Ordinance - #15-15 - 11/24/2015 - Laserfiche WebLink

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(f) 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. (g) 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. (i) Annexations. The Flood Insurance Rate Map panels adopted by reference into Section 117-181 (c) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this Subdivision. If any of these floodplain land areas are annexed into the city after the date of adoption of this Subdivision, the newly annexed floodplain lands will be subject to the provisions of this Subdivision immediately upon the date of annexation. Sec. 117-182. — Establishment of flood zone districts. (a) Districts. (1) Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in Section 117-181. For lakes, wetlands and other basins (that do not have a floodway designated), the Floodway District includes those areas designated as Zone A or AE on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (2) Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in Section 117-181 as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone A or AE on the Flood Insurance Rate Map panels adopted in Section 117-181 that are below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. (3) General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in Section 117-181, but not subject to the criteria in Section 117-182 (a)(1) and (2) above. (b) Compliance. Within the floodplain districts established in this Subdivision, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this ordinance and other applicable regulations. All uses not listed as permitted uses or conditional uses in Sections 117-183, 117-184, and 117-185, respectively, are prohibited. In addition, a caution is provided here that: (1) New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this Subdivision and specifically Section 117-188. (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Subdivision and specifically Section 117-190.