A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Tombstone.
B. Basis For Establishing The Areas Of Special Flood Hazard: The areas of a special flood hazard identified by the federal insurance administration in a scientific and engineering report entitled "the flood insurance study for the city of Tombstone, Arizona", with an accompanying flood insurance rate map is hereby adopted by reference and declared to be a part of this ordinance. The flood insurance study is on file at the office of the city clerk, city of Tombstone. The flood insurance study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the floodplain board by the floodplain administrator.
C. Compliance: No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations.
D. Abrogation And Greater Restriction: This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance 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 to neither limit nor repeal any other powers granted under state statutes.
F. Warning And Disclaimer Of Liability: The degree of flood protection required by this ordinance 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 ordinance 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 ordinance shall not create liability on the part of the city of Tombstone, any officer or employee thereof, or the federal insurance administration, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder.
G. Statutory Exemptions:
1. In accordance with Arizona Revised Statutes section 45-2342, nothing in this chapter shall:
a. Affect existing uses of property or the right to continuation of the use under conditions which existed on the effective date of this ordinance.
b. Affect repair or alteration of property for the purposes for which such property was used on the effective date of this ordinance; providing such repair or alteration does not exceed fifty percent (50%) of the value of the property prior to the repair or alteration; and provided the repair or alteration does not decrease the carrying capacity of the watercourse.
c. Affect or apply to facilities constructed or installed pursuant to a certificate of environmental compatibility issued under the authority of title 40, chapter 2, article 6.2.
2. In accordance with Arizona Revised Statutes section 45-2343, written authorization shall not be required, nor shall the floodplain board prohibit:
a. The construction of bridges, culverts, dikes and other structures necessary to the construction of public highways, roads and streets intersecting a watercourse.
b. The construction of storage dams for watering livestock or wildlife, structures on banks of a creek, stream, river, wash, arroyo, or other watercourse to prevent erosion of or damage to adjoining land, or dams for the conservation of floodwaters as permitted by title 45, chapter 3.
c. Construction of tailing damns and waste disposal areas for use in connection with mining and metallurgical operations. This paragraph does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse.
d. Any flood control district, or other political subdivision, from exercising powers granted to it under Arizona Revised Statutes title 45, chapter 10.
3. These exemptions do not exempt any person from liability if that person's actions increase flood hazards to any other person or property.
H. Declaration Of Public Nuisance: Every new structure, building, fill, excavation or development located or maintained within any area of special flood hazard, in violation of this ordinance is a public nuisance per se.
I. Abatement Of Violations: Within thirty (30) days of discovery of a violation of this ordinance, the floodplain administrator shall submit a report to the floodplain administrator which is pertinent to said violation. Within thirty (30) days of receipt of this report, the floodplain board shall either:
1. Take any necessary action to affect the abatement of such violation; or
2. Issue a variance to this ordinance in accordance with the provisions of section 3-3-6 of this chapter; or
3. Order the owner of the property upon which the violation exists to provide whatever additional information may be required for their determination. Such information must be provided to the floodplain board within twenty (20) days. At their next regularly scheduled public meeting, the floodplain board shall either order the abatement of said violation or they shall grant a variance in accordance with the provisions of section 3-3-6 of this chapter.
J. Unlawful Acts:
1. It is unlawful for any person to divert, retard or obstruct the flow of waters in any watercourse whenever it creates a hazard to life or property without securing the written authorization of the floodplain board.
2. Any person violating the provisions of this section shall be guilty of a class 2 misdemeanor.
K. Severability: This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 1-1983, 2-16-1983)