11.19.030 General provisions.
(a) Applicability. The provisions of this chapter shall apply to all real property, all existing structures and uses, to any proposed structure or use, construction, alteration or development within any special flood hazard area located within the corporate limits of the city, as the corporate limits are now configured or may, from time to time, be amended. Within special flood hazard areas may be located existing structures or uses which are categorically exempt from the provisions of this chapter. See Section 11.19.035, Categorical exemptions.
(b) Basis for Establishing Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study for Yakima County, Washington, and Incorporated Areas," dated October 21, 2021, with accompanying flood insurance rate maps (FIRMs), and any subsequent map revisions are adopted by reference and declared to be a part of this chapter.
The flood insurance study and FIRM referred to in this section are on file and available for public inspection at 222 S. Rushmore Road, Selah, WA 98942. The best available information for flood hazard area identification as outlined in Section 11.19.045(b)(2) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section 11.19.045(b)(2).
(c) Compliance. All development within special flood hazard areas is subject to the terms of this chapter and other applicable regulations.
(d) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and another 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 the 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 chapter 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 chapter 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 chapter does not create liability on the part of the Federal Insurance Administrator for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(g) In the case of conflicts between parts of this chapter and other rules, regulations, resolutions, ordinances or statutes lawfully adopted by the city the most restrictive shall govern. In the case of conflicts between the text, maps or tables of this chapter the text shall govern unless otherwise stated.
(h) Unless specifically defined in this chapter, words, phrases and terms in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "Shall" and "will" are always mandatory; "may" is permissive and indicates the use of discretion in making a decision and does not impose a requirement; "should" is always advisory; "include" means including but not limited to. When not inconsistent with the context, words used in the present tense include the future; the singular the plural; and the plural the singular.
(i) Words importing the masculine gender may be extended to the female and words importing the feminine gender may be extended to the male.
(j) This chapter is amendable. Any section, subsection, paragraph, sentence, clause, phrase or other portion of this chapter, excepting special flood hazard area maps adopted by reference, may be amended following the procedures established in Chapter 10.26.
(1) Proposed amendments shall be submitted on forms provided by the administrator. The application fee established in Section 11.19.100, Fees – Charges, shall accompany the application.
(2) The final decision by the legislative body on any proposed amendment shall be based upon the purpose, intent, definitions, and criteria established in this chapter and the requirements of the National Flood Insurance Program.
(3) The burden of proof that the proposed amendment is consistent with the purpose, intent, definitions and criteria established in this chapter and the requirements of the National Flood Insurance Program shall be upon the applicant(s)/petitioner(s).
(4) The decision of the legislative body shall be final and conclusive unless appealed in accordance with Section 10.26.120.
(k) The city of Selah public works department shall be the repository of special flood hazard area maps, applications, files, certificates of elevation, etc. The mayor of the city, or the mayor's designee, shall serve as administrator of this chapter. The administrator shall administer, interpret, and implement this chapter by granting or denying flood damage prevention permit applications and variances, and revoking flood damage prevention permits for noncompliance in accordance with the provisions of this chapter. (Ord. 2129, § 2, 2021.)