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08-16-2004 Planning Packet
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08-16-2004 Planning Packet
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Orono. dated September 2.2004, is de\*eIoped by the Federal Emergency Management Agency. The <br />OfTicul Floodplain Overlay District Map shall be on file in the office of the Planning Director. <br />Sec. 7S-1I06 Regalalory Flood Protection Elevation <br />The regulatory fiood protection elesiiion shall be an elevation no lower than one foot abos-e the <br />elevauon of the regio^ flood plus any inacases in flood elevation caused by encroachments on the flood <br />plain that result from designation of a floodway <br />Sec. 7S-1107 Interpretation <br />(a) in their interpreution and application, the provnsions of this Ordinance shall be held to be <br />m.nimum requirements and shall be liberally construed in favor of the City Council and shall not be deemed a <br />limitation or repeal of any other pow ers granted by state statutes <br />(b) The boundaries of the zoning distnets shall be determined by scaling distances on the Official <br />Floodplain Overlay District Map Where interpretation is needed as to the exact location of the boundaries of <br />the district as shown on the Official Flotxlplatn Overlay District Map. as for example where there appears to <br />be a conflict betw een a mapped boundary and actual field conditions and there is a formal appeal of the <br />decision of the Planning Director, ihe City Council shall make the necessary intcrprctauon. All decisions will <br />be based on elevations on the regional (lOO-xear) flood profile, the ground elevations that existed on the site <br />at the time the Community adopted its ir.'tial floodplain ordinance, and oihcr available technical data. <br />Persons contesting the location of the district boundaries shall be given a reasonable opportunit) to present <br />their case to the City Council and to submit technical evidence <br />Sec. 7S-110S Abrogation and Greater Restrictions <br />It IS not intended by this Ordinance lo tcpcal. abiogate. or impair any existing easements, covenants, <br />or deed restrictions. Howcv ’cr. where this Ordinance imposes greater restrictions, the provisions of this <br />Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the <br />extent of the inconsistency only <br />See. 78-1109 \% arKing and Disclaimer of Llabiliix <br />This Ordinance does not imply that areas outside the flood plain districts or land uses permuted <br />within such districts will be free from flooding or flood damages. This Ordinance shall not create liability on <br />the part of the City of Orono or any officer or employee thereof for any flood damages that result from <br />reliance on this Ordinance or any administrative decision lawfully made thereunder <br />Sec. 78-1110 Sexerabiliiy <br />If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid <br />by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. <br />See. 78-1111 Dcfiallions <br />(a) Unless specifically defined below, words or phrases used in this Ordinance shall be <br />interpreted so as to give them the same meaning as they have in common usage and so as to give this <br />Ordinance its most reasonable application. <br />(1) Accessory Use or Structure • a use or structure on the same lot w iih. and of a nature <br />customarily incidental and subordinate to. the principal use or structure. <br />J Dut'ui ’l Map. lJI/2004 rtntiot
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