(A) Lands to which chapter applies. This chapter applies to all lands within the jurisdiction of the city shown on the flood insurance rate maps adopted in division (B), below, as being located within the boundaries of the Floodplain District. The Floodplain District is an overlay district that is superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(B) Adoption of flood insurance study and maps. The flood insurance study for Crow Wing County, Minnesota, and incorporated areas, and flood insurance rate map panels 27035C0075C, 27035C0100C, 27035C0185C, and 27035C0225C; all of these documents being dated 8-15-2017 and prepared by the Federal Emergency Management Agency, are hereby adopted by reference and declared to be a part of this chapter and the official zoning map. These materials are on file in the City Clerk/Treasurer's office.
(C) Interpretation. The boundaries of the Floodplain District are determined by scaling distances on the flood insurance rate map.
(1) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations must be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data.
(2) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning and Zoning Commission and to submit technical evidence.
(D) 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 prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(E) 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 does not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(F) Annexations. The flood insurance rate map panels adopted by reference into division (B), above, may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this chapter. If any of these floodplain areas are annexed into the city after the date of adoption of this chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately upon the date of annexation.
(Ord. 907, passed 8-8-2017)