07-18-2016 Planning Commission Packet

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1 Substantial Damage-means damage of any origin sustained by a structure where the cost of restoring the structure 2 to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the 3 damage occurred. 4 Substantial Improvement-within any consecutive 365-day period,any reconstruction, rehabilitation(including 5 normal maintenance and repair), repair after damage,addition,or other improvement of a structure,the cost of 6 which equals or exceeds 50 percent of the market value of the structure before the"start of construction"of the 7 improvement.This term includes structures that have incurred "substantial damage," regardless of the actual repair 8 work performed.The term does not, however, include either: 9 (a) Any project for improvement of a structure to correct existing violations of state or local health, 10 sanitary,or safety code specifications which have been identified by the local code enforcement official 11 and which are the minimum necessary to assure safe living conditions. 12 (b) Any alteration of a "historic structure," provided that the alteration will not preclude the 13 structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic 14 structure" is as defined in 44 Code of Federal Regulations, Part 59.1. 15 78-1112 Annexations: The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above may 16 include floodplain areas that lie outside of the corporate boundaries of the City of Orono at the time of adoption of 17 this ordinance. If any of these floodplain land areas are annexed into the City of Orono after the date of adoption 18 of this ordinance,the newly annexed floodplain lands will be subject to the provisions of this ordinance 19 immediately upon the date of annexation. 20 78-1113 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 78-1105 above will 21 inciude floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this 22 ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction 23 of Orono after the date of adoption of this ordinance,the newly detached floodplain lands will be subject to the 24 provisions of this ordinance immediately upon the date of detachment. 25 SECTION 3.0 ESTABLISHMENT OF ZONING DISTRICTS 26 78-1114 Districts: 27 (1) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway 28 delineated as shown on the Flood Insurance Rate Map adopted in Section 78-1105,as well as portions of 29 other lakes,wetlands, and basins within Zones AE(that do not have a floodway delineated)that are 30 located at or below the ordinary high water level as defined in Minnesota Statutes,Section 103G.005, 31 subdivision 14. 32 (2) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway 33 delineated on the Flood Insurance Rate Map adopted in Section 78-1105, but are located outside of the 34 floodway. For other lakes,wetiands and other basins within Zones AE that do not have a floodway 35 delineated,the Flood Fringe District also includes those areas below the 1%annual chance(100-year)flood 36 elevation but above the ordinary high water level as defined in Minnesota Statutes,Section 103G.005, 37 subdivision 14. 38 (3) General Floodplain District. The General Floodplain District includes those areas within Zones A and AE 39 that do not have a delineated floodway as shown on the Flood Insurance Rate Map adopted in Section 78- 40 1105. 41 78-1115 Applicability: Within the floodplain districts established in this ordinance,the use,size,type and location 42 of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall 43 floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways 44 of any tributaries to the main stream,drainage ditches, or any other drainage facilities or systems.All uses not 45 listed as permitted uses or conditional uses in Sections 4.0, 5.O and 6.0 are prohibited. In addition,critical facilities, 46 as defined in Section 78-1111(5),are prohibited in all floodplain districts. Flood Plain Ordinance Page 5