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

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the more restrictive shall be followed. These regulations shall not impair any deed restriction, covenant or easement but the land subject to such interests shall also be governed by the regulations. 1308.08 INTERPRETATION. In the interpretation and application of these regulations, 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. 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. 1308.09 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by these regulations is consid- ered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare oc- casions. 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 regulations shall not create liability on the part of the City of Lakewood, 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. 1308.10 DEFINITIONS. Unless specifically defined below, words or phrases used in these reg- ulations shall be interpreted so as to give them the meaning they have in common usage and to give these regulations the most reasonable appli- cation. (a) "Accessory Structure" means a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal struc- ture. (b) "Appeal" means a request for review of the Floodplain Adminis- trator's interpretation of any provision of these regulations or a request for a variance. (c) "Base Flood" means the flood having a one percent (1 %) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1 %) chance annual flood or one hun- dred (100) year flood. (d) "Base (100 -Year) Flood Elevation (BFE)" means the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Ver- tical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet). (e) "Basement" means any area of the building having its floor sub - grade (below ground level) on all sides. (f) "Development" means any mamnade change to improved or unim- proved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (g) "Enclosure Below the Lowest Floor ", see "Lowest Floor."