(A) Lands to which chapter applies. This chapter shall apply to all lands within the jurisdiction of the City of Gothenburg identified on the Flood Insurance Rate Maps (FIRM) dated May 3, 2011 as numbered and unnumbered A Zones (including AE, AO and AH Zones) and within the Zoning Districts FW and FF established in § 153.04. In all areas covered by this chapter no development shall be permitted except upon the issuance of a floodplain permit to develop, granted by the City of Gothenburg or its duly designated representative under such safeguards and restrictions as the City of Gothenburg 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 §§ 153.05, 153.06 and 153.07.
(B) The Enforcement Officer. The Zoning Administrator of the community is hereby designated as the community's duly designated Enforcement Officer under this chapter.
(C) Rules for interpretation of district boundaries. The boundaries of the Floodway and Flood Fringe Overlay Districts shall be determined by scaling distances on the official zoning map or on the Flood Insurance Rate Map or Floodway Map. Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Enforcement Officer 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 he or she so desires.
(D) Compliance. Within identified special flood hazard areas of this community, no development shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
(E) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair any existent easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(F) 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.
(G) 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 on rare occasions or the flood height may be increased by man-made 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 the City of Gothenburg 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.
(H) 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.
(I) Appeal. Where a request for a permit to develop or a variance is denied by the Zoning Administrator, the applicant may apply for such permit or variance directly to the Board of Adjustment.
(Ord. 860, passed 3-1-2011)