2015-11-02 P & Z Packet - Laserfiche WebLink

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Ordinance Language Commentary SECTION 1.0 STATUTORY AUTHORIZATION,FINDINGS OF FACT AND PURPOSE 1.1 Statutory Authorization: The legislature of the State of Minnesota has,in Mandatory language. The zoning enabling Minnesota Statutes Chapter 103F and Chapter[124Z462]delegated the statute reference is Chapter 394 for counties responsibility to local government units to adopt regulations designed to and Chapter 462 for cities and townships. minimize flood losses. Therefore,the(City Council/Board of Commissioners) "Governing body"is the City Council or of .Minnesota,does ordain as follows. County or Township Board. 1.2 Purpose: 1.21 This ordinance regulates development in the flood hazard areas of Mandatory language 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 ordinance to promote the public health,safety,and general welfare by minimizing these losses and disruptions. 1.22 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 community's eligibility in the National Flood Insurance Program. 1.23 is optional language referencing the 1.23 This ordinance is also intended to preserve the natural characteristics natural beneficial functions of floodplain. 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. SECTION 2.0 GENERAL PROVISIONS 2.1 How to Use This Ordinance: This ordinance adopts the floodplain maps The types of floodplain zones present in a applicable to(Community)and includes three floodplain districts:Floodway, community will vary,depending on hydrologic Flood Fringe,and General Floodplain. conditions and the level of detail of the 2.11 Where Floodway and Flood Fringe districts are delineated on the applicable mops. floodplain maps,the standards in Sections 4 or 5 will apply,depending on the location of a property. 2.12 Locations where Floodway and Flood Fringe districts are not If the General Floodplain District(the A zone delineated on the floodplain maps are considered to fall within the or other zones without a defined floodway)is General Floodplain district.Within the General Floodplain district,the not present within the community,references Floodway District standards in Section 4 apply unless the floodway to it,including the provisions of Section 6, boundary is determined,according to the process outlined in Section may be deleted but Section 6 should be 6.Once the floodway boundary is determined,the Flood Fringe "reserved for future use"(i.e.,in case a future District standards in Section 5 may apply outside the floodway. annexation adds an A zone). 2.2 Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of(Community)shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe,or General Floodplain Districts. 2.21 The Floodway,Flood Fringe and General Floodplain Districts are 2.21 is optional—if the community has a overlay districts that are superimposed on all existing zoning districts. zoning ordinance—as most do—it's helpful to The standards imposed in the overlay districts are in addition to any define these districts as overlay districts. If July 2015 1