Zoning Administrator Cristal Adkins reviewed proposed revisions to the county’s 610. Floodplain District ordinance at the July 25 planning commission meeting.
After waiting for the revised maps for several years the updated FEMA maps are to be finalized effective August 15. As part of the process, the county is required to amend its ordinance, referencing the updated maps. The Department of Natural Resources provides a model ordinance.
Adkins reviewed a draft of the ordinance which breaks down permitted uses in the floodway and the flood fringe. Uses in the flood fringe are not as restricted as the floodway. She also reviewed additions and amendments to 302. Definitions.
The Flood Fringe is defined as “the portion of the Special Flood Hazard Area (1% annual chance flood) located outside of the floodway.” Floodway is defined as “the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge.”
A public hearing on the proposed revisions will be held August 6 at 9:35 a.m. during the Board of Commissioners meeting.
After the updates are approved, the updated flood plain maps will be attached to the updated ordinance to make the county compliant.
Restriction on new dwellings
The planning commission has discussed on multiple occasions the restriction that does not allow new construction of dwellings on land with a crop equivalency rating greater than 65 in the Ag District.
The restriction is intended to preserve cropland. The zoning office relies on soil survey maps produced in the 1950s. Adkins said the maps aren’t always accurate, showing the poorest farm land.
If number 9 under 604.05 Performance Standards was eliminated, dwellings could be built on any soil type. The restriction of only two dwellings per quarter/quarter would still be in effect. Trinity Johnson said the CER restriction is out of date. Currently, any other kind of structure except a house can be built on land with a CER greater than 65.
Also, long driveways eat up good farmland to get to land on a property that is buildable because it has a CER less than 65.
If Fillmore County were to remove this restriction, townships would be free to have a more restrictive ordinance. Chatfield, Forestville, Jordan, Spring Valley, and Sumner Townships do currently have zoning ordinances that are more restrictive than that of the county.
Adkins said if the planning commission decided to go ahead with a public hearing on the CER restriction, every township would get notice of a public hearing, before a decision is made on the CER restriction.
Johnson noted that most of the variances the Board of Adjustment has approved since he has been on the board have been requested do to the CER restriction.
A motion was unanimously approved to have a public hearing on the CER restriction (to eliminate all of section 9) at the August 22 planning commission meeting.
Board of Adjustment
A 25-foot variance was approved as requested by Danny and Ada Borntreger, Fillmore Township. Borntreger explained that he wants to remove an old building to build a heated shop on the same footprint. The new building will be farther from the center line of the road (48 feet), but still 25 feet less than the ordinance requires.
There was no objection from township officers and no comment from the public.
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