A. Lands To Which This Chapter Applies:
1. This chapter shall apply to all special flood hazard areas within the jurisdiction of the city of Umatilla. Nothing in this chapter is intended to allow uses or structures that are otherwise prohibited by the zoning ordinance or building codes.
B. Basis For Area Of Special Flood Hazard:
1. The area of special flood hazard identified by the federal emergency management agency in its flood insurance study (FIS) for Umatilla County, Oregon, and incorporated areas, dated September 3, 2010, with accompanying flood insurance rate maps (FIRM) or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared a part of this chapter. The FIS and the FIRM are on file at the office of the city of Umatilla, 700 6th Street, PO Box 130, Umatilla, OR 97882.
C. Coordination With Building Codes:
1. Pursuant to the requirement established in state statute that the city of Umatilla administers and enforces the state building codes, the council of the city of Umatilla does hereby acknowledge that the state building codes contain certain provisions that apply to the design and construction of buildings and structures located in areas of special flood hazard. Therefore, this chapter is intended to be administered and enforced in conjunction with the state building codes.
D. Establishment Of Floodplain Development Permit:
1. A floodplain development permit shall be required prior to initiating development activities in any areas of special flood hazard established in subsection B of this section.
2. Any floodplain development permit that requires an engineering certification or engineering analysis, calculations or modeling to process shall be considered a land use action requiring a quasi-judicial land use hearing.
E. Interpretation:
1. In the interpretation and application of this chapter all provisions shall be:
a. Considered as minimum requirements;
b. Liberally construed in favor of the governing body; and
c. Deemed neither to limit nor repeal any other powers granted under state statutes, including state building codes.
F. Warning And Disclaimer Of Liability:
1. 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. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside areas of special flood hazard 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 Umatilla or by any officer or employee thereof for flood damages that result from reliance on this chapter or an administrative decision lawfully made hereunder. (Ord. 760, 8-17-2010)
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