(1) Lands To Which This Article Applies: This article shall apply to all special flood hazard areas within the jurisdiction of Canyon County. Nothing in this article is intended to allow uses or structures that are otherwise prohibited by the Zoning Ordinance.
(2) Basis For Area Of Special Flood Hazard: The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS) for Canyon County, Idaho, and Incorporated Areas", dated June 7, 2019, with accompanying Flood Insurance Rate Maps (FIRM) or Digital Flood Insurance Rate Maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this article. The FIS and the FIRM are on file at the Office of the Development Services Department 111 North 11th Avenue, Suite 140, Caldwell, Idaho, of Canyon County.
(3) Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of section 07-10A-09 of this article.
(4) Interpretation: In the interpretation and application of this article, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the Governing Body; and
C. Deemed neither to limit nor repeal any other powers granted under State Statutes.
(5) Compliance: No structure or land shall hereafter be located, extended, converted, altered, or developed in any way without full compliance with the terms of this article and other applicable regulations.
(6) Abrogation And Greater Restrictions: This article shall not in any way repeal, abrogate, impair, or remove the necessity of compliance with any other laws, ordinances, regulations, easements, covenants, or deed restrictions, etcetera. However, where this article and others conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
(7) Warning And Disclaimer Of Liability: The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Canyon County or by any officer or employee thereof for flood damages that result from reliance on this article or an administrative decision lawfully made hereunder.
(8) Enforcement: It shall be unlawful for any person to fail to comply with the preceding sections, or any part or provision, of this chapter. Upon conviction violations shall be punishable according to section 01-01-07 of the County's Ordinance, General Penalty. Criminal enforcement shall not foreclose use of other remedies in this chapter.
(9) Civil penalties: In addition to, and exclusive of, the criminal remedy provided by this section, the County may institute any civil enforcement proceedings pursuant to section 07-19-01 of the County's Ordinance, Civil Enforcement Procedure. Actions to abate for a violation of this section shall require an additional finding by the Board that there is an imminent threat to human health or safety. (Ord. 19-038, 8-30-2019; amd. Ord. 21-030, 10-14- 2021)