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05/05/91
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05/05/91
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Meetings
Meeting Document Type
Agenda
Document Title
Planning and Zoning Commission
Document Date
05/05/1991
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9.22 Flood Plain Ordinance <br /> <br />::f. <br /> <br />:Subd. <br /> <br />a. <br /> <br />approved plans and applications authorize only the use, arrangement, and <br />construction set forth in such approved plans and applications, and no other <br />use, arrangement, or construcnon. Any use, arrangement, or construction <br />at variance with that authorized shall be deemed a violation of this <br />ordinance, and punishable as provided by §9.22.12 of this ordinance. <br /> <br />Certification. The applicant shall be required to submit certification by a <br />registered professional engineer, registered architect, or registered land <br />surveyor that the finished fill and building elevations were accomplished in <br />compliance with the provisions of this ordinance. Flood-proofing measures <br />shall be certified by a registered professional engineer or registered <br />architect. <br /> <br />Record of First Floor Elevation. The Zoning Administrator shall maintain a <br />record of the elevation of the lowest floor (including basement) of all new <br />structures and alterations or additions to existing structures in the flood <br />plain. The Zoning Administrator shall also maintain a record of the <br />elevation to which structures or alterations and additions to structures are <br />flood-proofed. <br /> <br />3 Board of Adjustment: <br /> <br />Rules. The Board of Adjustment shall adopt rules for the conduct of <br />business and may exercise all of the powers conferred on such Boards by <br />State law. <br /> <br />Administrative Review. The Board shall hear and decide appeals where it is <br />alleged there is error in any order, requirement, decision, or determination <br />made by an administrative official in the enforcement or administration of <br />this Ordinance. <br /> <br />Variances. The Board may authorize upon appeal in specific cases such <br />relief or variance from the terms of this ordinance as will not be contrary to <br />the public interest and only for those circumstances such as hardship, <br />practical difficulties or circumstances unique to the property under <br />consideration, as provided for in the respective enabling legislation for <br />planning and zoning for cities or counties as appropriate. In the granting of <br />such variance, the Board of Adjustment shall clearly identify in writing the <br />specific conditions that existed consistent with the criteria specified in the <br />respective enabling legislation which justified the granting of the variance. <br />No variance shall have the effect of allowing in any district uses prohibited <br />in that district, permit a lower degree of flood protection than the Regulatory <br />Flood Protection Elevation for the particular area, or permit standards lower <br />than those required by State law. <br /> <br />Hearings. Upon filing with the Board of Adjustment of an appeal from a <br />decision of the Zoning Administrator, or an application for a variance, the <br />Board shall fix a reasonable time for a hearing and give due notice to the <br />parties in interest as specified by law. The Board shall submit by mail to the <br />Commissioner of Natural Resources a copy of the application for proposed <br />variances sufficiently in advance so that the Commissioner will receive at <br />least ten days notice of the heating. <br /> <br />Decisions. The Board shall arrive at a decision on such appeal or variance <br />within sixty (60) days of the adjournment of the public hearing. In passing <br />upon an appeal, the Board may, so long as such action is in conformity with <br /> <br />Draft <br /> <br />2 <br /> <br />14 4/29/92 <br /> <br /> <br />
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