§ 20-327. General provisions.

(a)

Lands to which ordinance applies: This article applies to all lands within the jurisdiction of the City of Chanhassen within the boundaries of the Floodway, Flood Fringe and General Floodplain Districts. The boundaries of these districts are determined by scaling distances on the flood insurance rate map, or as modified in accordance with section 20-328.

(1)

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 article. In case of a conflict, the more restrictive standards will apply.

(2)

Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.

(3)

Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the planning commission and to submit technical evidence.

(b)

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 article. The attached material includes the Flood Insurance Study for Carver County, Minnesota, and Incorporated Areas, dated December 21, 2018, the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016, the Carver County Flood Insurance Rate map panels numbered 27019C0113D, 27019C0114D, 27019C0118D, 27019C0119D, 27019C0207D, 27019C0226D, 27019C0227D, 27019C0229D, 27019C0231D, 27019C0232D, 27019C0233D, 27019C0234D, 27019C0237D, 27019C0241D, and 27019C0242D dated December 21, 2018, and Hennepin County Flood Insurance Rate Map panel number 27053C0410F, dated November 4, 2016 all prepared by the Federal Emergency Management Agency. These materials are on file with the city.

(c)

Flood studies performed by local Watershed Districts and Water Management Districts shall be adopted by reference as part of the city's local wastewater management plan.

(d)

Abrogation and greater restrictions: It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this article imposes greater restrictions, the provisions of this article prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.

(e)

Warning and disclaimer of liability: This article 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 article does not create liability on the part of the City of Chanhassen or its officers or employees for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder.

(f)

Severability: If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid by a court of law, the remainder of this article shall not be affected and shall remain in full force.

(Ord. No. 636, § 2, 12-10-18)