§ 18-24. General provisions.

(a)

Lands to which this article applies. This article shall apply to all areas of special flood hazards within the jurisdiction of the city as set out in the flood insurance study and the flood insurance rate maps.

(b)

Basis for establishing areas of special flood hazard . The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Gibraltar" dated June 15, 1979, with accompanying flood insurance rate maps and flood boundary-floodway maps is hereby adopted by reference and declared to be a part of this article. The flood insurance study is on file at the city hall.

(c)

Substantial improvement. The floodplain map and all other codes affecting the construction of residential property, whether new or existing construction having substantial improvement, shall have a first floor minimum elevation of 578.2 IGLD 1955. This elevation supersedes all other standards, and codes in conflict shall adopt this standard.

(d)

Abrogation and greater restrictions . This article is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this article and other 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 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.

(f)

Warning and disclaimer of liability . The degree of flood protection required by this article 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 article does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the city or any officer or employee thereof or the federal insurance administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder.

(Code 1977, § 11½-5; Ord. No. 32A, 5-29-1979; Ord. No. 137, 8-26-1985; Ord. No. 229, 6-23-1997)