(A) Lands to which subchapter applies. This subchapter applies to all lands within the jurisdiction of the county within the boundaries of the Floodway, Flood Fringe, and General Floodplain Districts. The boundaries of these districts are determined by scaling distances on the Flood Insurance Rate Map, or as modified in accordance with § 152.145(B).
(1) The Floodway, Flood Fringe, and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards will apply.
(2) Where a conflict exists between the floodplain limits illustrated on the official floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating the regulatory floodplain limits.
(3) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence.
(B) Incorporation of maps by reference. See § 152.006 for incorporation of maps by reference.
(C) Abrogation and greater restrictions. It is not intended that this subchapter repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this subchapter imposes greater restrictions, the provisions of this subchapter prevail. All other provisions of this chapter inconsistent with this subchapter are hereby repealed to the extent of the inconsistency only.
(D) Warning and disclaimer of liability. This subchapter does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This chapter does not create liability on the part of the county or its officers or employees for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made hereunder.
(E) Severability. If any section, clause, provision, or portion of this subchapter is adjudged unconstitutional or invalid by a court of law, the remainder of this subchapter shall not be affected and shall remain in full force.
(Ord. 88-2018, passed 11-20-18)
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