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Chapter 909 Floodplain Overlay District General Provisions <br />Page 909-2 <br />and 27123C0043G, all dated June 4, 2010 and prepared by the Federal Emergency <br />Management Agency. The Official Zoning Map shall be on file in the Office of the City <br />Clerk and the Zoning Administrator. <br />C. Regulatory Flood Protection Elevation. The regulatory flood protection elevation shall be <br />an elevation no lower than one foot above the elevation of the regional flood plus any <br />increases in flood elevation caused by encroachments on the flood plain that result from <br />designation of a floodway. <br />D. Interpretation. <br />1. In their interpretation and application, the provisions of this Ordinance shall be held to <br />be minimum requirements and shall be liberally construed in favor of the Governing <br />Body and shall not be deemed a limitation or repeal of any other powers granted by <br />state statutes. <br />2. The boundaries of the zoning districts shall be determined by scaling distances on the <br />Official Zoning Map. Where interpretation is needed as to the exact location of the <br />boundaries of the district as shown on the Official Zoning Map, as for example where <br />there appears to be a conflict between a mapped boundary and actual field conditions <br />and there is a formal appeal of the decision of the Zoning Administrator, the Board of <br />Adjustment shall make the necessary interpretation. All decisions will be based on <br />elevations on the regional (100-year) flood profile, the ground elevations that existed <br />on the site at the time the Community adopted its initial floodplain ordinance or on the <br />date of the first National Flood Insurance Program map showing the area within the <br />100-year floodplain if earlier, and other available technical data. Persons contesting <br />the location of the district boundaries shall be given a reasonable opportunity to present <br />their case to the Board of Adjustment and to submit technical evidence. <br />E. Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, <br />abrogate, or impair any existing easements, covenants, or deed restrictions. However, <br />where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall <br />prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the <br />extent of the inconsistency only. <br />F. Warning and Disclaimer of Liability. This Ordinance does not imply that areas outside the <br />flood plain districts or land uses permitted within such districts will be free from flooding <br />or flood damages. This Ordinance shall not create liability on the part of the City of Little <br />Canada or any officer or employee thereof for any flood damages that result from reliance <br />on this Ordinance or any administrative decision lawfully made thereunder. <br />G. Severability. If any section, clause, provision, or portion of this Ordinance is adjudged <br />unconstitutional or invalid by a court of competent jurisdiction, the remainder of this <br />Ordinance shall not be affected thereby. <br />H. Definitions. Unless specifically defined below, words or phrases used in this Ordinance <br />shall be interpreted so as to give them the same meaning as they have in common usage and <br />so as to give this Ordinance its most reasonable application. <br />1. Accessory Use or Structure - 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 <br />base subgrade (below ground level) on all four sides, regardless of the depth of <br />excavation below ground level.