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FINAL ORDINANCE NO. 08-023
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FINAL ORDINANCE NO. 08-023
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5/19/2026 12:29:37 PM
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Ordinance 09- 23 DIV Council. 1126110 <br />(4) When at anyone time more than 1,000 cubic yards of fill or other similar material is <br />located on a parcel for such activities as on -site storage, landscaping, sand and gravel operations, <br />landfills, roads, dredge spoil disposal or construction of flood control works, an <br />erosion/sedimentation control plan must be submitted unless the community is enforcing a state <br />approved shoreland management ordinance. hi the absence of a state approved shoreland <br />ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood <br />event at a minimum of the 100-year or regional flood event. The plan must be prepared and <br />certified by a registered professional engineer or other qualified individual acceptable to the <br />Governing Body. The plan may incorporate alternative procedures for removal of the material from <br />the flood plain if adequate flood warning time exists. <br />(5) Storage of Materials and Equipment: <br />(a) The storage or processing of materials that are, in time of flooding, flammable, <br />explosive, or potentially injurious to human, animal, or plant life is prohibited. <br />(b) Storage of other materials or equipment maybe allowed if readily removable <br />from the area within the time available after a flood warning and in accordance with a plan <br />approved by the City prior to the placement of any materials or equipment within the flood fringe <br />district. <br />(6) The provisions of Section 152.05 (E) of this Ordinance shall also apply. <br />(E) Standards for All Flood Fringe Uses: <br />(1) All new principal structures must have vehicular access at or above an elevation not <br />more than one (1) foot below the regulatory flood protection elevation. If a variance to this <br />requirement is granted, the Board of Adjustment must specify limitations on the period of use or <br />occupancy of the structure for times of flooding and only after determining that adequate flood <br />warning time and local flood emergency response procedures exist. <br />(2) Commercial Uses - accessory land uses, such as yards, railroad tracks, and parking <br />lots may be at elevations lower than the regulatory flood protection elevation. However, a permit <br />for such facilities to be used by the employees or the general public shall not be granted in the <br />absence of a flood warning system that provides adequate time for evacuation if the area would be <br />inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in <br />feet per second) the product number exceeds four (4) upon occurrence of the regional flood. <br />(3) Manufacturing and Industrial Uses -measures shall betaken to minimize <br />interference with normal plant operations especially along streams having protracted flood <br />durations. Certain accessory land uses such as yards and parking lots may be at lower elevations <br />subject to requirements set out in Section 152.05 (E, 2) above. In considering permit applications, <br />due consideration shall be given to needs of an industry whose business requires that it be located in <br />flood plain areas. <br />(4) Fill shall be properly compacted and the slopes shall be properly protected by the <br />use of riprap, vegetative cover or other acceptable method. The Federal Emergency Management <br />11 <br />
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