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DIVISION 2. GENERAL PROVISIONS Page 1 of 4 <br /> DIVISION 2. GENERAL PROVISIONS <br /> Sec. 78-1104. Lands to which article applies. <br /> This article shall apply to all lands within the jurisdiction of the city shown on the official <br /> floodplain overlay district map and/or the attachments thereto as being located within the boundaries of <br /> the floodway, flood fringe, or general flood plain districts. <br /> Sec. 78-1105. Establishment of official floodplain overlay district map. <br /> The official floodplain overlay district map together with all materials attached thereto is hereby <br /> adopted by reference and declared to be a part of this article. The attached material shall include the <br /> Flood Insurance Study, Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota. All jurisdictions <br /> and the flood insurance rate map panels numbered 27053C0144E, 27053C0165E, 27053CO284E, <br /> 27053CO285E, 27053CO292E, 27053C0301E, 27053C0302E, 27053C0303, 27053C0304E, <br /> 27053C0306E, 27053C0307E, 27053C0308E, 27053C0311E, 27053C0312E, 27053C0312E, <br /> 27053C0316E for the city, dated September 2, 2004, as developed by the Federal Emergency <br /> Management Agency. The official floodplain overlay district map shall be on file in the office of the <br /> planning director. <br /> Sec. 78-1106. Regulatory flood protection elevation. <br /> The regulatory flood protection elevation shall be an elevation no lower than one foot above the <br /> elevation of the regional flood plus any increases in flood elevation caused by encroachments on the <br /> flood plain that result from designation of a floodway. <br /> Sec. 78-1107. Interpretation. <br /> (a) In their interpretation and application, the provisions of this article shall be held to be <br /> minimum requirements and shall be liberally construed in favor of the city council and shall not <br /> be deemed a limitation or repeal of any other powers granted by state statutes. <br /> (b) The boundaries of the zoning districts shall be determined by scaling distances on the <br /> official floodplain overlay district map. Where interpretation is needed as to the exact location of <br /> the boundaries of the district as shown on the official floodplain overlay district map, as for <br /> example where there appears to be a conflict between a mapped boundary and actual field <br /> conditions and there is a formal appeal of the decision of the planning director, the city council <br /> shall make the necessary interpretation.All decisions will be based on elevations on the regional <br /> (100-year) flood profile, the ground elevations that existed on the site at the time the community <br /> adopted its initial floodplain ordinance, and other available technical data. Persons contesting <br /> the location of the district boundaries shall be given a reasonable opportunity to present their <br /> case to the city council and to submit technical evidence. <br /> Sec. 78-1108. Abrogation and greater restrictions. <br /> It is not intended by this article to repeal, abrogate, or impair any existing easements, <br /> covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions <br /> http://library2.municode.com/mcc/DocView/13094/1/157/192/194 5/14/2007 <br />