Agenda - Environmental Policy Board - 09/21/2015

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district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions and there is a formal appeal of the decision of the zoning administrator, the board of adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence. (e) Abrogation and greater restrictions. It is not intended by this subdivision to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this subdivision imposes greater restrictions, the provisions of this subdivision shall prevail. Warning and disclaimer of liability. This subdivision 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 subdivision shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this subdivision or any administrative decision lawfully made thereunder. (f) (Code 1978, § 9.22.02; Ord. No. 79-13, 10-29-1979; Ord. No. 84-06, 9-29-1984; Ord. No. 86-2, 8-25-1986; Ord. No. 87-01, 10-17-1988; Ord. No. 92-07, 7-13-1992; Ord. No. 09-02, § 1, 2-24- 2009) Sec. 117-182. - Establishment of flood zone districts. (a) Districts. (1) Floodway district. The floodway district shall include those areas designated as floodway on the flood boundary and floodway map adopted in section 117-181. (2) Flood fringe district. The flood fringe district shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in section 117-181. General floodplain district. The general floodplain district shall include those areas designated as unnumbered A zones on the flood insurance rate map adopted in section 117-181. (b) Compliance. No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this subdivision and other applicable regulations that apply to uses within the jurisdiction of this Code. Within the floodway, flood fringe and general floodplain districts, all uses not listed as permitted uses or conditional uses in sections 117-183, 117-184 and 117-185 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: (1) New manufactured homes, replacement manufactured homes and certain travel trailers and travel vehicles are subject to the general provisions of this Code and specifically section 117-187; (2) Modifications, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this Code and specifically section 117-189; and As -built elevations for elevated or floodproofed structures must be certified by ground surveys and floodproofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this Code and specifically as stated in section 117-188. (3) (3) (Code 1978, § 9.22.03; Ord. No. 79-13, 10-29-1979; Ord. No. 86-2, 8-25-1986; Ord. No. 92-07, 7-13-1992) Sec. 117-183. - Floodway District (FW). Page 2