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FINAL ORDINANCE NO. 08-023
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FINAL ORDINANCE NO. 08-023
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Ordinance 0E-02 <br />UOQ1iOL" "1i �5.�"1 <br />party. The Community must act in good faith to enforce these official controls and to correct <br />Ordinance violations to the extent possible so as not to jeopardize its eligibility in the National <br />Flood Insurance Program. <br />(2) When an Ordinance violation is either discovered by or brought to the attention of <br />the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and <br />document the nature and extent of the violation of the official control. As soon as is reasonably <br />possible, this information will be submitted to the appropriate Department of Natural Resources' and <br />Federal Emergency Management Agency Regional Office along with the Community's plan of <br />action to correct the violation to the degree possible. <br />(3) The Zoning Administrator shall notify the suspected parry of the requirements of this <br />Ordinance and all other official controls and the nature and extent of the suspected violation of these <br />controls. If the structure and/or use is under construction or development, the Zoning Administrator <br />may order the construction or development immediately halted until a proper permit or approval is <br />granted by the Community. If the construction or development is already completed, then the <br />Zoning Administrator may either: (1) issue an order identifying the corrective actions that must be <br />made within a specified time period to bring the use or structure into compliance with the official <br />controls; or (2) notify the responsible parry to apply for an after -the -fact permit/development <br />approval within a specified period of time not to exceed 30-days. <br />(4) If the responsible party does not appropriately respond to the Zoning Administrator <br />within the specified period of time, each additional day that lapses shall constitute an additional <br />violation of this Ordinance and shall be prosecuted accordingly. The Zoning Administrator shall <br />also upon the lapse of the specified response period notify the landowner to restore the land to the <br />condition which existed prior to the violation of this Ordinance. <br />§ 152.13 AMENDMENTS <br />(A) The flood plain designation on the Official Zoning Map shall not be removed from flood <br />plain areas unless it can be shown that the designation is in error or that the area has been filled to or <br />above the elevation of the regulatory flood protection elevation and is contiguous to lands outside <br />the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural <br />Resources if he determines that, through other measures, lands are adequately protected for the <br />intended use. <br />(B) All amendments to this Ordinance, including amendments to the Official Zoning Map, <br />must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. <br />Changes in the Official Zoning Map must meet the Federal Emergency Management Agency's <br />(FEMA) Technical Conditions and Criteria and must receive prior FEMA approval before adoption. <br />The Commissioner of Natural Resources must be given 10-days written notice of all hearings to <br />consider an amendment to this Ordinance and said notice shall include a draft of the Ordinance <br />amendment or technical study under consideration. <br />23 <br />
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