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(a) In their interpretation and application, the provisions of this article shall be held to be minimum <br /> requirements arid shall be liberally construed in favor of the city council and shall not be deemed a <br /> limitation or repeal of any other powers granted by state statutes. <br /> (b) The boundaries of the zoning districts shall be determined by scaling distances on the official floodplain <br /> overlay district map. Where interpretation is needed as to the exact location of the boundaries of the <br /> district as shown on the official floodplain overlay district map, as for example where there appears to <br /> be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of <br /> the decision of the planning director, the city council shall make the necessary interpretation. All <br /> decisions will be based on elevations on the regional (100-year) flood profile, the ground elevations <br /> that existed on the site at the time the community adopted its initial floodplain ordinance, and other <br /> available technical data. Persons contesting the location of the district boundaries shall be given a <br /> reasonable opportunity to present their case to the city council and to submit technical evidence. <br /> Sec. 78-1108.-Abrogation and greater restrictions. <br /> It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or <br /> deed restrictions. However,where this article imposes greater restrictions,the provisions of this article shall <br /> prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the <br /> 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 fand uses permitted within such <br /> districts will be free from flooding or flood damages. This article shall not create liability on the part of the <br /> city or any officer or employee thereof for any flood damages that result from reliance on this article or any <br /> 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 by a <br /> 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 as to <br /> 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 a nature <br /> 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 base <br /> subgrade (below ground level) on all four sides, regardless of the depth of excavation below <br /> ground level. <br /> (3) Conditiona/use means a specific type of structure or land use listed in the official control that may <br /> be allowed but only after an in-depth review procedure and with appropriate conditions or <br /> restrictions as provided in the official zoning controls or 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 one exists and <br /> are compatible with the existing neighborhood. <br /> (4) Equal degree of encroachment means a method of determining the location of floodway <br /> boundaries so that flood plain lands on both sides of a stream are capable of conveying a <br /> proportionate share of flood flows. <br /> (5) Flood means a temporary increase in the flow or stage of a stream or in the stage of a wetland or <br /> lake that results in the inundation of normally dry areas. <br /> Page 2 <br />