CHAPTER 3.
FLOODPLAIN ORDINANCE
NUMBER 82
ADOPTED BY THE WASHINGTON COUNTY BOARD OF COMMISSIONERS
June 26, 1990
TABLE OF CONTENTS
CHAPTER 3 -- FLOODPLAIN ORDINANCE
Section 1. Title 1
Section 2. Intent and Purpose 1
Section 3. Statutory Authorization & Findings of Fact 2
301. Statutory Authorization 2
302. Findings of Fact 2
Section 4. Definitions 3
401. Rules 3
402. Definitions 3
Section 5. General Provisions 6
501. Application of this Ordinance: 6
Section 6. Establishment of Zoning Districts 8
601. Zoning Districts 8
602. Compliance 8
Section 7. Floodway District (FW) 9
701. Permitted Uses 9
702. Conditional Uses 9
703. Standards for Floodway Conditional Uses 10
Section 8. Flood Fringe District (FF) 13
801. Permitted Uses 13
802. Conditional Uses . 13
803. Standards for Flood Fringe Conditional Uses. 14
804. Standards for Flood Fringe Uses 16
Section 9. General Floodplain District (GFP) 17
901. Permitted Uses 17
902. Floodway/Flood Fringe Determinations 17
Section 10. Subdivisions 19
1001. Subdivision Regulations 19
1002. Floodway/Flood Fringe Determinations 19
1003. Removal of Flood Hazard Designation 19
Section 11. Public Utilities, Railroads, Roads and Bridges 20
1101. Public Utilities 20
1102. Public Transportation Facilities 20
1103. On-Site Sewage Treatment & Water Supply 20
PAGE
Section 12. Manufactured Homes 21
Section 13. Administration 22
1301. Zoning Administrator 22
1302. Use Permit 22
1303. Conditional Uses 23
1304. Variances 26
Section 14. Nonconforming Uses 27
1401. Nonconforming Use Regulations 27
Section 15. Penalties for Violation 29
1501. Violations 29
1502. Penalties 29
Section 16. Amendments 31
Section 17. Effective Date 32
WASHINGTON COUNTY, MINNESOTA
CHAPTER 3. FLOODPLAIN ORDINANCE
AN ORDINANCE FOR THE CONTROLLING OF LANDS WITHIN WASHINGTON COUNTY THAT
ARE SUBJECT TO
RECURRING FLOODING BY OVERFLOW OF STREAMS AND OTHER WATER COURSES CAUSING
HAZARD TO LIFE AND
PROPERTY, DISRUPTION OF COMMERCE AND GOVERNMENTAL SERVICES, UNSANITARY
CONDITIONS, AND THE
INTERRUPTION OF TRANSPORTATION AND COMMUNICATIONS, ALL OF WHICH ARE
DETRIMENTAL TO THE HEALTH,
SAFETY AND WELFARE OF THE OCCUPANTS OF FLOODPLAIN AREAS AND REPEALING
THE WASHINGTON COUNTY
FLOODPLAIN ORDINANCE PASSED BY THE WASHINGTON COUNTY BOARD OF COMMISSIONERS
ON MAY 4, 1982 AS
CHAPTER 3 OF THE WASHINGTON COUNTY DEVELOPMENT CODE.
THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, MINNESOTA DOES
ORDAIN:
SECTION 1. TITLE
101. Short Title. This Ordinance shall be known, cited and referred
to as the Washington County Floodplain Ordinance; except as referred to
herein, where it shall be known as, "This Ordinance".
SECTION 2. INTENT AND PURPOSE
201. Purpose. This Ordinance is adopted for the purpose of:
(1) Protecting the public health, safety, morals, comfort, convenience and general welfare.
(2) Conserving and developing natural resources, and maintaining a high
standard of
environmental quality.
(3) Preserving the capacity, of floodplains to carry and discharge regional floods.
(4) Preserving and enhancing the quality of surface waters.
(5) Regulating the placement of sanitary and waste disposal facilities on lots.
(6) Promoting the health, safety, and general welfare by regulating the
placement of structures
and facilities in flood prone areas.
(7) To be consistent with the changes in the Federal Emergency Management
Agency (FEMA)
rules by repealing the existing floodplain ordinance and substituting this
ordinance which
incorporates and implements the new FEMA rules.
SECTION 3. STATUTORY AUTHORIZATION & FINDINGS OF FACT
301. Statutory Authorization. The Legislature of the State of Minnesota
has, in Minnesota Statutes Chapter 104, delegated the responsibility to
local governmental units to adopt regulations designed to minimize
flood losses.
302. Findings of Fact.
302.01. The flood hazard areas of the unincorporated areas of Washington
County, Minnesota, are subject to periodic inundation which
results in potential loss of life, loss of 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, all of which adversely affect the public health, safety,
and
general welfare.
302.02. Methods Used to Analyze Flood Hazards. This Ordinance is based
upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota Department
of Natural Resources.
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SECTION 4. DEFINITIONS
401. Rules
401.01. In the event of conflicting provisions in the text of this Ordinance,
the more restrictive provision shall apply. The County Zoning
Administrator shall rule on what is more "restrictive" and appeals
from said decisions may be made in a manner provided.
401.02. Words used in the present tense include the past and future
tense; the singular number includes the plural and the plural includes
the
singular; the word "shall" is mandatory, and the word if may" is permissive.
402. Definitions.
402.01. Unless specifically defined below, words or phrases used in
this Ordinance shall be interpreted so as to give them the same meaning
as
they have in common usage and so as to give this Ordinance its most
reasonable application.
(1) Accessory Use or Structure. A use or structure on the same lot with,
and of a nature
customarily incidental and subordinate to, the principal use or structure.
(2) Basement. Any area of a structure, including crawl spaces, having its
floor or base sub-grade
(below ground level) on all four sides, regardless of the depth of excavation
below ground level.
(3) Conditional Use. 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:
(1) certain conditions as detailed in the zoning ordinance exist and (2)
the structure and/or land
use conform to the comprehensive land use plan if one exists and are compatible
with the
existing neighborhood.
(4) Equal Degree of Encroachment. A method of determining the location
of floodway
boundaries so that floodplain lands on both sides of a stream are capable
of conveying a
proportionate share of flood flows.
(5) Flood. A temporary increase in the flow or stage of a stream or in
the stage of a lake that
results in the inundation of normally dry areas.
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(6) Flood Frequency. The average frequency, statistically determined,
for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
(7) Flood Fringe. That portion of the floodplain outside of the floodway.
Flood fringe is synonymous with the term "Floodway
Fringe" used in the Flood Insurance Study for Washington County.
8.Floodplain. The beds proper and the areas adjoining a watercourse
which have been or hereafter may be covered by the regional flood.
9.Floodproofing. A combination of structural provisions, changes, or
adjustments to properties and structures subject to flooding, primarily
for the reduction or elimination of flood damages.
(10) Floodway. The bed of a wetland or lake and the channel of the watercourse
and those portions of the adjoining floodplain
which are reasonably required to carry and discharge the regional
flood.
(11) Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile,
abutment, projection, excavation, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure,
or matter in, along, across, or projecting into any channel,
watercourse, or regulatory floodplain which may impede, retard,
or change the direction of the flow of water, either in itself or
by catching or collecting debris carried by such water.
(12) Normal Ordinary High Water Mark. A mark delineating the
highest water level which has been maintained for a sufficient
period of time to leave evidence upon the landscape. The ordinary
high water mark is commonly that point where the natural
vegetation changes from predominantly aquatic to predominantly terrestrial.
(13) Principal Use or Structure. All uses or structures that are not accessory uses or structures.
(14) Reach. A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or
man-made obstruction. In an urban area, the segment of a stream
or river between two consecutive bridge crossings would
most typically constitute a reach.
(15) Regional Flood. A flood which is representative of large floods known to have occurred generally in
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Minnesota and reasonably characteristic of what can be expected to occur
on an average frequency in the magnitude of the
100 year recurrence interval. Regional flood is synonymous with the
term "Base Flood" used in the Flood Insurance Study.
(16) Regulatory Flood Protection Elevation. The Regulatory Flood
Protection Elevation shall be an elevation no lower than
one foot above the elevation of the regional flood plus any increases
in flood elevation caused by encroachment on the
floodplain that result from designation of a floodway.
(17) Structure. Anything constructed or erected on the ground
or attached to the ground, including, but not limited to, buildings,
factories, sheds, detached garages, cabins, mobile homes, and
similar items.
(18) Variance. A modification of a specific permitted development standard
required in an official control including this
ordinance to allow an alternative development standard not stated
as acceptable in the official control, but only as applied to a
particular property for the purpose of alleviating a hardship,
practical difficulty or unique circumstance as defined and
elaborated upon in the Washington County Zoning Ordinance.
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SECTION 5. GENERAL PROVISIONS
501. Application of this Ordinance.
501.01. Where the conditions imposed by any provision of this Ordinance
are either more restrictive or less restrictive than comparable
conditions imposed by any of the other Chapters of the Washington County
Development Code or by any other law, ordinance, statute,
resolution, or regulation of any kind, the regulations which are more
restrictive, or which impose higher standards or requirements shall
prevail.
501.02. The provisions of this Ordinance are in addition to, rather
than in lieu of, regulations imposed by Chapter 1, Zoning Ordinance and
Chapter 2, Shoreland Management Ordinance, of the County Development
Code for Washington County, Minnesota.
501.03. Lands to which ordinance applies. This Ordinance shall apply
to all lands within the unincorporated areas of Washington County
shown on the Official Zoning Map as being located within the boundaries
of the Floodway, Flood Fringe, or General Floodplain Districts.
501.04. Establishment of Official Zoning Map. The Official Zoning Map,
together with all materials attached thereto, is hereby adopted by
reference and declared to be a part of this Ordinance. The attached
material shall include the Flood Insurance Study for the unincorporated
areas of Washington County prepared by the Federal Insurance Administration
dated May 17, 1982, and the Flood Boundary and Floodway
Maps and Flood Insurance Rate Maps therein. The Official Zoning Map
shall be on file in the office of the County Auditor and the
Washington County Zoning Administrator.
501.05. Regulatory flood protection elevation. The Regulatory Flood
Protection Elevation shall be an elevation no lower than one foot above
the elevation of the regional flood plus any increases in flood elevation
caused by encroachment on the floodplain that result from designation
of a floodway.
501.06. Interpretation.
(1) In their interpretation and application, the provisions of this Ordinance
shall be held to be the
minimum requirements and shall be liberally construed in favor of the governing
body and shall
not be deemed a limitation or repeal of any other powers granted by State
Statutes.
(2) The boundaries of the zoning district shall be determined by scaling
distances on the Official
Zoning Map. Where interpretation is needed as to the exact
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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, the
Planning Commission shall make the necessary interpretation based on available
technical data.
Persons contesting the location of the district boundaries shall be given
a reasonable opportunity
to present their case to the Planning Commission and to submit technical
evidence.
501.07. Compliance. No structure or land shall hereafter be used, and no
structure shall be
located, extended, converted, or structurally altered without full compliance
with the terms of this
Ordinance and other applicable regulations which apply to uses within the
jurisdiction of this
Ordinance.
501.08. Abrogation and greater restrictions. It is not intended by this
Ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance shall prevail.
501.09. Warning and disclaimer of liability. This Ordinance does not
imply that areas outside the floodplain districts or land uses permitted
within such districts will be free from flooding or flood damages.
This Ordinance shall not create liability on the part of Washington County
or
any officer or employee thereof for any flood damages that result from
reliance on this Ordinance or any administrative decision lawfully
made thereunder.
501.10. Severability. If any section, clause, provision, or portion
of this Ordinance is adjudged unconstitutional or invalid by a court of
competent jurisdiction, the remainder of this Ordinance shall not be
affected thereby.
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SECTION 6. ESTABLISHMENT OF ZONING DISTRICTS
601. The floodplain areas within the jurisdiction of this Ordinance
are hereby divided into three districts: Floodway District (FW), Flood
Fringe
District (FF), and General Floodplain District (GFP).
(1) Floodway District. The Floodway District shall include those areas
designated as floodway on
the Flood Boundary Floodway Maps and/or as established by elevations delineated
by the
Federal Emergency Management Administration.
(2) Flood Fringe District. The Flood Fringe District shall include those
areas designated as
floodway fringe on the Flood Boundary Floodway Maps.
(3) General Floodplain District. The General Floodplain District shall
include those areas
designated as unnumbered A Zones on the Flood Insurance Rate Map.
The boundaries of these districts shall be shown on the Official Zoning
Map. Within these districts all uses not allowed as permitted uses or
permissible as conditional uses shall be prohibited.
602. Compliance. No new structure or land shall hereafter be used and
no structure shall be located, extended, converted, or structurally
altered without full compliance with the terms of this Ordinance and
other applicable regulations which apply to uses within the jurisdiction
of
this Ordinance. Within the Floodway, Flood Fringe and General Floodplain
Districts, all uses not listed as permitted uses or conditional uses in
Sections 7, 8 and 9 that follow, respectively, shall be prohibited.
In addition, a caution is provided here that:
602.01. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Ordinance and
specifically in Section 12.
602.02. Modifications, additions, structural alterations or repair after
damage to existing nonconforming structures and nonconforming uses of
structures or land are regulated by the general provisions of this
Ordinance and specifically Section 14.
602.03. As-built elevations for elevated or floodproofed structures
must be certified by ground surveys and floodproofing techniques must be
designed and certified by a registered professional engineer or architect
as specified in the general provisions of this Ordinance and
specifically as stated in Section 13 of this Ordinance.
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SECTION 7. FLOODWAY DISTRICT (FW)
701. Permitted Uses.
701.01. The following uses have a low flood damage potential and do
not obstruct flood flows. These uses shall be permitted within the
Floodway District to the extent that they are not prohibited by any
other ordinance and provided they do not require structures, fill, or
storage of materials or equipment. In addition, no use shall adversely
affect the capacity of the channels or floodways or any tributary to the
main stream or of any drainage ditch, or any other drainage facility
or system.
(1) Agricultural uses such as general farming, pasture, grazing, outdoor
plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop harvesting.
(2) Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips.
(3) Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds,
boat launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas,
and single or multiple purpose recreational trails.
(4) Residential lawns, gardens, parking areas, and play areas.
702. Conditional Uses.
702.01. The following uses are allowed following the issuance of a Conditional
Use Permit provided they are also permitted uses in the
Washington County Zoning Ordinance.
(1) Structures accessory to uses listed in 701.01 above and uses listed in 702.02 through 702.08.
(2) Placement of fill.
(3) Extraction of sand, gravel, and other materials.
(4) Marinas, boat rentals, docks, piers, wharves, and water control structures.
(5) Railroads, streets, bridges, utility transmission lines, and pipelines.
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(6) Storage yards for equipment, machinery, or materials.
(7) Other uses similar in nature to uses described in Sections 701 and
702 which are consistent
with the intent and purpose of this Ordinance.
(8) Structural works for flood control such as levees, dikes and floodwalls
constructed to any
height where the intent is to protect individual structures and agricultural
crops for a frequency
flood event equal to or less than the 10-year frequency flood event.
703. Standards for Floodway Conditional Uses.
703.01. All uses. No structure (temporary or permanent), fill (including
fill for roads and levees), deposit, obstruction, storage of materials
or
equipment, or other uses may be allowed as a conditional use that will
cause any increase in the stage of the 100-year or regional flood or
cause an increase in flood damages in the reach or reaches affected.
703.02. All floodway conditional uses shall be subject to the procedures
and standards contained in Section 1303 of this Ordinance and Section
505 of Chapter 1, Washington County Development Code.
703.03. The conditional use shall be permissible in the underlying zoning district if one exists.
703.04. Fill.
(1) Fill, dredge spoil and all other similar materials deposited or stored
in the floodplain shall be
protected from erosion by vegetative cover, mulching, rip rap or other
acceptable method.
(2) Dredge spoil sites and sand and gravel operations shall not be allowed
in the floodway unless
a long term site development plan is submitted which includes an erosion/sedimentation
prevention element to the plan.
(3) As an alternative, and consistent with Subsection (2) immediately above,
dredge spoil disposal
and sand and gravel operations may allow temporary, on-site storage of
fill or other materials
which would have caused an increase to the stage of the 100-year or regional
flood but only after
the Washington County has received an appropriate plan which assures the
removal of the
materials from the floodway based upon the flood warning time available.
The conditional use
permit must be title registered with the property in the Office of the
County Recorder.
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703.05. Accessory structures (temporary or permanent) permitted as conditional
uses by Section 702.01 (1) and Chapter 1 of the Washington
County Development Code.
(1) Accessory structures shall not be designed for human habitation.
(2) Accessory structures, if permitted, shall be constructed and placed
on the building site so as to
offer the minimum obstruction to the flow of floodwaters.
(a) Whenever possible, structures shall be constructed with the longitudinal
axis
parallel to the direction of flood flow, and
(b) So far as practicable, structures shall be placed approximately on
the same
flood flow lines as those of adjoining structures.
(3) Accessory structures shall be elevated on fill or structurally dry
floodproofed in accordance
with the FP-1 or FP-2 floodproofing classifications in the State Building
Code. As an alternative,
an accessory structure may be floodproofed to the FP-3 or FP-4 floodproofing
classification in
the State Building Code provided the accessory structure constitutes a
minimal investment, does
not exceed 500 square feet in size, and for a detached garage, the detached
garage must be used
solely for parking of vehicles and limited storage. All floodproofed accessory
structures must
meet the following additional standards, as appropriate:
(a) The structure must be adequately anchored to prevent flotation, collapse
or lateral
movement of the structure and shall be designed to equalize hydrostatic
flood forces on
exterior walls; and
(b) Any mechanical and utility equipment in a structure must be elevated
to or above the
Regulatory Flood Protection Elevation or properly floodproofed.
703.06. Storage of Materials and Equipment.
(1) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable
from the area
within the time available after a flood warning and in accordance with
a plan approved by the
Zoning Administrator.
703.07. Structural works for flood control that will change the course,
current or cross section of protected wetlands or public waters shall be
subject to the provisions of Minnesota Statute, Chapter 105. Community-wide
structural works for flood control intended to remove areas from
the regulatory floodplain shall not be allowed in the floodway.
703.08. A levee, dike or floodwall constructed in the floodway shall
not cause an increase to the 100-year or regional flood and the technical
analysis must assume equal conveyance or storage loss on both sides
of a stream.
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SECTION 8. FLOOD FRINGE DISTRICT (FF)
801. Permitted Uses.
801.01. The following uses shall be permitted uses within the Flood
Fringe District to the extent that they are not prohibited by any other
ordinance:
(1) Any uses permitted in Section 701.
(2) Accessory structures provided they comply with the provisions of Section
703.03 of this
Ordinance and the Washington County Zoning Ordinance.
(3) Residences and other structures constructed on fill so that the basement
floor or first floor, if
there is no basement, is at or above the Regulatory Flood Protection elevation.
The finished fill
elevation shall be no lower than one (1) foot below the Regulatory Flood
Protection Elevation
and shall extend at such elevation at least fifteen (15) feet beyond the
limits of any structure or
building erected thereon. Fill shall be compacted and the slopes shall
be protected by rip rap or
vegetative covering. Residences constructed on fill shall be subject to
the vehicular access
requirements in Section 804.01.
(4) As an alternative to elevation on fill, accessory structures that constitute
a minimal investment
and that do not exceed 500 square feet for the outside dimension at ground
level may be
internally floodproofed in accordance with Section 703.05 (3).
801.02. No use shall be permitted which will adversely affect the capacity
of the channels or floodways of any tributary to the main stream, or
of any drainage ditch, or any other drainage facility or system.
801.03. The placement of fill where a cumulative total of one-thousand
(1,000) cubic yards of fill is proposed to be located on the parcel shall
require a conditional use permit, unless said fill is specifically
intended to elevate a structure in accordance with Section 801.01 (3) of
this
Ordinance.
801.04. The storage of any materials or equipment shall be elevated on fill to the Regulatory Flood Protection Elevation.
802. Conditional Uses.
802.01. Any structure that is not elevated on fill or floodproofed in
accordance with Section 801.01 (3) or any use of land that does not comply
with the standards in Sections 801.03 and 801.04
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shall only be allowed as a conditional use. An application for a conditional
use shall be subject to the standards and criteria and evaluation
procedures specified in Sections 803, 804 and 1303 of this Ordinance,
and Section 505 of Chapter 1 of the Washington County Development
Code.
803. Standards for Flood Fringe Conditional Uses.
803.01. Alternative elevation methods other than the use of fill may
be utilized to elevate a structure's lowest floor above the Regulatory
Flood
Protection Elevation. These alternative methods may include the use
of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas
such
as crawl spaces or tuck under garages. The base or floor of an enclosed
area shall be considered above-grade and not a structure's basement
or lowest floor if: 1) the enclosed area is above-grade on at least
one side of the structure; 2) is designed to internally flood and is constructed
with flood resistant materials; and 3) is used solely for parking of
vehicles, building access or storage. The above-noted alternative elevation
methods are subject to the following standards:
(1) Design and Certification - The structure's design and as-built condition
must be certified by a
registered professional engineer or architect as being in compliance with
the general design
standards of the State Building Code and, specifically, that all electrical,
heating, ventilation,
plumbing and air conditioning equipment and other service facilities must
be at or above the
Regulatory Flood Protection Elevation or be designed to prevent floodwater
from entering or
accumulating within these components during times of flooding.
(2) Specific Standards for Above-Grade, Enclosed Areas Above-grade, fully
enclosed areas
such as crawl spaces or tuck under garages must be designed to internally
flood and design plans
must stipulate:
(a) The minimum area of openings in the walls where internal flooding is
to be
used as a floodproofing technique. When openings are placed in a structure's
walls to provide for entry of floodwaters to equalize pressures, the bottom
of all
openings shall be no higher than one-foot above grade. Openings may be
equipped with screens, louvers, valves, or other coverings or devices provided
that they permit the automatic entry and exit of floodwaters.
(b) That the enclosed area will be designed of flood resistant materials
in
accordance with the FP-3 or FP-4 classifications in the State Building
Code
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and shall be used solely for building access, parking of vehicles or storage.
803.02. Basements, as defined by Section 402.01 (2)-of this Ordinance, shall be subject to the following:
(1) Residential basement construction shall not be allowed below the Regulatory
Flood Protection
Elevation.
(2) Nonresidential basements may be allowed below the Regulatory Flood
Protection Elevation
provided the basement is structurally dry floodproofed in accordance with
Section 803.03 of this
Ordinance.
803.03. All areas of nonresidential structures including basements to
be placed below the Regulatory Flood Protection Elevation shall be
floodproofed in accordance with the structurally dry floodproofing
classifications in the State Building Code. Structurally dry floodproofing
must meet the FP-1 and FP-2 floodproofing classification in the State
Building Code and this shall require making the structure watertight with
the walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Structures floodproofed
to the FP-3 or FP-4 classification shall not be permitted.
803.04. The placement of fill where a cumulative total of one-thousand
(1,000) cubic yards of fill is proposed to be located on the parcel for
such activities as on-site storage, landscaping, sand and gravel operations,
landfills, roads, dredge spoil disposal or construction of flood
control works, an erosion/sedimentation control plan must be submitted.
The plan must clearly specify methods to be used to stabilize the fill
on site for a flood event at a minimum of the 100-year or regional
flood event. The plan must be prepared and certified by a registered
professional engineer or other qualified individual acceptable to the
Zoning Administrator. The plan may incorporate alternative procedures
for removal of the material from the floodplain if adequate flood warning
time exists.
803.05. Storage of Materials and Equipment.
(1) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or
potentially injurious to human, animal, or plant life is prohibited.
(2) Storage of other materials or equipment may be allowed if readily removable
from the area
within the time available after a flood warning and in accordance with
a plan approved by the
Zoning Administrator.
6.The provisions of Section 804 of this Ordinance shall also apply.
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804. Standards for Flood Fringe Uses.
804.01. All new principal structures must have vehicular access at or
above an elevation not more than two (2) feet below the Regulatory Flood
Protection Elevation. If a variance to this requirement is granted,
the Board of Adjustment must specify limitations on the period of use or
occupancy of the structure for times of flooding and only after determining
that adequate flood warning time and local flood emergency
response procedures exist.
804.02. Commercial Uses - accessory land uses, such as yards, railroad
tracks, and parking lots may be at elevations lower than the Regulatory
Flood Protection Elevation. However, a permit for such facilities to
be used by the employees or the general public shall not be granted in
the
absence of a flood warning system that provides for adequate time for
evacuation if the area would be inundated to a depth greater than two
feet or be subject to flood velocities greater than four feet per second
upon occurrence of the regional flood.
804.03. Manufacturing and Industrial Uses - measures shall be taken
to minimize interference with normal plant operations especially along
streams having protracted flood duration. Certain accessory land uses
such as yards and parking lots may be at lower elevations subject to
requirements set out in Section 804.02 above. In considering permit
applications, due consideration shall be given to needs to an industry
whose business requires that it be located in floodplain areas.
804.04. Fill shall be properly compacted and the slopes shall be properly
protected by the use of rip rap, vegetative cover or other acceptable
method. The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above
the 100-year flood elevation - FEMA's requirements incorporate specific
fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated prior
to
the initiation of site preparation if a change of special flood hazard
area designation is requested.
804.05. Floodplain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the Official Zoning Map.
804.06. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and
lateral movement. Methods of anchoring may include, but are not to
be limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to applicable state or local anchoring requirements
for resisting wind forces.
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SECTION 9. GENERAL FLOODPLAIN DISTRICT (GFP)
901. Permitted Uses.
901.01. The uses listed in Section 701 of this Ordinance shall be permitted uses.
901.02. All other uses shall be subject to the floodway/flood fringe
evaluation criteria pursuant to Section 902 below. Section 7 shall apply
if the
proposed use is in the Floodway District and Section 8 shall apply
if the proposed use is in the Flood Fringe District.
902. Procedures for Floodway and Flood Fringe Determinations Within the General Floodplain District.
902.01. Upon receipt of an application for a Conditional Use Permit
for a use within the General Floodplain District, the applicant shall be
required to furnish such of the following information as is deemed
necessary by the Zoning Administrator for the determination of the
Regulatory Flood Protection Elevation and whether the proposed use
is within the Floodway or Flood Fringe District.
(1) A typical valley cross-section showing the channel of the stream, elevation
of land areas
adjoining each side of the channel, cross-sectional areas to be occupied
by the proposed
development, and high water information.
(2) Plan (surface view) showing elevations or contours of the ground; pertinent
structure, fill, or
storage elevations; size, location, and spatial arrangement of all proposed
and existing structures
on the site; location and elevations of streets; photographs showing existing
land uses and
vegetation upstream and downstream; and soil type.
(3) Profile showing the slope of the bottom of the channel or flow line
of the stream for at least 500
feet in either direction from the proposed development.
902.02. The applicant shall be responsible to submit one copy of the
above information to a designated engineer or other expert person or
agency for technical assistance in determining whether the proposed
use is in the Floodway or Flood Fringe District and to determine the
Regulatory Flood Protection Elevation. Procedures consistent with Minnesota
Regulations 1983, Parts 6120.5000 6120.6200 shall be followed in
this expert evaluation. The designated engineer or expert is strongly
encouraged to discuss the proposed technical evaluation methodology
with the respective
17 -
Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall:
(1) Estimate the peak discharge of the regional flood.
(2) Calculate the water surface profile of the regional flood based upon
a hydraulic analysis of
the stream channel and over-bank areas.
(3) Compute the floodway necessary to convey or store the regional flood
without increasing
flood stages more than 0.5 foot. A lesser stage increase than 0.5 foot
shall be required if, as a
result of the additional stage increase, increased flood damages would
result. An equal degree of
encroachment on both sides of the stream within the reach shall be assumed
in computing
floodway boundaries.
902.03. The Zoning Administrator shall present the technical evaluation
and findings of the designated engineer or expert to the Planning
Commission. The Planning Commission must formally accept the technical
evaluation and the recommended Floodway and/or Flood Fringe
District boundary or deny the permit application. The Planning Commission,
prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency
or the Department of Natural Resources for review and
comment. Once the Floodway and Flood Fringe Boundaries have been determined,
the Planning Commission shall refer the matter back to
the Zoning Administrator who shall process the permit application consistent
with the applicable provisions of Sections 7 and 8 of this
Ordinance.
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SECTION 10. SUBDIVISIONS
1001. Subdivision Regulations.
1001.01. Review Criteria. No land shall be subdivided which is unsuitable
for the reason of flooding, inadequate drainage, water supply or
sewage treatment facilities. All lots within the floodplain districts
shall contain a building site at or above the Regulatory Flood Protection
Elevation. All subdivisions shall have water and sewage treatment facilities
that comply with the provisions of this Ordinance and Chapter 4 of
the Washington County Development Code, and have road access both to
the subdivision and to the individual building sites no lower than
two feet below the Regulatory Flood Protection Elevation. For all subdivisions
in the Floodplain, the Floodway and Flood Fringe boundaries,
the Regulatory Flood Protection Elevation and the required elevation
of all access roads shall be clearly labeled on all required subdivision
drawings and platting documents. All subdivisions must also be in conformance
with the Washington County Subdivision Ordinance and
Zoning Ordinance.
1002. Floodway/Flood Fringe Determinations in the General Floodplain District.
1002.01. In the General Floodplain District, applicants shall provide
the information required in Section 902 of this Ordinance to determine
the
100-year flood elevation, the Floodway and Flood Fringe District boundaries
and the Regulatory Flood Protection Elevation for the
subdivision site.
1003. Removal of Special Flood Hazard Area Designation.
1003.01. The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above
the 100-year flood elevation. FEMA'8 requirements incorporate specific
fill
compaction and side slope protection standards for multi-structure
or multi-lot developments. These standards should be investigated prior
to
the initiation of site preparation if a change of special flood hazard
area designation will be requested.
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SECTION 11. PUBLIC UTILITIES, RAILROADS, ROADS AND BRIDGES
1101. Public Utilities
1101.01. All public utilities and facilities such as gas, electrical,
sewer and water supply systems to be located in the floodplain shall be
floodproofed in accordance with the State Building Code or elevated
to above the Regulatory Flood Protection Elevation.
1102. Public Transportation Facilities.
1102.01. Railroad tracks, roads, and bridges to be located within the
floodplain shall comply with Sections 7 and 8 of this Ordinance. Elevation
to the Regulatory Flood Protection Elevation shall be provided where
failure or interruption of these transportation facilities would result
in
danger to the public health or safety or where such facilities are
essential to the orderly functioning of the area. Minor or auxiliary roads
or
railroads may be constructed at a lower elevation, where failure or
interruption of transportation services would not endanger the public
health or safety.
1103. On-Site Sewage Treatment and Water Supply Systems.
1103.01. Where public utilities are not provided:
(1) On-site water supply systems must be designed to eliminate infiltration
of floodwaters into the
systems.
(2) New or replacement on-site sewage treatment systems must be designed
to eliminate
infiltration of floodwaters into the systems and discharges from the systems
into floodwaters and
they shall not be subject to impairment or contamination during times of
flooding.
1103.02. Any sewage treatment system designed in accordance with the
Washington County Individual Sewage Treatment System Ordinance
standards for on-site sewage treatment systems shall be determined
to be in compliance with this Section.
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SECTION 12. MANUFACTURED HOMES
1201. Manufactured Homes.
1201.01. The placement of new or replacement of manufactured homes on
individual lots of record that are located in floodplain districts will
be treated as a new structure and may be placed only if elevated in
compliance with Section 8 of this Ordinance. Manufactured homes must
meet all requirements of the Washington County Zoning Ordinance and
other codes related to single family dwellings.
1201.02. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and
lateral movement. Methods of anchoring may include, but are not to
be limited to, use of over-the-top or frame ties to ground anchors. This
requirement is in addition to state or local anchoring requirements
for resisting wind forces.
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SECTION 13. ADMINISTRATION
1301. Zoning Administrator.
1301.01. A Zoning Administrator designated by the Board of County Commissioners
shall administer and enforce this Ordinance if he/she
finds a violation of the provisions of this Ordinance he/she shall
notify the person responsible for such violation, indicating the nature
of the
violation, and ordering the action necessary to correct it.
1302. Use Permit.
1302.01. Use permit required. A use permit issued by the Zoning Administrator
in conformity with the provisions of this Ordinance shall be
secured prior to the erection, addition, or alteration of any building,
structure, or portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the change or extension of a
nonconforming use; and prior to the placement of fill or excavation of
materials within the floodplain.
1302.02. Application for use permit. Application for a use permit shall
be made in duplicate to the Zoning Administrator on forms furnished by
him/her and shall include the following where applicable: plans in
duplicate drawn to scale, showing the nature, location, dimensions, and
elevations of the lot; existing or proposed structures, fill, or storage
of materials; and the location of the foregoing in relation to the stream
channel.
1302.03. State and federal permits. Prior to granting a use permit or
processing an application for a conditional use permit or variance, the
Zoning Administrator shall determine that the applicant has obtained
all necessary State and Federal permits.
1302.04. Certificate of zoning compliance for a new, altered, or nonconforming
use. It shall be unlawful to use, occupy, or permit the use or
occupancy of any buildings or premises or part thereof hereafter created,
erected, changed, converted, altered, or enlarged in its use or
structure until a certificate of zoning compliance shall have been
issued by the Zoning Administrator stating that the use of the building
or land
conforms to the requirements of this Ordinance. Where a nonconforming
use or structure is extended or substantially altered, the certificate
of zoning compliance shall specifically state the manner in which the
nonconforming structure or use differs from the provisions of this
ordinance.
1302.05. Construction and use to be as provided in applications, plans,
permits, and certificates of zoning compliance. Use permits, conditional
use permits, or certificates of zoning compliance issued on the basis
of approved plans and applications authorize only the
- 22 -
use, arrangement, and construction set forth in such approved plans
and applications, and no other use, arrangement, or construction. Any
use, arrangement, or construction at variance with that authorized
shall be deemed violation of this Ordinance, and punishable as provided
by
Section 14 of this Ordinance. The applicant shall be required to submit
certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this
Ordinance. Floodproofing measures shall be certified by a registered
professional engineer or registered architect.
1302.06. Record of first floor elevation. The Zoning Administrator shall
maintain a record of the elevation of the first floor (including basement)
of all new structures or additions to existing structures in the floodplain
districts. He/she shall also maintain a record of the elevations to which
structures or additions to structures are floodproofed.
1303. Conditional Uses. (Also refer to Section 505 of Chapter 1, Washington County Development Code.)
1303.01. The Washington County Planning Advisory Commission shall hear
and decide applications for conditional uses permissible under
this Ordinance. Applications shall be submitted to the Zoning Administrator
who shall forward the application to the Planning Commission for
consideration.
1303.02. Hearings. Upon filing with the Planning Commission an application
for a conditional use permit, the Planning Commission shall submit
by mail to the Commissioner of Natural Resources a copy of the application
for proposed conditional uses sufficiently in advance so that the
Commissioner will receive at least ten (10) days notice of the hearing.
1303.03. Decisions. The Planning Commission shall arrive at a decision
on a conditional use within sixty (60) days. In granting a conditional
use
permit the Planning Commission may prescribe appropriate conditions
and safeguards, in addition to those specified in Section 1303.08, which
are in conformity with the purposes of this Ordinance. Violations of
such conditions and safeguards, when made a part of the terms under
which the conditional use permit is granted, shall be deemed a violation
of this Ordinance and punishable under Section 14. A copy of all
decisions granting conditional use permits shall be forwarded by mail
to the Commissioner of Natural Resources within ten (10) days of such
action.
1303.04. Procedures for evaluating proposed conditional uses within the general floodplain district.
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(1) Upon receipt of an application for a conditional use permit for a use
within all floodplain
districts, the applicant shall be required to furnish such of the following
information as is deemed
necessary by the Washington County Zoning Administrator for the determination
of the
regulatory flood protection elevation and whether the proposed use is within
the floodway or
flood fringe.
(a) Plans in triplicate drawn to scale showing the nature, location, dimensions,
and
elevation of the lot, existing or proposed structures, fill, storage of
materials,
floodproofing measures, and the relationship of the above to the location
of the
stream channel.
(b) Specifications for building construction and materials, floodproofing,
filling,
dredging, grading, channel improvement, storage of materials, water supply
and
sanitary facilities.
1303.05. Factors upon which the decision of the Washington County Planning
Advisory Commission shall be based. In passing upon
conditional use applications, the Planning Commission shall consider
all relevant factors specified in other sections of this Ordinance, the
Washington County Zoning Ordinance, and
(1) The danger to life and property due to increased flood heights or velocities
caused by
encroachments.
(2) The danger that materials may be swept onto other lands or downstream
to the injury of
others.
(3) The proposed water supply and sanitation systems and the ability of
these systems to prevent
disease, contamination, and unsanitary conditions.
(4) The susceptibility of the proposed facility and its contents to flood
damage and the effect of
such damage on the individual owner.
(5) The importance of the services provided by the proposed facility to the community.
(6) The requirements of the facility for a waterfront location.
(7) The availability of alternative locations not subject to flooding for the proposed use.
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(8) The compatibility of the proposed use with existing development and
development
anticipated in the foreseeable future.
(9) The relationship of the proposed use to the
Comprehensive Plan and floodplain management program for the area.
(10) The safety of access to the property in times of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate or rise, and sediment
transport of the
floodwaters expected at the site.
(12) Such other factors which are relevant to the purposes of this Ordinance.
1303.06. Time of acting on application. The Planning Commission shall act
on an application in the
manner described in Section 505 of the Washington County Zoning Ordinance.
1303.07. Conditions attached to conditional use permits. Upon consideration
of the factors listed above and the purposes of this Ordinance, and
the Washington County Zoning Ordinance, the Planning Commission may
attach such conditions to the granting of conditional use permits as it
deems necessary to fulfill the purposes of this Ordinance. Such conditions
may include, but are not limited to, the following:
(1) Modification of waste disposal and water supply facilities.
(2) Limitations on period of use, occupancy, and operation.
(3) Imposition of operational controls, sureties, and deed restrictions.
(4) Requirements for construction of channel modification, dikes, levees,
and other protective
measurers.
(5) Floodproofing measurers, in accordance with the State Building Code.
The applicant shall
submit a plan or document certified by a registered professional engineer
or architect that the
floodproofing measures are consistent with the Regulatory Flood Protection
Elevation and
associated flood factors for the particular area.
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1304. Variances (Also refer to Section 503 of Chapter 1, Washington County Development Code).
1304.01. No variance shall be granted from the terms of this Ordinance
which would have the effect of allowing in any floodplain district uses
prohibited in that district, permit a lower degree of flood protection
than the Regulatory Flood Protection Elevation for the particular area,
or
permit standards lower than those required by state law. The Department
of Natural Resources shall be notified at least ten (10) days prior to
any hearing to consider a variance request.
1305. Flood Insurance Notice and Record Keeping.
1305.01. The Zoning Administrator shall notify the applicant for a variance that:
(1) The issuance of a variance to construct a structure below the base
flood level will result in
increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance
coverage, and
(2) Such construction below the 100-year or regional flood level increases risks to life and property.
1305.02. Such notification shall be maintained with a record of all
variance actions. A community shall maintain a record of all variance actions,
including justification for their issuance, and report such variances
issued in its annual or biennial report submitted to the Administrator
of the
National Flood Insurance Program.
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SECTION 14. NONCONFORMING USES
1401. Nonconforming Use Regulations.
1401.01. A structure or the use of a structure or premises which was
lawful before the passage or amendment of this Ordinance but which is
not in conformity with the provisions of this Ordinance may be continued
subject to the following conditions:
(1) No such use shall be expanded, changed, enlarged, or altered in a way
which increases its
nonconformity.
(2) Any alteration or addition to a nonconforming structure or nonconforming
use which would
result in increasing the flood damage potential of that structure or use
shall be protected to the
Regulatory Flood Protection Elevation in accordance with any of the elevations
on fill or
floodproofing techniques (i.e., FP-1 through FP-4, Floodproofing Classifications)
allowable in the
State Building Code, except as further restricted in
(3) below.
(3) The cost of any structural alterations or additions to any nonconforming
structure over the life
of the structure shall not exceed fifty percent (50%) of the assessed market
value of the structure
excluding the land value unless the conditions of this Section are satisfied.
(The assessed market
value is the market value of the structure in the Offices of the Washington
County Assessor for
the year in which application for the building permit is made). The cost
of all structural alterations
and additions constructed since the adoption of the Community's initial
floodplain controls must be
calculated into today's current cost which will include all costs such
as construction materials and a
reasonable cost placed on all manpower and labor. If the current cost of
all previous and
proposed alterations and additions exceeds fifty percent (50%) of the current
market value of the
structure, then the structure must meet the standards of Section 7 or 8
of this Ordinance for new
structures, depending upon whether the structure is in the Floodway or
Flood Fringe,
respectively.
(4) If any nonconforming use is discontinued for twelve (12) consecutive
months, any future use
of the building premises shall conform to this Ordinance. The assessor
shall notify the Zoning
Administrator in writing of instances of nonconforming uses which have
been discontinued for a
period of twelve (12) months.
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(5) If any nonconforming
use or structure is destroyed by any means, including floods, to an extent
of fifty percent (50%) or
more of its
market value at the time of destruction, it shall not be reconstructed
except in conformity with the provisions of this
Ordinance. The
applicable provisions for establishing new uses or structures in Sections
7, 8 or 9 will apply depending upon
whether the
use or structure is in the Floodway, Flood Fringe or General Floodplain
District, respectively.
28
SECTION 15. VIOLATIONS & PENALTIES
1501. Violations.
1501.01. Any firm, person or corporation who violates any of the provisions
of these regulations shall be guilty of a full misdemeanor and upon
conviction thereof shall be subject to a fine and/or imprisonment as
provided by law. Each day that a violation is permitted to exist shall
constitute a separate offense.
1501.02. In the event of a violation of threatened violation of any
of the terms of this ordinance, the County may take appropriate action
to
enforce this Ordinance, including application for injunctive relief,
action to compel performance or other appropriate action to court if
necessary to prevent, restrain, correct or abate such violations or
threatened violations. Upon motion, the court may award costs,
disbursements and reasonable attorney's fees and witness fees, which
costs and fees can be assessed against the land.
1501.03. Whenever necessary to enforce any of the provisions of this
Ordinance or whenever there is reasonable cause to believe that a
violation of this Ordinance has occurred or is about to occur, an authorized
agent of the County may enter any building or upon any premises
at all reasonable times to inspect the same or to perform any duties
imposed by this Ordinance, provided that if such building or premises be
occupied, the authorization shall first present proper credentials
and demand entry and if such building or premises be unoccupied, shall
first
make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and demand entry. If such
entry is refused, the County shall have recourse to every remedy provided
by law to secure entry, including administrative and judicial
search warrants.
1502.Penalties.
1502.01. Nothing herein contained shall prevent the Washington County
Board of Commissioners from taking such other lawful action as is
necessary to prevent or remedy any violation.
1502.02. In responding to a suspected ordinance violation, the Zoning
Administrator and Local Government may utilize the full array of
enforcement actions available to it including but not limited to prosecution
and fines, injunctions, after-the-fact permits, orders for corrective
measures or a request to the National Flood Insurance Program for denial
of flood insurance availability to the guilty party.
1502.03. When an ordinance violation is either discovered by or brought
to the attention of the Zoning Administrator, the Zoning
Administrator shall immediately investigate the situation and document
the nature and extent of the violation of the official
29 -
control. As soon as is reasonable possible, this information will be
submitted to the appropriate Department of Natural Resources and Federal
Emergency Management Agency Regional Office along with the Community's
plan of action to correct the violation to the degree possible.
1502.04. The Zoning Administrator shall notify the suspected party of
the requirements of this Ordinance and all other Official Controls and
the nature and extent of the suspected violation of these controls.
If the structure and/or use is under construction or department, the Zoning
Administrator may order the construction or development immediately
halted until a proper permit or approval is granted by the Community.
If the construction or development is already completed, then the Zoning
Administrator may either: 1) issue an order identifying the
corrective actions that must be made within a specified time period
to bring the use of structure into compliance with the official controls,
or 2)
notify the responsible party to apply for an after-the-fact permit/development
approval within a specified period of time not to exceed 30 days.
1502.05. If the responsible party does not appropriately respond to
the Zoning Administrator within the specified period of time, each
additional day that lapses shall constitute an additional violation
of this Ordinance and shall be prosecuted accordingly. The Zoning
Administrator shall also, upon the lapse of the specified response
period, notify the landowner to restore the land to the condition which
existed prior to the violation of this Ordinance.
30
SECTION 16. AMENDMENTS
1601. Amendments.
1601.01. The floodplain designation on the Official Zoning Map shall
not be removed from the 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 regional flood and is contiguous to lands outside
the
floodplain. Special exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he determines that, through other
measures, lands are adequately protected for the intended use.
1601.02. All amendments to this Ordinance 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 (FEMA) Technical Conditions and Criteria and must receive
prior FEMA approval before adoption. The Commissioner of Natural
Resources must be given ten (10) days written notice of all hearings
to consider an amendment to this Ordinance and said notice shall include
a draft of the ordinance amendment or technical study under consideration.
31
SECTION 17. EFFECIVE DATE AND REPEALER
1701. Effective Date.
1701.01. This Ordinance was approved by the Washington County Board
of Commissioners on June 26, 1990. An official copy of this
Ordinance is on file in the Washington County Auditor’s office, located
at 14900 - 61s-kl Street North, Stillwater, Minnesota.
1701.02. As of the effective date of this ordinance, the Washington
County Floodplain Ordinance passed by the Washington County Board of
Commissioners on July 6, 1972 as Chapter 3 of the Washington County
Development Code be and hereby is repealed.
Chairman
Washington County
Board of Commissioners
ATTEST: