(A) Lands to which chapter applies. This chapter shall apply to all lands within the jurisdictions of the city identified on the Flood Insurance Rate Map (FIRM) panels 3114C0310E, 3114C03020E, 3114C0330E, 3114C0335E, 3114C0340 and 3114C0345E dated April 19, 2010, as Zones A, A1-30, AE, AO or AH and within the Zoning Districts FW and FF established in §§ 151.020 through 151.030. In all areas covered by this chapter, no development shall be allowed except upon the issuance of a floodplain development permit to develop, granted by the Floodplain Administrator or the governing body under such safeguards and restrictions as the City Council or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community and where specifically noted in §§ 151.045 through 151.052, 151.065 through 151.074, 151.085 through 151.093, 151.105 through 151.108, 151.120 through 151.123, 151.135 through 151.142, and 151.155 through 151.159.
(B) Rules for interpretation of district boundaries. The boundaries of the floodway and the flood fringe overlay districts shall be determined by scaling distances on the official zoning map of the effective Flood Insurance Rate Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the zoning or other community map, the Floodplain Administrator shall make the necessary interpretation. In such cases where the interpretation is contested, the Board of Adjustment will resolve the dispute. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the Board of Adjustment and to submit his or her own technical evidence, if so desired.
(C) Compliance. Within identified floodplains of the community, no development shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(D) Abrogation and greater restrictions. This chapter does not intend to repeal, abrogate or impair any existent easements, covenants or deed restrictions. However, where this chapter imposes greater restrictions, the more restrictive provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(E) Interpretation. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(F) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside floodway and flood fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This chapter shall not create liability on the part of city or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
(G) Severability. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999