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Last modified
5/26/2010 9:32:34 AM
Creation date
5/26/2010 9:29:21 AM
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Roseville City Council
Document Type
Council Ordinances
Meeting Date
5/17/2010
Ordinance #
1394
Ordinance Title
AN ORDINANCE ADDING TITLE 10 SECTION, CHAPTER 1021 - AN ORDINANCE ESTABLISHING FLOODPLAIN REGULATIONS IN ACCORDANCE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY
City Code Chapter Amendment
T10, C 1021
Ordinance Date Passed
5/17/2010
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D. Interpretation: <br />1. In their interpretation and application, the provisions of this Ordinance <br />shall be held to be minimum requirements and shall be liberally <br />construed in favor of the Governing Body and shall not be deemed a <br />limitation or repeal of any other powers granted by state statutes. <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 <br />location of the boundaries of the district as shown on the Official Zoning Map, <br />as for example where there appears to be a conflict between a mapped <br />boundary and actual field conditions and there is a formal appeal of the <br />decision of the Zoning Administrator, the Board of Adjustment shall make the <br />necessary interpretation. All decisions will be based on elevations on the <br />regional (100-year) flood profile, the ground elevations that existed on the site <br />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 <br />within the 100-year floodplain if earlier, and other available technical data. <br />Persons contesting the location of the district boundaries shall be given a <br />reasonable opportunity to present their case to the Board of Adjustment and to <br />submit technical evidence. <br />E. Abrogation and Greater Restrictions: It is not intended by this Ordinance to <br />repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. <br />However, where this Ordinance imposes greater restrictions, the provisions of this <br />Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby <br />repealed to the extent of the inconsistency only. <br />F. Warning and Disclaimer of Liability: This Ordinance does not imply that <br />areas outside the flood plain districts or land uses permitted within such districts <br />will be free from flooding or flood damages. This Ordinance shall not create <br />liability on the part of the City of Roseville or any officer or employee thereof for <br />any flood damages that result from reliance on this Ordinance or any <br />administrative decision lawfully made thereunder. <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 <br />remainder of this Ordinance shall not be affected thereby. <br />H. Definitions: 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 <br />in common usage and so as to give this Ordinance its most reasonable application. <br />Accessory Use or Structure - a use or structure on the same lot with, and of a <br />nature customarily incidental and subordinate to, the principal use or <br />structure. <br />-3- <br />
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