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Home My WebLink About0625 °7 ORDINANCE NO. 625 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 45 OF THE LAKEVILLE ZONING ORDINANCE CONCERNING THE FP FLOODPLAIN OVERLAY DISTRICT Sec ion 1. Section 11-45-3 of the Lakeville Zoning Ordinance is hereby amended in its entirety to read as follows: 11-45-3: DISTRICT APPLICATION: The FF Flood Plain Overlay.District shall be applied to and superimposed upon all districts as existing or amended by the text and map of this Chapter. The FP Flood Plain Overlay District regulations shall not be constructed to allow any use or structure otherwise not allowed. in the underlying zoning district where the property is located. The regulations and requirements imposed by the FP Flood Plain Overlay District. shall be in addition to those established by all other districts of this Title. The FF Flood Plain Overlay District shall be established based upon the specific information contained in the Flood Insurance Rate Map and the Flood Insurance Study for the City as adopted in Section 11-45-4B. All aforementioned official road maps and documents are hereby adopted by reference and declared to an integral part of this Chapter. Section 2. Section 11-45-4 of the Lakeville Zoning Ordinance is hereby amended in its entirety to read as follows: 11-45-4: GENERAL PROVISIONS: A. Lands to Which The Chapter Applies: This .District shall apply to all lands within the jurisdiction of the City shown on the official Zoning Map and the Flood Insurance Rate Map attached thereto as being located within the boundaries of the areas designated as Zone AE or Zone A. B. Establishment Of Official Zoning Map: 1. Adoption: The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to a part of this Chapter. The attached material. shall include the Flood Insurance Study and the Flood Insurance .Rate Map for the City of Lakeville dated Apri120, 1998. The 59506 Official Zoning Map shall be on file in the office of the City Clerk and the Zoning Administrator. 2. Regulatory. Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the 100-year base regional flood elevation plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of floodway. 3. Regional Flood Elevation For Lakes: The Base Regional Flood Level for lakes shall be as defined on the current Flood Insurance Rate Map or on the August 27, 1997 Letter from the Federal Emergency Management Agency to the City of Lakeville. These elevations are as follows: LAKE REGIONAL BASE FLOOD ELEVATION Orchard Lake 978.4 Lee Lake 953.1 Goose Lake 1083.7 Kingsley Lake 982.4 Raven Lake 1100.1 Lake Marion 985.0 Crystal Lake 936.0 C. Rules for Interpretation of District Boundaries: The boundaries of the Flood Plain Overlay District shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the District as shown on the Official Zoning Map, as for example, where there appears to be a conflict between a mapped boundary and actual field conditions, the conflict between a mapped boundary and actual field conditions, the City Engineer shall make the necessary interpretation. The persons contesting the location of the District boundary shall be given a reasonable opportunity to present their case and to submit their own technical evidence if they so desire. Section 3. Section 11-45-5 of the Lakeville Zoning Ordinance is hereby amended in its entirety to read as follows: 59506 2 i 11-45-5: ESTA.BLISflZVIENT OF ZONING DISTRICTS; A. Floodplain Subdistricts: The area within the FP Flood Plain Overlay District is further divided into three (3) districts: 1. FW Floodway District: The FW District includes the bed of a lake or wetland or the channel of a river or stream and those portions of the adjoining flood plain which are intended to store or carry and discharge, respectively, the regional flood. The .Floodway District shall include those areas designated as floodway on the Flood Insurance Rate Map adopted in subsection 11-45-4B of this Chapter. 2. FF Flood Fringe District: Includes the area outside of the floodway, but subject to inundation by the 100-year regional floods. The Flood Fringe District shall include those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in subsection 11-45-4B of this Chapter. 3. General Flood Plain District: The General Flood Plain District shall include those areas designated as unnumbered "A" Zones on the Flood Insurance Rate Map adopted in Section 11-45-4B. .Section 4. .Section 11-45-7B2 of the Lakeville Zoning Ordinance is hereby amended in its entirety to read as follows: 11-45-7: FF FLOOD FRINGE DISTRICT: B. 2. Residential. Uses: Principal and accessory residential structures shall be constructed on fill with the lowest floor (including basement) at or above the regulatory flood protection elevation. The finished fill elevation shall be no more than one (1) foot below the regulatory flood protection elevation for the particular area and shall extend at such. elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. For detached residential accessory structures of no more than 500 square feet of gross floor area and representing minimal investment the fill shall extend at such elevation at least five (5) feet beyond the limits of said structure erected thereon. Section 5. Inserting a new subsection 11-45-8 of the Lakeville Zoning Ordinance -and renumbering all subsequent sections appropriately. The new subsection 11-45-8 shall read as follows: 11-45-8: GFD. GENERAL FLOODPLAIN DISTRICT: 59506 3 r A. Permitted Uses: The uses listed as permitted uses in Section 11-45-6A are permitted uses in the General Floodplain District. B. Conditional Uses: All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 11-45-14A. Section 11-45-6 shall apply if the proposed use is in the Floodway District and Section 11-45-7 shall apply if the proposed use is in the Flood Fringe District. Section 6. Section 11-45-14 of the Lakeville Zoning Ordinance is hereby amended in its entirety to read as follows: 11-45-14: CONDITIONAL USES: Conditional Uses requires a conditional use permit based upon procedures est forth in and regulated by Section 11-3- 2 of this Title. in addition, the City Engineer shall determine whether the proposed conditional use location is within a floodway or flood fringe area by computing the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than 0.5 feet shall be required if, as a result of the additional stage increase, increased flood damages would result. An equal decree if encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. Upon such determination, the applicable conditions, provisions and restrictions shall be imposed.. The Commissioner of Natural Resources shall be given at minimum ten (10) days' notice of the required public hearing and shall be: advised in writing of decisions made concerning any conditional use. (Paragraphs A. - C. of 11-45-14 remain unchanged). Section 7. This Ordinance shall be effective immediately following its passage and publication. 59506 4 ADOPTED by the Lakeville City Council this is day of March 1998. CITY OF LAKEVILLE By: uane Zaun, M o ATT T: By: Charlene Frie ges City Clerk 59506 S PUBLIC NOTICE ORDINANCE NO. 625 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION 45 OF THE LAKEVILLE ZONING ORDINANCE CONCERNING THE FP FLOODPLAIN OVERLAY DISTRICT SECTION 1• Section 11-45-3 of the Lakeville Zon- ing Ordinance is hereby amended in its entirety to read as follows: 11-45-3: DISTRICT APPLICATION: The FP Flood Plain Overlay District shall be applied to and superimposed upon all districts as existing or amended by the text and map of this Chapter. The FP Flood Plain Overlay District regulations shall not be constructed to allow any use or structure otherwise not allowed in the underly- ing zoning district where the property is lo- cated. The regulations and requirements im- posed by the FP Flood Plain Overlay District shall be in addition to those established by all other districts of this Title. The FP Flood Plain Overlay District shall be established based upon the specific information contained in the Flood Insurance Rate Map and the Flood Insurance Study for the City as adopted in Section 11-45-4B. All aforementioned official road maps and documents are hereby adopted by reference and declared to an integral part of this Chapter. 1 1 )f n - de ed ite SECTION 2. Section 11-45-4 of the Lakeville Zon- i11e ing Ordinance is hereby amended in its entirety to ety read as follows: 11-45-4: GENERAL PROVISIONS: A. Lands to Which The Chapter Applies: This District shall apply to all lands within the jurisdiction of the City shown on the official Zoning Map and the Flood Insurance Rate Map attached thereto as being located within the boundaries of the areas designated as Zone AE or Zone A. B. Establishment Of Official Zoning Map: 1. Adoption: The Official Zoning Map to- gether with all materials attached thereto is hereby adopted by reference and de- clared to a part of this Chapter. The at- tached material shall include the Flood Insurance Study and the Flood Insurance Rate Map for the City of Lakeville dated April 20, 1998. The Official Zoning Map j shall be on file in the office of the City Clerk and the Zoning Administrator. 2. Regulatory Flood Protection Elevation: The regulatory flood protection eleva- tion shall be an elevation no lower than one foot (1') above the elevation of the 100 -year base regional flood elevation plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of ces- con- (in- egu- e fin - than SJ RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $15.42 per column inch. (2) Maximum rate allowed by law for the above matter: $15.42 per column inch. (3) Rate actually charged for the above matter: $11.52 per column inch, 1st week and $10.94 per column inch, successive weeks. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the pub- lisher of the newspaper known as Lakeville Life & Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualifi- cations as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended, (B) The printed City of Lakeville Ord. No. 625 which is attached was cut from the columns of said newspaper, and was printed and published once on Saturday, the 21 s t day of March , 1998; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: a b c d e fg h i j k l m n o p g r s t u v w xy z BY:TITLE: Publisher Publisher Subscribed and sworn to before me on this 23rdday of March , 1998. Notary Public A.A.A.AANVVVVVW BARBARA J. GROSBERG NOTARY PUBLIC- MINNESOTA MY rOMMISSION EXPIRES 1 31-00 �{ C-IWK