(A) Lands to which this subchapter applies. This subchapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Elephant Butte.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, “The Developed Conditions and Analysis Report, Drainage Master Plan for the City of Elephant Butte” dated October 14, 2004 with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be part of this subchapter. FIRM dated July 16, 1996 of Sierra County, Panel 485.
(C) Establishment of development permit. A development permit shall be required to ensure conformance with the provisions of this subchapter.
(D) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this subchapter and other applicable regulations.
(E) Abrogation and greater restrictions. This subchapter is not intended to repeal, abrogate, or impair any existing easement, covenants, or deed restrictions. However, where this subchapter and another 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 subchapter, 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 or liability. The degree of flood protection required by this subchapter 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 subchapter does not imply that land onside the areas of special flood hazards or uses permitted within the areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this subchapter or any administrative decision lawfully made thereunder.
(Ord. 76, passed 11-17-2004; Am. Ord. 78, passed 3-2-2005) Penalty, see § 10.99