Agenda - Council - 08/08/2023 - Laserfiche WebLink

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1 December 16, 2015 and all prepared by the Federal Emergency Management Agency. These 2 materials are on file in the community development department. 3 • 27003C0142E • 27003C0144E • 27003C0165E • 27003C0166E • 27003C0167E • 27003C0170E • 27003C0186E • 27003CO257E • 27003CO280E • 27003CO281E • 27003CO282E • 27003CO283E 4 5 (D) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an 6 elevation no lower than one foot above the elevation of the regional flood plus any increases in 7 flood elevation caused by encroachments on the floodplain that result from designation of a 8 floodway. 9 (E) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the 10 flood insurance rate map. 11 (1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and 12 actual field conditions, the flood elevations shall be the governing factor. The zoning 13 administrator must interpret the boundary location based on the ground elevations that 14 existed on the site on the date of the first National Flood Insurance Program map showing the 15 area within the regulatory floodplain, and other available technical data. 16 (2) Persons contesting the location of the district boundaries will be given a reasonable 17 opportunity to present their case to the planning commission and to submit technical 18 evidence. 19 (F) Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or 20 impair any existing easements, covenants, or other private agreements. However, where this 21 subdivision imposes greater restrictions, the provisions of this subdivision prevail. 22 (G) Warning and disclaimer of liability. This subdivision does not imply that areas outside the floodplain 23 districts or land uses permitted within such districts will be free from flooding or flood damages. 24 This subdivision does not create liability on the part of the city or its officers or employees for any 25 flood damages that result from reliance on this subdivision or any administrative decision lawfully 26 made thereunder. 27 (H) Severability. If any section, clause, provision, or portion of this subdivision is adjudged 28 unconstitutional or invalid by a court of law, the remainder of this subdivision shall not be affected 29 and shall remain in full force. 30 I) Annexation. The flood insuranec rate map panels adopted by rcfcrcncc into scction 921(c) above 31 may include floodplain areas that lieoutsidc of thc corporate boundaries of thc city at the time of 32 adoption of this subdivision. If any of these floodplain land areas arc annexed into thc city after the 33 date of adoption of this subdivision, the newly annexed floodplain lands will be subject to the 34 provisions of this subdivision immediately upon the date of annexation. 35 36 922 Establishment of Flood Zone Districts 37 (A) Districts. 38 (1) FW Floodway district. The floodway district includes those areas designated as floodway on 39 the flood insurance rate map adopted in section 921. For lakes, wetlands, and other basins 40 (that do not have a floodway designated), the floodway district includes those areas 41 designated as zone A or AE on the flood insurance rate map that are at or below the ordinary 42 high water level as defined in Minn. Stats. § 103G.005, subd. 14. Page 119 of 160