1377.01 GENERAL PROVISIONS.

   This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City as identified below, including any additional areas of special flood hazard annexed by the City:

   (a)   For the purposes of this Chapter, the following studies and/or maps are adopted:

      (1)   Flood Insurance Rate Map Cuyahoga County, Ohio and Incorporated Areas and Flood Insurance Study Cuyahoga County, Ohio and Incorporated Areas both effective December 3, 2010;
(Ord. 2010-42. Passed 11-9-10.)

      (2)   Other studies and/or maps which may be relied upon for establishment of the flood protection elevation, delineation of the 100-year floodplain, floodways or delineation of other areas of special flood hazard include:

         A.   Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been approved by the City as required by Section 1377.04(c), Subdivisions and Large Scale Developments.

Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of this Chapter. Such maps and/or studies are on file at the City's Building Department located at 6335 Selig Drive, Independence, Ohio 44131.

   (b)   This Chapter is not intended to repeal any existing ordinances or resolutions including subdivision regulations, zoning or building codes. In the event of a conflict between this Chapter and any other ordinance or resolution, the more restrictive shall be followed. This Chapter shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations.

   (c)   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. Where a provision of this Chapter may be in conflict with a state or Federal law, such state or Federal law shall take precedence over this Chapter.

   (d)   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 on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. This Chapter shall not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on this Chapter or any administrative decision lawfully made thereunder; and

   (e)   Should any section or provision of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

      (Ord. 2007-31. Passed 12-11-07.)