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07-18-2016 Planning Commission Packet
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07-18-2016 Planning Commission Packet
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a. The regulatory flood protection elevation within the floodway and flood fringe districts, except <br /> for Lake Minnetonka, shall be established by adding 1.0 foot to the base flood water surface <br /> elevations within floodway listed in the floodway data table contained in the flood insurance <br /> study. Regulatory flood protection elevations between cross sections shall be interpolated. <br /> b. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. <br /> c. The regulatory flood protection elevation within the general floodplain district shall be <br /> calculated by a qualified registered professional engineer in accordance with procedures set <br /> forth in this article. <br /> (20) Structure means anything constructed or erected on the ground or attached to the ground or on- <br /> site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, <br /> manufactured homes,recreational vehicles not meeting the exemption criteria specified in section <br /> 78-1131(1)of this article and other similar items. <br /> (21) Substanfia/ damage means damage of any origin sustained by a structure where the cost of <br /> restoring the structure to its before damaged condition would equal or exceed 50 percent of the <br /> market value of the structure before the damage occurred. <br /> (22) Subsfantial improvement means, within any consecutive 365-day period, any reconstruction, <br /> rehabilitation (including normai maintenance and repair), repair after damage, addition, or other <br /> improvement of a structure, the cost of which equals or exceeds 50 percent of the market value <br /> of the structure before the"start of construction"of the improvement.This term includes structures <br /> that have incurred"substantial damage,"regardless of the actual repair work performed.The term <br /> does not, however, include either: <br /> a. Any project for improvement of a structure to correct existing violations of state or local <br /> health, sanitary, or safety code specifications which have been identified by the local code <br /> enforcement official and which are the minimum necessary to assure safe living conditions. <br /> b. Any alteration of an "historic structure," provided that the alteration will not preclude the <br /> structure's continued designation as an "historic structure." For the purpose of this article, <br /> "historic structure" shall be as defined in Code of Federal Regulations, Part 59.1. <br /> (23) Variance means a modification of a specific permitted development standard required in an official <br /> control including this article to allow an alternative development standard not stated as acceptable <br /> in the official control, but only as applied to a particular property for the purpose of alleviating a <br /> practical difficulty as defined and elaborated upon in a community's respective planning and <br /> zoning enabling legislation. <br /> (Ord.No.88 3rd series, §4,6-27-2011) <br /> DIVISION 3.-ESTABLISHMENT OF FLOODPLAIN OVERLAY DISTRICTS <br /> Sec.78-1112.-Districts. <br /> (a) Floodway district. The floodway district shall include those areas designated as floodway on the flood <br /> insurance rate map adopted in section 78-1105. <br /> (b) Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe. <br /> The flood fringe district shall include those areas shown on the flood insurance rate map as adopted <br /> in section 78-1105 as being within zone AE but being located outside of the floodway. <br /> (c) General flood plain district. The general flood plain district shall include those areas designated as <br /> zone A or zone AE without a floodway on the flood insurance rate map adopted in section 78-1105. <br /> Sec.78-1113.-Compliance. <br /> Page 4 <br />
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