01-08-2018 Council Meeting Packet

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REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with ONE HUNDRED YEAR FLOODPLAIN. STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in § 1103.10(2)(b) of this chapter and other similar items. SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. For the purpose of this chapter, HISTORIC STRUCTURE is as defined in 44 C.F.R. pt. 59.1. VARIANCE. A modification of the strict provisions of this chapter as applied to a specific piece of property in order to provide relief for a property owner because of exceptional hardship imposed upon the property by this chapter. A VARIANCE shall normally be limited to height, density and yard requirements. A modification in the allowable uses within a district shall not be considered a VARIANCE. ZONING ADMINISTRATOR. The Community Development Director, or assigns, who is charged with the administration and enforcement of this chapter. (Ord. 10-15, passed 11-23-2015) § 1103.04 ESTABLISHMENT OF ZONING DISTRICTS. (1) Districts. (a) Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in § 1103.02(3). For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone A or AE on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in M.S. § 103G.005, Subd. 14. (b) Flood Fringe District. The Flood Fringe District includes those areas designated as flood fringe on the Flood Insurance Rate Map adopted in § 1103.02(3), as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood