22-19 - Amend Chapter 1308 flood damage prevention following FEMA flood zone update - ordinance

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(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the following studies and /or maps are adopted: (1) Flood Insurance Rate Map for Cuyahoga County, Ohio and Incor- porated Areas effective August 15, 2019; (2) Flood Insurance Study for Cuyahoga County, Ohio and Incorpo- rated Areas effective August 15, 2019; (3) Other studies and/or maps, which may be relied upon for establish- ment of the flood protection elevation, delineation of the 100 -year flood - plain, floodways or delineation of other areas of special flood hazard; and (4) Any hydrologic and hydraulic engineering analysis authored by a registered Professional Engineer in the State of Ohio which has been ap- proved by the City as required by subsection (c) of Section 1308.04. Any revisions to the aforementioned maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such maps and /or studies are on file at the City Hall at 12650 Detroit Avenue, Lakewood, Ohio. (g) Abrogation and Greater Restrictions. These regulations are not in- tended to repeal any existing ordinances including subdivision regula- tions, zoning or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall be fol- lowed. These regulations are not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this ordinance and another ordinance, easement, covenant or deed re- striction conflict or overlap, whichever imposes the more stringent re- strictions shall prevail. (h) Interpretation. In the interpretation and application of these regu- lations, 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. Where a provision of these regulations may be in conflict with a state or federal law, such state or federal law shall take precedence over these regulations. (i) Warning and Disclaimer of Liability. The degree of flood protec- tion required by these regulations 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 man -made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damage. These reg- ulations shall not create liability on the part of the City, any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made thereunder. 0) Severability. Should any section or provision of these regulations be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid. 1308.02 DEFINITIONS. Unless specifically defined below, words or phrases used in this Code shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable application. (a) Accessory Structure. A structure on the same lot with, and of a 23