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Chapter 909 Floodplain Overlay District Penalties for Violation <br />Page 909-16 <br />1. Amendments. The flood plain designation on the Official Zoning Map shall not be <br />removed from flood plain areas unless it can be shown that the designation is in error <br />or that the area has been filled to or above the elevation of the regulatory flood <br />protection elevation and is contiguous to lands outside the flood plain. Special <br />exceptions to this rule may be permitted by the Commissioner of Natural Resources <br />if he determines that, through other measures, lands are adequately protected for the <br />intended use. <br />2. All amendments to this Ordinance, including amendments to the Official Zoning <br />Map, must be submitted to and approved by the Commissioner of Natural Resources <br />prior to adoption. Changes in the Official Zoning Map must meet the Federal <br />Emergency Management Agency's (FEMA) Technical Conditions and Criteria <br />and must receive prior FEMA approval before adoption. The Commissioner of <br />Natural Resources must be given 10-days written notice of all hearings to consider an <br />amendment to this Ordinance and said notice shall include a draft of the Ordinance <br />amendment or technical study under consideration. <br />3. Appeals. Appeals from any decision of the Board of Adjustment may be made, and as <br />specified in Section 922-A. <br />D. Conditional Uses. All conditional use permits located within the flood districts affected by <br />this Section shall comply with the standards, provisions, requirements, and procedures <br />outlined in Sections 921 of this Ordinance, along with the following: <br />1. Notification to DNR. The Commissioner of Natural Resources shall be given at <br />minimum a ten (10) day notice of any public hearing, and a review and written report <br />must be obtained from the Minnesota Department of Natural Resources and any other <br />governmental body or commission having jurisdiction for such changes, additions, or <br />modifications affecting a Floodplain District. The Commissioner of Natural <br />Resources shall be advised in writing of all decisions made regarding amendments <br />and variances within ten (10) days of such action. <br />2. Factors Upon Which Decision Shall Be Based. In reviewing conditional use permit <br />applications, the Planning Commission and City Council shall consider all relevant <br />factors specified in other sections of this Ordinance, along with the following: <br />a. The danger to life and property due to increased flood heights or velocities <br />caused by encroachments. <br />b. The danger that materials may be swept onto other lands or downstream to the <br />inquiry of others or they may block bridges, culverts, or other hydraulic <br />structures. <br />c. The proposed water supply and sanitation systems and the ability of these <br />systems to prevent disease, contamination, and unsanitary conditions. <br />d. The susceptibility of the proposed facility and its contents to flood damage and <br />the effect of such damage on the individual owner. <br />e. The importance of the services provided by the proposed facility to the <br />community. <br />f. The requirements of the facility for a waterfront location. <br />g. The availability of alternative locations not subject to flooding for the proposed <br />use.