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40.420.010 Introduction
A. Purpose.
The purpose of this chapter is to:
1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in a flood hazard area; and
8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(Amended: Ord. 2005-04-15)
B. Applicability.
1. This chapter shall apply to all flood hazard areas within the jurisdiction of Clark County.
2. Basis for Establishing Flood Hazard Areas. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for Clark County” (effective August 2, 1982, and revised July 19, 2000) and accompanying maps and any revisions thereto are hereby adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at the Community Development department.
(Amended: Ord. 2005-04-15)
C. Definitions.
For purposes of this chapter, the following definitions shall apply:
1. “Floodway area” means the channel of a river or other watercourse and land areas within one hundred (100) feet that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. For areas of special flood hazard studied in detail, the floodway boundary is delineated upon the Flood Insurance Study Maps. In all other areas of special flood hazard, the floodway boundary shall be determined by the use of other base flood data, as described in Section 40.420.030(D)(2).
2. “Floodway fringe area” means the land area between the boundary of the floodway and the limits of the one hundred (100) year floodplain. In those special flood hazard areas where the floodway boundary is not delineated upon Flood Insurance Study Maps, the floodway fringe area shall be determined by the use of other base flood data, as described in Section 40.420.030(D)(2).
(Amended: Ord. 2005-04-15)
D. Relationship to Other Requirements.
Land uses in flood hazard areas shall be subject to all relevant local, state, or federal regulations including those of the underlying zoning district. Where applicable, permit requirements under the Shoreline Management Act (Chapter 90.58 RCW), or the State Flood Control Zone Act (Chapter 86.16 RCW) may be substituted for permits required under this chapter; provided, that the standards of this chapter are applied.
(Amended: Ord. 2005-04-15)
E. Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.
(Amended: Ord. 2005-04-15)
F. Abrogation and Greater Restrictions.
This chapter is not intended to repeal or impair any existing easements, covenants or deed restrictions. However, where this chapter and another code, ordinance, easement, covenant or deed restriction conflict or overlap, that which imposes the more stringent restrictions shall prevail.
(Amended: Ord. 2005-04-15)
G. 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.
(Amended: Ord. 2005-04-15)
H. Warning and Disclaimer of Liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes, and is based upon 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 flood hazard areas, or uses permitted within such areas, will be free from flooding or flood damages. This chapter shall not create liability on the part of Clark County, 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.
(Amended: Ord. 2005-04-15)