Agenda - Planning Commission - 07/27/2023

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1 flood damages that result from reliance on this subdivision or any administrative decision lawfully 2 made thereunder. 3 (H) Severability. If any section, clause, provision, or portion of this subdivision is adjudged 4 unconstitutional or invalid by a court of law, the remainder of this subdivision shall not be affected 5 and shall remain in full force. 6 {I) nncxation . The flood insurance rate map panels adopted by rcfcrcncc into scction 921(c) abeam 7 may include floodplain areas that lie outside of thc corporate boundaries of thc city at the time of 8 adoption of this subdivision. If any of these floodplain land areas arc annexed into the city after the 9 date of adoption of this subdivision, the newly annexed floodplain lands will be subject to the 10 provisions of this subdivision immediately upon the date of annexation. 11 12 922 Establishment of Flood Zone Districts 13 (A) Districts. 14 (1) FW Floodway district. The floodway district includes those areas designated as floodway on 15 the flood insurance rate map adopted in section 921. For lakes, wetlands, and other basins 16 (that do not have a floodway designated), the floodway district includes those areas 17 designated as zone A or AE on the flood insurance rate map that are at or below the ordinary 18 high water level as defined in Minn. Stats. § 103G.005, subd. 14. 19 (2) FF Flood fringe district. The flood fringe district includes those areas designated as floodway 20 fringe on the flood insurance rate map adopted in section 921 as being within zone AE but 21 being located outside of the floodway. For lakes, wetlands and other basins (that do not have 22 a floodway designated), the flood fringe district includes those areas designated as zone A or 23 AE on the flood insurance rate map panels adopted in section 921 that are below the 1% 24 annual chance (100-year) flood elevation but above the ordinary high water level as defined 25 in Minn. Stats. § 103G.005, subd. 14. 26 (3) GF General floodplain district. The general floodplain district includes those areas designated 27 as zone A or zone AE without a floodway on the flood insurance rate map adopted in section 28 921, but not subject to the criteria in sections 922(A)(1) and (2) above. 29 (B) Compliance. Within the floodplain districts established in this subdivision, the use of any land, the 30 use, size, type and location of structures on lots, the installation and maintenance of transportation, 31 utility, water supply and waste treatment facilities, and the subdivision of land must comply with 32 the terms of this subdivision and other applicable regulations. All uses not listed as permitted uses 33 or conditional uses in sections 923, 924, and 925, respectively, are prohibited. In addition, a caution 34 is provided here that: 35 (1) New and replacement manufactured homes and certain recreational vehicles are subject to 36 the general provisions of this subdivision and specifically section 117-188. 37 (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair 38 after damage to existing nonconforming structures and nonconforming uses of structures or 39 land are regulated by the general provisions of this subdivision and specifically section 117- 40 190. 41 (3) All structures must be constructed with electrical, heating, ventilation, plumbing, and air 42 conditioning equipment and other service facilities that are designed and/or located so as to 43 prevent water from entering or accumulating within the components during conditions of 44 flooding. 45 (4) As -built elevations for elevated or floodproofed structures must be certified by ground 46 surveys and flood -proofing techniques must be designed and certified by a registered 47 professional engineer or architect as specified in the general provisions of this subdivision and 48 specifically as stated in section 117-189. 49 Page 120 of 160