18A.50.020 Applicability.
A. Establishment of Flood Zones. This section shall apply to the areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in a scientific engineering report entitled “The Flood Insurance Study for the Unincorporated Areas of Pierce County, WA, Vols. 1 and 2,” dated March 7, 2017, as amended with an accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary Maps, and any revisions thereto, and all protected areas within the City are hereby adopted by reference and declared to be a part of this article. The Flood Insurance Study shall be kept on file by the City Engineer. The best available information for flood hazard area identification, as outlined in this article, shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized in administration of this article.
B. Noncompliance. No structure or land shall hereafter be developed, converted, altered, constructed, or located without full compliance with the terms of this article and other applicable regulations. Violations of the provisions of this article are subject to the penalties identified in this title.
C. Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and other code, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
D. Interpretation of FIRM Boundaries. The Director shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. In the interpretation and application of this article, all provisions shall be:
1. Considered to constitute minimum requirements.
2. Liberally construed in favor of the public trust.
3. Deemed neither to limit nor repeal any other powers granted under state statutes. A party contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretations as provided in this code.
E. 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 occasion. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas 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 of Lakewood, or any officer or employee thereof, or FEMA for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. [Ord. 726 § 2 (Exh. B), 2019.]