08-23-2004 Council Packet - Laserfiche WebLink

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Sec. 78*1104. Compliance. No structure or land shall be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations which apply to uses within the jurisdiction of this article. (Code 1984, § 10.55(17)(B)) Sec. 78-1105. Interpretation. In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other powers granted by state statutes. The boundaries of the floodplain districts shall be determined by scaling distances on the official maps. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official maps, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the city engineer shall make the necessary interpretation based on elevations on the regional (100-year) flood profile. The person contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the city and to submit tecluiical evidence if he so desires. (Code 1984, § 10.55(28)) Sec. 78-1106. Abrogation and greater restrictions. It is not intended by this article to repeal, abrogate or impair any existing ordinance, regulation, easement, covenant or deed restriction. However, where this article imposes greater restrictions, the provisions of this article shall prevail. (Code 1984, § 10.55(29)) Sec. 78-1107. Warning and disclaimer of liability. This article does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This article shall not create liability on the part of tlie city or any officer or employee of the city for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Code 1984, § 10.55(30)) See. 78-1108. Definition and establishment of protected areas. The floodplain and wetlands conservation area, hereinafter referred to as the protected area, is defined and established to be the low areas and floodplain adjoining and including any watercourse or drainage way or body of water subject to periodic flooding or overflow. These areas are divided into the following three protected area districts: (1) Floodway district (FW). The floodway district shall include those areas