§ 10.1.2. Applicability.

(A)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. No. 32-16, § 2, 12-6-16)

(B)

Areas to which the floodplain management regulations apply. The Floodplain Management Regulations shall apply to all flood hazard areas within the City of Delray Beach, as established in LDR Section 10.1.2(C). (Ord. No. 32-16, § 2, 12-6-16)

(C)

Basis for establishing flood hazard areas. The Flood Insurance Study for Palm Beach County, Florida, and Incorporated Areas dated October 5, 2017, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the Delray Beach Building Division, 100 NW 1st Avenue, Delray Beach, Florida. (Ord. No. 32-16, § 2, 12-6-16; Ord. No. 22-17, § 2, 10-3-17)

(D)

Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to LDR Section 10.1.5 the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (Ord. No. 32-16, § 2, 12-6-16)

(1)

Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of the Floodplain Management Regulations and, as applicable, the requirements of the Florida Building Code. (Ord. No. 32-16, § 2, 12-6-16)

(2)

Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. (Ord. No. 32-16, § 2, 12-6-16)

(E)

Other laws. The provisions of the Floodplain Management Regulations shall not be deemed to nullify any provisions of local, state or federal law. (Ord. No. 32-16, § 2, 12-6-16)

(F)

Abrogation and greater restrictions. The Floodplain Management Regulations supersede any LDR Section in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between the Floodplain Management Regulations and any other ordinance, the more restrictive shall govern. The Floodplain Management Regulations shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by the Floodplain Management Regulations. (Ord. No. 32-16, § 2, 12-6-16)

(G)

Interpretation. In the interpretation and application of the Floodplain Management Regulations, all provisions shall be: (Ord. No. 32-16, § 2, 12-6-16)

(1)

Considered as minimum requirements; (Ord. No. 32-16, § 2, 12-6-16)

(2)

Liberally construed in favor of the governing body; and (Ord. No. 32-16, § 2, 12-6-16)

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 32-16, § 2, 12-6-16)