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91-004 ORD
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91-004 ORD
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12/3/2007 2:37:20 PM
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8/9/2005 4:05:47 PM
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<br />Page 3 <br /> <br />4It increases in flood elevation caused by encroachments on the <br />floodplain that result from designation of a floodway. <br /> <br />4. Interpretation. <br /> <br />A. In their interpretation and application, the <br />provisions of this Ordinance shall be held to be minimum <br />requirements and shall be liberally construed in favor of <br />the Governing Body and shall not be deemed a limitation or <br />repeal of any other powers granted by State Statutes. <br /> <br />e <br /> <br />B. The boundaries of the zoning districts shall be <br />determined by scaling distances on the Official Zoning <br />Map. Where interpretation is needed as to the exact <br />location of the boundaries of the district as shown on the <br />Official Zoning Map, as for example where there appears to <br />be a conflict between a mapped boundary and actual field <br />conditions and there is a formal appeal of the decision of <br />the Building and Zoning Administrator, the Board of <br />Adjustment shall make the necessary interpretation. All <br />decisions will be based on elevations on the regional <br />(lOO-year) flood profile and other available technical <br />data. Persons contesting the location of the district <br />boundaries shall be given a reasonable opportunity to <br />present their case to the Board and to submit technical <br />evidence. <br /> <br />5. ~broqation and Greater Restrictions. It is not <br />intended by this Ordinance to repeal, abrogate, or impair any <br />existing easements, covenants, or deed restrictions. However, <br />where this Ordinance imposes greater restrictions, the <br />provisions of this Ordinance shall control. All other <br />ordinances inconsistent with this Ordinance are hereby repealed <br />to the extent of the inconsistency only. <br /> <br />6. Warning and Disclaimer of Liability~ This Ordinance <br />does not imply that areas outside the floodplain districts or <br />land uses permitted within such districts will be free from <br />flooding or flood damages. This Ordinance shall not create <br />liability on the part of the City or any officer or employee <br />thereof for any flood damages that result from reliance on this <br />Ordinance or any administrative decision lawfully made <br />thereunder. <br /> <br />7. Severability. If any section, clause, provision, or <br />portion of this Ordinance is adjudged unconstitutional or <br />invalid by a court of competent jurisdiction, the remainder of <br />this Ordinance shall not be affected thereby. <br /> <br />e <br /> <br />8. Definitions. Unless specifically defined below, words <br />or phrases used in this Ordinance shall be interpreted so as to <br />give them the same meaning as found elsewhere in the City Code, <br />or as they have in common usage and so as to give this <br />Ordinance its most reasonable application. <br />
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