1145.02 GENERAL PROVISIONS.

   (a)   Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Norwalk, including any additional areas of special flood hazard annexed by the City. (Ord. 2007-021. Passed 5-15-07.)   

   (b)   Basis for Establishing the Areas of Special Flood Hazard.

      (1)   The areas of special flood hazard have been identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Huron County, Ohio and Incorporated Areas effective January 19, 2011. This study, with accompanying Flood Insurance Rate Map, Huron County, Ohio and Incorporated Areas effective January 19, 2011, and any revisions thereto is hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at 38 Whittlesey Avenue, City of Norwalk.

         (Ord. 2010-041. Passed 10-5-10.)

      (2)   Special flood hazards also include areas identified in any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio that has been approved by the City of Norwalk as required by Section 1145.04(c). Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and/or studies are on file at 38 Whittlesey Avenue, City of Norwalk.

   (c)   Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1145.03(i), no structure or land shall hereafter be located, erected, constructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of this chapter and all other applicable regulations which apply to uses within the jurisdiction of this chapter.

   (d)   Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

   (e)   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.

      (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 State law, such State law shall take precedence over the chapter.

   (f)   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 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 hazards 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 Norwalk, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

   (g)   Severability. Should any section or provision of these regulations 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. 2007-021. Passed 5-15-07.)