A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of city of Hayden. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance.
B. Basis For Special Flood Hazard Areas: The special flood hazard areas identified by the federal emergency management agency in its flood insurance study (FIS) for Kootenai County, Idaho, and incorporated areas dated May 3, 2010, 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 chapter. The FIS and the FIRM are on file at the office of the Hayden community and economic development department at 8930 N. Government Way, Hayden, Idaho.
C. Establishment Of Floodplain Development Permit: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities within special flood hazard areas determined in accordance with the provisions of subsection 13-1-4B of this chapter.
D. 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 chapter and other applicable regulations.
E. Abrogation And Greater Restrictions: This chapter 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, et cetera. However, where this chapter and another conflict or overlap, whichever imposes more stringent or greater restrictions shall control.
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. 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 of Hayden or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder.
H. Penalties For Violation: No structure or land shall hereafter be located, extended, converted, or altered unless in full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county jail for not more than six (6) months, or both. Each day the violation continues shall be considered a separate offense. Nothing herein contained shall prevent the city of Hayden from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. 564, 10-25-2016)
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