07-18-2016 Planning Commission Packet

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. 27053C0144F 27053CO292F 27053C0304F 27053C0311F 27053C0165F 27053C0301F 27053C0306F 27053C0312F 27053CO284F 27053C0302F 27053C0307F 27053C0316F 27053CO285F 27053C0303F 27053C0308F 1 2 2.4 Regulatory Flood Protection Elevation: The regulatory flood protection elevation(RFPE) is an elevation no lower 3 than one foot above the elevation of the regional flood plus any increases in fiood elevation caused by 4 encroachments on the floodplain that result from designation of a floodway. 5 2.5 Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance 6 Rate Map. 7 2.51 Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field 8 conditions,the flood elevations shall be the governing factor.The City Administrator must interpret the 9 boundary location based on the ground elevations that existed on the site on the date of the first National 10 Flood Insurance Program map showing the area within the regulatory floodplain,and other available 11 technical data. 12 2.52 Persons contesting the location of the district boundaries will be given a reasonable opportunity to present 13 their appeal to the Planning Commission and to submit technical evidence. 14 2.6 Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal,abrogate, or impair any 15 existing easements,covenants,or other private agreements. However,where this ordinance imposes greater 16 restrictions,the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are 17 hereby repealed to the extent of the inconsistency only. 18 2.7 Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or 19 land uses permitted within such districts wiil be free from flooding or flood damages.This ordinance does not 20 create liability on the part of the City of Orono or its officers or employees for any flood damages that result from 21 reliance on this ordinance or any administrative decision lawfully made hereunder. 22 2.8 Severability: If any section,clause, provision,or portion of this ordinance is adjudged unconstitutional or invalid 23 by a court of law,the remainder of this ordinance shall not be affected and shall remain in full force. 24 2.9 Definitions: Unless specifically defined below,words or phrases used in this ordinance must be interpreted 25 according to common usage and so as to give this ordinance its most reasonable application. 26 Accessory Use or Structure—a use or structure on the same lot with,and of a nature customarily incidental and 27 subordinate to,the principal use or structure. 28 Base Flood Elevation—The elevation of the"regional flood."The term"base flood elevation" is used in the flood 29 insurance survey. 30 Basement—any area of a structure, including crawl spaces, having its floor or base subgrade(below ground level) 31 on all four sides, regardless of the depth of excavation below ground level. 32 Conditional Use—a specific type of structure or land use listed in the official control that may be allowed but only 33 after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning 34 controls or building codes and upon a finding that: 35 (a) Certain conditions as detailed in the zoning ordinance exist. 36 (b) The structure and/or land use conform to the comprehensive land use plan if one exists and are 37 compatible with the existing neighborhood. 38 Critical Facilities—facilities necessary to a community's public health and safety,those that store or produce highly 39 volatile,toxic or water-reactive materials,and those that house occupants that may be insufficiently mobile to 40 avoid loss of life or injury. Examples of critical facilities include hospitals,correctional facilities,schools,daycare Flood Plain Ordinance Page 2