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1 December 16, 2015 and all prepared by the Federal Emergency Management Agency. These <br />2 materials are on file in the community development department. <br />3 <br />• 27003CO142E <br />• 27003CO186E <br />• 27003CO144E <br />• 27003CO257E <br />• 27003CO165E <br />• 27003CO280E <br />• 27003CO166E <br />• 27003CO281E <br />• 27003CO167E <br />• 27003CO282E <br />• 27003CO170E <br />• 27003CO283E <br />4 <br />5 <br />(D) <br />Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an <br />6 <br />elevation no lower than one foot above the elevation of the regional flood plus any increases in <br />7 <br />flood elevation caused by encroachments on the floodplain that result from designation of a <br />8 <br />floodway. <br />9 <br />(E) <br />Interpretation. The boundaries of the zoning districts are determined by scaling distances on the <br />10 <br />flood insurance rate map. <br />11 <br />(1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and <br />12 <br />actual field conditions, the flood elevations shall be the governing factor. The zoning <br />13 <br />administrator must interpret the boundary location based on the ground elevations that <br />14 <br />existed on the site on the date of the first National Flood Insurance Program map showing the <br />15 <br />area within the regulatory floodplain, and other available technical data. <br />16 <br />(2) Persons contesting the location of the district boundaries will be given a reasonable <br />17 <br />opportunity to present their case to the planning commission and to submit technical <br />18 <br />evidence. <br />19 <br />(F) <br />Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or <br />20 <br />impair any existing easements, covenants, or other private agreements. However, where this <br />21 <br />subdivision imposes greater restrictions, the provisions of this subdivision prevail. <br />22 <br />(G) <br />Warning and disclaimer of liability. This subdivision does not imply that areas outside the floodplain <br />23 <br />districts or land uses permitted within such districts will be free from flooding or flood damages. <br />24 <br />This subdivision does not create liability on the part of the city or its officers or employees for any <br />25 <br />flood damages that result from reliance on this subdivision or any administrative decision lawfully <br />26 <br />made thereunder. <br />27 <br />(H) <br />Severability. If any section, clause, provision, or portion of this subdivision is adjudged <br />28 <br />unconstitutional or invalid by a court of law, the remainder of this subdivision shall not be affected <br />29 <br />and shall remain in full force. <br />30 <br />31 <br />32 <br />33 <br />, <br />34 <br />. <br />35 <br />36 922 Establishment of Flood Zone Districts <br />37 (A) Districts. <br />38 (1) FW Floodway district. The floodway district includes those areas designated as floodway on <br />39 the flood insurance rate map adopted in section 921. For lakes, wetlands, and other basins <br />40 (that do not have a floodway designated), the floodway district includes those areas <br />41 designated as zone A or AE on the flood insurance rate map that are at or below the ordinary <br />42 high water level as defined in Minn. Stats. § 103G.005, subd. 14. <br />Page 119 of 160 <br />