A. Lands To Which This Chapter Applies: This flood damage prevention chapter shall apply to all areas of special flood hazard within the jurisdiction of the city of Clinton, Oklahoma. (Ord. 930, 12-7-2010)
B. Establishing Areas Of Special Flood Hazard: The areas of special flood hazard identified by FEMA in a scientific and engineering report entitled, "The Flood Insurance Study For Custer County, Oklahoma And Incorporated Areas" dated January 6, 2011, with the accompanying flood insurance rate map (FIRM) are hereby adopted on January 6, 2011, by reference and declared to be a part of this chapter. However, until this date the current effective flood maps for the city of Clinton dated April 3, 1987, shall be used for this purpose until January 6, 2011.
The areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Washita County, Unincorporated Areas", dated April 3, 2012, with accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of these regulations. However, until April 3, 2012, the areas of special flood hazard identified by the federal emergency management agency in a scientific and engineering report entitled, "The Flood Insurance Study For Washita County, Unincorporated Areas", dated June 18, 1996, with accompanying flood insurance rate map (FIRM) are hereby adopted by reference and declared to be a part of these regulations until April 3, 2012. (Ord. 930b, 3-20-2012)
C. Establishment Of Development Permit: A development permit shall be required to ensure conformance with the provisions of this chapter.
D. Compliance: No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this chapter and other applicable regulations.
E. Abrogation And Greater Restrictions: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
F. Interpretation: In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
G. Warning And Disclaimer Of Liability: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Clinton or any official or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 930, 12-7-2010)
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