A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of the City. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.
B. Basis For Area Of Special Flood Hazard: The special flood hazard areas identified by the Federal Emergency Management Agency in its flood insurance study (FIS) for City, dated February 15, 1984, with accompanying flood insurance rate maps (FIRM), are hereby adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the office of the City of Fruitland, 200 South Whitley Drive, Fruitland, ID 83619. In addition, the best available information for flood hazard area identification as outlined in subsection 11-1-4B1c of this chapter shall be the basis for regulation until a new FIRM, letter of map amendment, or letter of map revision is issued by FEMA that incorporates data utilized under subsection 11-1-4B1c of this chapter. Maps and historical data depicting the best available information used as the basis for regulation, including engineering studies submitted as required in subsection 11-1-4B1c of this chapter, are adopted by reference and declared a part of this chapter. Said information will also be on file at the offices of City.
C. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required prior to development activities in special flood hazard areas established in subsection B of this section.
D. 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.
E. 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. Larger floods can and will occur. Flood heights may be increased by manmade or natural causes. This chapter 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 chapter shall not create liability on the part of the City or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder. (1984 Code § 12-1-3)
Next Doc