APPENDIX E – FLOODPLAIN MANAGEMENTAPPENDIX E – FLOODPLAIN MANAGEMENT\18-113. Flood plain warranty, enactment.

(A)  Flood Plain District Warranty: Designation of. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside floodway or floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This article shall not create liability on the part of the city or any officer or employee thereof, for any flood damages that may result from reliance on this article or any administrative decision lawfully made thereunder.

(B)  Rules for Interpretation of District Boundaries. The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances in the official zoning map or on the Flood Insurance Rate Map or Floodway Map. The regulatory flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.

(C)  Compliance. No development located within known flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this article and other applicable regulations. The granting of a building permit for the erection, moving, altering or enlargement of any building or structure in the floodway overlay district and the floodway fringe overlay district shall not be permitted until a Flood Plain Development Permit has been granted and the conditions of this article have been met.

(D)  Interpretation.  In their interpretation and application, the provisions of this article shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

(E)   Enactment. It is not intended by this article to repeal, abrogate or impair any existent easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provision of this article shall prevail.