(a) Purpose. Certain areas of the City are subject to periodic inundation which could result in the loss of life and property, the creation of health and safety hazards, the disruption of commerce and government services, and the extraordinary and unnecessary expenditure of public funds for flood protection and relief. The FP Flood Plain Overlay District is established to protect the community's natural flood storage capacity by regulating the use and development of flood plains, and to notify potential buyers that property is in an area of special flood hazard.
(b) Boundaries. The FP Flood Plain Overlay District shall consist of the low area adjacent to rivers, streams, and watercourses within the City of Troy as designated on the official zoning map; and all areas of special flood hazard established by Section 1125 of the Codified Ordinances of the City of Troy. When a property may be partially within and partially out of the apparent boundary of the FP Flood Plain Overlay District, the Flood Plain Administrator shall interpret the location of the boundary and determine the extent to which these regulations shall apply, in accordance with the provisions of said Section 1125.
(c) Compliance with the Flood Damage Reduction Ordinance. All construction, development, remodeling, change of use, and change of grade of properties in the FP Flood Plain Overlay District shall comply with the standards of Section 1125 of the Codified Ordinances of the City of Troy, as currently enacted and as may be hereafter amended.
(d) Abrogation and Greater Restrictions. These requirements of the FP Flood Plain Overlay District are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Zoning Code and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. If a provision herein is found to be in conflict with Federal or State law, such Federal or State law or regulations shall take precedence over these provisions.
(e) Effect on Other Zoning Districts. The FP Flood Plain Overlay District provides requirements in addition to those of underlying residential zoning districts, non-residential zoning districts, and other zoning districts. The regulations of the underlying zoning district and of any other overlay zoning district shall remain in full effect, except that where provisions conflict, the more stringent restriction shall prevail.
(f) Interpretation. In the interpretation and application of the requirements of the FP Flood Plain Overlay District all provisions shall be considered as minimum requirements and shall be liberally construed in favor of the governing body. They shall not create any entitlements or be considered permissive.
(g) Warning and Disclaimer of Liability. The restrictions for the FP Flood Plain Overlay District are considered reasonable for regulatory purposes, based on scientific and engineering considerations. Unusual flooding or larger floods can and will occur. The boundaries of the FP Flood Plain Overlay District shall not be taken to imply that other lands will be free from flooding or flood damages. These provisions shall not create liability on the part of the City of Troy, any officer or employee thereof, for any flood damages that result from reliance on the Zoning Map or this Zoning Code or any administrative decision lawfully made thereunder.
(h) Duties and Responsibilities of the Zoning Administrator. No Zoning Certificate, Occupancy Certificate, Sign Permit, or any other approval provided for in this Zoning Code shall be issued for any project within the FP Flood Plain Overlay District unless approval has first been obtained by the applicant from the Flood Plain Administrator, in accordance with Section 1125 of the Codified Ordinances of the City of Troy.