(A) How to use this subchapter. This subchapter adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Floodway Fringe, and General Floodplain.
(2) Locations where Floodway and Flood Fringe Districts are not delineated on the floodplain maps are considered to fall within the General Floodplain District. Within the General Floodplain District, the Floodway District standards in § 154.089 apply unless the floodway boundary is determined, according to the process outlined in § 154.091. Once the floodway boundary is determined, the Flood Fringe District standards in § 154.090 may apply outside the floodway.
(B) Lands to which subchapter applies.
(1) This subchapter applies to all lands within the jurisdiction of the city 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.
(2) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this subchapter. In case of a conflict, the more restrictive standards will apply.
(C) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the official zoning map and this subchapter. The attached material includes the Flood Insurance Study for McLeod County, Minnesota, and Incorporated Areas, dated 7-7-2014 and the Flood Insurance Rate Map panels for McLeod County enumerated below, dated 7-7-2014, all prepared by the Federal Emergency Management Agency. These materials are on file in the Planning Department at Hutchinson City Center.
Panel Numbers |
Panel Numbers |
27085C0017E |
27085C0018E |
27085C0019E |
27085C0038E |
27085C0050E |
27085C0106E |
27085C0125E |
27085C0126E |
27085C0150E |
(D) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot 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.
(E) Interpretation. The boundaries of the zoning districts 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 shall 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 Commission and City Council and to submit technical evidence.
(F) Warning and disclaimer of liability. This subchapter 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 subchapter does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
(G) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (C) above may include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of this subchapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this subchapter, the newly annexed floodplain lands will be subject to the provisions of this subchapter immediately upon the date of annexation.
(2004 Code, § 154.086) (Ord. 464, passed 1- -1996; Ord. 97-211, passed 10-14-1997; Ord. 98-223, passed 5-12-1998; Ord. 03-335, passed 3-11-2003; Ord. 14-0729, passed 6-10-2014)