(A) This subchapter adopts the flood plain maps applicable to the city and includes three flood plain districts: Floodway, Flood Fringe, and General Flood Plain.
(1) Where Floodway and Flood Fringe districts are delineated on the flood plain maps, the standards in § 152.513(C) or (D) will apply, depending on the location of a property.
(2) Locations where Floodway and Flood Fringe districts are not delineated on the flood plain maps are considered to fall within the General Flood Plain District. Within the General Flood Plain District, the Floodway District standards in § 152.513(C) apply unless the floodway boundary is determined, according to the process outlined in § 152.513(E). Once the floodway boundary is determined, the Flood Fringe District standards in § 152.513(D) may apply outside the floodway.
(B) Lands to which subchapter applies. This subchapter applies to all lands within the jurisdiction of the city shown on the official zoning map or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Districts.
(1) The Floodway, Flood Fringe and General Flood Plain 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 subchapter. In case of a conflict, the more restrictive standards will apply.
(C) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map.
(1) Where a conflict exists between the flood plain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory flood plain, and other available technical data.
(2) 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.
(D) Abrogation and greater restrictions. It is not intended by this subchapter to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this subchapter imposes greater restrictions, the provisions of this subchapter prevail. All other ordinances inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.
(E) This subchapter does not imply that areas outside a flood hazard area will be free from flooding or flood damages. This subchapter does not create liability on the part of the city or any officer or employee for any flood damages that result from reliance on this section or any administrative decision lawfully made based on regulations in this section.
(F) Severability. If any section, clause, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of law, the remainder of this subchapter shall not be affected and shall remain in full force.
(G) Annexations. The Flood Insurance Rate Map panels adopted by reference into § 152.491 above may include flood plain areas that lie outside of the corporate boundaries of the city at the time of adoption of this subchapter. If any of these flood plain land areas are annexed into the city after the date of adoption of this subchapter, the newly annexed flood plain lands will be subject to the provisions of this subchapter immediately upon the date of annexation.
(H) Detachments. The Flood Insurance Rate Map panels adopted by reference into § 152.491 will include flood plain areas that lie inside the city at the time of adoption of this subchapter. If any of these flood plain land areas are detached from the city and come under the jurisdiction of another city after the date of adoption of this subchapter, the newly detached flood plain lands will no longer be subject to the provisions of this subchapter as of the date of detachment.
(Ord. 2000-936; Am. Ord. 2005-1033, passed 2-7-05; Am. Ord. 2016-1209, passed 10-10-16)