§ 25-103. General provisions.

1.

Lands to which ordinance applies. This ordinance shall apply to all lands within the jurisdiction of the City of Kirksville identified as numbered and unnumbered A zones, AE, AO, and AH zones, on the flood insurance rate map (FIRM) and flood boundary and floodway map (FBFM) dated February 4, 1981 as amended, and any future revisions thereto. In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City of Kirksville or its duly designated representative under such safeguards and restrictions as the City of Kirksville or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in section 25-105.

2.

Floodplain administrator. The code administrator is hereby designated as the floodplain administrator under this ordinance.

3.

Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations.

4.

Abrogation and greater restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only.

5.

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, 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.

6.

Warning and disclaimer of liability. The degree of flood protection required by this ordinance 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 heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the floodway and flood fringe, or land uses permitted within such areas, will be free from flooding or flood damage. This ordinance shall not create a liability on the part of the City of Kirksville, any officer or employee thereof, for any flood damages that may result from reliance on this ordinance or any administrative decision lawfully made thereunder.

7.

Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.

(Ord. No. 11729, § 2, 9-26-2005)