(1) Uses. This chapter adopts the floodplain maps applicable to the city and includes three floodplain districts: floodway, flood fringe, and general floodplain.
(b) 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 § 1103.05 apply unless the floodway boundary is determined, according to the process outlined in § 1103.07. Once the floodway boundary is determined, the flood fringe district standards in § 1103.06 may apply outside the floodway.
(2) Applicability.
(a) This chapter applies to all lands within the jurisdiction of the city shown on the official zoning map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts.
(b) 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 the zoning ordinance. In case of a conflict, the more restrictive standards will apply.
(3) Incorporation of maps by reference. The following maps together with all materials are hereby adopted by reference and declared to be a part of the official zoning map and this chapter. The referenced material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map panels enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk and the Zoning Administrator.
(4) 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 flood plain that result from designation of a floodway.
(5) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the flood insurance rate map.
(a) 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.
(b) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit their own technical evidence.
(6) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, deed restrictions, or other private agreements. 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.
(7) Warning and disclaimer of liability. This chapter does not imply that areas outside of the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. The chapter does not create liability on the part of the city or its officers or employees for any flood damage that may result from reliance on this chapter or any administrative decision lawfully made under it.
(8) Annexations. The flood insurance rate map panels adopted by reference into § 1103.02(3) 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 land 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. 10-15, passed 11-23-2015)