Agenda - Planning Commission - 10/15/2015

Home

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", as defined in 44 Code of Federal Regulations 59.1, 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", as defined in 44 Code of Federal Regulations 59.1, provided that the alteration will not preclude the structure's continued designation as a "historic structure". Subdivision III (Floodplain Overlay Districts) is hereby repealed and replaced with the following: Sec. 117-180. — Statutory authorization and purpose. (a) Statutory Authorization. The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows. (b) Purpose (1) This Subdivision 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 Section to promote the public health, safety, and general welfare by minimizing these losses and disruptions. (2) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the city's eligibility in the National Flood Insurance Program. (3) This Subdivision 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. Sec. 117-181. — General Provisions (a) This Subdivision adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. (1) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Section 117-183 or 117-184 will apply, depending on the location of a property. (2) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 117-183 apply unless the floodway boundary is determined, according to the process outlined in Section 117-185. Once the floodway boundary is determined, the Flood Fringe district standards in Section 117-184 may apply outside the floodway.