(a) Lands to Which This Chapter Applies. This chapter shall apply to all areas of special . flood hazard within the jurisdiction of the Village of Peninsula as identified by the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development referenced in subsection (b) hereof, including any additional areas of special flood hazard annexed by the Village of Peninsula.
(b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard have been identified by the Federal Emergency Management Agency [FEMA] in a scientific and engineering study entitled Flood Insurance Study Summit County, Ohio and Incorporated Areas, effective July 20, 2009. This study, with accompanying Flood Insurance Rate Map Summit County, Ohio and Incorporated Areas effective July 20, 2009, and any revisions thereto is hereby adopted by reference as part of these regulations. The study is on file at the Peninsula Town Hall, 1582 Main Street, Peninsula, Ohio, 44264.
(c) Compliance. Unless specifically exempted from filing for a development permit as stated in Section 1321.06(b), 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.
(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; 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 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 manmade 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 Village of Peninsula, any of its officers or employees, 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) Violation and Penalties. Violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a minor misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements (including violations of conditions of and safeguards established in connection with conditions) shall upon conviction thereof be fined in an amount not to exceed $100.00. Each day such a violation continues shall be considered a separate offense. Nothing herein contained shall prevent the Village of Peninsula from taking such other lawful action as is necessary to prevent or remedy any violations. The Village of Peninsula shall prosecute any violation of this chapter in accordance with the penalties stated herein.
(h) Severability. 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 chapter as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 80-2009. Passed 6-8-09.)