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Ordinance Language Commentary
<br /> and repair,or repair after damage to existing nonconforming
<br /> structures and nonconforming uses of structures or land are regulated
<br /> by the general provisions of this ordinance and specifically Section
<br /> 11.0.
<br /> 3.23 All structures must be constructed with electrical,heating,ventilation, Item 3.23 is mandatory based on 44 CFR
<br /> plumbing,and air conditioning equipment and other service facilities 60(0)(3),from which this language is drawn.
<br /> that are designed and/or located so as to prevent water from entering
<br /> or accumulating within the components during conditions of flooding.
<br /> 3.24 As-built elevations for elevated or floodproofed structures must be
<br /> certified by ground surveys and flood-proofing techniques must be
<br /> designed and certified by a registered professional engineer or
<br /> architect as specified in the general provisions of this ordinance and
<br /> specifically as stated in Section 10.0 of this ordinance. Optional but recommended language in 3.25
<br /> 3.25 Critical facilities,as defined in Section 2.915,are prohibited in all would prohibit critical facilities in all
<br /> floodplain districts. floodplain districts. This is a higher
<br /> regulatory standard intended to keep critical
<br /> infrastructure and concentrations of people
<br /> out of floodplain areas.
<br /> SECTION 4.0 FLOODWAY DISTRICT(FW)
<br /> 4.1 Permitted Uses: The following uses,subject to the standards set forth in It is critical that the floodway be protected so
<br /> Section 4.2,are permitted uses if otherwise allowed in the underlying zoning that it can transport and store the waters of
<br /> district or any applicable overlay district: the regional(100-year)flood without
<br /> increased flood heights or velocities or
<br /> 4.11 General farming,pasture,grazing,outdoor plant nurseries, threats to public health and safety.
<br /> horticulture,truck farming,forestry,sod farming,and wild crop
<br /> harvesting. Note that communities are not required to
<br /> adopt all of the listed uses,but must provide
<br /> 4.12 Industrial-commercial loading areas,parking areas,and airport landing for some use of the floodway land. Other
<br /> strips. similar uses may be included in this section if
<br /> 4.13 Open space uses,including but not limited to private and public golf they meet the standards in Section 4.2. If a
<br /> courses,tennis courts,driving ranges,archery ranges,picnic grounds, community wishes to restrict all floodplain
<br /> boat launching ramps,swimming areas,parks,wildlife and nature districts to only these permitted floodway
<br /> preserves,game farms,fish hatcheries,shooting preserves, hunting uses,see the DNR's"Restrictive Ordinance."
<br /> and fishing areas,and single or multiple purpose recreational trails.
<br /> 4.14 Residential lawns,gardens,parking areas,and play areas. 4.15:Earlier versions of the DNR sample
<br /> ordinances listed utility and transportation
<br /> 4.15 Railroads,streets,bridges,utility transmission lines and pipelines, uses a conditional uses. In this version,these
<br /> provided that the Department of Natural Resources'Area Hydrologist uses are permitted if DNR is notified and
<br /> is notified at least ten days prior to issuance of any permit,and that certain standards are met
<br /> the standards in Sections 4.41,4.43(a)and 4.46 of this ordinance are
<br /> met.
<br /> 4.2 Standards for Floodway Permitted Uses: Higher standards for floodway protection
<br /> could include limiting impervious coverage in
<br /> 4.21 The use must have a low flood damage potential. the floodway,in order to facilitate infiltration
<br /> 4.22 With the exception of the uses listed in Section 4.15,the use must not of rainfall.
<br /> obstruct flood flows or increase flood elevations and must not involve
<br /> structures,fill,obstructions,excavations or storage of materials or
<br /> equipment.
<br /> 4.23 Any facility that will be used by employees or the general public must
<br /> be designed with a flood warning system that provides adequate time
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