§ 50-227. Applicability.

(a)

General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where any state, federal or local statute, law, rule, or regulation is referenced in this article, the reference shall mean that statute, law, rule, or regulation as the same may be amended from time to time.

(b)

Areas to which this article applies. This article shall apply to all flood hazard areas within the unincorporated areas of the county, as established in section 50-227(c) of this article.

(c)

Basis for establishing flood hazard areas. The flood insurance study for Levy County, Florida, and incorporated areas, dated February 3, 2017, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps, and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this article 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 county development department, 622 East Hathaway Avenue, Bronson, Florida, or at such other address for the development department as may be determined by the board of county commissioners.

(d)

Submission of additional data to establish flood hazard areas. Pursuant to section 50-248 of this article, the floodplain administrator may require submission of additional data in order to establish flood hazard areas and base flood elevations. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations:

(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 this ordinance and, as applicable, the requirements of the Florida Building Code.

(2)

Are above the closest applicable base flood elevation, and the area is delineated as a special flood hazard area on the FIRM, 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.

(e)

Other laws. The provisions of this article shall not be deemed to nullify any provisions of local, state or federal law.

(f)

Abrogation and greater restrictions. This article supersedes any ordinance 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 this article and any other ordinance or Levy County Code provision, the more restrictive shall govern. This article is not intended to, and shall not repeal, abrogate, or impair any deed restriction, covenant or easement; however, any land that is subject to such interests shall also be governed by this article.

(g)

Interpretation. In the interpretation and application of this article, all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the county or its board of county commissioners; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

( Ord. No. 2012-04 , § 3, 10-16-2012; Ord. No. 2017-01 , § 2, 1-17-2017)