Ordinance 842 - Laserfiche WebLink

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1301.02: GENERAL PROVISIONS Subd. 1. Lands to Which this Chapter Applies: This Chapter shall apply to all lands in Mounds View shown on the Official Zoning Map and/or the attachments thereto as being within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts. Subd. 2. Establishment of Official Zoning Map: The City hereby adopts by reference the Official Zoning Map, together with all materials attached thereto, and declares the Zoning Map to be a part of this Chapter. The attached materials shall include the Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and Flood Insurance Rate Map panels therein numbered 27123C0004G, 27123C0005G and 27123C0010G, all dated June 4, 2010 as prepared by the Federal Emergency Management Agency (FEMA). The Official Zoning Map and attached materials shall be on file in the Offices of the City Administrator and the Community Development Director. Subd. 3. 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 flood plain that result from designation of a floodway. Subd. 4. Interpretation: a. In their interpretation and application, the City and all users of this Chapter shall hold the provisions of this Chapter to be the minimum requirements and shall liberally construe the provisions in favor of the City or other regulating agency. In addition, no one shall deem any of the provisions of this Chapter a limitation or repeal of any other powers granted by State or Federal statutes. b. The boundaries of the zoning districts shall be determined by scaling distances on the Official Flood Plain Zoning Map. The Planning Commission shall make interpretations about exact location of the boundaries of a 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 Community Development Director. 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 City adopted its initial floodplain regulations 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. The City shall give persons contesting the location of the district boundaries a reasonable opportunity to present their case to the Planning Commission and to submit technical evidence. Subd. 5. Abrogation and Greater Restrictions: The City does not intend 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. In all cases, the provisions of Chapter 1010, wetland zoning regulation and the City surface water management plan (subject to subsequent revisions) shall be considered more restrictive than this Chapter. The City hereby repeals all other regulations or ordinances inconsistent with this Chapter to the extent of the inconsistency only. Subd. 6. Warning and Disclaimer of Liability: This Chapter does not imply that areas outside the flood plain 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 or any officer or employee thereof for any flood damage that result from reliance on this Chapter or any administrative decision lawfully made thereunder. 2 April 29, 2010