy of land which was lawful before
the passage or amendment of this chapter, but which is not in conformity with the provisions of
this ordinance, may be continued subject to the provisions of chapter 15 of this title and the
following conditions:
1. Within the floodway and general floodplain districts (when a site has been determined to
be located in the floodway following the procedures in Section 11-94-7.0 of this chapter,
or when the floodway has not been delineated), expansion or enlargement of uses or
structures is prohibited.
2. Within all districts, any addition, modification, rehabilitation, repair, or alteration shall be
in conformance with the provisions of this ordinance, 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 based on the procedures in section 11-94-12.B of this chapter, it
may not be reconstructed except in conformity with the provisions of this chapter.
4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for
more than one (1) year, any future use of the premises must conform to this ordinance.
B. Substantial Improvement and Substantial Damage Determinations. Prior to issuing any permits
for additions, modifications, rehabilitations, repairs, alterations, or maintenance to structures
that do not comply with the provisions of this chapter, the zoning administrator 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:
1. Estimate the market value of the structure. In cases where the property has sustained
damage, the market value of the structure shall be the market value before the damage
occurred and before any restoration or repairs are made.
2. Estimate the cost of the project. The property owner shall accommodate for inspection,
and furnish other documentation needed by the zoning administrator to evaluate costs.
23
a. 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.
b. Costs to restore 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 structure is
being restored beyond its pre -damaged condition.
3. Compare the cost of the project and/or repairs 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 Section 11-2-2
of this ordinance.
a. For the purposes of determining whether the proposed work would constitute
substantial improvement, the evaluation shall also include all rehabilitations,
additions, or other improvements completed since the community has adopted
floodplain standards impacting this structure.
b. If any nonconforming structure experiences a repetitive loss, as defined in Section
11-2-2 of this ordinance, it shall be considered substantially damaged and must
not be reconstructed except in conformity with the provisions of this ordinance.
4. Based on this determination, the zoning administrator 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 ordinance.
11-94-13: VIOLATIONS AND PENALTIES:
1. Uses in Violation. Every structure, fill, deposit, or other use placed or maintained in the floodplain
in violation of this chapter shall be considered a public nuisance.
2. l Remedies. The creation of a public nuisance may be enjoined and the maintenance of a public
nuisance under this chapter may be abated by an action brought by the city or the Department of
Natural Resources.
3. Enforcement:
a. The city shall 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.
b. Violations of the provisions of this chapter constitutes a misdemeanor and is punishable
as defined by law.
c. The zoning administrator may utilize the full array of enforcement actions available to it
including but not limited to prosecution and fines, injunctions, after -the -fact permits,
orders for corrective measures, or a request to the National Flood Insurance Program for
denial of flood insurance.
Section 3. This Ordinance shall become effective immediately upon its passage and publication.
(Remainder of this page intentionally left blank)
25
ADOPTED by the Otsego City Council this 10L day of June, 2024.
MOTION BY: Moores
SECONDED BY: Dahl
INFAVOR: Stockamp, Dahl, Dunlap, Goede, and Moores
OPPOSED: none
CITY OF OTSEGO
ccKMV
Jessica L. Stockamp, N4ayor
ATTEST:
Audra J. Etzel, Cify Clerk
26
SUMMARY OF ORDINANCE NO.: 2024-06
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE REGARDING FLOODPLAINa
NOTICE IS HEREBY GIVEN that on June 10, 2024, Ordinance 2024-06 was adopted by the City
Council of the City of Otsego, Minnesota,
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends Zoning
Ordinance regarding floodplain areas.
ADOPTED by the Otsego City Council this 10th day of June, 2024.
CITY OF OTSEGO
Jessica L. Stocl<amp, Mayor
ATTEST:
Audra J. Etzel, City Clerl<
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies of the ordinance are available for inspection by contacting the City Clerk,
Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
1
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OFSHERBURNE
Jodi Johnston being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A,02.
(B) This Public Notice was printed and pub=
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/15/2024 and the last
insertion being on 06/15/2024,
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. 9580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580,033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Agent
�S6ribed nd s ern to or affirmed before
on 06/15 20 4 by Jodi Johnston.
f�ot3ry !'tli�ilc;
Staie of lUlinnpsot<a
My Coi7uTtission Expires
Janti ai-v 31, 2028
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999,99 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2024-06
AN ORDINANCE AMENDING
THE ZONING ORDINANCE
REGARDING FLOODPLAIN.
NOTICE IS HEREBY GIVEN
that on June 10, 2024, Ordinance
2024-06 was adopted by the City
Council of the City of Otsego, Min-
nesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends Zoning Or&
nance regarding floodplain areas.
ADOPTED by the Otsego City
Council this 10 th day of June,
2024.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra J. Etzel, City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A1010
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avalk
able for Inspection by contacting
the City Clerk, Otsego City Hall,
13400 90 th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
June 15, 2024
1401829
Ad ID 1401829
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OFSHERBURNE
Jodi Johnston being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A,02.
(B) This Public Notice was printed and pub=
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/15/2024 and the last
insertion being on 06/15/2024,
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. 9580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580,033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Agent
�S6ribed nd s ern to or affirmed before
on 06/15 20 4 by Jodi Johnston.
f�ot3ry !'tli�ilc;
Staie of lUlinnpsot<a
My Coi7uTtission Expires
Janti ai-v 31, 2028
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999,99 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF
ORDINANCE NO.: 2024-06
AN ORDINANCE AMENDING
THE ZONING ORDINANCE
REGARDING FLOODPLAIN.
NOTICE IS HEREBY GIVEN
that on June 10, 2024, Ordinance
2024-06 was adopted by the City
Council of the City of Otsego, Min-
nesota.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends Zoning Or&
nance regarding floodplain areas.
ADOPTED by the Otsego City
Council this 10 th day of June,
2024.
CITY OF OTSEGO
Jessica L. Stockamp, Mayor
ATTEST:
Audra J. Etzel, City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A1010
Subd.10, this Ordinance is pub-
lished in summary form. Complete
copies of the ordinance are avalk
able for Inspection by contacting
the City Clerk, Otsego City Hall,
13400 90 th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
June 15, 2024
1401829
Ad ID 1401829