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(b) Persons contesting the location of the district boundaries will be given a reasonable opportunity to <br />present their case to the Board of Adjustment and to submit their own technical evidence. <br /> (6) Abrogation and greater restrictions. It is not intended by this chapter to repeal, abrogate or impair <br />any existing easements, covenants, deed restrictions, or other private agreements. However, where this <br />chapter imposes greater restrictions, the provisions of this chapter shall prevail. All other ordinances <br />inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. <br /> (7) Warning and disclaimer of liability. This chapter does not imply that areas outside of the floodplain <br />districts or land uses permitted within such districts will be free from flooding or flood damages. The <br />chapter does not create liability on the part of the city or its officers or employees for any flood damage that <br />may result from reliance on this chapter or any administrative decision lawfully made under it. <br /> (8) Annexations. The flood insurance rate map panels adopted by reference into § 1103.02(3) above may <br />include floodplain areas that lie outside of the corporate boundaries of the city at the time of adoption of <br />this chapter. If any of these floodplain land areas are annexed into the city after the date of adoption of this <br />chapter, the newly annexed floodplain lands will be subject to the provisions of this chapter immediately <br />upon the date of annexation. <br />(Ord. 10-15, passed 11-23-2015) <br />§ 1103.03 DEFINITIONS. <br /> Unless specifically defined below, words or phrases used in this chapter must be interpreted according to <br />common usage and so as to give this chapter its most reasonable application. <br /> 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 /> BASE FLOOD ELEVATION. The elevation of the regional flood. The term BASE FLOOD <br />ELEVATION is used in the flood insurance study. <br /> BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below <br />ground level) on all four sides, regardless of the depth of excavation below ground level. <br /> CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be <br />allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as <br />provided in the official zoning controls or building codes and upon finding that: <br /> (a) Certain conditions as detailed in the zoning ordinance exist; and <br /> (b) The structure and/or land use conform to the comprehensive land use plan, if one exists, and are <br />compatible with the existing neighborhood. <br /> CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store <br />or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be <br />insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, <br />correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater <br />treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and <br />storage facilities. <br /> DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or <br />other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of <br />equipment or materials. <br /> EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway <br />boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share