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5.5. PCSR 10-11-2011
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5.5. PCSR 10-11-2011
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10/7/2011 3:05:26 PM
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10/11/2011
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Section 3. That Section 30-1863 of the City of Elk River Code of Ordinances, titled Findings <br />shall be amended to add subsection (c) as follows: <br />(a) The flood hazard areas of the city are subject to periodic inundation which results in potential loss of <br />life, loss of property, health and safety hazards, disruption of commerce and governmental services, <br />extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which <br />adversely affect the public health, safety, and general welfare. <br />(b) This division is adopted to comply with the rules and regulations of the National Flood Insurance <br />Program codified as 44 Code of Federal Regulations Parts 59 - 78, as amended, so as to maintain the Cit<-'s <br />cli~ibilitr~ in the. National Flood Insurance Program. <br />Section 4. That Section 30-1865 of the City of Elk River Code of Ordinances, titled Lands to <br />which division applies, shall be amended to read as follows: <br />This division shall apply te-~1} only to those lands within the jurisdiction of the city shown on the official <br />zoning map and/or the attachments thereto as being located within the boundaries of the floodway or flood <br />fringe districts. <br />Section 5. That Section 30-1866 of the City of Elk River Code of Ordinances, titled <br />Compliance with Division, shall be amended to read as follows: <br />No new structure or land shall hereafter be used and no structure shall be constructed. located, extended, <br />converted, or structurally altered without full compliance with the terms of this division and other applicable <br />regulations which apply to uses within the jurisdiction of this division. Within the floodway and flood fringe <br />districts, all uses not listed as permitted uses or conditional uses in sections and 3C}-1913, respectively, shall be <br />prohibited. <br />Section 6. That Section 30-1867 of the City of Elk River Code of Ordinances, titled <br />Zoning map adopted, shall be amended to read as follows: <br />The official zoning map together with all materials attached thereto is hereby adopted by reference and <br />declared to be a paxt of this division. The attached material shall include the Flood Insurance Study, <br />Sherburne County, Minnesota and Incorporated Areas, the Map Index for Flood Insurance Stud-, Sherburne <br />Count, Iblinnesota and Incorporated Areas with iVlap Number 27141CIND0 A <br />and the Flood Insurance Rate Map panels therein, <br />~ed~o4~-4, 3~FlA numbered 2714100270 FE, 2714100295 F. 2714100360 FE, 2714100370 EF, <br />2714100380 EF 2714100385 EF, 2714100390 EF, 2714100395 EF, and 2714100410 EF all of these <br />documents being dated November 16, 2011 and prepared by the Federal Emergency Management Aged <br />The official zoning map shall be on file in the office of the city clerk. <br />Section 7. That Section 30-1869 of the City of Elk River Code of Ordinances, tifled <br />Amendments, shall be amended to read as follows: <br />(a) The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it <br />can be shown that the designation is in error or that the area has been filled to or above the elevation of the <br />~e;~eed regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special <br />exceptions to this rule may be permitted by the state Commissioner of Natural Resources if he determines <br />that, through other measures, lands are adequately protected for the intended use. <br />
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