Agenda - Planning Commission - 10/15/2015

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(b) Lands to which this Subdivision applies. This Subdivision applies to all lands within the jurisdiction of the city shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain districts. (1) 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 the underlying zoning district. In case of a conflict, the more restrictive standards will apply. (c) 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 Subdivision. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Maps enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the Community Development Department. • 270030142E • 270030144E • 270030165E • 270030166E • 270030167E • 270030170E • 270030186E • 270030257E • 270030280E • 270030281E • 270030282E • 270030283E (d) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower 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. (e) (f) (g) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. (1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. (2) 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. Abrogation and greater restrictions. It is not intended by this Subdivision to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this Subdivision imposes greater restrictions, the provisions of this Subdivision prevail. Warning and disclaimer of liability. This Subdivision 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 Subdivision does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this Subdivision or any administrative decision lawfully made thereunder. (h) Severability. If any section, clause, provision, or portion of this Subdivision is adjudged unconstitutional or invalid by a court of law, the remainder of this Subdivision shall not be affected and shall remain in full force.