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0581
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0500-0599
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3/30/2006 11:42:11 AM
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6/27/2005 2:07:50 PM
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<br />c. Regulatory Flood Protection Elevation: The Regulatory Flood Protection Elevation <br />shall be an elevation no lower than one foot above the elevation of the regional flood plus <br />any increases in flood elevation caused by encroachments on the flood' plain that result <br />from designation of a floodway. <br /> <br />d. Interpretation: <br /> <br />1. In their interpretation and application, the provisions of this Ordinance shall <br />be held to be minimum requirements and shall be liberally construed in favor of the <br />Governing Body and shall not be deemed a limitation or repeal of any other powers <br />granted by State Statutes. <br /> <br />2. The boundaries of the zoning districts shall be determined by scaling distances <br />on the Official Zoning Map. Where interpretation is needed as to the exact location <br />of the boundaries of the district as shown on the Official Zoning Map, as for <br />example where there appears to be a conflict between a mapped boundary and <br />actual field conditions and there is a formal appeal of the decision of the <br />Community Development Director, the City Council shall make the necessary <br />interpretation. All decisions will be based on elevations on the regional (lOO-year) <br />flood profile and other available technical data. Persons contesting the location of <br />the district boundaries shall be given a reasonable opportunity to present their case <br />to the City Council and to submit technical evidence. <br /> <br />e. Abrogation and Greater Restrictions: It is not interded 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 All other ordinances inconsistent with this Ordinance are hereby repealed to the 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 /> <br />f. Warning and Disclaimer of Liability: This Ordinance does not imply that areas <br />outside the flood plain districts or land uses permitted within such districts will be free <br />from flooding or flood damages. This Ordinance shall not create liability on the part of <br />City of New Brighton or any officer or employee thereof for any flood damages that <br />result from reliance on the Ordinance or any administrative decision lawfully made <br />thereunder. <br /> <br />g. Severability: If any section, clause, provision, or portion of this Ordinance is <br />adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of <br />this Ordinance shall not be affected thereby. <br /> <br />h. Definition: Unless specifically defined below, words or phrases used in this <br />Ordinance shall be interpreted so as to give them the same meaning as they have in <br />common usage and so as to give this Ordinance its most reasonable application. <br /> <br />1. Accessory Use or Structure - a use or structure on the same lot with, and of <br />a nature customarily incidental and subordinate to, the principal use or structure. <br /> <br />2 <br />
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