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DIVISION 2. GENERAL PROVISIONS Page 2 of 4 <br /> of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed <br /> to the extent of the inconsistency only. <br /> Sec. 78-1109. Warning and disclaimer of liability. <br /> This article does not imply that areas outside the flood plain districts or land uses permitted <br /> within such districts will be free from flooding or flood damages. This article shall not create liability on <br /> the part of the city or any officer or employee thereof for any flood damages that result from reliance on <br /> this article or any administrative decision lawfully made thereunder. <br /> Sec. 78-1110. Severability. <br /> If any section, clause, provision, or portion of this article is adjudged unconstitutional or invalid <br /> by a court of competent jurisdiction, the remainder of this article shall not be affected thereby. <br /> Sec. 78-1111. Definitions. <br /> Unless specifically defined below, words or phrases used in this article shall be interpreted so <br /> as to give them the same meaning as they have in common usage and so as to give this article its most <br /> reasonable application. <br /> (1) Accessory use or structure means a use or structure on the same lot with, and of <br /> a nature customarily incidental and subordinate to, the principal use or structure. <br /> (2) Basement means any area of a structure, including crawl spaces, having its floor or <br /> base subgrade (below ground level) on all four sides, regardless of the depth of <br /> excavation below ground level. <br /> (3) Conditional use means a specific type of structure or land use listed in the official <br /> control that may be allowed but only after an in-depth review procedure and with <br /> appropriate conditions or restrictions as provided in the official zoning controls or <br /> building codes and upon a finding that: <br /> a. Certain conditions as detailed in the zoning ordinance exist. <br /> b. The structure and/or land use conform to the comprehensive land use plan if <br /> one exists and are compatible with the existing neighborhood. <br /> (4) Equal degree of encroachment means a method of determining the location of <br /> floodway boundaries so that flood plain lands on both sides of a stream are capable of <br /> conveying a proportionate share of flood flows. <br /> (5) Flood means a temporary increase in the flow or stage of a stream or in the stage <br /> of a wetland or lake that results in the inundation of normally dry areas. <br /> (6) Flood frequency means the frequency for which it is expected that a specific flood <br /> stage or discharge may be equaled or exceeded. <br /> (7) Flood fringe means that portion of the flood plain outside of the floodway. Flood <br /> fringe is synonymous with the term "floodway fringe" used in the flood insurance study. <br /> (8) Flood plain means the beds proper and the areas adjoining a wetland, lake or <br /> watercourse which have been or hereafter may be covered by the regional flood. <br /> (9) Flood proofing means a combination of structural provisions, changes, or <br /> adjustments to properties and structures subject to flooding, primarily for the reduction or <br /> elimination of flood damages. <br /> http://library2.municode.com/mcc/DocView/13094/1/157/192/194 5/14/2007 <br />