5.5. PCSR 10-11-2011 - Laserfiche WebLink

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(b) All amendments to this division, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agenry's technical conditions and criteria and must receive prior approval from the Federal Emergency Management Agency before adoption. The Commissioner of Natural Resources must be given ten days' written notice of all hearings to consider an amendment to this division, and the notice shall include a draft of the ordinance amendment or technical study under consideration. Section $. That Section 30-1870 of the City of Elk River Code of Ordinances, titled Interpretation of division, determination of boundaries of districts, shall be amended to read as follows: (a) In their interpretation and application, the provisions of this division shall be held to be minimum requirements and shall be liberally construed in favor of the city council and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (b) 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 Land Development Staff, the Board of Adjustments shall make the necessary interpretation. 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 flood plain if earlier. 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 to submit technical evidence. Section 9. That Section 30-1871 of the City of Elk River Code of Ordinances, titled Effect of division on existing easements, covenants or deed restrictions, shall be amended to add subsection (c) as follows: It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division imposes greater restrictions, the provisions of this division shall eerrtrel revail. Section 10. That Section 30-1872 of the City of Elk River Code of Ordinances, titled Warning and disclaimer of liability, shall be amended to read as follows: This division 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 division 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 division or any administrative decision lawfully made thereunder. If any section, clause, Provision, or portion of this division is adjudged unconstitutional or invalid by a court of competent jurisdiction the remainder of this division shall not be affected. therebv. Section 1L That Section 30-1873 of the City of Elk River Code of Ordinances, titled Penalty; additional remedies, shall be amended to read as follows: (a) Violations of the provisions of this division or failure to comply with any of its requirements including violations of conditions and safeguards, established in connection with grants of variances or conditional uses, shall constitute a misdemeanor and shall be punishable as defined b,~.