1. Lands to Which Chapter Applies. The provisions of this chapter shall apply to all lands within the jurisdiction of the City which are located within the boundaries of the Floodplain (Overlay) District as established in Section 160.05. The “lands within the jurisdiction of the City” shall also include all unincorporated lands subject to the zoning jurisdiction of the City pursuant to Section 414.23 of the Code of Iowa and Sheldon, Iowa Zoning Ordinance Section 3.1(5), unless such lands are (or become) subject to a County ordinance that is comparable to this chapter.
2. Establishment of Official Floodplain Zoning Map. The Flood Insurance Rate Map (FIRM) for O’Brien County and Incorporated Areas, City of Sheldon, Panels 19141C0117C, 19141C0128C, 19141C0129C, 19141C0133C, 19141C0136C, 19141C0137C, and 19141C0141C, dated December 17, 2020, which were prepared as part of the Flood Insurance Study for O’Brien County, and the Flood Insurance Rate Map (FIRM) for Sioux County and Incorporated Areas, Panel 1909060003B, dated May 1, 2011, which was prepared as part of the Flood Insurance Study for Sioux County, are hereby adopted by reference and declared to be the Official Floodplain Zoning Map. The O’Brien County and Sioux County Flood Insurance Studies are hereby adopted by reference and is made a part of this chapter for the purpose of administering floodplain management regulations.
3. Rules for Interpretation of Floodplain (Overlay) District. The boundaries of the Floodplain (Overlay) District areas shall be determined by scaling distances on the official Flood Insurance Rate Map. When an interpretation is needed as to the exact location of a boundary, the Zoning Officer 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 Zoning Administrator in the enforcement or administration of this chapter.
4. 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 this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.
5. Abrogation and Greater Restrictions. It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
6. 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.
7. Warning and Disclaimer of Liability. The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated Floodplain (Overlay) District areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
8. 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.