Chapter 16.84


16.84.010    Lands to which this division applies.

16.84.020    Basis for establishing the areas of special flood hazard.

16.84.030    Compliance.

16.84.040    Abrogation and greater restrictions.

16.84.050    Interpretation.

16.84.060    Warning and disclaimer of liability.

16.84.070    Severability.

16.84.010 Lands to which this division applies.

This division shall apply to all areas of special flood hazard within the jurisdiction of the City of Poway. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.84.020 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration of the Federal Emergency Management Agency (FEMA) in the 2012 Flood Insurance Study (FIS) and accompanying 2012 Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this division. This FIS and attendant mapping is the minimum area of applicability of this division and may be supplemented by studies for other areas which allow implementation of this division and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 13325 Civic Center Drive, Poway, California. (Ord. 743 § 3, 2012)

16.84.030 Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this division and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Poway from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.84.040 Abrogation and greater restrictions.

This division is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this division and/or other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.84.050 Interpretation.

In the interpretation and application of this division, 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. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.84.060 Warning and disclaimer of liability.

The degree of flood protection required by this division 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 division does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This division shall not create liability on the part of the City of Poway, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this division or any administrative decision lawfully made thereunder. (Ord. 599 § 2, 2004; Ord. 503, 1998; Ord. 174, 1985)

16.84.070 Severability.

This division and the various parts thereof are hereby declared to be severable. Should any section of this division be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the division as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 599 § 2, 2004)