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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />ORDINANCE 80-84 <br />AN ORDINANCE ADDING SECTION 303.020 C. 3. AND SECTION 303.100 B, AND <br />AMENDING SECTION 303.050 E.2. AND SECTION 303.080 C. OF THE 1979 LAKE <br />ELMO MUNICIPAL CODE AS IT RELATES TO FLOODPLAIN REGULATIONS <br />The City Council of the City of Lake Elmo ordains: <br />SECTION 1. AMENDMENT: Section 303.020 C.3. and Section 303.100 B. are <br />hereby added to the 1979 Municipal Code of the City of Lake Elmo; and Section <br />303.050 E.2. and Section 303.080 C. hereby amended the 1979 Municipal Code of the <br />City of Lake Elmo all relating to Floodplain Regulations, and will read as follows: <br />Section 303.020 C.3. Permitted and conditional uses allowed in the floodplain shall <br />be limited to those only listed in Section 303.050, and only under the standards and <br />conditions which are also stated herein. Where it is alleged that there is an error in any <br />order, requirement, decision or determination made by the Zoning Administrator, an <br />appeal may be made to the Board of Adjustment and Appeals who shall follow the rules <br />and procedures of Section 303.080 in making their final decision. <br />Section 303.050E-2. Commercial Uses - accessory land uses, such as yards, railroad <br />tracks, and parking lots may be at elevations lower than the Regulatory Flood <br />Protection Elevation. However, a permit for such facilities to be used by the employees <br />or the general public shall not be granted in the absence of a flood warning system that <br />provides adequate time for evacuation if the area would be inundated to a depth <br />greater than four feet per second upon occurrence of the regional flood. <br />Section 303.080 C. Decisions: A Board decision and their findings shall be made <br />according to Section 301.060 C.4. and 5. In granting a Variance the Board may <br />prescribe appropriate conditions and safeguards which are in conformity with the <br />purposes of the Floodplain Regulation. Violations of such conditions and safeguards, <br />when made part of the terms under which the Variance is granted, shall be deemed a <br />violation of the Floodplain Regulation punishable under Section 303.1 10. No Variance <br />shall allow in any district a use prohibited in that district or permit a lower degree of <br />flood protection than the Regulatory Flood Protection Elevation. Variances may be <br />used to modify permissible methods of flood protection.