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Home My WebLink About0931 Ord (Zoning/Flood Plain Overlay District) ORDINANCE NO.: 931 AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 31-1 (THE ZONING ORDINANCE) SUBD. 22 "FLOOD PLAIN OVERLAY DISTRICT" The City Council of the City of Stillwater does ordain: 1. AMENDING. The Stillwater City Code, Section 31-1, subd. 22(8)d.2, i and ii are amended to hereafter read as follows: "2. Basement standards are as follows: 1. Residential basement construction is not allowed below the regulatory flood protection elevation, except as authorized in subdivision 22, (8)d. 7. 11. Nonresidential basements may be allowed below the regulatory flood protection elevation, provided the basement is protected in accordance with Subdivision 22 (8) (d) (3) or (7)." 2. AMENDING. The Stillwater City Code, Section 31-1, subd. 22(8)d. is amended to add a new paragraph (8)d.7 that will hereafter read as follows: \ "7. When the Federal Emergency Management Agency has issued a Letter of Map RevisionlFill for vacant parcels ofland elevated by fill to the 100-year flood elevation, the area elevated by fill remains subject to the provisions of this Ordinance. A structure may be placed on the area elevated by fill with the lowest floor below the Regulatory Flood Protection Elevation provided the structure meets the provisions of (i) and (ii) below: 1. No floor level or portion of a structure that is below the Regulatory Flood Protection Elevation may be used as habitable space or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters. Habitable space (room) is defined as any space in a structure used for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space. 11. For residential and non residential structures the basement floor may be placed below the Regulatory Flood Protection Elevation, provided: A. The top of the immediate floor above any basement area is placed at or above the Regulatory Flood Protection Elevation, and B. Any area ofthe structure placed below the Regulatory Flood Protection Elevation shall meet the "Reasonably Safe From ...... ' Flooding" standards in the Federal Emergency Management Agency's (FEMA) publication entitled "Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" Technical Bulletin 10-01 a copy of which is hereby adopted by reference and made a part ofthis Ordinance. In accordance with the provisions of this Ordinance, and specifically Subdivision 22(14)(f) ofthis Ordinance, the applicant must submit documentation that the structure is designed and built in accordance with either the "Simplified Approach" or "Engineered Basement Option" found in the above-cited FEMA publication. C. If the ground surrounding the lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below the regulatory flood protection elevation must be flood-proofed consistent with any of the FP-l through FP- 4 flood-proofing classifications found in the State Building Code." 3. SAVING. In all other ways, the City Code remains in effect. 4. EFFECTIVE DATE. This ordinance will be in full force and effect from and after its passage and publication according to law, and after final certification by the Minnesota Department of Natural Resources. Enacted by the City Council of the City of Stillwater this 3rd day of December, 2002, CITY OF STILLWATER #~ Attest: ~ ~ l<.Jz?ct. Diane F. Ward, City Clerk Af'FIDA VIT OF PUBLICATION ~ttllwattr ~a?tttt 1931 Curve Crest Blvd. Stillwater. MN 55082 (651)439-3130 Fax: (651)439-4713 12/13/02 State of Minnesota} ss. County of Washington} The undersigned, being duly sworn. on oath, says that slhe is the Publisher or authorized agent and employee of the Publisher known as the Stillwater Evening Gazette, and has full knowledge ofthe fucts which are stated. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota State Statute 331A.02, 33IA.07 and other applicable laws as amended, Printed below is a copy of the lowercase Alphabet, from A to Z, both inclusive, which is hereby acknowledged as being the size and kind type used in composition and publication of the of notice. efghijkImnopqtstuvwxyz --- Subscribed and sworn to or affinned to me 1l-' ^ on this / (,.-,. day of ~~'- ~~t' (~ . 2002. ....... I" ., "" . 'VV.. ""~ -'lNVvwvv, MARK BERR/MAN NOTARY PUBLIC - MINN .~~:'~~:;,!O: I City of Stillwater 216 4th St N. Stillwater, MN 55082 Invoice #: 00001735 Terms: Net 30 Inches 18 Stillwater Description City of Stillwater Ordinance No. 931, Published 12/13 Price $4.03 Total $72.54 $72.54 Payment $72.54 $0,00 Sub Total Maximum rate per column inch under Minnesota Law: $16,90 per 12-pica colutno Balance Due $72.54 STILWl.ATERGAZETTE, DECEMBER 13. 2002 ORDINANCE NO.: 931 , AN ORDINANCE AMENDING THE STILLWATER CITY CODE BY AMENDING CHAPTER 31-1 (THE ZONING ORDINANCE) SUBD, 22 "FLOODPlAIN OVERLAY DISTRICT" ' The City Council of the City of Stillwater does ordain: I.AMENDING. The Stillwater City COde,SecIion 31-1, subd. 22(8)<1.2, i and ii are amended to hereafter read as follows: "2. Basement standards are as foHows: i.Residentlal basement construction is not aHowed below the regulatory floOd protection elevation, except as authorized in sulxlivlsion 22, (8)d.7. ii.NonfllSielentiaj,basements may be allowed below the regulatory 1I0Od protectiol) elevation, provided the basement is pro!el:led in accotdance with Subdivision 22;(8) (d) (3) or (7)." ' 2.AMENDING. The $titlwa~r City Code, Section 31-1, subd. 22(8)d. is amended to add a newparagrapll (8)11.7 that Will hereafter read as follows; . ' "7. lA/hen the Federal Emergency Management Agency has issued a Letter of Map RevisionlFill tor vacant parcels of land elevated by fill to the 100.year flood elevation, the area elevated by fill remains subject to the provisions of this Ordinance. A structure may ~ placed on the area elevat ed by fill with the lowest floor below the Regulatory Flood Protection Elevation provided the structure mee~ the provisions of (i) and (ii) below: i.No flOOr level or portion of a structure that is below the Regulatory Flood Protection Elevation may be used as hilbitable space or for storage of any property, mjlterials, or equipment that might constitute a safety hazard when contacteEI by flood waters. Habitable, space ,(room) is defined as any space in a structure used for living, sleeping, eating, or COOking. Bathrooms, toi.let compartments, closets, halls, storage rol)/llS, laundry or utility space, and similar areas, are not considered habitable. space. ii.For rEl$idential and, non residential structures the basement floor may be'. placed below the Regutatory Flood Protection Elevation, provided: ~.The top of the immediate floor above any basement area is placed at or above the Regulatory Flood Protection I;:levation, and ' RAny area of the structure placed below the Regulatory Flood Protection Elevation shall meet the "Reasonably Safe From Flooding" standards in the Federal Emergency Management Agency's (FEMA) publication entitled "Ensuring that Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding" Technical Bulletin 10-01 a copy of which is hereby adopted by reference and made a part of this Ordinance. In accordance with the provisions of this Ordinance, and specifi- cally Subdivision 22(14)(1) of this Ordinance, the applicant must submit " .' documerltation that the structure is designed and built in accordance with either the "Simplified Approach" or 'Engineered Basement Option" found in ..~ .me'.~~~ct.FE~A ~b'~~ion. '.'_.' ,_.I.I r, .'} (:. Po '.(''''''} I. ~; > . ," ., _, . ,_, "<' _" ~ C.lf'th~gi'6uM'surrounding tne lowest adjacent grade to the structure is not at or above the regulatory flood protection elevation, then any portion of the structure that is below ,the regulatory flood protection elevation must be flood-proofed consistent with any of the F~-l through FP- 4 f/ood-proofing classifications found in the State Building COde." 3.SAVING. .In all other ways, the City Code remains. in effect. 4.EFFECTIVE DATE. ThiS ordinance will be in full force and effect from and after its passage and publication according to law, and after final certification by the Minnesota Oepartment of Natural Resources. ' Enacted by the City 'Council of the City of Stillwater this 3rd day of ~, 200? CITY OF STILLWATER Is/ Jay L. Kimble Jay L. Kimble, Mayor Attest: Is! DI8ne F. Ward .Diane F. Ward, City Clerk 12113