Agenda - Environmental Policy Board - 09/21/2015

Home

1 Ordinance Language Commentary enforcement official and which are the minimum necessary to assure safe living conditions. (b) 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 ordinance, "historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 2.10. Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above may include floodplain areas that lie outside of the corporate boundaries of the (Community) at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the (Community) after the date of adoption of this ordinance, the newly annexed floodplain lands will be subject to the provisions of this ordinance immediately upon the date of annexation. 2.10. Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above will include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of ( County/ Township) after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 3.1 Districts: 3.11 Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 2.3. 3.12 Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 2.3, as being within Zones AE, AO, or AH but being located outside of the floodway. 3.13 General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zones AE, AO, or AH without a floodway on the Flood Insurance Rate Map adopted in Section 2.3. 3.2 Compliance: Within the floodplain districts established in this ordinance, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0, respectively, are prohibited. In addition, a caution is provided here that: Vh/ New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this ordinance and specifically Section 9.0. Modifications, additions, structural alterations, normal maintenance July 2015 6 "Historic structures" as defined in the CFR generally include sites listed on or eligible for the National Register of Historic Places and state- or locally -designated historic properties. The first Section 2.10 applies to cities only. It is optional but recommended — if not included, any annexation will trigger an amendment of the floodplain ordinance. The second Section 2.10 applies only to counties or townships that exercise zoning authority. Counties may choose to adopt specific map panels or adopt the countywide map index. For lakes, ponds and wetlands, the floodway is usually administratively defined as the area at or below the Ordinary High Water Level. See DNR's Floodplain Information Sheet 1, http://files.dnrstate.mn.us/publications/ waters/floodplain management fact sheet 1.pdf If a community has floodplain delineations on the FIRM for lakes, ponds and wetland without delineated floodways, contact DNR Floodplain Program staff forspecific language. Zones AO and AH are areas prone to flooding due to overland flow or small ponds, and are not typically found on most FIRMs. If not present, references in 3.12 and 3.13 can be deleted. Optional language in second paragraph and 3.21 -3.23 cross-references other sections of the ordinance.