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Title 17E
Chapter 17E.030
Section 17E.030.050
 

Title 17E Environmental Standards

Chapter 17E.030 Floodplain Management

Section 17E.030.050 General Provisions

In all areas of special flood hazards, the following standards are required:

  1. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City.
  1. Basis for Establishing the Areas of Special Flood Hazard.

The areas of special flood hazards identified by the Federal Insurance Administrator in a scientific and engineering report entitled “The Flood Insurance Study for Spokane County, Washington and Incorporated Areas” dated July 6, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRM) dated July 6, 2010, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The procedure for map corrections is set forth in the federal code of regulations, 44 CFR Part 70. The Flood Insurance Study and Flood Insurance Rate Maps are on file in the City planning and economic development services department.

The best available information for flood hazard area identification as outlined in Section 17E.030.080(B) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 17E.030.080(B).

  1. Compliance

All development within special flood hazard areas is subject to the terms of this ordinance and other applicable regulations.

  1. Abrogation and Greater Restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another Spokane Municipal Code section, shoreline master program and any revisions thereto, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

  1. Interpretation.

In the interpretation and application of this chapter, all provisions shall be:

  1. considered as minimum requirements;
  1. liberally construed in favor of the governing body; and
  1. deemed neither to limit nor repeal any other powers granted under the laws of the State of Washington.
  1. Warning and Disclaimer of Liability.

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 on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside of the areas of special flood hazards, or uses permitted within such areas, will be free from flooding or flood damages. This chapter does not create liability on the part of the City, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.

  1. 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

Date Passed: Monday, October 25, 2021

Effective Date: Thursday, December 2, 2021

ORD C36118 Section 2