A. Lands To Which This Chapter Applies: This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Kellogg. 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 Shoshone County and incorporated areas, dated September 26, 2008, 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 city clerk, 1007 McKinley Avenue, Kellogg, Idaho.
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 of Kellogg or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder. (Ord. 560, 10-17-2012)