§ 18-281. Applicability.

(a)

General . Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(b)

Areas to which this article applies . This article shall apply to all flood hazard areas within the city of West Palm Beach, as established in section 18-281(c) of this article.

(c)

Basis for establishing flood hazard areas . The flood insurance study for Palm Beach County 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, and the most recently available flood elevation data provided by FEMA, are adopted by reference as a part of this article and shall serve as the minimum basis for establishing flood hazard areas. The city reserves the right to implement locally developed data with technical or scientific validity to establish more accurate maps. Studies and maps that establish flood hazard areas shall be retained on file at the City of West Palm Beach, Development Services Department, 401 Clematis Street, West Palm Beach, Florida.

(d)

Submission of additional data to establish flood hazard areas . To establish flood hazard areas and base flood elevations, pursuant to section 18-284 of this article, 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:

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

(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.

(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, the more restrictive shall govern. This article shall not impair any deed restriction, covenant or easement, but 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 governing body; and

(3)

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

(Ord. No. 4729-17, § 3, 9-14-2017)