Agenda - Planning Commission - 04/27/2023

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1 (2) Persons contesting the location of the district boundaries will be given a reasonable 2 opportunity to present their case to the planning commission and to submit technical 3 evidence. 4 (F) Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or 5 impair any existing easements, covenants, or other private agreements. However, where this 6 subdivision imposes greater restrictions,the provisions of this subdivision prevail. 7 (G) Warning and disclaimer of liability.This subdivision does not imply that areas outside the floodplain 8 districts or land uses permitted within such districts will be free from flooding or flood damages. 9 This subdivision does not create liability on the part of the city or its officers or employees for any 10 flood damages that result from reliance on this subdivision or any administrative decision lawfully 11 made thereunder. 12 (H) Severability. If any section, clause, provision, or portion of this subdivision is adjudged 13 unconstitutional or invalid by a court of law, the remainder of this subdivision shall not be affected 14 and shall remain in full force. 15 16 17 18 , 19 iens ofthisslibelivisieR immediabely u peR +ho rla+o of annexatieR Kev 20 21 922 Establishment of Flood Zone Districts 22 (A) Districts. 23 (1) FW Floodway district. The floodway district includes those areas designated as floodway on 24 the flood insurance rate map adopted in section 117-181. For lakes, wetlands, and other 25 basins (that do not have a floodway designated), the floodway district includes those areas 26 designated as zone A or AE on the flood insurance rate map that are at or below the ordinary 27 high water level as defined in Minn. Stats. § 103G.005, subd. 14. 28 (2) FF Flood fringe district. The flood fringe district includes those areas designated as floodway 29 fringe on the flood insurance rate map adopted in section 117-181 as being within zone AE 30 but being located outside of the floodway. For lakes, wetlands and other basins (that do not 31 have a floodway designated),the flood fringe district includes those areas designated as zone 32 A or AE on the flood insurance rate map panels adopted in section 117-181 that are below 33 the 1% annual chance (100-year) flood elevation but above the ordinary high water level as 34 defined in Minn. Stats. § 103G.005, subd. 14. 35 (3) GF General floodplain district. The general floodplain district includes those areas designated 36 as zone A or zone AE without a floodway on the flood insurance rate map adopted in section 37 117-181, but not subject to the criteria in sections 117-182(a)(1) and (2) above. 38 (B) Compliance. Within the floodplain districts established in this subdivision, the use of any land, the 39 use,size,type and location of structures on lots,the installation and maintenance of transportation, 40 utility, water supply and waste treatment facilities, and the subdivision of land must comply with 41 the terms of this subdivision and other applicable regulations. All uses not listed as permitted uses 42 or conditional uses in sections 117-183, 117-184, and 117-185, respectively, are prohibited. In 43 addition, a caution is provided here that: 44 (1) New and replacement manufactured homes and certain recreational vehicles are subject to 45 the general provisions of this subdivision and specifically section 117-188. 46 (2) Modifications, additions, structural alterations, normal maintenance and repair, or repair 47 after damage to existing nonconforming structures and nonconforming uses of structures or 48 land are regulated by the general provisions of this subdivision and specifically section 117- 49 190. Page 114 of 147