§ 154.140 GENERAL PROVISIONS.
   (A)   Statutory authorization. The legislature of the state has, in M.S. Ch. 462, as may be amended from time to time, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council does ordain as follows in this subchapter.
   (B)   Findings of fact. The flood hazard areas of the city are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
   (C)   Methods used to analyze flood hazards. This subchapter is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the State Department of Natural Resources.
   (D)   Statement of purpose. It is the purpose of this subchapter to promote the public health, safety and general welfare and to minimize those losses described in § 154.140 by provisions contained herein.
   (E)   Lands to which chapter applies. This subchapter shall apply 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 or flood fringe districts.
   (F)   Establishment of official zoning map. The official zoning map together with all materials attached thereto is adopted by reference and declared to be a part of this subchapter. The attached material shall include the current Flood Insurance Study for the city prepared by the Federal Insurance Administration, and the current Flood Boundary and Floodway Map and current Flood Insurance Rate Map therein. The official zoning map shall be on file in the office of the Zoning Administrator.
   (G)   Regulatory flood protection elevation. The regulatory flood protection elevation shall be 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.
   (H)   Interpretation. In their interpretation and application, the provisions of this subchapter 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.
      (1)   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 Adjustments and Appeals shall make the necessary interpretation.
      (2)   All decisions will be based on elevations on the regional 100-year flood profile 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 Adjustments and Appeals and to submit technical evidence.
   (I)   Abrogation and greater restrictions. It is not intended by this subchapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this subchapter imposes greater restrictions, the provisions of this subchapter shall prevail. All other ordinances inconsistent with this subchapter are repealed to the extent of the inconsistency only.
   (J)   Warning and disclaimer of liability. This subchapter does not imply that areas outside the floodplain districts or land uses permitted within the districts will be free from flooding or flood damages. This subchapter shall 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 subchapter or any administrative decision lawfully made thereunder.
(Ord. 879, passed 10-28-2020)