ORD 11-05 - Laserfiche WebLink

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Section 2. That Section 30 -1861 of the City, of Elk River Code of Ordinances, titled Definitions shall be amended to add the follow ng: Conditional use, when used in this Division 11 means a specific type of structure or land use listed in the official control that may be allowed but only after an in -depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/ or land use conform to the comprehensive land use plan and are compatible with the existing neighborhood. Manufactured borne means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without permanent foundation when attached to the required utilities. The term `manufactured home' does not include the term `recreational vehicle'. Structure, when used in Division 11 of this Article, means anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting criteria specified in Section 1935 of this Ordinance and other similar items. Substantial Damage, as used in this division, means damage of any origin sustained by a structure where the cost of restoring the structure to it before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement, as used in this division, means, within any 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" 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: a. 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 Building Official and which are the minimum necessary to assure safe living conditions. b. Any alteration of an "historic structure ", provided that the alteration will not preclude the structure's continued designation as an "historic structure ". For the purpose of this division, "historic structure" shall be defined in 44 Code of Federal Regulations, part 59.1.Variance, when used in Division 11 of this article, means a modification of a specific permitted development standards required in an official control including this ordinance, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstances as defined and elaborated upon in a community's respective planning and zoning enabling legislation. Section 3. That Section 30 -1863 of the City of Elk River Code of Ordinances, titled Findings shall be amended to add subsection (c) as follows: (c) This division 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. Section 4. That Section 30 -1865 of the City of Elk River Code of Ordinances, titled Lands to which division applies, shall be amended to read as follows: This division shall apply only to those lands within the jurisdiction of the city shown on the official zoning map and /or the attachments thereto as being located within the boundaries of the floodway or flood fringe districts.