(A) Lands to which this code applies. This code shall apply to all areas of special flood hazards withinthe boundaries of Coconino County, except those incorporated cities and town which have adopted a resolution in accordance with A.R.S. § 48-3610.
(B) Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in a scientific and engineering report entitled The Flood Insurance Study for Coconino County, dated 11-16-1983, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFM), dated 11-16-1983 and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this code. This Flood Insurance Study (FIS) and attendant mapping is the minimum area of applicability of this code and may be supplemented by studies for other areas which allow implementation of this code and which are recommended to the Floodplain Board by the Floodplain Administrator. The Board, within its area of jurisdiction, shall delineate (or may by rule require developers of land to delineate) for areas where development is on-going or imminent, and thereafter as development becomes imminent, floodplains consistent with the criteria developed by the Federal Emergency Management Agency and the Director of Water Resources. The FIS, FIRMs and FBFMs are on file at the Department of Community Development, 2500 N. Fort Valley Road, Flagstaff.
(C) Compliance. All development of land, construction of residential, commercial or industrial structures or future development, or uses of any kind conducted on land areas located within the Floodplain Management Overlay Zone shall be accomplished in complete conformance with the provisions of this section and other applicable regulations. Proposed actions which may divert, retard or obstruct floodwaters or in any way threaten public health, safety or the general welfare must first be reviewed and approved by the County Engineer and may be initiated only after a finding has been made that serious detrimental impacts will not occur.
(D) Abrogation and greater restrictions. This code is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this code 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 code, 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.
(F) Warning and disclaimer of liability. The degree of flood protection required by this code 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. This code 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 code shall not create liability on the part of Coconino County, any officer or employee thereof, the state, the Federal Insurance Administration or the Federal Emergency Management Agency, for any flood damages that result from reliance on this code or any administrative decision lawfully made thereunder.
(G) Statutory exemptions.
(1) In accordance with A.R.S. § 48-3609.H, regulations herein adopted for the FPM Zone shall not affect:
(a) Existing legal uses of property or the right to continuation of such legal uses. However, if a non-conforming use of land, building or structure is discontinued for 12 months or destroyed to the extent of 50% of its value, as determined by a competent appraiser, any further use shall comply with this code and regulations of Coconino County;
(b) Reasonable repair or alteration of property for the purposes for which the property was legally used on 5-6-1987, or the effective date of any regulations affecting such property; except that, any alteration, addition or repair to a non-conforming building or structure which would result in increasing its flood damage potential by 50% or more shall be either floodproofed or elevated to or above the regulatory flood elevation;
(c) Reasonable repair of structures constructed with the written authorization required by A.R.S. § 48-3613; and
(d) Facilities constructed or installed pursuant to a certificate of environmental compatibility issued pursuant to A.R.S. Title 40, Ch. 2, Art. 6.2.
(2) In accordance with A.R.S. § 48-3613, 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 or crossing a watercourse;
(b) The construction of storage dams for watering livestock or wildlife, structures on banks of a watercourse to prevent erosion of or damage to adjoining land if the structure will not divert, retard or obstruct the natural channel of the watercourse or dams for the conservation of floodwaters as permitted by A.R.S. Title 45, Ch. 21;
(c) Construction of tailing dams and waste disposal areas for use in connection with mining and metallurgical operations. This division (G)(2)(c) does not exempt those sand and gravel operations which will divert, retard or obstruct the flow of waters in any watercourse from complying with and acquiring authorization from the Board pursuant to regulations adopted by the Board under this section;
(d) Other construction if it is determined by the Board that written authorization is unnecessary;
(e) Any flood control district, county, city, town, or other political subdivision, from exercising powers granted to it under A.R.S. Title 48, Ch. 21, Art. 1;
(f) The construction of streams, waterways, lakes and other auxiliary facilities in conjunction with development of public parks and recreation facilities by a public agency or political subdivision; and
(g) The construction and erection of poles, towers, foundations, support structures, guy wires and other facilities related to power transmission as constructed by any utility whether a public service corporation or a political subdivision.
(3) Before any construction authorized by division (G)(2) above may begin, the responsible person must submit plans for the construction to the Floodplain Board for review and comment.
(4) In addition to other penalties or remedies otherwise provided by law, this state, a political subdivision or a person who may be damaged or has been damaged as a result of the unauthorized diversion, retardation or obstruction of a watercourse has the right to commence, maintain and prosecute any appropriate action or pursue any remedy to enjoin, abate or otherwise prevent any person from violating or continuing to violate this section or regulations adopted pursuant to A.R.S. Title 45, Ch. 10, Art. 4. If a person is found to be in violation of this section, the court shall require the violator to either comply with this section if authorized by the board or remove the obstruction and restore the watercourse to its original state. The court may also award such monetary damages as are appropriate to the injured parties resulting from the violation, including reasonable costs and attorney fees.
(H) Declaration of public nuisance. Every new structure, building, fill, excavation or development located or maintained within any area of special flood hazard after 8-8-1973 in violation of this code is a public nuisance per se and may be abated, prevented or restrained by action of this political subdivision.
(I) Abatement of violations. Within 30 days of discovery of a violation of this code, the Floodplain Administrator shall submit a report to the Floodplain Board which shall include all information available to the Floodplain Administrator which is pertinent to said violation. Within 30 days of receipt of this report, the Floodplain Board shall either:
(1) Take any necessary action to effect the abatement of such violation;
(2) Issue a variance to this code in accordance with the provisions of § 13.6-8 herein;
(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 Administrator within 30 days of such order, and he or she shall submit an amended report to the Floodplain Board within 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 herein established; or
(4) Submit to the Administrator of the Federal Insurance Administration a declaration for denial of insurance, stating that the property is in violation of a cited state or local law, regulation or ordinance, pursuant to § 1316 of the National Flood Insurance Act of 1968 as amended.
(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. Where the watercourse is a delineated floodplain, it is unlawful to excavate or build any structure affecting the flow of waters without securing 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 Floodplain Management Overlay Zone and the various parts thereof are hereby declared to be severable. Should any section of this § 13.6 be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
(Ord. 2012-04, passed 12-5-2012)