(A) Applicability. This Floodplain Overlay Zone shall apply to all areas of special flood hazards within the jurisdiction of the city.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled The Flood Insurance Study for Coos County, Oregon and Incorporated Areas dated December 7, 2018, with accompanying flood insurance rate maps are hereby adopted by reference and declared to be a part of these Floodplain Overlay Zone regulations. The flood insurance study is on file at City Hall, 424 Fifth Street, Myrtle Point, Oregon. The best available information for flood hazard area identification as outlined in these Floodplain Overlay Zone regulations shall be the basis for regulation until a new FIRM is issued which incorporates the data required by these Floodplain Overlay Zone regulations.
(C) Penalties for noncomplianace. No structure nor land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of these Floodplain Overlay Zone regulations and other applicable regulations. Violations of the provisions of the Floodplain Overlay Zone regulations by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation of this development code. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.
(D) Interpretation. In the interpretation and application of these Floodplain Overlay Zone regulations, 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.
(1) The degree of flood protection required by these Floodplain Overlay Zone regulations 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 human-made or natural causes. These Floodplain Overlay Zone regulations do not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
(2) These Floodplain Overlay Zone regulations shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on these Floodplain Overlay Zone regulations or any administrative decision lawfully made hereunder.
(F) Abrogation. These Floodplain Overlay Zone regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where these regulations and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 1267, passed 1-3-2012; Ord. 1283, passed 12-4-2018) Penalty, see § 153.999