ORD 11-05 - Laserfiche WebLink

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Section 5. That Section 30 -1866 of the City of Elk River Code of Ordinances, titled Compliance with Division, shall be amended to read as follows: No new structure or land shall hereafter be used and no structure shall be constructed, located, extended, converted, or structurally altered without full compliance with the terms of this division and other applicable regulations which apply to uses within the jurisdiction of this division. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses in Sections 30 -1912 and 30 -1913, respectively, shall be prohibited. Section 6. That Section 30 -1867 of the City of Elk River Code of Ordinances, titled Zoning map adopted, shall be amended to read as follows: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this division. The attached material shall include the Flood Insurance Study, Sherburne County, Minnesota And Incorporated Areas, the Map Index for Flood Insurance Study, Sherburne County, Minnesota And Incorporated Areas with Map Number 27141CINDO A and the Flood Insurance Rate Map panels therein, numbered 27141CO270 F, 27141CO295 F, 27141C0360 F, 27141C0370 F, 27141C0380 F, 27141C0385 F, 27141C0390 F, 27141C0395 F, and 27141C0410 F, all of these documents being dated November 16, 2011 and prepared by the Federal Emergency Management Agency. The official zoning map shall be on file in the office of the city clerk. Section 7. That Section 30 -1869 of the City of Elk River Code of Ordinances, titled Amendments, shall be amended to read as follows: (a) The floodplain designation on the official zoning map shall not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the state Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. (b) All amendments to this division, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's technical conditions and criteria and must receive prior approval from the Federal Emergency Management Agency before adoption. The Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an amendment to this division, and the notice shall include a draft of the ordinance amendment or technical study under consideration. Section 8. That Section 30 -1870 of the City of Elk River Code of Ordinances, titled Interpretation of division, determination of boundaries of districts, shall be amended to read as follows: (a) In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Wlere interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Land Development Staff, the Board of Adjustments shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile, the ground elevations that existed on the site at the time the city adopted its initial floodplain regulations or on the date of the first National Flood Insurance program map showing the