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Ordinance No. 0728 02-23-1981�J � � ni ORDINANCE N0. 728 AN ORDINANCE REPEALING OLD SECTION 205.157 AND ESTABLISHIPIG NEW SECTIOP! 205.157 OF THE FRIDLEY CITY CODE ENTITLED "CREEK AN� RIVER PRESERVATION DISTRICT" (FLOOD PLAIN) 205.157 0-1 �ISTRICT REGULATIONS - CREEK AND RIVER PRESERVATION D-1 DISTRICT DISTRICT REGULATIONS - 205.1571 Purpose and Intent CREEK AND RIVER The purpose of this d�strict is to PRESERVATION DISTRICT 1 2 3 Regulate and ensure orderly development of Fridley's flood plain lands. Preserve and protect the natural state of creeks and rivers in Fridley. Protect surface and ground water quality and quantity. 4. Mtnimize the losses due to period�c flood�ng and elimtnate obstructions of flood flow that would cause hazards to life and property. 205.1572 Lands Sub�ect to this Distr�ct The establ�shment of boundaries The boundartes of the Creek and River Preservation �istrtct are hereby esta5lished as shown on the off�cial Zoning Map of the C�ty of Fridley. This boundary is made up of two protection zories (CRP-1 "floodway", and CRP-2 "flood fr�nge") which contain all lands within the ,7urisd�ction of the C�ty which are sub,7ect to periodic flooding by the regional flood and wtncYi l�e below 100 year flood pain elevatton on the offic�al creek and river profile (hereinafter called the proftle) ccntained within the Flood Insurance Study for the C�ty of Fridley. The Offic�al Zoning Map together w�th all mater�als attached thereto is hereby adopted by reference and declared to be a part of this ord�nance. The attached mater�al shall include the Flood Insurance Study fior the City of Fridley prepared by the Federal Insurance Admim stration dated Septem�er 2, 1980 and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps theretn. 2. Locat�on of boundaries The elevations as shown on the Profile arid other ava�lable techn�cal data contained in the Flood Insurance Study shall be the gover m ng factor in locating creek and river protect�on boundaries. 205.1573 Definitions For the purpose of this distr�ct the follow�ng def�nitions shall apply• l. ACCESSORY BUILDING. A subordinate building or use which � is located on the same lot on which the main building or use is situated and which is reasona6ly necessary and incidental to the conduct of the primary use of such building or main use. PURPOSE AN� INTENT LANDS SUQJECT TO THIS DISTRICT DEFINITTONS R°w r� p �iil t4 Page 2-- ORDINANCE N0. 728 2. CHANNEL A natural or artificial depression of perceptible extent, with defim te beds and banks to confine and conduct, either cont�nuously or periodically, the water in respective creeks. 3. COMMISSION Means Fr�dley Planning Commission 4. COMMISSIONER Means the Commissioner of the Department of Natural Resources of the St«te of Minnesota. 5. COUNCIL: Pleans the Fridley C�ty Council. 6. CRP-1: Creek and River Protection Zone 1 synonoinous w�th the term "floodway", 7. CRP-2 Creek and River protection Zone 2 synonomous w�th the term "flood fringe". This Zone �s This Zone is 8. EQUAL DEGREE OF ENCROACHNiENT: A method of determining the locat�on of floodway boundaries so that flood platn land on both sides of a stream are capable of conveying a proporttonate share of fl000 flows. 9. FLOOD OR FLOODING. A temporary rise in flow or stage that results in the inundation of the areas ad,7acent to the channel. 10. FLOOD FRINGE: That port�on of the flood plain outs�de of the floodway. Flood fringe �s synonomous with the term "floodway fringe" used in the Flood Insurance Study for the C�ty of Fridley. 11. FLOOD PLAIN The areas ad�oining a watercourse which have been or hereafter may be covered by regional flood. 12. FLOOD PROFILE: A graph or a longitudinal plot of water surf ace elevations cf a flood event along a creek or a river. 13. FLOOD PROOFING A comb�nation of provtsions, changes or ad,7ustments to properties and structures sub,7ect to flooding primarily for the reduction or elimination of flood damage. 14. FLOODWAY The channel of the watercourse and those porttons of the ad,7o�m ng flood plains which are reasonably requ�red to carry and discharge the regtonal flood. 15. OBSTRUCTION: Any storage of mater�al or equipment, dam, wall, wharf, embankment, levee, road, dike, pile, abutment, pro,7ectton, excavation, channel rectification, culvert, bu�lding, w�re, fence, stockpile, refuse, fill, depos�t, clear�ng of trees or vegetation, structure or matter in, along, across or pro,7ecttng, in whole or in part, into any flood plain. DEFINITIONS 16. PRESERVATION DISTRICT: R�ver and Creek Preservation DEFINITIONS District. The District boundaries shall be contiguous w�th the regiona7 flood boundar�es �ndentified as a part of the Flood Insurance Study for the C�ty of Fridley. 17. PROFILE: Official Creek and River prof�le. 78. REGULATORY FLOOD PROTECTION ELEVATION: An elevation no lower than one (1) foot above the elevation of thhe regional flood plus any increase in flood elevation caused 6y encroachments on the flood plain that results from designation of a floodway. � � �� Page 3-- ORDINANCE N0. 728 19, REGIONAL FLOOD: A flaod which is representative of large floods known to have occurrred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood �s synonomous with the term "base flood" use in the Flood Insurance Study. 20. STRUCTURE: Anything that is bui1t or constructed, an edifice or butlding of any kind, or any p�ece of work � artificially built up or composed of parts ,7o�ned together in some definite manner, whether of a temporary or permanent character. 21. UNNUMBERED A-ZONE - A special flood hazard area inundated by the 100-year flood, determined by approxtmate methods, no base flood elevations are shown or flood hazard factor determ�ned by the Flood Insurance Study for the C�ty of Fridley. 205.1574 D�strict Uses, Permtts and Standards l. District Use The intent of this section is to provtde a supplementary overlay distr�ct which is made up of two protection zones. CRP-1, CRP-2, wtthin any of the existiny ortginal zoning distrtcts. Llevelapment of this d�str�ct w�ll fallaw the requirements af the origina1 zom ng district �n addition to the requ�rements of this section. 2. Permitted Uses in CRP-1 Zone (floodway) A. No structure or any portion thereof shall be � constructed or placed within protection zone CRP-1 of the Preservation �istrict. Nor shall there be any grading, ftlling or excavating of land or any land use establisned on any property within this zone with the following excepttons: (1) Any use having a low flood damage potential including recreattonal uses, parking lots, residential yards, loading areas, storage yards, water control structures and other open space uses. (2) Structures accessory to the above use may be perm�tted �f: a. b Structures are not for human habltat�on. Structures have a low flood damage potent�al. c, Structures are firmly anchored to prevent floatation. d. Accessory buildtngs are flood proofed in accordance with the State 6uilding Code. B. All structures grading, ftlling, excavating and � storage of materials permitted in this section, with the exceptton of public uses, require a Special Use Permit. C. Any removal of existtng trees over 3 inches in diameter shall require C�ty approval. �1. -I DEFINITIONS DISTRICT USES, PERMITS AND STAN�ARDS r i Page 4-- ORDINANCE N0. 728 3 4 D. No slructure (temporary or permanent), f�ll (includ�ng fill for roads and levess}, depos�t, obstructton, storage of mater�als, or equ�pment, or other uses may be allowed as a Special Use which, acting alone or in combination w�th ex�sttng or reasonably anticipated future uses, adversely affects the capac�ty of the floodway or �ncreases flood heights. Public Util�ties, Railroads, Roads, and Bridges A. Public Utilities. All publ�c utilities and fac�lities, such as gas, electrical, sewer, and water supply systems to be located tn the flood pla�n shall be flood-proofed ir� accordance wtth the State Building Code or elevated to above the Regulatory Flood Protection Elevation. B. Public Transportat�on Facilities. Railroad tracks, roads, and bridges to be located with�n the Floodway D�strict shall comply w�th the sections of this Ordinance. Elevat�on to the Regulatory Flood Protection Elevation shall 6e provided where failure or interruption of these transportation facilities would result �n danger to the public hee,lth or safety or where such facil�ties are essential to the orderly functioning of the area. M�nor or auxtliary roads or railroads may 6e constructed at a lower elevat�on where failure or interruption of transportation services would not endanger the pubiic health or safety. Perm�tted Uses �n CRP-2 Zone (flood frtnge) No building or structure or any portion thereof, shall be placed w�thin protect7on zone CRP-2 of the Preservation D�strict, unless a Spec�al Use Permit is granted. Nor shall there be any grading, fill�ng or excavating of land or any land use established on any property within the Preservation Distr�ct unless a Special Use Perm�t is granted. A Special Use Permit shall be granted within the CRP-2 zone except �n accordance with the following requlations. A. No Special Use Permit shall be authorized which would result in incompatible land uses or which would be detr�mental to the protection of surface ana ground water supp7ies. B. No Spec�al Use Permit shall be authorized for structures which wi77 ���crease the fi�nancial burdens �mposed on the commun�ty and its individuals through �ncreasing floods and overflow of water onto land areas ad,7acent to the creeks and r�vers. C. No Spec�al Use Perinit shall be issued unless the proposal is in keepinq with land use plans and plamm �g ob,7ectives for the City of Fridley and wh�ch w�ll not increase or cause danger to life or property. D. No Spec�al Use Permit shall be issued in those cases wh�ch are inconsistent with the ob�ectives and encourage land use that �s �ncompat�ble with the preservation of the natural land forms and vegetat�on. orsrRrcr USES, PERMITS STANDARDS � � � � ' Page 5-- �RDINANCE ND. 728 E. No Spectal Use Permrt shall be �ssued for any fill unless shown to have some benefictal purpose to the property and the amount thereof must not exceed that necessary to ach�eve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put, the kind of fill, and the final dimensions of the proposed fill or other� matei°ials. Such fill shall be protected against erosion by rip-rap, vegetattve cover, or bulkheading if deemed necessary. F. No Special Use Permit shall be issued for garbage or waste disposal sites or systems. G. No Special Use Permit shall be issued unless the applicant, in support of hts application, submits engineering data, s�te plans and othPr plans and information as the City may require, in order to determine the regulatory flood protection elevation in unnumbered A zones, and the effects of such development on the bed, bank, channel, floodway or flood plain in the Preservation Distr�ct. The applicant sha11 submit four copies of the application and the information. H. No Special Use Permit shall be issued unless the prcposed use or obstruction has been reviewed by all governmental bodtes having �urisdiction over such use or obstruction, tf said review is required by statutes, ordinances, rules or regulations applicable to such governmental bodies and to such use or obstruction, but in all cases the Ctty of Fridley will make the final determination. 205.1575 Additional Restrictions ln zddition to the requirements set aut in 5ection 205.1574 ofi th�s section, any Spec�al Use Permit issued for an obstruction Zn the CRP-L zone shall meet the following provts�ons: l. Structures Structures for ha6itation constructed on fill so the basement floor, or ftrst floor, �f there is no basement, is above the regulatory flood protection elevation witYi the fill at that elevation at least fifteen (15) feet be�ond the l�mits of any structure or buildirig erected thereon. Where exist mg streets or util�ties are at elevattons which make compliance with the foreqoing sentence tmpractical, or in other special circumstances, the City may authorize other techniques of elevating the first floor (including basements) above the Regulatory Flood Protection Elevatton under the Special Use Permit, that conform with the flood proofing requirements of the State Bu�lding Code. 2. Other Uses• Accessory land uses, such as accessory buildings, yards and parking lots may be at elevations lower than the regulatory flood protection elevation �f a Spec�al Use Permit is first granted pursuant to thts district. Accessory structures must comply wtth section 205.1574 2A (2) (a-d) of thls dlstrict. � 3. Storage: Any storage or processing uf materials that �n t�ine of flooding may be buoyant, flammable, explosive or could be iri�urious to human, am mal or plant life, is prohibited. SPECIAL USE PERMITS ADDITIONAL RESTRICTIQNS F�I�� Paye 6-- OR�TNANCE N0. 728 , 4. Non-Res�dential Structures: Commercial, manufacturing, and �ndustrial structures shall ordinarily be elevated on fill so that the�r ftrst f]oor (Including basement) is above the Regu7atory Flood Protection Elevatton but may in special c�rcumstances be flood proofed 7n accordance with the State Euilding Code. Structures that are not elevated above the Regulatory Flood Protectton Elevation shall be flood proofed to FP-1 or FP-2 classif�cation as defined by the State Bu�ld mg Code. Structures flood proofed to FA-3 or FP-4 class�fication shall not be perm�tted. 5. Res�dent�al Uses, Residences that do not have vehicular access at or above an elevation not more than two feet 6elow the Regulatory Flood Protection Elevation shall not be permitted unless granted a variance by the Ctty. In granting a variance, the C�ty shall specify limitations on the per�iod of use or occupancy of the residence. 6. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the Employees or tiie general public shall not be qranted in the absence of a flood warn�ng system tYiat provtdes adequate time for evacuat�on �f the area would �nur�date to a depth greater than two feet or 6e sub�ect to flood velocities greater than four feet per second upon oc,currence of the regional flood. 7. Manufactur�ng and Industr�al Uses. Measures shall be taken to min�m�ze �nterference w�th normal plant operations espec�ally along streams or rivers having protracted flood durations, Certain accessory land uses such as yards and parking lots may be at lower elevations sub�ect to requirements set out tn subdivision 6 above. In considering permit appltcations, due consideraCion shali be given to needs of an industry whose business requires that it be located in flood platn areas. 205.1576 Adm�nistration l. The City shall admim ster and enforce these distrtct regulat�ons and shall maintain a recora of the elevation of the first floor (including basement ) of all new structures or addit�ons to existing structures �ri the flood plain distr�cts. The C�ty shall also maintain a record of the elevations to which structures or additions to structures are flood proofed. 2. Special Use Pernnt A Spec�al Use Fermit shall be appl�ed for and obtained prior to the construction, erect�on, addit�on or alteration of any obstruction wholly, or partly �n the Preservation District. 3. Application for Permit: A. Appl�cation for Special �se Permits under this district shall be made by the owner or owners of the land on forms furnished by the C�ty� and shall be accompanied initia7ly by the information, data, and plans as is deemed necessary by the City for determinina compl�ance with th�s distr�ct, and for deter�min�ng tiie effects of the proposed act�v�ty �n the Preservation Distr�ct and the buildabtlity of the particular site for the proposed �inprovement, use or obstruction. The applicant shall submit four (4) of the applicat�on and information, B. The City Council may attach such condit�ons to the grant�ng of the Spec�al Use permit as it deems necessary to fulfill the purposes of th�s Ordinance. Such cond�tions may include but are not ltmited to, the follow�ng: ADDITIONAL RESTRICTIONS ADMINIS7RATION � � � � Page 7 -- ORDINANCE 728 (1) Modification of waste disposal and water supply fac�l�t�es. (2} Limitations on period of use, occupancy, and operat�on. (3) Imposition of ooerattonal controls, sureties, and deed restrict�ons. (4) Requirements for construction of channel modifiCations, d�kes, levees, and other protective measures. (5) Flood proofing measures, in accordance with the State Building Code. The applicant shall submit a plan or document certif�ed Uy a registered professional engineer or registered archttect that the flood proofing measures are consistent with the Regulatory Flood Protect�on Elevat�on and associated flood factors for the particular area. 205.1577 C. Plans (surface view) �ncluding a survey by a Minnesota regtstered land surveyor, showing elevations or contours of the ground, pertinent obstruction elevations, s�ze, location, and special arrangement of all proposed and existing obstructions on the site, in relation to existing and proposed obstructions to the channel location, location and elevation of streets, water supply and sam tary facilities, photographs showing existing land uses and vegetation upstream and downstream, and so�l types. � D. Specif�cations for building construction and material, flood-proofing, f�ll�ng, dredging, grading, channel improvement, storage of mater�als, water supply (including withdrawal and discharge of ground and surface water) and sanitary facilities. r �_ . 4. Issuance of Permit• The City shall issue the Special Use Permit upon approval of the applicaticn by the C�ty Counc�l. The appl�cant shall be required to submit certificat�on by a registered professional engtneer, registered architect, or registered lana surveyor that the fim shed fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be cert�fed by a registered professional engtneer or reg�stered architect. 5. Applicat�on for Variance: Applicat�on for var�ance under this district shall be made by the owner or owners of the land on forms furntshed by the C�ty. Uariarices to the Creek and Rtver Preservation District must only be for reasons of exceptional c�rcumstances when the strtct enforcement of these regulations would cause undue hardship and strict conformity with the standards would be unreasonable, impractical and not feasible under the clrcumstances. Var�ances yranted under this Distrtct must be consistent with the general purpose of these standards. Althouqh variances may be used to mod�fy permissible methods of flood protection, no variance shall provide for a lesser degree of flood protection than stated �n this district. The applicant shall submit four (4) cop�es of the application and information. � d _ ADMINISTRATION ADMINISTRATION . � � Page 8 -- ORDINRNCE 728 ?_05.1577 Powers, Dut�es, and Techm cal Assistance l. Powers and Duties The C�ty shall hear all requests for Special Use Permits and Var�ances under th�s distr�ct. Requests for SpeCial Use Perm�ts and Var�ances shall be sub�ect to Sections 205.053 and 6.141 respect�vely, of the C�ty Code. The Ctty shall submit to the Commiss�oner a copy of any application for a Special Use Permit or Var�ance where a hearing is to 6e held to cansider such applicatton. The Commtssioner shall recelve at least (10) days notice of the hear�ng. Such nottce shall spec�fy the t�me, place and sub,7ect matter of the hearing and shall be accompanied by such supporting �nformat�on as is necessary to tndicate the nature and effect of the proposed use. A copy of all decisions granting a Special Use Perrm t or Variance to the provisions of the Creek and River Preservation D�strict shall be forwarded to the Commissioner w�thin ten (10) days of such action. 2. Techn�cal Assistance The C�ty may transmit the mformation received by it to the appropriate Watershed District or the Commissioner for techn�cal assistance to eva7uate the proposed pro,7ect in relat�on to flood heights and velocit�es, for determination of the regulatory flood protect�on elevation wiYhin unnumbered A zones, and to determine seriousness of flood damage to the use, the atlequacy of the plans for protectton, compltance with all sections Sections 205.3104, 205.3105, and 205.3106 of this distr�ct and compliance with Statewide Standards and Criteria for Management of Flood Plain Areas of Minnesota (Minnesota Regulations NR 85-93), and other techn�cal matters. 205.1578 Existing Non-Conforming Uses An obstruction or structure, or the use of a structure or premises, which was lawful before adoption of this ord�nance, but which is not in conformity with the provtsions of this district, may be continued, sub�ect to the following conditions l. No such use shall be expanded, changed, enlarged, or altered in a way wh�ch �ncreases its nonconformity. 2. No structural alteration or addition to any nonconforming structure over the life of the structure shal7 exceed 50 percent of its assessed value at the time ofi �ts becoming a nonconforminq use, unless the entire structure is permanently changed te a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. 3. Any alteration or addition to a nonconforming use which would result �n substantially increas mg the flood damage potent�al of that use shall be flood proofed in accordance with the State Bu�lding Code. 4. If such use of such obstruction or structure, or the use of such premises is discontinued for twelve consecuttve months, any subsequent use of the obsCruct�on, structure, or premtses shall comply, �n all respects, with the provisions of this district, includ�ng, but not lim�ted to, the obtatm ng of all required permits and variances. 5. If any non-confornnnq obstruction or structure is destroyed or damaged by any means, including floods, to the extent that the cost of repa�rrng or restoring such destruction or damage would be 5p percent or more of its assessed value, then it shall not be reconstructed except in fuli compliance, �n all respects, with the provtsions of this distr�ct, includ�ng, but not limited to, the obtaining of all requ�red per�nits and var-iances. POWERS AND DUTIES AND TECHNICAL ASSISTANCE EXISTING NOM- CONFORMING USES � � � � � � Page 9-- ORDINANCE N0. 728 6. The preservation district regulat�ons shall in no way prohib�t routine maintenance of existing properties. Routine maintenance is considered to 4e the work property owners could do prev�ous to the adoption o' this district without first obtaining a building permit. 205.1579 Subaivtsians 1. No land shall be subdivided which is held unsuitable by the City of Frtdley for reason of flooding, �nadequate dratnage, water supply or sewage treatment facilities. 2. All lots within the flood plain d�stricts shall contain a buildtng site at or above the Regulatory Flood Protect�on Elevation. 3. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Ordtnance and have road access both to the subdivision and to the �nd}v�dual butld�ng sites no lower than two feet below the Regulatory Flood Protection Elevation. 4. In the General Flood Pla�n District, applicants shall provide the information requ�red in Sectton 205.1576 ofi th�s Ordinance. The Ctty shall evaluate the subd�v�sion in accordance with procedures established in Section 205.1576 and 205.1577 of this Ordinance. 2D5.1580. Mobile Homes and Mobile Home Parks l. New mobile home parks and expansions to exist�ng mobile heme parks shall be sub�ect to the provisions placed on sub- divisions by Section 205.1579 of this Ordtnance. 2. Mobile homes in existing mobile home parks that are located in flood plain districts are nonconforming uses and may 6e replaced only if in compl�ance with the following condtt�ons: A. The mobile home ltes in the Flood Fringe District. Q. The mobile home is anchored with tiedowns that comply w�th requirements of Minnesota Regulations Mobile Hame 450. C. The mobile home owner or renter ts not�f�ed that the mobile home stte lies in the flood pla�n and may be sub,7ect to flooding. �. The mobile home park owner develops a flood emergency plan consistent with the time available after a flood warm ng. The plan shall be ftled w�th and approved by the City. 3. Individual mobile homes not located in mob�le home parks may be permitted if allowed by other applicable ordinances and if they comply with the provisions of Section 205.1574, 4G of this Ordinance. 205.1581. Public Nu�sance• Penalty 1. Any person who violates any provisions of this district, or fails to comply with any of �ts terms or requirements shall be guilty of a misdemeanor punishable by a fine of not more than $30� or impr�soned for not more than 90 days, or both, and in addttion shall pay all costs of prosecution and expenses �nvolved in the case. Each day such v�olation continues shall be considered a separate offense. 205.1580 SUBDIUrSIOP�S MOBILE HOMES AND MOBILE HOME PARKS PUBLIC IVUISANCE• PENALTY �"P �„ Ip ,� J Page 10 -- ORDTNANCE N0. 728 2. Every obstruction or use placed or maintained in the Preservat7on D�str�ct in v�olation of this ordinance is hereby declared to be a public nuisance and creat 'an thereof may be en,7oined and the ma�ntenance thereof abated by appropi°iate ,7ud�c�al action. 3. Nothing herein contained shall prevent the C�ty from taking such other lawful action as is necessary to prevent, remedy or remove any v�olation. 205.15f32 Amendments l. The Preservation District elevations on the Proftle may be changed by amendment to this d�strict, and such change, when made, shall be shown on the Profile. If future conditions make it necessary to re-evaluate the district boundaries because of increased flooding potential whtch would affect the health, safety and general welfare of the citizens, the elevation will be corrected by the Counci1 by amendment to this d�strict. 2. All amendments shall Watershed D�strtcts and approved 6y the Com- be submitted to the appropriate the Commissioner, and shall 6e missioner pricr to adoption by the Council. 205.1583 Interpretation In interprettng and applying the provisions of this district, they shall be held to be the minimum requirements for the promotion of the public health, safety, and aeneral welfare. It is not the intention of this Preservation District to interfere with, abrogate or annul any covenant or other agreement between parties, nor the provisions of any ordinanCe of the City; provided, however, where this Preservation District imposes a greater restriction upon the use or improvement of any premtses than those imposed or required 6y other statutes, ordinances, rules, regulations or permits of the C�ty, State, or appropriate Watershed District, or by covenants or agreements, the provisions of this Preservation District shall govern. 205.1584 Partial Invalidity If any section, subsection, paragraph, sentence, clause or phrase of th�s Preservation D�strict is, for any reason, held to be invalid or unenforceable, as to any person or circumstance, the application of such section, subsection, paragraph, sentence, clause or phrase to persons or circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions thereof, in all cther respects, shall rema�n valtd and enforceable. 205.1585 Warn�ng and ��scla�mer of I_iability This ordinance does not imply that areas outside the Preserva- tion District or 1and uses or obstructiens perm�tted within the Preservation Distr�ct will �e free from flooding or flood damages. This Preservation Distr�ct shall not create liability on the part of the C�ty of any offic�al of employee thereof, for any flood damages that result from reltance on this ordinance or any City action taken or adminl5tration or Council decision lawfully made hereunder. 205.1583 AMEN�MENTS INTERPRETATIO�� PARTIAL INVALIDITY WARNING AND DIS- CLAIMER OF LIABILITY � � � � 'L� � � Page 11 -- ORDINANCE 728 2U5.1586 This ordinance shall be effective immediately upon its passage and publ�catton. - ; ,, _� � PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITV OF FRIDLEY TNIS 23RD DAY OF FEBRUARY, 1981. ATTEST: C��- -� �Cr �' �'"'�""�� CITY CLE - SIDNEY C. INMAN Publtc Hear7ng First Reading Second Reading: Publish. . , .. ���� � �� MAYOR - WILLIAM J. f February 9, 1981 February 9, 1981 Fe6ruary 23, 981 March 4, 98