16-6-4-3: GENERAL PROVISIONS:
   A.   Lands To Which Unified Development Code Section 16-6-4 Apply: The provisions of Section 16-6-4 shall apply to all lands within the jurisdiction of the City of Dubuque shown on the Official Floodplain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, and General Floodplain (Overlay) Districts, as established in Section 16-6-4-5.
   B.   Establishment Of Official Floodplain Zoning Map: The Flood Insurance Rate Map (FIRM) for Dubuque County and Incorporated Areas, City of Dubuque, Panels 19061C0215F, 0217F, 0220F, 0236F, 0237F, 0238F, 0239F, 0241F, 0330F, 0332F, 0335F, 0351F, 0352F, 0354F, 0358F, 0365F, 0370F, dated August 10, 2021, and Panels 19061C0242F, 0243F, 0244F, 0356F, 0360F, dated August 19, 2013 which were prepared as part of the Flood Insurance Study for Dubuque County, is (are) hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of Section 16-6-4.
   C.   Rules For Interpretation Of District Boundaries: The boundaries of the zoning district areas shall be determined by scaling distances on the Official Floodplain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the City Planner shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the City Planner in the enforcement or administration of Section 16-6-4.
   D.   Compliance: No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of Section 16-6-4 and other applicable regulations which apply to uses within the jurisdiction of Section 16-6-4.
   E.   Abrogation And Greater Restrictions: It is not intended by Section 16-6-4 to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where Section 16-6-4 imposes greater restrictions, the provision of Section 16-6-4 shall prevail. All other ordinances inconsistent with Section 16-6-4 are hereby repealed to the extent of the inconsistency only.
   F.   Interpretation: In their interpretation and application, the provisions of Section 16-6-4 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.
   G.   Warning And Disclaimer Of Liability: The standards required by Section 16-6-4 are considered reasonable for regulatory purposes. Section 16-6-4 does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages. Section 16-6-4 shall not create liability on the part of the City of Dubuque or any officer or employee thereof for any flood damages that result from reliance on Section 16-6-4 or any administrative decision lawfully made thereunder.
   H.   Severability: If any section, clause, provision or portion of Section 16-6-4 is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of Section 16-6-4 shall not be affected thereby. (Ord. 24-21, 6-21-2021)