Sec. 27-244.  General provisions - Flood Plain Overlay.

 

(a)   This division shall apply to all lands within the jurisdiction of the City of Norfolk, Nebraska identified on the Flood Insurance Rate Map (FIRM), approved by ordinance, as numbered and unnumbered A Zones and/or within the zoning overlay districts FW and FF defined in Sec. 27-246 of this division.  In all areas covered by this division, no development shall be permitted except upon a permit to develop granted by the governing body or its duly designated representative under such safeguards and restriction as they may reasonably impose for the promotion and maintenance of the general health, welfare, and safety of the inhabitants of the community and where specifically noted in Secs. 27-247, 27-248, and 27-249 of this Code.

 

(b)   The zoning official or his or her designee of the community is hereby designated as the council's duly designated enforcement officer.

 

(c)   The boundaries of the floodway and floodway fringe overlay districts shall be determined by scaling distances on the official zoning map.  Where interpretation is needed to the exact location of the boundaries of the districts as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the enforcement officer shall make the necessary interpretations.  In such cases where the interpretation is contested, the board of adjustment will resolve the dispute.  The base flood elevation for the point in question shall be the governing factor in locating the district boundary on the land.  The person contesting the location of the district boundary shall be given a reasonable opportunity to present his or her case to the board and to submit his or her own technical evidence, if so desired.

 

(d)   No development located within known flood areas of the community shall be located, extended, converted or structurally altered without full compliance with the terms of this division and other applicable regulations.

 

(e)   It is not intended by this division to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.  However, where this division imposes greater restrictions, the provision of this division shall prevail. 

 

(f)   In their interpretation and application, the provisions of this division shall be held to the minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes.

 

(g)   The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study.  Larger floods may occur on rare occasions or the flood height may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris.  This division does not imply that areas outside floodway and floodway fringe district boundaries or land uses permitted within such districts will be free from flooding or flood damages.  This division shall not create liability on the part of City of Norfolk, Nebraska, or any officer or employee thereof for any flood damages that may result from reliance on this division or any administrative decision lawfully made thereunder.

 

(h)   Where a request for a permit to develop is denied by the enforcement officer, the applicant may apply for variance directly to the board of adjustment.  The board may grant or deny such request by appropriate resolution adopted within 30 days after the date of such application. 

 

Source:  Ord. No. 4603, 1, 9-16-02; Ord. No. 5207, 3, 6-4-12