City Council Ordinance 700ORDINANCE NO. 700
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING MONTICELLO CITY CODE
TITLE 10 - MONTICELLO ZONING ORDINANCE, CHAPTER 3,
SECTION 7 FOR THE ADOPTION OF ORDINANCES REGULATING
THE FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO AND
RECOMMENDING THE REPEAL OF CHAPTER 18 REGULATING THE
FLOODPLAIN DISTRICT OF THE CITY OF MONTICELLO
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY
ORDAINS.
SECTION 1. Monticello City Code Title 10, Chapter 18, is hereby repealed in its entirety and
replaced with the following.
SECTION 2. Chapter 3, Section 7(C) is hereby amended to read as follows:
RESERVED
3.7(C) — Floodplain District
(A) Statutory Authorization. Findings of Fact and Purpose
(1) Statutory Authorization
The legislature of the State of Minnesota has, in Minnesota Statutes Chapter
103F and Chapter 462 delegated the responsibility to local government units
to adopt regulations designed to minimize flood losses. Therefore, the City
Council of Monticello, Minnesota, does ordain as follows.
(2) Purpose
(a) This ordinance regulates development in the flood hazard areas of the city
of Monticello. These flood hazard areas are subject to periodic inundation,
which may result in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood protection and relief, and impairment of the tax
base. It is the purpose of this ordinance to promote the public health,
safety, and general welfare by minimizing these losses and disruptions.
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(b) National Flood Insurance Program Compliance. This ordinance is adopted
to comply with the rules and regulations of the National Flood Insurance
Program codified as 44 Code of Federal Regulations Parts 59 -78, as
amended, so as to maintain the community's eligibility in the National
Flood Insurance Program.
(c) This ordinance is also intended to preserve the natural characteristics and
functions of watercourses and floodplains in order to moderate flood and
stormwater impacts, improve water quality, reduce soil erosion, protect
aquatic and riparian habitat, provide recreational opportunities, provide
aesthetic benefits and enhance community and economic development.
(B) General Provisions
(1) Lands to Which Ordinance Applies
This ordinance applies to all lands within the jurisdiction of the city of
Monticello within the boundaries of the Floodway and Flood Fringe Districts.
The boundaries of the zoning districts are determined by scaling distances on
the Flood Insurance Rate Map, or as modified in accordance with 3.7(B)(1)(b)
below.
(a) The Floodway, Flood Fringe and General Floodplain Districts are overlay
districts that are superimposed on all existing zoning districts. The standards
imposed in the overlay districts are in addition to any other requirements in
this ordinance. In case of a conflict, the more restrictive standards will
apply.
(b) Where a conflict exists between the floodplain limits illustrated on the
official floodplain maps and actual field conditions, the flood elevations
shall be the governing factor in locating the regulatory floodplain limits.
(c) Persons contesting the location of the district boundaries will be given a
reasonable opportunity to present their case to the Planning Commission
and to submit technical evidence.
(2) Incorporation of Maps by Reference
The following maps together with all attached material are hereby adopted
by reference and declared to be a part of the Official Zoning Map and this
ordinance.
• Currently effective Flood Insurance Study:
o City of Monticello, Minnesota, dated May 1979
o Wright County Minnesota unincorporated areas, dated
8/18/1992
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• Currently effective Flood Insurance Rate Map panels enumerated
below:
o City of Monticello, Panel 2705410005B, effective 11/1/1979
o Wright County, Minnesota Panel 2705340018C, effective
8/18/1992
o Wright County, Minnesota Panel 270534001513, effective
8/4/1988
• Currently effective Flood Boundary and Floodway Map panels
enumerated below:
o City of Monticello, Panel 270541000113, effective 11/1/1979
o City of Monticello, Panel 270541000213, effective 11/1/1979
o City of Monticello, Panel 270541000313, effective 11/1/1979
• Preliminary Flood Insurance Study:
o Wright County Minnesota and Incorporated Areas, dated
6/22/2011
• Preliminary Flood Insurance Rate Map panels enumerated below:
o Wright County, Minnesota Panel 27171 COI 55D, dated
6/22/2011
o Wright County, Minnesota Panel 27171 CO 1601), dated
6/22/2011
o Wright County, Minnesota Panel 27171 C0165D, dated
6/22/2011
o Wright County, Minnesota Panel 27171 C0170D, dated
6/22/2011
o Wright County, Minnesota Panel 27171C01901), dated
6/22/2011
For any instance where the effective and preliminary maps conflict, the
more restrictive map shall apply. These materials are on file in the City
Clerk's Office, City of Monticello City Hall.
(3) Abrogation and Greater Restrictions
It is not intended by this ordinance to repeal, abrogate, or impair any existing
easements, covenants, or other private agreements. However, where this
ordinance imposes greater restrictions, the provisions of this ordinance prevail.
All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency only.
(4) Warning and Disclaimer of Liability
This ordinance does not imply that areas outside the floodplain districts or land
uses permitted within such districts will be free from flooding or flood
damages. This ordinance does not create liability on the part of Monticello or
its officers or employees for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made hereunder.
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(5) Severability
If any section, clause, provision, or portion of this ordinance is adjudged
unconstitutional or invalid by a court of law, the remainder of this ordinance
shall not be affected and shall remain in full force.
(6) Definitions
Unless specifically defined below, words or phrases used in this ordinance must
be interpreted according to common usage and so as to give this ordinance its
most reasonable application.
(a) Accessory Use or Structure
A use or structure on the same lot with, and of a nature customarily
incidental and subordinate to, the principal use or structure.
(b) Base Flood
The flood having a one percent chance of being equaled or exceeded in any
given year.
(c) Base Flood Elevation
The elevation of the "regional flood." The term "base flood elevation" is
used is used in the flood insurance survey.
(d) Basement
Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level.
(e) Conditional Use
A specific type of structure or land use listed in the official control that may
be allowed but only after an in-depth review procedure and with appropriate
conditions or restrictions as provided in the official zoning controls or
building codes and upon a finding that:
(i) Certain conditions as detailed in the zoning ordinance exist.
(ii) The structure and/or land use conform to the comprehensive land use
plan if one exists and are compatible with the existing neighborhood.
(f) Critical Facilities
Facilities necessary to a community's public health and safety, those that
store or produce highly volatile, toxic or water -reactive materials, and those
that house occupants that may be insufficiently mobile to avoid loss of life or
injury. Examples of critical facilities include hospitals, correctional
facilities, schools, daycare facilities, nursing homes, fire and police stations,
wastewater treatment facilities, public electric utilities, water plants, fuel
storage facilities, and waste handling and storage facilities.
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(g) Development
Any manmade change to improved or unimproved real estate, including
buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations, or storage of equipment or materials.
(h) Equal Degree of Encroachment
A method of determining the location of floodway boundaries so that
floodplain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
(i) Farm Fence
A fence as defined by Minn. Statutes Section 344.02, Subd. 1(a) -(d). An
open type fence of posts and wire is not considered to be a structure under
this ordinance. Fences that have the potential to obstruct flood flows, such as
chain link fences and rigid walls, are regulated as structures under this
ordinance.
(j) Flood
A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
(k) Flood Frequency
The frequency for which it is expected that a specific flood stage or discharge
may be equaled or exceeded.
(1) Flood Fringe
The portion of the Special Flood Hazard Area (one percent annual chance
flood) located outside of the floodway. Flood fringe is synonymous with the
term "floodway fringe" used in the Flood Insurance Study for Wright
County, Minnesota.
(m) Flood Insurance Rate Map
An official map on which the Federal Insurance Administrator has delineated
both the special hazard areas and the risk premium zones applicable to the
community. A FIRM that has been made available digitally is called a Digital
Flood Insurance Rate Map (DFIRM).
(n) Flood Prone Area
Any land susceptible to being inundated by water from any source.
(o) Floodplain
The beds proper and the areas adjoining a wetland, lake or watercourse
which have been or hereafter may be covered by the regional flood.
(p) Floodproofing
A combination of structural provisions, changes, or adjustments to properties
and structures subject to flooding, primarily for the reduction or elimination
of flood damages.
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(q) Floodway
The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or
store the regional flood discharge.
(r) Lowest Floor
The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not
considered a building's lowest floor; provided, that such enclosure is not
built so as to render the structure in violation of the applicable non -elevation
design requirements of 44 Code of Federal Regulations, Part 60.3.
(s) Manufactured Home
A structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured
home" does not include the term "recreational vehicle."
(t) New Construction
Structures, including additions and improvements, and placement of
manufactured homes, for which the start of construction commenced on or
after the effective date of this ordinance.
(u) Obstruction
Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, channel modification, culvert, building, wire, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse, or regulatory floodplain which may impede, retard, or
change the direction of the flow of water, either in itself or by catching or
collecting debris carried by such water.
(v) One Hundred Year Floodplain
Lands inundated by the "Regional Flood" (see definition).
(w) Principal Use or Structure
All uses or structures that are not accessory uses or structures.
(x) Reach
A hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area,
the segment of a stream or river between two consecutive bridge crossings
would most typically constitute a reach.
(y) Recreational Vehicle
A vehicle that is built on a single chassis, is 400 square feet or less when
measured at the largest horizontal projection, is designed to be self-propelled
or permanently towable by a light duty truck, and is designed primarily not
for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this
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ordinance, the term recreational vehicle is synonymous with the term "travel
trailer/travel vehicle."
(z) Regional Flood
A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the I% chance or 100 -
year recurrence interval. Regional flood is synonymous with the term "base
flood" used in a flood insurance study.
(aa) Regulatory Flood Protection Elevation (RFPE)
An elevation not less than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the
floodplain that result from designation of a floodway.
(bb) Repetitive Loss
Flood related damages sustained by a structure on two separate occasions
during a ten year period for which the cost of repairs at the time of each
such flood event on the average equals or exceeds 25% of the market value
of the structure before the damage occurred.
(cc) Special Flood Hazard Area
A term used for flood insurance purposes synonymous with "One Hundred
Year Floodplain."
(dd) Start of Construction
Includes substantial improvement, and means the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement that occurred before the permit's expiration date. The
actual start is either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers,
foundations, or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds
not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
(ee) Structure
Anything constructed or erected on the ground or attached to the ground or
on-site utilities, including, but not limited to, buildings, factories, sheds,
detached garages, cabins, manufactured homes, recreational vehicles not
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meeting the exemption criteria specified in Section 3.7(J)(2)(b) of this
ordinance and other similar items.
(ff) Substantial Damage
Means damage of any origin sustained by a structure where the cost of
restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage
occurred.
(gg) Substantial Improvement
Within any consecutive 365 -day period, any reconstruction, rehabilitation
(including normal maintenance and repair), repair after damage, addition, or
other improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure before the "start of construction"
of the improvement. This term includes structures that have incurred
"substantial damage," regardless of the actual repair work performed. The
term does not, however, include either:
(i) Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions.
(ii) Any alteration of a "historic structure," provided that the alteration will
not preclude the structure's continued designation as a "historic
structure." For the purpose of this ordinance, "historic structure" is as
defined in 44 Code of Federal Regulations, Part 59.1.
(7) Annexations
The Flood Insurance Rate Map panels adopted by reference into Section
3.7(B)(2) above may include floodplain areas that lie outside of the
corporate boundaries of the City of Monticello at the time of adoption of
this ordinance. If any of these floodplain land areas are annexed into the
city of Monticello after the date of adoption of this ordinance, the newly
annexed floodplain lands will be subject to the provisions of this ordinance
(8) Detachments.
The Flood Insurance Rate Map panels adopted by reference into 3.7(B)(2)
above will include floodplain areas that lie inside the corporate boundaries
of municipalities at the time of adoption of this ordinance. If any of these
floodplain land areas are detached from a municipality and come under the
jurisdiction of Monticello after the date of adoption of this ordinance, the
newly detached floodplain lands will be subject to the provisions of this
ordinance immediately upon the date of detachment.
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(C) Establishment of Floodplain Districts
(1) Districts
(a) Floodway District - The Floodway District includes those areas within
Zones AE, A2, A7 delineated within floodway areas as shown on the Flood.
Insurance Rate Maps and Flood Boundary and Floodway Maps adopted in
Section 3.7(13)(2).
(b) Flood Fringe District - The Flood Fringe District includes areas within
Zones AE, A2, A7 on the Flood Insurance Rate Map and Flood Boundary
and Floodway Maps adopted in Section 3.7(B)(2),but located outside of the
floodway.
(c) Reserved for General Floodplain District
(2) Applicability
Where Floodway and Flood Fringe districts are delineated on the floodplain
maps, the standards in Sections 3.7(E) or 3.7(F) will apply, depending on
the location of a property.
(D) Reauirements for All Floodplain Districts
(1) Permit Required
(a) A permit must be obtained from the Zoning Administrator to verify a
development meets the standards outlined in this ordinance prior to
conducting the following activities:
(i) The erection, addition, modification, rehabilitation, or alteration of
any building, structure, or portion thereof. Normal maintenance and
repair also requires a permit if such work, separately or in
conjunction with other planned work, constitutes a substantial
improvement as defined in this ordinance.
(ii) The construction of a dam, on-site septic system, or fence, although a
permit is not required for a farm fence as defined in this ordinance.
(iii) The use or change of use of a building, structure, or land.
(iv) The change or extension of a nonconforming use.
(v) The repair of a structure that has been damaged by flood, fire,
tornado, or any other source.
(vi) The placement of fill, excavation of materials, or the storage of
materials or equipment within the floodplain.
(vii) Relocation or alteration of a watercourse (including new or
replacement culverts and bridges), unless a public waters work
permit has been applied for.
(viii) Any other type of "development" as defined in this ordinance.
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(2) Building Sites
(a) If a proposed building site is in a flood prone area, all new construction
and substantial improvements (including the placement of manufactured
homes) must be:
(i) Designed (or modified) and adequately anchored to prevent
floatation, collapse, or lateral movement of the structure resulting
from hydrodynamic and hydrostatic loads, including the effects of
buoyancy;
(ii) Constructed with materials and utility equipment resistant to flood
damage;
(iii) Constructed by methods and practices that minimize flood damage;
and
(iv) Constructed with electrical, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities that are designed
and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(3) Flood Capacity
In no cases shall floodplain development adversely affect the efficiency or
unduly restrict the capacity of the channels or floodways of any tributaries to
the main stream, drainage ditches, or any other drainage facilities or systems.
(4) Other
(a) The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or plant
life is prohibited.
(b) Critical Facilities, as defined in Section 3.7(13)(6)(f), are prohibited in all
floodplain districts.
(E) Floodwav District (FVC
(1) Permitted Uses
The following uses, subject to the standards set forth in Section 3.7(E)(2), are
permitted uses if otherwise allowed in the underlying zoning district or any
applicable overlay district:
(a) General farming, pasture, grazing, farm fences, outdoor plant nurseries,
horticulture, forestry, sod farming, and wild crop harvesting.
(b) Industrial -commercial loading areas, parking areas, and airport landing
strips.
(c) Open space uses, including but not limited to private and public golf
courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature preserves,
game farms, fish hatcheries, shooting preserves, hunting and fishing areas,
and single or multiple purpose recreational trails.
(d) Residential yards, lawns, gardens, parking areas, and play areas.
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(e) Railroads, streets, bridges, utility transmission lines and pipelines,
provided that the Department of Natural Resources' Area Hydrologist is
notified at least ten days prior to issuance of any permit.
(2) Standards for Floodway Permitted Uses
(a) The use must have a low flood damage potential.
(b) The use must not obstruct flood flows or cause any increase in flood
elevations and must not involve structures, obstructions, or storage of
materials or equipment.
(c) Any facility that will be used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the
depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1 % chance)
flood.
(3) Conditional Uses
The following uses may be allowed as conditional uses following the
standards and procedures set forth in Section 3.7(K)(4) of this ordinance and
further subject to the standards set forth in Section 3.7(E)(4), if otherwise
allowed in the underlying zoning district or any applicable overlay district.
(a) Structures accessory to the uses listed in 3.7(E)(1)(a)-(c) above and the
uses listed in 3.7(E)(3)(b)-(c) below
(b) Extraction, fill and storage of soil, sand, gravel, and other materials.
(c) Marinas, boat rentals, permanent docks, piers, wharves, and water
control structures.
(d) Storage yards for equipment, machinery, or materials.
(e) Construction of fences that obstruct flood flows. Farm fences, as defined
in section 3.7(B)(6)(i), are permitted uses.
(f) Travel -ready recreational vehicles meeting the exception standards in
Section 3.7()(2)(b).
(g) Levees or dikes intended to protect agricultural crops for a frequency
flood event equal to or less than the 10 -year frequency flood event.
(4) Standards for Floodway Conditional Uses
(a) All Uses
A conditional use must not cause any increase in the regional flood
elevations or cause an increase in flood damages in the reach or reaches
affected.
(b) Fill; Storage of Materials and Equipment .
(i) Fill, dredge spoil, and other similar materials deposited or stored in
the floodplain must be protected from erosion by vegetative cover,
mulching, riprap or other acceptable method. Permanent sand and
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gravel operations and similar uses must be covered by a long-term
site development plan.
(ii) Temporary placement of fill, other materials, or equipment which
would cause an increase to the stage of the 1 % percent chance or
regional flood may only be allowed if the City of Monticello has
approved a plan that assures removal of the materials from the
floodway based upon the flood warning time available.
(c) Accessory Structures
Accessory structures, as identified in Section 3.7(E)(3)(a), may be
permitted, provided that:
(i) Structures are not intended for human habitation;
(ii) Structures will have a low flood damage potential;
(iii) Structures will be constructed and placed so as to offer a minimal
obstruction to the flow of flood waters;
(iv) Service utilities, such as electrical and heating equipment, within
these structures must be elevated to or above the regulatory flood
protection elevation or properly floodproofed;
(v) Structures must be elevated on fill or structurally dry floodproofed
in accordance with the FPI or FP2 floodproofing classifications in
the State Building Code. All floodproofed structures must be
adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces on
exterior walls.
(A) As an alternative, an accessory structure may be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the
State Building Code, provided the accessory structure constitutes a
minimal investment. Designs for meeting this requirement must
either be certified by a registered professional engineer or meet or
exceed the following criteria:
1. To allow for the equalization of hydrostatic pressure, there must
be a minimum of two "automatic' openings in the outside walls
of the structure, with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
and
2. There must be openings on at least two sides of the structure
and the bottom of all openings must be no higher than one foot
above the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
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(d) Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters are subject to the
provisions of Minnesota Statutes, Section 103G.245.
(e) A levee, dike or floodwall constructed in the floodway must not cause
an increase to the 1 % chance or regional flood. The technical analysis
must assume equal conveyance or storage loss on both sides of a stream.
(f) Floodway developments must not adversely affect the hydraulic
capacity of the channel and adjoining floodplain of any tributary
watercourse or drainage system.
(F) Flood Fringe District (FF)
(1) Permitted Uses
Permitted uses are those uses of land or structures allowed in the underlying
zoning district(s) that comply with the standards in Sections 3.7(F)(2). If no
pre-existing, underlying zoning districts exist, then any residential or
nonresidential structure or use of a structure or land is a permitted use
provided it does not constitute a public nuisance.
(2) Standards for Flood Fringe Permitted Uses
(a) All structures, including accessory structures, must be elevated on fill so
that the lowest floor, as defined, is at or above the regulatory flood
protection elevation. The finished fill elevation for structures must be no
lower than one foot below the regulatory flood protection elevation and
the fill must extend at the same elevation at least 15 feet beyond the
outside limits of the structure.
(b) Accessory Structures
As an alternative to the fill requirements of section 3.7(F)(2)(a),
structures accessory to the uses identified in Section 3.7(F)(1) may be
permitted to be internally/wet floodproofed to the FP3 or FP4
floodproofng classifications in the State Building Code, provided that:
(i) The accessory structure constitutes a minimal investment, does not
exceed 576 square feet in size, and is only used for parking and
storage.
(ii) All portions of floodproofed accessory structures below the
Regulatory Flood Protection Elevation must be: (i) adequately
anchored to prevent flotation, collapse or lateral movement and
designed to equalize hydrostatic flood forces on exterior walls, (ii) be
constructed with materials resistant to flood damage, and (iii) must
have all service utilities be water -tight or elevated to above the
regulatory flood protection elevation
(iii) Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following
criteria:
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1. To allow for the equalization of hydrostatic pressure, there must
be a minimum of two "automatic" openings in the outside walls
of the structure, with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding;
and
2. There must be openings on at least two sides of the structure and
the bottom of all openings must be no higher than one foot above
the lowest adjacent grade to the structure. Using human
intervention to open a garage door prior to flooding will not
satisfy this requirement for automatic openings.
(c) The cumulative placement of fill or similar material on a parcel must not
exceed 1,000 cubic yards, unless the fill is specifically intended to
elevate a structure in accordance with Section 3.7(F)(2)(a) of this
ordinance, or if allowed as a conditional use under Section 3.7(F)(3)(c)
below.
(d) The storage of any materials or equipment must be elevated on fill to the
regulatory flood protection elevation.
(e) All service utilities, including ductwork, must be elevated or water -tight
to prevent infiltration of floodwaters.
(e) All fill must be properly compacted and the slopes must be properly
protected by the use of riprap, vegetative cover or other acceptable
method.
(f) All new principal structures must have vehicular access at or above an
elevation not more than two feet below the regulatory flood protection
elevation, or must have a flood warning /emergency evacuation plan
acceptable to the City of Monticello.
(g) Accessory uses such as yards, railroad tracks, and parking lots may be at
an elevation lower than the regulatory flood protection elevation.
However, any facilities used by employees or the general public must be
designed with a flood warning system that provides adequate time for
evacuation if the area is inundated to a depth and velocity such that the
depth (in feet) multiplied by the velocity (in feet per second) would
exceed a product of four upon occurrence of the regional (1 % chance)
flood.
(h) Manufactured homes and recreational vehicles must meet the standards of
Section 3.7(J) of this ordinance.
(3) Conditional Uses
The following uses and activities may also be allowed as conditional uses as a
principal or accessory use only if allowed in the underlying zoning district(s)
or any applicable overlay district, following the procedures in Section 3.7(K)
of this ordinance.
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(a) Storage of any material or equipment below the regulatory flood
protection elevation.
(b) The cumulative placement of more than 1,000 cubic yards of fill when the
fill is not being used to elevate a structure in accordance with Section
3.7(17)(2)(a) of this ordinance.
(c) The use of methods to elevate structures above the regulatory flood
protection elevation, including stilts, pilings, parallel walls, or above -
grade, enclosed areas such as crawl spaces or tuck under garages, shall
meet the standards in Section 3.7(F)(4)(f).
(4) Standards for Flood Fringe Conditional Uses:
(a) The standards listed in Sections 3.7(17)(2)(d) through 3.7(17)(2)(h) apply to
all conditional uses.
(b) Residential basements, as defined by Section 3.7(B)(6)(d) of this
ordinance, are not allowed below the regulatory flood protection
elevation.
(c) All areas of nonresidential structures, including basements, to be placed
below the regulatory flood protection elevation must be structurally dry
floodproofed, meeting the FPI or FP2 floodproofing classification in the
State Building Code, which requires making the structure watertight with
the walls substantially impermeable to the passage of water and with
structural components capable of resisting hydrostatic and hydrodynamic
loads and the effects of buoyancy.
(d) The placement of more than 1,000 cubic yards of fill or other similar
material on a parcel (other than for the purpose of elevating a structure to
the regulatory flood protection elevation) must comply with an approved
erosion/sedimentation control plan.
(i) The plan must clearly specify methods to be used to stabilize the fill
on site for a flood event at a minimum of the regional (I % chance)
flood event.
(ii) The plan must be prepared and certified by a registered professional
engineer or other qualified individual acceptable to the City of
Monticello.
(iii) The plan may incorporate alternative procedures for removal of the
material from the floodplain if adequate flood warning time exists.
(e) Storage of materials and equipment below the regulatory flood protection
elevation must comply with an approved emergency plan providing for
removal of such materials within the time available after a flood warning.
(f) Alternative elevation methods other than the use of fill may be utilized to
elevate a structure's lowest floor above the regulatory flood protection
elevation. The base or floor of an enclosed area shall be considered above -
grade and not a structure's basement or lowest floor if. 1) the enclosed
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area is above -grade on at least one side of the structure; 2) it is designed to
internally flood and is constructed with flood resistant materials; and 3) it
is used solely for parking of vehicles, building access or storage. The
above -noted alternative elevation methods are subject to the following
additional standards:
(i) Design and Certification - The structure's design and as -built
condition must be certified by a registered professional engineer as
being in compliance with the general design standards of the State
Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
Structure shall be subject to a nonconversion agreement with upon the
issuance of any permit.
(ii) Above -grade, fully enclosed areas such as crawl spaces or tuck under
garages must be designed to internally flood and the design plans
must stipulate:
1. The minimum area of openings in the walls where internal
flooding is to be used as a floodproofmg technique. There shall be
a minimum of two openings on at least two sides of the structure
and the bottom of all openings shall be no higher than one foot
above grade. The automatic openings shall have a minimum net
area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would
suffice. The automatic openings may be equipped with screens,
louvers, valves, or other coverings or devices provided that they
permit the automatic entry and exit of flood waters without any
form of human intervention; and
2. That the enclosed area will be designed of flood resistant
materials in accordance with the FP3 or FP4 classifications in the
State Building Code and shall be used solely for building access,
parking of vehicles or storage.
(G) Reserved for General Floodplain District
(I) Subdivision Standards
(1) Subdivisions
No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities.
Manufactured home parks and recreational vehicle parks or campgrounds are
considered subdivisions under this ordinance.
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(a) All lots within the floodplain districts must be able to contain a building
site outside of the Floodway District at or above the regulatory flood
protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the
individual building sites no lower than two feet below the regulatory
flood protection elevation, unless a flood warning emergency plan for the
safe evacuation of all vehicles and people during the regional (1 %
chance) flood has been approved by the City of Monticello. The plan
must be prepared by a registered engineer or other qualified individual,
and must demonstrate that adequate time and personnel exist to carry out
the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe
District boundaries, the regulatory flood protection elevation and the
required elevation of all access roads must be clearly labeled on all
required subdivision drawings and platting documents.
(d) Subdivision proposals must be reviewed to assure that:
(i) All such proposals are consistent with the need to minimize flood
damage within the flood prone area,
(ii) All public utilities and facilities, such as sewer, gas, electrical, and
water systems are located and constructed to minimize or eliminate
flood damage, and
(iii) Adequate drainage is provided to reduce exposure of flood hazard.
(1) Public Utilities, Railroads. Roads, and Bridles
(1) Public Utilities
All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be flood proofed in
accordance with the State Building Code or elevated to the regulatory flood
protection elevation.
(2) Public Transportation Facilities
Railroad tracks, roads, and bridges to be located within the floodplain must
comply with Sections 3.7(D) and 3.7(E) of this ordinance. These
transportation facilities must be elevated to the regulatory flood protection
elevation where failure or interruption of these facilities would result in
danger to the public health or safety or where such facilities are essential to
the orderly functioning of the area. Minor or auxiliary roads or railroads may
be constructed at a lower elevation where failure or interruption of
transportation services would not endanger the public health or safety.
(3) On-site Water Supply and Sewage Treatment Systems
Where public utilities are not provided: 1) On-site water supply systems must
be designed to minimize or eliminate infiltration of flood waters into the
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systems and are subject to the provisions in Minnesota Rules Chapter
4725.4350, as amended; and 2) New or replacement on-site sewage treatment
systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and discharges from the systems into flood waters, they must
not be subject to impairment or contamination during times of flooding, and
are subject to the provisions in Minnesota Rules Chapter 7080.2270, as
amended.
(J) Manufactured Homes and Recreational Vehicles
(1) Manufactured Homes
New manufactured home parks and expansions to existing manufactured
home parks are prohibited in any floodplain district. For existing
manufactured home parks or lots of record, the following requirements apply:
(a) Placement or replacement of manufactured home units is prohibited in the
Floodway District.
(b) Placement or replacement of manufactured home units in the Flood Fringe
District is subject to the requirements of Section 3.7(F) of this ordinance
and the following standards.
(i) New and replacement manufactured homes must be elevated in
compliance with Section 3.7(E) of this ordinance and must be securely
anchored to an adequately anchored foundation system that resists
flotation, collapse and lateral movement. Methods of anchoring may
include, but are not limited to, use of over -the -top or frame ties to
ground anchors. This requirement is in addition to applicable state or
local anchoring requirements for resisting wind forces.
(ii) New or replacement manufactured homes in existing manufactured
home parks must meet the vehicular access requirements for
subdivisions in Section 3.7(H)(1)(b) of this ordinance.
(2) Recreational Vehicles
New recreational vehicle parks or campgrounds and expansions to existing
recreational vehicle parks or campgrounds are prohibited in any floodplain
district. Placement of recreational vehicles in existing recreational vehicle
parks or campgrounds in the floodplain must meet the requirements below.
(a) Recreational vehicles are exempt from the provisions of this ordinance if
they are placed in any of the following areas and meet the criteria listed in
Section 3.7(J)(2)(b):
(i) Individual lots or parcels of record.
(ii) Existing commercial recreational vehicle parks or campgrounds.
(iii) Existing condominium -type associations.
(b) Criteria for Exempt Recreational Vehicles:
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(i) The vehicle must have a current license required for highway use.
(ii) The vehicle must be highway ready, meaning on wheels or the
internal jacking system, attached to the site only by quick disconnect
type utilities commonly used in campgrounds and recreational vehicle
parks.
(iii) No permanent structural type additions may be attached to the
vehicle.
(iv) Accessory structures may be permitted in the Flood Fringe District,
provided that they constitute a minimal investment, do not hinder the
removal of the vehicle should flooding occur, and meet the standards
outlined in Sections 3.7(D)(2) and 3.7(F)(2)(b).
(I) Administration
(1) Duties
A Zoning Administrator or other official designated by the City of
Monticello must administer and enforce this ordinance.
(2) Permit Application Requirements:
(a) Application for Permit. Permit applications must be submitted to the
Zoning Administrator on forms provided by the Zoning Administrator.
The permit application must include the following as applicable:
(i) A site plan showing all pertinent dimensions, existing or proposed
buildings, structures, and significant natural features having an
influence on the permit.
(ii) Location of fill or storage of materials in relation to the stream
channel.
(iii) Copies of any required municipal, county, state or federal permits or
approvals.
(iv) Other relevant information requested by the Zoning Administrator as
necessary to properly evaluate the permit application.
(b) Certification
The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that
the finished fill and building elevations were accomplished in compliance
with the provisions of this ordinance. Floodproofing measures must be
certified by a registered professional engineer or registered architect.
Accessory structures designed in accordance with Section 3.7(F)(2)(b) of
this ordinance are exempt from certification, provided sufficient
documentation is provided.
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(c) Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use
No building, land or structure may be occupied or used in any manner
until a certificate of zoning compliance has been issued by the Zoning
Administrator stating that the use of the building or land conforms to the
requirements of this ordinance.
(d) Construction and Use as Provided on Applications
Permits, conditional use permits or certificates of Zoning Compliance
issued on the basis of approved plans and applications authorize only the
use, arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Any use
arrangement, or construction at variance with that authorized shall be
deemed a violation of this ordinance.
(e) Record of First Floor Elevation
The Zoning Administrator must maintain a record of the elevation of the
lowest floor (including basement) of all new structures and alterations or
additions to existing structures in the floodplain. The Zoning
Administrator must also maintain a record of the elevation to which
structures and alterations or additions to structures are floodproofed.
(f) Notifications for Watercourse Alterations
Before authorizing any alteration or relocation of a river or stream, the
Zoning Administrator must notify adjacent communities. If the applicant
has applied for a permit to work in public waters pursuant to Minnesota
Statutes, Section 103G.245, this will suffice as adequate notice. A copy of
the notification must also be submitted to the Chicago Regional Office of
the Federal Emergency Management Agency (FEMA).
(g) Notification to FEMA When Physical Changes Increase or Decrease
Base Flood Elevations
As soon as is practicable, but not later than six months after the date such
supporting information becomes available, the Zoning Administrator
must notify the Chicago Regional Office of FEMA of the changes by
submitting a copy of the relevant technical or scientific data.
(3) Variances
(a) Variance Applications
An application for a variance to the provisions of this ordinance will be
processed and reviewed in accordance with applicable State Statutes and
Chapter 2 of the zoning ordinance.
(b) Adherence to State Floodplain Management Standards
A variance must not allow a use that is not allowed in that district, permit
a lower degree of flood protection than the regulatory flood protection
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elevation for the particular area, or permit standards lower than those
required by state law.
(c) Additional Variance Criteria
The following additional variance criteria of the Federal Emergency
Management Agency must be satisfied:
(i) Variances must not be issued by a community within any designated
regulatory floodway if any increase in flood levels during the base
flood discharge would result.
(ii) Variances may only be issued by a community upon (i) a showing of
good and sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and
(iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(iii) Variances may only be issued upon a determination that the variance
is the minimum necessary, considering the flood hazard, to afford
relief.
(d) Flood Insurance Notice
The Zoning Administrator must notify the applicant for a variance that: 1)
The issuance of a variance to construct a structure below the base flood
level will result in increased premium rates for flood insurance up to
amounts as high as $25 for $100 of insurance coverage; and 2) Such
construction below the base or regional flood level increases risks to life
and property. Such notification must be maintained with a record of all
variance actions.
(e) General Considerations
The community may consider the following factors in granting variances
and imposing conditions on variances and conditional uses in floodplains:
(i) The potential danger of life and property due to increased flood
heights or velocities caused by encroachments;
(ii) The danger that materials may be swept onto other lands or
downstream to the injury of others;
(iii) The proposed water supply and sanitation systems, if any, and the
ability of these systems to minimize the potential for disease,
contamination and unsanitary conditions;
(iv) The susceptibility of any proposed use and its contents to flood
damage and the effect of such damage on the individual owner;
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(v) The importance of the services to be provided by the proposed use to
the community;
(vi) The requirements of the facility for a waterfront location;
(vii) The availability of viable alternative locations for the proposed use
that are not subject to flooding;
(viii)The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
(ix) The relationship of the proposed use to the Comprehensive Land Use
Plan and flood plain management program for the area;
(x) The safety of access to the property in times of flood for ordinary
and emergency vehicles;
(A) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters expected at the site.
(f) Submittal of Hearing Notices to the Department of Natural
Resources (DNR)
The Zoning Administrator or other official designated by the City of
Monticello must submit hearing notices for proposed variances to the
DNR sufficiently in advance to provide at least ten days' notice of the
hearing. The notice may be sent by electronic mail or U.S. Mail to the
respective DNR area hydrologist.
(g) Submittal of Final Decisions to the DNR
A copy of all decisions granting variances must be forwarded to the DNR
within ten days of such action. The notice may be sent by electronic mail
or U.S. Mail to the respective DNR area hydrologist.
(h) Record -Keeping
The Zoning Administrator must maintain a record of all variance actions,
including justification for their issuance, and must report such variances
in an annual or biennial report to the Administrator of the National Flood
Insurance Program, when requested by the Federal Emergency
Management Agency.
(4) Conditional Uses:
(a) Administrative Review
An application for a conditional use permit under the provisions of this
ordinance will be processed and reviewed in accordance with Chapter 2
of the zoning ordinance.
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(b) Factors Used in Decision -Making
In passing upon conditional use applications, the City of Monticello must
consider all relevant factors specified in other sections of this ordinance,
and those factors identified in Section 3.7(K)(3)(e) of this ordinance.
(c) Conditions Attached to Conditional Use Permits
The City of Monticello may attach such conditions to the granting of
conditional use permits as it deems necessary to fulfill the purposes of
this ordinance. Such conditions may include, but are not limited to, the
following:
(i) Modification of waste treatment and water supply facilities.
(ii) Limitations on period of use, occupancy, and operation.
(iii) Imposition of operational controls, sureties, and deed restrictions.
(iv) Requirements for construction of channel modifications, compensatory
storage, dikes, levees, and other protective measures.
(v) Floodproofing measures, in accordance with the State Building Code and
this ordinance. The applicant must submit a plan or document certified
by a registered professional engineer or architect that the floodproofing
measures are consistent with the regulatory flood protection elevation
and associated flood factors for the particular area.
(d) Submittal of Hearing Notices to the Department of Natural
Resources (DNR)
The Zoning Administrator or other official designated by the City of
Monticello must submit hearing notices for proposed conditional uses to
the DNR sufficiently in advance to provide at least ten days' notice of
the hearing. The notice may be sent by electronic mail or U.S. Mail to
the respective DNR area hydrologist.
(e) Submittal of Hearing Notices to the Department of Natural
Resources (DNR)
The City of Monticello must submit hearing notices for proposed
conditional uses to the DNR sufficiently in advance to provide at least
ten days' notice of the hearing. The notice may be sent by electronic mail
or U.S. Mail to the respective DNR area hydrologist.
(f) Submittal of Final Decisions to the DNR
A copy of all decisions granting conditional uses must be forwarded to
the DNR within ten days of such action. The notice may be sent by
electronic mail or U.S. Mail to the respective DNR area hydrologist.
197962v1
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(L) Nonconformities
(1) Continuance of Nonconformities
A use, structure, or occupancy of land which was lawful before the passage or
amendment of this ordinance but which is not in conformity with the
provisions of this ordinance may be continued subject to the following
conditions. Historic structures, as defined in Section 3.7(B)(6) of this
ordinance, are subject to the provisions of Sections 3.7(L)(1)(a) — 3.7(L)(1)(f)
of this ordinance.
(a) A nonconforming use, structure, or occupancy must not be expanded,
changed, enlarged, or altered in a way that increases its flood damage
potential or degree of obstruction to flood flows except as provided in
3.7(L)(1)(b) below. Expansion or enlargement of uses, structures or
occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or
nonconforming use that would result in increasing its flood damage
potential must be protected to the regulatory flood protection elevation in
accordance with any of the elevation on fill or floodproofing techniques
(i.e., FP1 thru FP4 floodproofing classifications) allowable in the State
Building Code, except as further restricted in 3.7(L)(1)(d) below.
(c) If any nonconforming use, or any use of a nonconforming structure, is
discontinued for more than one year, any future use of the premises must
conform to this ordinance.
(d) If any structure experiences a substantial improvement as defined in this
ordinance, then the entire structure must meet the standards of Section
3.7(E) or 3.7(F) of this ordinance for new structures, depending upon
whether the structure is in the Floodway or Flood Fringe District,
respectively. If the current proposal, including maintenance and repair
during the previous 365 days, plus the costs of any previous alterations
and additions since the first Flood Insurance Rate Map exceeds 50
percent of the market value of any nonconforming structure, the entire
structure must meet the standards of Section 3.7(E) or 3.7(F) of this
ordinance.
(e) If any nonconformity is substantially damaged, as defined in this
ordinance, it may not be reconstructed except in conformity with the
provisions of this ordinance. The applicable provisions for establishing
new uses or new structures in Sections 3.7(E) or 3.7(F) will apply
depending upon whether the use or structure is in the Floodway or Flood
Fringe, respectively.
(f) If any nonconforming use or structure experiences a repetitive loss, as
defined in Section 3.7(B)(6)(bb) of this ordinance, it must not be
reconstructed except in conformity with the provisions of this ordinance.
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(M) Violations and Penalties
(1) Violation Constitutes a Misdemeanor
Violation of the provisions of this ordinance or failure to comply with any of
its requirements (including violations of conditions and safeguards established
in connection with grants of variances or conditional uses) constitute a
misdemeanor and will be punishable as defined by law.
(2) Other Lawful Action
Nothing in this ordinance restricts the City of Monticello from taking such
other lawful action as is necessary to prevent or remedy any violation. If the
responsible party does not appropriately respond to the Zoning Administrator
within the specified period of time, each additional day that lapses will
constitute an additional violation of this ordinance and will be prosecuted
accordingly.
(3) Enforcement
Violations of the provisions of this ordinance will be investigated and
resolved in accordance with the provisions of Chapter 7 of the zoning
ordinance. In responding to a suspected ordinance violation, the Zoning
Administrator and City of Monticello may utilize the full array of
enforcement actions available to it including but not limited to prosecution
and fines, injunctions, after -the -fact permits, orders for corrective measures
or a request to the National Flood Insurance Program for denial of flood
insurance availability to the guilty party. The City of Monticello must act in
good faith to enforce these official controls and to correct ordinance
violations to the extent possible so as not to jeopardize its eligibility in the
National Flood Insurance Program.
(N) Amendments
(1) Floodplain Designation — Restrictions on Removal
The floodplain designation on the Official Zoning Map must not be removed from
floodplain areas unless it can be shown that the designation is in error or that
the area has been filled to or above the elevation of the regulatory flood
protection elevation and is contiguous to lands outside the floodplain. Special
exceptions to this rule may be permitted by the Commissioner of the
Department of Natural Resources (DNR) if the Commissioner determines that,
through other measures, lands are adequately protected for the intended use.
(2) Amendments Require DNR Approval
All amendments to this ordinance must be submitted to and approved by the
Commissioner of the Department of Natural Resources (DNR) prior to
adoption. The Commissioner must approve the amendment prior to
community approval.
197962v1
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(3) Map Revisions Require Ordinance Amendments
The floodplain district regulations must be amended to incorporate any
revisions by the Federal Emergency Management Agency to the floodplain
maps adopted in Section 3.7(B)(2) of this ordinance.
SECTION 4.. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to renumber the
tables and chapters accordingly as necessary to provide the intended effect of this Ordinance.
The City Clerk is further directed to make necessary corrections to any internal citations and
diagrams that result from such amendments, provided that such changes retain the purpose and
intent of the Zoning Ordinance as has been adopted.
SECTION 5. This Ordinance shall take effect and be in full force from and after its passage and
publication as required by law and/or charter. Revisions will be made online after adoption by
Council. Copies of the complete Zoning Ordinance are available online and at Monticello City
Hall.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in full force from
and after its passage and publication as required by law.
ADOPTED BY the Monticello City Council this 25 day of June, 2018.
nan Stump , yor
ATTEST:
Jeff O e' dm>mstrator
VOTING IN FAVOR �GI�rL( �� �al ►'� ��� �4 G Q.r�- ��d s1 LLd'd11'
VOTING IN OPPOSITION: n 0 VI,?,
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197962v1