A. Applicable Lands: This chapter shall apply to all lands within the jurisdiction of Dawson shown on the official zoning map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general floodplain districts.
B. Establishment Of Official Zoning Map: The official zoning map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this chapter. The attached material shall include the flood insurance study for Lac Qui Parle County, Minnesota, and incorporated areas prepared by the federal emergency management agency and dated March 16, 2006, and the flood insurance rate map panels numbered 27073C0383C, 27073C0387C and 27073C0391C dated March 16, 2006, therein. The official zoning map shall be on file in the office of the city clerk and the city manager.
Note: For future annexation of floodplain lands, it is a requirement of the national flood insurance program that a community legally apply the provisions of its floodplain ordinance to the annexed land on the date of annexation (see subsection H of this section). The flood insurance rate map panels adopted into this subsection must be inclusive enough so that they encompass all of the unincorporated area of the county that may be annexed into the city into the foreseeable future. This may mean that a city will need to adopt flood insurance rate map panels in addition to those flood map panels that contain the current corporate boundaries of the city.
C. Regulatory Flood Protection Elevation: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
D. Interpretation:
1. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations that existed on the site at the time the community adopted its initial floodplain ordinance or on the date of the first national flood insurance program map showing the area within the 100-year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board of adjustment and to submit technical evidence.
E. Abrogation And Greater Restrictions: It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
F. Warning And Disclaimer Of Liability: This chapter 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 chapter shall not create liability on the part of the city of Dawson or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
G. Severability: If any section, clause, provision, or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
H. Annexations: The flood insurance rate map panels adopted by reference into subsection B of this section may include floodplain areas that lie outside of the corporate boundaries of the city of Dawson at the time of adoption of this chapter. If any of these floodplain land areas are annexed into the city of Dawson after the date of adoption hereof, the newly annexed floodplain lands shall be subject to the provisions of this chapter immediately upon the date of annexation into the city of Dawson. (Ord. 260, 2-21-2006)
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